1. Standards for prosecution of illegal foreign exchange transactions
Standards for prosecution of illegal foreign exchange transactions, The relevant regulations are as follows:
Violating national regulations, conducting illegal business activities, disrupting market order, and being suspected of the following circumstances Any one of the following shall be filed for prosecution:Illegal foreign exchange operation and any of the following circumstances:
1. Buying and selling foreign exchange outside designated foreign exchange banks and the China Foreign Exchange Trading Center and its branches, with an amount exceeding 200,000 U.S. dollars, or illegal gains exceeding 50,000 yuan;
3. The amount of foreign exchange purchased through intermediaries is more than one million US dollars or the amount of illegal gains is more than 100,000 yuan.
Engaging in other illegal business activities and meeting any of the following circumstances:
1. Individual The illegal business amount is more than 50,000 yuan, or the illegal income amount is more than 10,000 yuan;
2. The unit’s illegal business amount is more than 500,000 yuan, Or the amount of illegal income is more than 100,000 yuan;
3. Although it does not reach the above amount standard, it has been punished more than twice for the same illegal business behavior within two years. Administrative penalties and the same type of illegal business activities;
"The Supreme People's Court's Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Fraudulent Purchase of Foreign Exchange and Illegal Purchase and Sale of Foreign Exchange" Interpretation》
In order to punish the criminal acts of fraudulent purchase of foreign exchange and illegal trading of foreign exchange in accordance with the law, in accordance with the relevant provisions of the Criminal Law, the trial is herebySeveral issues concerning the specific application of laws in handling cases of fraudulent purchase of foreign exchange and illegal trading of foreign exchange are explained as follows:
Article 1 deals with smuggling, foreign exchange evasion, money laundering, tax fraud, etc. Anyone who uses false or invalid vouchers, commercial documents or other means to fraudulently purchase foreign exchange from a designated foreign exchange bank for the purpose of criminal activities shall be punished in accordance with Chapter 3, Section 2, Article 190, and Article 100 of the Criminal Law respectively. Articles 91 and 204 provide for conviction and punishment.
Non-state-owned companies, enterprises or other units that collude with state-owned companies, enterprises or other state-owned units to evade foreign exchange shall be punished as accomplices in the crime of foreign exchange evasion.
Article 2: Forge, alter, buy or sell customs declaration forms, import certificates, approval documents from foreign exchange administration agencies and other documents issued by the customs or purchase forged or altered documents Those who provide the above evidence shall be convicted and punished in accordance with the provisions of paragraph 1 of Article 280 of the Criminal Law.
Article 3. Anyone who buys or sells foreign exchange outside designated foreign exchange banks and the China Foreign Exchange Trading Center and its sub-centers, disrupts the order of the financial market, and falls under any of the following circumstances shall be punished in accordance with The penalty for conviction under Article 225, Item (3) of the Criminal Law:
Illegal purchase or sale of foreign exchange exceeding US$200,000;
Illegal income exceeding RMB 50,000.Article 4: Companies, enterprises or other units violate the regulations on foreign trade agency business, use illegal means, or knowingly forge or alter certificates, commercial If a person fraudulently purchases foreign exchange from a designated foreign exchange bank for another person, and the amount exceeds US$5 million or the illegal income exceeds RMB 500,000, he shall be convicted and punished in accordance with the provisions of Article 225 (3) of the Criminal Law.
Whoever introduces an intermediary to fraudulently purchase foreign exchange of more than one million U.S. dollars or illegally obtains more than 100,000 yuan shall be punished in accordance with Article 225 (3) of the Criminal Law Conviction and punishment according to the provisions of this item.
Article 5: Staff members of customs, banks, and foreign exchange management agencies conspire with perpetrators of fraudulent purchases of foreign exchange, provide them with relevant vouchers for purchasing foreign exchange, or knowingly If the sale of foreign exchange is based on forged or altered vouchers and commercial documents, which constitutes a crime, he shall be severely punished in accordance with the relevant provisions of the criminal law.
Article 6 Whoever commits the acts specified in this interpretation and commits two or more crimes at the same time shall be severely punished by choosing one of the felonies.
Article 7 According to Article 64 of the Criminal Law, those who fraudulently purchase foreign exchange or illegally trade foreign exchange shall have their illegal gains recovered, and the funds used to fraudulently purchase foreign exchange or illegally trade foreign exchange shall be confiscated and turned over. The national treasury.
Article 8 For those who fraudulently purchase or illegally buy or sell foreign exchange of different currencies, the unified conversion rate established by the national foreign exchange administration authority at the time of the incident shall be converted into This interpretation imposes penalties.
Anyone who illegally operates foreign exchange and is suspected of one of the following circumstances shall be prosecuted:
;">Buying and selling foreign exchange outside designated foreign exchange banks and the China Foreign Exchange Trading Center and its branches, with an amount exceeding US$200,000, or illegal gains exceeding RMB 50,000;
A company, enterprise or other unit violates the relevant foreign trade agency business regulations, uses illegal means, or knowingly forges or alters vouchers or commercial documents to fraudulently purchase foreign exchange amounts from designated foreign exchange banks for others, within 500 More than 10,000 U.S. dollars, or the amount of illegal gains is more than 500,000 yuan;
The amount of fraudulent purchases of foreign exchange introduced by the intermediary is more than 1 million U.S. dollars, or the amount of illegal gains is more than 1 million U.S. dollars. More than 100,000 yuan.
2. What are the crimes involved in illegal foreign exchange operations
Illegal foreign exchange operations are suspected of illegal business operations and shall be punished as illegal business operations. According to Article 225 of the "Criminal Law of the People's Republic of China", the crime of illegal business operations refers to the following illegal operations in violation of national regulations One of the crimes. (1) Operating franchises, monopoly items or other items restricted from sale and purchase stipulated in laws and administrative regulations without permission.
The above is The editor of the Legal Savior Network answered the legal question of "Pursuit Standards for Illegal Foreign Exchange Trading". According to this, it can be seen that illegal foreign exchange operations will be held accountable accordingly. If you have other questions about the buying and selling of foreign exchange, welcome to Legal The Savior Network provides legal consultation, and the professional lawyers on the Legal Savior Network will provide you with online answers.
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