Notice of the State Administration of Foreign Exchange and the National Tourism Administration on Printing and Distributing the Interim Measures for the Administration of Tourism Foreign Exchange

article 1 these interim measures are applicable to travel agencies, hotels, restaurants, travel companies, restaurants, tourist goods stores, places of entertainment and sightseeing, and other enterprises engaged in foreign-related tourism business. Article 2. Where the tourist enterprises engaged in receiving foreigners, overseas Chinese and compatriots from Hong Kong, Macao and Taiwan mentioned in Article 1 collect foreign exchange certificates and meet the following conditions after examination by the local foreign exchange administration, they shall be issued with a "Permit for Approving to Collect foreign exchange certificate" (hereinafter referred to as the "Permit"):

1. They must hold the relevant approval documents from the tourism and industrial and commercial administrative departments;

2. There must be a strict financial management system for foreign exchange certificates;

3. The income from foreign exchange certificates must account for a certain proportion or more of the operating income, and the specific proportion and amount shall be determined by the local foreign exchange administrations' business and tourism bureaus according to local conditions;

4. counters, floors or places for foreign exchange certificates must be set up; Article 3 Travel agencies engaged in the travel business of foreigners, overseas Chinese and compatriots from Hong Kong, Macao and Taiwan to China must collect foreign exchange from foreign travel agencies and foreign exchange certificates from tourists, and shall not collect RMB. Travel agencies receiving tourist groups in China must adhere to the principle of charging first and then receiving them, and must not default; Tourism foreign exchange shall not be withheld and stored abroad. For those who do not adhere to the principle of charging first and then receiving, resulting in long-term arrears of tourists who have left the country for 3 days and have not paid, or who intercept and deposit foreign exchange abroad, once they are found out, the State Administration of Foreign Exchange or its branches will recover the arrears or overseas deposits within a specified time. Article 4 When a travel agency pays a tourist's travel expenses to a unit holding a "permit" in China, it must use a foreign exchange certificate check or make a settlement through bank transfer; Payment of fees to domestic non-voucher-collecting units shall be made in RMB. Article 5 A travel agency shall apply to the foreign exchange administration department for the working capital of foreign exchange certificates needed for its international tourism business, and the foreign exchange administration department shall, in conjunction with the tourism administration department, regularly allocate it from the foreign exchange income that should be settled in the current year according to its operating income and expenditure. If the travel agency's operating income and expenditure changes greatly, the foreign exchange administration department will re-approve it with the tourism authorities.

the settlement of foreign exchange income of the first-class and second-class travel agencies at the central and local levels shall not be lower than the realized gross foreign exchange income, and within 15 days of the end of the quarter, the "Travel Agency's Operating Gross Profit and Quarterly Settlement Report" (see attached table) and a copy of the certificate with the bank signature to prove the settlement amount in the current quarter shall be submitted to the Administration of Foreign Exchange at the same level and the Tourism Bureau respectively for future reference. At the end of the year, the National Tourism Administration and the local tourism administration shall check the foreign exchange settlement according to the gross foreign exchange profit of the year-end final accounts submitted by the travel agency, and notify the foreign exchange administration at the same level of the inspection results. If the foreign exchange settlement does not reach the gross foreign exchange margin, the SAFE will deduct it from its foreign exchange certificate account and settle the foreign exchange. Article 6 Tourism enterprises other than travel agencies shall, with the approval of the local foreign exchange administration, establish two foreign exchange certificate deposit accounts in banks, namely "foreign exchange certificate income households" and "foreign exchange certificate expenditure households". The enterprise shall deposit the foreign exchange certificates with daily operating income in the "foreign exchange certificate income households" after keeping the quota of foreign exchange certificates approved by the local foreign exchange administration, and shall not spend it; Enterprises in the business to buy catering materials, cigarettes, wine, commodities and other foreign exchange, by the local administration of foreign exchange quarterly according to a certain proportion of the foreign exchange earning performance of "foreign exchange certificate income households" (hotels, restaurants according to 2% of the total foreign exchange earnings of enterprises approved, restaurants for 3%) appropriated its special funds, into the enterprise "foreign exchange certificate expenditure households". The remaining foreign exchange of "foreign exchange certificate income households" shall be settled monthly or quarterly and retained. Article 7 The repayment of loans for new construction, reconstruction and expansion of tourist hotels with international commercial loans shall be handled in accordance with the relevant provisions in the document No.11 "Notice of the State Council on Relevant Issues Concerning Self-built Tourist Hotels with International Commercial Loans". The use of foreign exchange income to repay domestic foreign exchange loans, after examination and approval by the State Administration of Foreign Exchange or its branches, may be handled in accordance with the relevant provisions in Document No.11 (1986) of the State Council. Article 8 The funds in the "foreign exchange certificate expenditure account" of a tourism enterprise can be used to purchase goods from units that are allowed to collect foreign exchange certificates, and settle accounts by using foreign exchange certificate cheques or through banks. It is not allowed to directly use foreign exchange certificate cash, and it is not allowed to be converted into foreign exchange and remitted to special economic zones, Hainan Province or overseas without the approval of the local foreign exchange administration. Article 9 Foreigners, overseas Chinese, compatriots from Hong Kong, Macao and Taiwan must pay for their accommodation in hotels and restaurants (including restaurants) with foreign exchange vouchers. If individual tourists pay in RMB, they should be charged a deposit in RMB. The proportion of the deposit shall be formulated by the local foreign exchange administration in conjunction with the Tourism Bureau and submitted to the State Administration of Foreign Exchange and the National Tourism Administration for the record respectively. The deposit received shall be kept in separate accounts and a receipt for the deposit shall be issued to the tourists. If the tourists pay the original foreign exchange certificate fee within 15 days, they can return their deposit, and if it expires, it will be converted into RMB business income of the hotel. Tenth it is forbidden for tourism enterprises and tour guides, escorts and other tourism professionals to take foreign exchange. Tourism management departments at all levels should establish a reporting system, and once it is found that there is arbitrage, the foreign exchange administration will punish it according to the seriousness of the case and the detailed rules for the implementation of penalties for violating foreign exchange administration. Article 11 The departments of civil aviation, railways, transportation, posts and telecommunications, etc. shall still handle the transportation and post and telecommunications expenses of tourists earning income in China one by one according to the current regulations, and then centrally handle the retention according to the system. Article 12 According to Article 22 of the Provisional Regulations on the Administration of Travel Agencies issued by Guo Fa (1985) No.7, party and government organs, organizations and non-tourism enterprises at all levels that "have not gone through the registration formalities with the approval of the competent department" shall not engage in tourism business in the name of booking, ordering food and booking air tickets for foreign guests in China at their own expense. In the future, such business shall be entrusted to travel agencies. The above-mentioned units that have been engaged in tourism reception business should be cleaned up and rectified, and all the foreign exchange they received should be settled and not retained.