Safe Circular 16 - Latest reform on the foreign exchange settlement under capital accounts

中国 - 13 / 07 / 2016

中国商事法律评论 2-2016

Aiming at nationwide reforming and unifying the current foreign exchange settlement policies under the capital accounts, on June 15, 2016, the State Administration of Foreign Exchange (“SAFE”) launches Circular on Reforming and Regulating Policies on the Administration over Foreign Exchange Settlement under Capital Accounts (Huifa [2016] No.16) (in Chinese, “国家外汇管理局关于改革和规范资本项目结汇管理政策的通知”) (“Circular 16”) on its official website.

Circular 16 shall take effect on June 9, 2016 and the key features are highlighted as follows:

1. Nationwide Adoption of “At Will” Approach (in Chinese, “意愿结汇 ”) for the Settlement of Foreign Debts
2. Unified Policy on “At Will” Approach for Foreign Exchange Settlement under Capital Accounts
3. Negative List for Usage of Foreign Exchange under Capital Accounts and the RMB Funds Settled Therefrom