In order to facilitate settlement and sales of foreign exchange by banks and based on the Administrative Measures for Foreign Exchange Settlement and Sales by Banks (People’s Bank of China DecreeNo. 2 [2014], hereafter referred to as the “Measures”), the State Administration of Foreign Exchange recently issued a Circular on Printing and Distributing the Detailed Rules for the Implementation of the Administrative Measures for Foreign Exchange Settlement and Sales by Banks (Huifa No. 53 [2014], hereafter referred to as the “Rules”).

In order to carry out the reform agenda regardingstreamlining administration and delegating power to lower levels, these Rules integrate the regulations on market entry for foreign exchange settlement and sales by banks, administration of spot foreign exchange settlement and sales, management of RMB and foreign exchange derivatives and the comprehensive position of foreign exchange settlement and sales by banks, and make adjustments to some of their content. The highlights are as follows: First, management of market entry for foreign exchange settlement and sales and RMB/foreign exchange derivatives transactions will be integrated, and the filing procedures for foreign exchange settlement and sales by banks will be simplified. Second, the requirement of unified service marksfor RMB and foreign currency conversions for individuals is abolished and substituted by the provision that banks conducting foreign exchange settlement and sales to individuals shall put the service mark in a conspicuous position. Third, daily examinations of the comprehensive position of foreign exchange settlement and sales will be substituted by a weekly examination, while the policy that links the comprehensive position of foreign exchange settlement and sales with the foreign exchange loan-to deposit ratio is abolished. Fourth, the approval authority forRMB and foreign currency conversion of the equity capital (working capital) of banks will be delegated to lower levelsandthe approvals for the foreign exchange settlement and sales by banks on behalf of their debtors will be cancelled. Last, the principles of “understanding your transactions, knowing your customers, and performing due diligence” are specified for foreign exchange settlement and sales.

The Rules will come into effectas of January 1, 2015.