6月20日晚间,人民银行发布《关于支持外贸新业态跨境人民币结算的通知》(以下简称《通知》),支持银行和支付机构更好服务外贸新业态发展,《通知》自2022年7月21日起实施。
《通知》主要内容包括:一是加大对外贸新业态的支持力度,完善跨境电商等外贸新业态跨境人民币业务相关政策。二是将支付机构跨境业务办理范围由货物贸易、服务贸易拓宽至经常项下。三是明确银行、支付机构等相关业务主体展业和备案要求。四是明确业务真实性审核、反洗钱、反恐怖融资、反逃税以及数据报送等要求,压实银行与支付机构展业责任,防控业务风险。
人民银行表示,将稳步推进《通知》的落地实施,为外贸新业态市场主体提供良好的配套金融服务,切实发挥跨境人民币业务服务实体经济、推动外贸新业态高质量发展的积极作用,支持和引导外贸新业态新模式健康持续创新发展,助力稳定宏观经济大盘。
今年1月7日,为完善外贸新业态跨境人民币业务管理,支持银行和支付机构更好服务外贸新业态发展,中国人民银行起草了《关于支持外贸新业态跨境人民币结算的通知(征求意见稿)》。
中国人民银行上海总部,各分行、营业管理部,各省会(首府)城市中心支行,各副省级城市中心支行;国家开发银行,各政策性银行、国有商业银行,中国邮政储蓄银行,各股份制商业银行;中国银联、跨境清算公司、网联清算有限公司:
为贯彻落实《国务院办公厅关于加快发展外贸新业态新模式的意见》(国办发〔2021〕24号),进一步发挥跨境人民币结算业务服务实体经济、促进贸易投资便利化的作用,支持外贸新业态发展,现将有关事项通知如下:
一、在“了解你的客户”“了解你的业务”和“尽职审查”三原则的基础上,境内银行可与依法取得互联网支付业务许可的非银行支付机构(以下简称支付机构)、具有合法资质的清算机构合作,为市场交易主体及个人提供经常项下跨境人民币结算服务。
二、与支付机构合作的境内银行应具备3年以上开展跨境人民币结算业务的经验,满足备付金银行相关要求,具备审核支付机构跨境人民币结算业务真实性、合法性的能力,具备适应支付机构跨境人民币结算业务特点的反洗钱、反恐怖融资、反逃税系统处理能力。
四、境内银行在为支付机构办理跨境人民币结算业务时,应按本通知第三条规定评估支付机构展业能力,与支付机构签署跨境人民币结算业务协议,明确双方权利和义务,并于10个工作日内向所在地中国人民银行副省级城市中心支行以上分支机构(以下简称中国人民银行分支机构)备案。境内银行应每年对已备案支付机构展业能力进行评估并定期报送所在地中国人民银行分支机构。跨境人民币结算业务协议发生变更的,境内银行应于10个工作日内向所在地中国人民银行分支机构备案。对于经评估不满足本通知第三条相关要求的支付机构或跨境人民币结算业务协议终止的,境内银行应于10个工作日内向所在地中国人民银行分支机构报告并办理撤销备案。
五、开展本通知规定的跨境人民币结算业务应具有真实、合法的交易基础,且符合国家有关法律法规规定。境内银行与支付机构合作开展本通知规定的跨境人民币结算业务的,双方应协商建立业务真实性审核机制,共同做好业务背景真实性、合法性审核,不得以任何形式为非法交易提供跨境人民币结算服务。
(四)支付机构应制定交易信息采集及验证制度,对于违规风险较高的交易,支付机构应要求市场交易主体提供相关单证材料;不能确认交易真实合法的,应拒绝办理相关跨境人民币结算业务。
(五)与支付机构合作的境内银行发现异常情况的,应及时采取相应措施,包括但不限于要求支付机构及交易相关方就可疑交易提供真实合法的单证材料;确认发生异常情况的,境内银行应于5个工作日内向所在地中国人民银行分支机构报告。境内银行对支付机构违规业务依法承担连带责任。
七、境内银行应按照人民币跨境收付信息管理系统(RCPMIS)信息报送相关要求,及时、准确、完整地报送跨境收付数据,轧差净额结算应还原为收款和付款信息报送。境内银行、支付机构应妥善保存集中收付或轧差净额结算前境内实际收付款机构或个人的逐笔原始收付款数据备查。
九、支持境内银行和支付机构提升服务能力,加大对外贸新业态跨境人民币结算业务的支持力度,丰富外贸新业态跨境人民币结算业务配套产品,降低市场交易主体业务办理成本。
十、本通知自2022年7月21日起施行。《中国人民银行关于贯彻落实〈国务院办公厅关于支持外贸稳定增长的若干意见〉的指导意见》(银发〔2014〕168号)第七条等规定与本通知不一致的,以本通知为准。
On the evening of June 20, the People's Bank of China issued the "Notice on Supporting New Formats of Foreign Trade Cross-border RMB Settlement" (hereinafter referred to as the "Notice") to support banks and payment institutions to better serve the development of new foreign trade formats. It will be implemented from the 21st of the month.
The main contents of the "Notice" include: First, increase support for new forms of foreign trade, and improve policies related to cross-border RMB business in new forms of foreign trade such as cross-border e-commerce. The second is to expand the scope of cross-border business of payment institutions from trade in goods and trade in services to the current account. The third is to clarify the business development and filing requirements of relevant business entities such as banks and payment institutions. The fourth is to clarify the requirements for business authenticity review, anti-money laundering, anti-terrorist financing, anti-tax evasion, and data reporting, consolidate the business development responsibilities of banks and payment institutions, and prevent and control business risks.
The People's Bank of China stated that it will steadily promote the implementation of the "Notice", provide good supporting financial services for market players of new foreign trade formats, and effectively play the positive role of cross-border RMB business in serving the real economy and promoting the high-quality development of new foreign trade formats. Guide the healthy and sustainable innovation and development of new business forms and models of foreign trade, and help stabilize the macroeconomic market.
On January 7 this year, in order to improve the management of cross-border RMB business in new forms of foreign trade, and to support banks and payment institutions to better serve the development of new forms of foreign trade, the People's Bank of China drafted the "Notice on Supporting Cross-border RMB Settlement in New Forms of Foreign Trade (Comments for Comments)" draft)".
↓ ↓ The following is the full text of the policy ↓ ↓
Notice on Supporting Cross-border Renminbi Settlement in New Formats of Foreign Trade
The Shanghai Headquarters of the People's Bank of China, all branches and business management departments, all central sub-branches in provincial capital (capital) cities, and all central sub-branches in sub-provincial cities; China Development Bank, various policy banks, state-owned commercial banks, Postal Savings Bank of China, all joint-stock companies Commercial Banks; China UnionPay, Cross-border Clearing Company, and Netlink Clearing Co., Ltd.:
In order to implement the "Opinions of the General Office of the State Council on Accelerating the Development of New Formats and New Models of Foreign Trade" (Guo Ban Fa [2021] No. 24), further play the role of cross-border RMB settlement business in serving the real economy, promoting trade and investment facilitation, and supporting foreign trade For the development of new business formats, the relevant matters are hereby notified as follows:
I. On the basis of the three principles of "know your customer", "know your business" and "due diligence", domestic banks may cooperate with non-bank payment institutions (hereinafter referred to as payment institutions) that have legally obtained the Internet payment business license (hereinafter referred to as payment institutions), legal Cooperate with qualified clearing institutions to provide market transaction entities and individuals with cross-border RMB settlement services under the current account.
The term “market transaction entities” as mentioned in this Notice refers to operators of new foreign trade formats such as cross-border e-commerce, market procurement trade, overseas warehouses, and foreign trade comprehensive service enterprises, and consumers who purchase goods or services.
2. Domestic banks cooperating with payment institutions should have more than 3 years of experience in conducting cross-border RMB settlement business, meet the relevant requirements of reserve banks, have the ability to review the authenticity and legality of payment institutions’ cross-border RMB settlement business, and have the ability to adapt to The anti-money laundering, anti-terrorist financing, and anti-tax evasion system processing capabilities of payment institutions' cross-border RMB settlement business characteristics.
3. Payment institutions participating in the provision of cross-border RMB settlement services specified in this notice shall meet the following conditions:
(1) Register in China and obtain an Internet payment business license according to law.
(2) It has real cross-border business needs to use RMB for cross-border settlement.
(3) It has a sound internal control system and full-time personnel related to cross-border business, and can effectively collect merchant information and access management, collect transaction information, and review the authenticity and legality of cross-border business in accordance with the requirements of this notice and relevant regulations.
(4) It has specific anti-money laundering, anti-terrorist financing, anti-tax evasion and other specific systems and measures related to cross-border RMB settlement services; and has efficient anti-money laundering, anti-terrorist financing, and anti-tax evasion system processing and docking capabilities for cross-border RMB settlement services.
(5) Comply with relevant national laws and regulations, operate in compliance with regulations, have strong risk control capabilities, and have no serious violations in the past two years.
4. When handling cross-border RMB settlement business for payment institutions, domestic banks shall evaluate the business development capabilities of payment institutions in accordance with Article 3 of this notice, and sign cross-border RMB settlement business agreements with payment institutions, clarifying the rights and obligations of both parties, and on October 10 Within 1 working day, it will be filed with the branch of the People's Bank of China at or above the central sub-branch in the sub-provincial city of the People's Bank of China (hereinafter referred to as the branch of the People's Bank of China). Domestic banks shall evaluate the business development capabilities of the registered payment institutions every year and regularly report to the local branch of the People's Bank of China. If the cross-border RMB settlement business agreement is changed, the domestic bank shall file with the local People's Bank of China branch within 10 working days. For payment institutions or cross-border RMB settlement business agreements that have been assessed and do not meet the relevant requirements of Article 3 of this notice, the domestic bank shall report to the local branch of the People's Bank of China within 10 working days and handle the cancellation filing.
V. The cross-border RMB settlement business stipulated in this Circular shall have a real and legal transaction basis and comply with the relevant national laws and regulations. If a domestic bank and a payment institution cooperate to carry out the cross-border RMB settlement business stipulated in this Notice, the two parties shall negotiate to establish a business authenticity review mechanism, and jointly conduct a review of the authenticity and legality of the business background, and shall not provide cross-border transactions for illegal transactions in any form. RMB settlement service.
(1) Domestic banks and payment institutions shall strengthen the management of market transaction entities, collect basic information of market transaction entities in accordance with the law, verify and update them regularly, and establish a negative list of market transaction entities.
(2) Domestic banks and payment institutions shall reasonably determine the single transaction limit for various types of cross-border RMB settlement business based on the types of market transaction entities and transaction characteristics.
(3) Domestic banks and payment institutions shall establish and improve the system of in-process review and post-event random inspection of cross-border RMB settlement business, strengthen the monitoring of abnormal transactions such as large-value transactions, suspicious transactions, and high-frequency transactions, and retain relevant information for at least 5 years for future reference.
(4) Payment institutions should formulate transaction information collection and verification systems. For transactions with high risk of violations, payment institutions should require market transaction entities to provide relevant documents and materials; if the transaction cannot be confirmed to be true and legal, they should refuse to handle relevant cross-border RMB settlements. business.
(5) If a domestic bank cooperating with a payment institution finds an abnormal situation, it shall take corresponding measures in a timely manner, including but not limited to requiring the payment institution and transaction related parties to provide true and legal documents for suspicious transactions; The bank shall report to the local branch of the People's Bank of China within 5 working days. Domestic banks shall be jointly and severally liable for the illegal business of payment institutions in accordance with the law.
Where domestic banks directly provide market transaction entities with cross-border RMB settlement services stipulated in this Circular, refer to this Circular for handling.
6. When providing cross-border RMB settlement services, domestic banks and payment institutions shall fulfill their obligations of anti-money laundering, anti-terrorist financing, and anti-tax evasion in accordance with the law, and abide by relevant regulations on cracking down on cross-border gambling, telecommunication network fraud, and illegally engaging in payment institution business.
7. Domestic banks shall submit cross-border receipt and payment data in a timely, accurate and complete manner in accordance with the relevant requirements for information reporting of the RMB Cross-border Receipt and Payment Information Management System (RCPMIS), and the netting settlement shall be restored to the receipt and payment information Submit. Domestic banks and payment institutions shall properly keep the original collection and payment data of domestic actual collection and payment institutions or individuals before centralized collection and payment or netting settlement for future reference.
8. The People's Bank of China and its branches may conduct off-site monitoring of the cross-border RMB settlement business of new foreign trade formats carried out by domestic banks and payment institutions in accordance with the law, and domestic banks and payment institutions shall cooperate.
9. Support domestic banks and payment institutions to improve their service capabilities, increase support for cross-border RMB settlement business in new foreign trade formats, enrich supporting products for cross-border RMB settlement business in new foreign trade formats, and reduce business transaction costs for market transaction entities.
10. This notice shall come into force on July 21, 2022. In case of any inconsistency between Article 7 and other provisions of the "Guiding Opinions of the People's Bank of China on Implementing Several Opinions of the General Office of the State Council on Supporting the Stable Growth of Foreign Trade" (Yin Fa [2014] No. 168), this Circular shall prevail.
People's Bank of China
June 16, 2022
Source: People's Bank of China website