Laws of the People's Republic of China

the People's Bank of China

Notice of the People's Bank of China on Printing and Distributing the Provisions on the Management of Foreign Exchange Deposit Reserve of Financial Institutions

No.252 [2004] of the People's Bank of China

All the branches and business management departments of the People's Bank of China, the central sub-branches of the People's Bank of China in the capital cities of all the provinces, the solely state-owned commercial banks, and the joint stock commercial banks:

For the purpose of strengthening the management on foreign exchange deposit reserve, bringing into full play the role of it and promoting the stable management of financial institutions, the People's Bank of China has formulated the Provisions on the Management of Foreign Exchange Deposit Reserve of Financial Institutions (hereinafter referred to as the Provisions) according to Law of the People's Bank of China of the People's Republic of China , the Law of the Commercial Bank of the People's Republic of China and other laws and regulations. The Provisions are hereby printed and distributed to you. Please implement them accordingly and relevant issues are noticed as follows:

I.

The rate of deposit reserve

The rates of foreign exchange deposit reserve of financial institutions shall be 3% uniformly after adjustment as of the date of January 15, 2005.

II.

Ways of Deposit

1.

The Deposit Voucher of Foreign Exchange Deposit Reserve (For the format, please read Annex 2) shall be submitted to the business management department of the People's Bank of China by the Industrial and Commercial Bank of China, the Agricultural Bank of China, the Bank of China, the Construction Bank of China, the CITIC Industrial Bank, China Everbright Bank, Huaxia Bank, and China Minsheng Banking Corp. Ltd.. In case the Voucher is up to the standard after being examined by the business management department of the People's Bank of China, the aforesaid banks shall go through formalities for transferring money to the business management department of the People's Bank of China.

2.

The Deposit Voucher of Foreign Exchange Deposit Reserve shall be submitted to the branches and sub-branches of the People's Bank of China at the locality of their juridical persons by the Bank of Communications, Guangdong Development Bank, Shenzhen Development Bank Co., Ltd., China Merchants Bank, Shanghai Pudong Development Bank, Industrial Bank Co., Ltd., Evergrowing Bank and China Zheshang Bank Co., Ltd.. In case the Voucher is up to the standard after being examined by the branches and sub-branches of the People's Bank of China at their localities, the aforesaid banks shall go through formalities for transferring money to the business management department of the People's Bank of China.

3.

The Deposit Voucher of Foreign Exchange Deposit Reserve shall be submitted to the branches and sub-branches of the People's Bank of China by their juridical person institutions (or each branch and sub-branch of the foreign banks) at the locality of the urban commercial banks, rural commercial (cooperative) banks, urban credit cooperatives, rural credit cooperatives, financial companies of an enterprise group, and foreign-funded financial institutions at the capital cities of the provinces (including municipalities directly under the Central Government, hereinafter referred to as the provincial capital cities) and at Shenzhen city. In case the Voucher is up to the standard after being examined by the business departments of the branches and sub-branches of the People's Bank of China, the aforesaid financial institutions shall go through formalities for transferring money to the branches and sub-branches of the People's Bank of China at their localities.

4.

The Deposit Voucher of Foreign Exchange Deposit Reserve shall be submitted to the sub-branches of the People's Bank of China by their juridical person institutions (or each branch and sub-branch of the foreign banks) at the localities of the urban commercial banks, rural commercial (cooperative) banks, urban credit cooperatives, rural credit cooperatives, financial companies of an enterprise group and the foreign-funded financial institutions of the non-provincial capital cities. In case the Voucher is up to the standard after being examined by the business departments of the sub-branches of the People's Bank of China, the aforesaid financial institutions shall go through formalities for transferring money to the branches of the People's Bank of China (business management departments or central sub-branches of the provincial capital cities) at their provinces, autonomous regions and municipalities directly under the Central Government.

5.

The business management department of the People's Bank of China shall be responsible for handling the foreign exchange reserve deposit of state-owned commercial banks, joint stock commercial banks and the foreign-funded financial institutions, urban commercial banks, rural cooperative banks, urban credit cooperatives, rural credit cooperatives and financial companies in Beijing, and be responsible for the work of reallocating or increasing (or decreasing) the foreign exchange reserve deposit collected by the branches of the People's Bank of China (the business management department of Chongqing city, or the central sub-branch banks of provincial capital cities and Shenzhen city). The branches of the People's Bank of China (the business management department of Chongqing city, or central sub-branch banks of provincial capital cities and Shenzhen city) shall be responsible for handling the reallocation or increase (or decrease) of the foreign exchange reserve deposit of foreign-funded financial institutions, urban commercial banks, rural cooperative banks, urban credit cooperatives and rural credit cooperatives within their own jurisdictions. And

6.

The branches of the People's Bank of China (the business management department of Chongqing city or central sub-branch banks of provincial capital cities and Shenzhen city) shall open special accounts for foreign exchange reserve deposit in the Bank of China in their localities.

The branches of the People's Bank of China (the business management department of Chongqing city, or central sub-branch banks of provincial capital cities and Shenzhen city) shall transfer the foreign exchange reserve deposit they have collected into the special account for foreign exchange reserve deposit opened in the Bank of China by the business management department of the People's Bank of China before the date of 20 each month.

If there is any return of the reserve, the business management department of the People's Bank of China shall transfer the foreign exchange reserve deposit into the special account for foreign exchange reserve deposit opened in the Bank of China by the branches of the People's Bank of China (the business management department of Chongqing city, or central sub-branch banks in provincial capital cities and Shenzhen city) before the 10th the current month (in the case of long holidays, two workdays shall be added).

III.

Supervision and Management

The currency credit department of the People's Bank of China shall be responsible for organizing the work for the management, supervision and punishment on foreign exchange deposit reserve. The accounting department of the People's Bank of China shall be responsible for the work of examination and approval of the accounting items within the purview of deposit of the foreign exchange reserve. And the business department shall be responsible for the work of checkup on the statements of foreign exchange deposit reserve, capital collection and routine examination. The relevant departments shall strengthen the information communication, cooperate closely with each other and well manage the foreign exchange deposit reserve.

IV.

Others

The present Provisions shall come into force as of January 1st, 2005. The relevant financial institutions shall, pursuant to the requirements, have the foreign exchange deposit reserve transferred into the special account of foreign exchange reserve deposit opened by the People's Bank of China in the Bank of China before the date of January 15, 2005. The date in the present Notice and its Annex shall refer to the date in Gregorian calendar and in the case of festivals or holidays it shall be postponed to the first workday after the festival or holiday .

With the view of unifying the management on foreign exchange deposit reserve, the foreign-funded financial institution, who fails to submit the accounting items and the statement on the items to the local branches or sub-branches of the People's Bank of China, shall report the accounting items and the statement on the items to the branches or sub-branches of the People's Bank of China for archival purpose. So that the scope of deposit of the reserve can be determined.

A separate notice shall be issued on the relevant business accounting measures for foreign exchange deposit reserve.

Every branch and business management department of the People's Bank and every central sub-branch of the bank in the provincial capital cities shall transmit the present Notice to the urban commercial banks, rural commercial (cooperative) banks, urban credit cooperatives, rural credit cooperatives, financial companies of an enterprise group and foreign-funded financial institutions within their own jurisdictions.

Attachments:

1. Provisions on the Management of Foreign Exchange Deposit Reserve of Financial Institutions

2. Deposit Voucher of Foreign Exchange Deposit Reserve (Omitted)

People's Bank of China

October 29, 2004 Attachment 1:Provisions on the Management of Foreign Exchange Deposit Reserve of Financial Institutions

Chapter I General Provisions

Article 1

For the purpose of strengthening the management on foreign exchange deposit reserve, bringing into full play the role of foreign exchange deposit reserve and promoting the stable management of financial institutions, the present Provisions are formulated according to the Law of the People's Republic of China on the People's Bank of China and the Law of the People's Republic of China on Commercial Banks and other laws and regulations.

Article 2

The present Provisions shall be applied to the financial institutions that absorb foreign exchange deposit within the territory of the People's Republic of China, including: solely state-owned commercial banks, joint stock commercial banks, urban commercial banks, rural commercial (cooperative) banks, urban credit cooperatives, rural credit cooperatives, financial companies of enterprise groups, solely foreign-funded banks, Sino-foreign joint venture banks, solely foreign-funded financial companies, Sino-foreign joint venture financial companies and branches of foreign banks as well as other financial institutions that absorb foreign exchange deposit.

Article 3

The foreign exchange deposit reserve shall refer to a proportion of foreign exchange deposit absorbed by a financial institution and deposited into the People's Bank of China pursuant to a certain percentage.

The rate of foreign exchange deposit reserve shall refer to the ratio of the foreign exchange deposit reserve deposited into the People's Bank of China by a financial institution to the whole foreign exchange deposit absorbed by it.

Article 4

The People's Bank of China shall be responsible for determining and adjusting the rate of foreign exchange reserve, and for inspecting and supervising the acts of financial institutions for their implementation of provisions on the management of foreign exchange deposit reserve.

Article 5

The People's Bank of China will not compute and pay interests for the foreign exchange deposit reserve deposited by financial institutions.

Chapter II Deposit

Article 6

The purview of foreign exchange deposit, for which a financial institution shall deposit foreign exchange deposit reserve, includes:

1.

The individual foreign exchange savings deposit and entity foreign exchange deposit that are absorbed by a financial institution, the reserve deposit for issuance of foreign currency credit cards and other foreign exchange deposits or obligations checked and ratified by the People's Bank of China. And

2.

The credit balance after reducing the assets items and the liabilities items of foreign exchange business under the entrustment or agency of any financial institution . Where it is a debit balance after such reduction, the balance of liabilities items that shall be deposited will be regarded as zero. No one may deduct or reduce other balance of foreign exchange liabilities items that shall be deposited with certain debit balance.

Article 7

The People's Bank of China shall, according to the requirements for adjustment and control of currency policies, prescribe and adjust the purview of foreign exchange deposit for which a financial institution shall deposit foreign exchange deposit reserve.

Article 8

The accounting items matched with the purview of foreign exchange deposit for which a financial institution shall deposit foreign exchange deposit reserve shall be determined by the People's Bank of China or its authorized branches and sub-branches.

1.

The accounting items matched with the purview of foreign exchange deposit for which foreign exchange deposit reserve shall be deposited by any solely state-owned commercial bank, joint stock commercial bank, city commercial bank, rural commercial (cooperative) bank, urban credit cooperative, rural credit cooperative and financial company of an enterprise group shall be determined by the head office of the People's Bank of China. And

2.

The accounting items matched with the purview of foreign exchange deposit for which foreign exchange deposit reserve shall be deposited by any wholly foreign-funded bank, Sino-foreign joint venture bank, solely foreign-funded financial company, Sino-foreign joint venture financial company or branch of any foreign bank (hereinafter called by a joint name of foreign-funded financial institutions) shall be determined by the branches or sub-branches of the People's Bank of China at the localities of their juridical person institutions (or branches of foreign banks) pursuant to the principles as prescribed by the head office, and shall be put on records at the head office.

Article 9

The foreign exchange deposit reserve of any financial institution shall be deposited into the special foreign exchange reserve deposit account opened by the People's Bank of China in a Chinese-funded commercial bank within the territory of China.

1.

The foreign exchange deposit reserve of solely state-owned commercial banks or joint stock commercial banks shall be deposited uniformly by their head offices into the special foreign exchange reserve deposit account opened by the business management department of the People's Bank of China in a Chinese-funded commercial bank.

2.

The foreign exchange deposit reserve of any urban commercial bank, rural commercial (cooperative) bank, urban credit cooperative, rural credit cooperative and financial company of any enterprise group shall be deposited by their juridical person institutions into the special foreign exchange reserve deposit account opened by the branches of the People's Bank of China (the business management departments or central sub-branches of provincial capital cities) of their provinces (autonomous regions and municipalities directly under the Central Government)in a Chinese-funded commercial bank within the territory of China. And

3.

The foreign exchange deposit reserve of any foreign-funded financial institution with juridical person status shall be deposited by its juridical person institution into the special foreign exchange reserve deposit account opened in a Chinese-funded commercial bank within the territory of China by the branches and business management departments of the People's Bank of China in the provinces (autonomous regions, and municipalities directly under the Central Government) or the central sub-branches of the capital cities of the provinces (hereinafter referred to as the provincial capital cities). The foreign exchange deposit reserve of branches of foreign banks shall be deposited respectively by each branch of any foreign bank into the special foreign exchange reserve deposit account opened in a Chinese-funded commercial bank within the territory of China by the branch and business management department of the People's Bank of China or the central sub-branch of provincial capital cities in the provinces (autonomous region, and municipality directly under the Central Government).

Article 10

As for the deposit of US dollars or Hongkong dollars, the foreign exchange deposit reserve shall be deposited in pursuant to computation according to the original type of currency. The foreign exchange deposit of other types of currencies shall be deposited by converting them into dollars. The conversion rate between two of the various types of currencies shall be computed according to the Conversion Rate of Various Types of Currencies to Dollars as promulgated by the State Administration of Foreign Exchange every month.

Chapter III Checkup and Adjustment

Article 11

The People's Bank of China shall check the foreign exchange deposit reserve of financial institutions by month. The financial institutions shall transfer the reserve deposit into the account designated by the People's Bank of China before the 15th each month. From the 15th of the current month to the 14th of the next month the proportion of the balance of foreign exchange reserve deposit of any financial institution in the current month to that of the end of last month shall be not lower than the rate of foreign exchange deposit reserve without the approval of the People's Bank of China.

Article 12

The financial institution shall submit the collected deposit vouchers, monthly accounting statements and the balance of foreign exchange deposit at the end of the month to the People's Bank of China at the locality of its juridical person institution (or the branch of a foreign bank) before the 5th each month.

Article 13

The People's Bank of China shall be responsible for auditing on the relevant data submitted by any financial institution.

Article 14

The financial institution shall compute the foreign exchange deposit reserve that shall be deposited in the current month pursuant to the balance of foreign exchange deposit and the rate of foreign exchange deposit reserve at the end of last month. The formula for computation shall be as follows:

The balance of foreign exchange reserve deposit of the current month = the balance of the foreign exchange deposit at the end of last month¡Á the rate of foreign exchange deposit reserve

Article 15

Where the foreign exchange reserve deposit of any financial institution in the People's Bank of China is larger than the foreign exchange deposit reserve that it should deposit in the current month, the People's Bank of China shall transfer the extra capital into the account of the financial institution before the 15th of the current month.

Chapter IV Dissaving

Article 16

Where serious difficulties in payment occurs in any financial institution and it applies for using the foreign exchange deposit reserve, the financial institution shall report for the approval of the People's Bank of China or the branch or sub-branch authorized by the People's Bank of China.

Article 17

For any financial institution that may use the foreign exchange deposit reserve upon the approval of the People's Bank of China, the approved amount of foreign exchange deposit reserve that may be used shall be deducted from the foreign exchange deposit reserve it has deposited within the time limit of approval. And the formula for computation is as follows:

The balance of foreign exchange reserve deposit of the current month = the balance of the foreign exchange deposit at the end of last month ¡Á the rate of foreign exchange deposit reserve-the approved amount of foreign exchange deposit reserve that can be used

Article 18

The People's Bank of China shall manage the foreign exchange deposit reserve that can be used by a financial institution in a special account and assign a special person to take charge of it.

Article 19

The foreign exchange deposit reserve used by a financial institution shall be used according to provisions and shall not be appropriated.

Chapter V Legal Liability

Article 20

Where any Chinese-funded commercial bank fails to deposit the foreign exchange deposit reserve according to the proportion as prescribed by the People's Bank of China, it shall be subject to the punishment as prescribed in Article 77 of the Law of the People's Republic of China on Commercial Banks. Where it violates the provisions of Article 12 of the present Provisions, it shall be subject to the punishment as prescribed in Article 80 of the Law of the People's Republic of China on Commercial Banks. Where any Chinese-funded financial company fails to deliver the foreign exchange deposit reserve according to the proportion as prescribed by the People's Bank of China and violates the provisions of Article 12 of the present Provisions, it shall be subject to the punishment as prescribed in Article 46 of the Law of the People's Republic of China on the People's Bank of China. Where any foreign-funded financial institution fails to deliver the foreign exchange deposit reserve according to the proportion as prescribed by the People's Bank of China, it shall be subject to the punishment as prescribed in Article 45 of the Regulation of the People's Republic of China on the Management of Foreign-funded Financial Institutions. Where it violates Article 12 of the present Provisions, it shall be subject to the punishment as prescribed in Article 47 of the Regulation of the People's Republic of China on the Management of Foreign-funded Financial Institutions.

Any financial institution that has corrected the aforesaid illegal acts in time and on its own initiative shall be given a lighter punishment or under the mitigation of punishment below the minimum statutory prescript according to the provisions of Articles 5 and 27 of the Administrative Punishment Law of the People's Republic of China.

Article 21

Where the People's Bank of China has any of the following acts, the leader in charge directly responsible and the personnel directly liable shall be subject to the administrative punishment according to the relevant laws and regulations in light of their circumstances:

1.

Failing to take correction and punishment measures in time when discovering any act of any financial institution violating the regulations of the present Provisions;

2.

Embezzling the foreign exchange deposit reserve of any financial institution without permission;

3.

Approving any financial institution to use foreign exchange deposit reserve without permission by exceeding the purview of examination and approval; or

4.

Not well supervising the use of foreign exchange deposit reserve by any financial institution.

Chapter VI Supplementary Provisions

Article 22

The power to interpret and amend the present Provisions shall remain with the People's Bank of China.

Article 23

The present Provisions shall come into force as of January 1st, 2005. The Measures for the Management of Payment and Deposit of Deposit Reserve by Foreign-funded Financial Institutions promulgated by the People's Bank of China on May 40, 1996 and the Provisions on Foreign Exchange Deposit Reserve Management promulgated on December 1st, 1996 shall be repealed simultaneously.