“放管服”改革背景下个人外汇管理与便利化探讨

Discussion on Personal Foreign Exchange Management and Facilitation under the background of Reform

2007年,《个人外汇管理办法》(中国人民银行令[2006]第3号,以下简称《办法》)和《个人外汇管理办法实施细则》(汇发[2007]1号,以下简称《实施细则》)实施。随后,外汇局陆续发布了多项法规,针对性解决期间发生的新情况、新问题。10余年来,以《办法》和《实施细则》为核心的制度体系,以及以便利化额度为核心的管理模式为加强个人外汇管理,稳定涉外收支平衡发挥了重大作用。但随着时代发展和形势变化,个人外汇管理与便利化均出现了一些问题。便利化额度如同一把"双刃剑",既成了个人日益增长用汇需求的阻碍,又成了不法分子非法跨境转移资金的"保护伞"。在"放管服"改革背景下,如何推进个人外汇管理改革,既加强监管,又促进便利化,值得探讨。

In 2007, the ＂Measures for the Administration of Individual Foreign Exchange＂ （Order No. 3 of the People＇s Bank of China [2006], hereinafter referred to as the ＂Measures＂） and the ＂Detailed Rules for the Implementation of the Measures for the Administration of Individual Foreign Exchange＂ （Remittance and Issuance No. 1 [2007], hereinafter referred to as the ＂Implementation Rules＂） were implemented. Subsequently, the Bureau of Foreign Exchange issued a number of laws and regulations to address the new situation and problems occurred during the period. Over the past 10 years, the system centered on the Measures and the Detailed Rules for Implementation and the management model centered on facilitating quotas have played an important role in strengthening the management of individual foreign exchange and stabilizing the balance of payments concerning foreign affairs. However, with the development of the times and changes in the situation, there are some problems in personal foreign exchange management and facilitation. Facilitation quotas, like a ＂double-edged sword＂, have become both obstacles to the growing demand for foreign exchange by individuals and ＂umbrellas＂ for illegal cross-border transfer of funds. Under the background of the reform of ＂release uniform＂, it is worth discussing how to push forward the reform of individual foreign exchange management, which not only strengthens supervision, but also promotes convenience.