1. What crime is suspected of operating illegal foreign exchange?
Illegal operating foreign exchange is suspected of illegal business The crime shall be punished as the crime of illegal business operation.
2. Legal provisions on illegal foreign exchange operations
"Criminal Law" :
Article 225
[Illegal business crime] Violation of national regulations, with Anyone who disrupts market order by one of the following illegal business activities, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years or criminal detention , and shall be fined not less than one time but not more than five times the illegal income, or property shall be confiscated:
(1) Unauthorized operation of franchised or specialty items stipulated in laws or administrative regulations, or Other restricted items;
(2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approvals stipulated in laws and administrative regulations Document;
(3) Other illegal business activities that seriously disrupt market order.
Notice of the Supreme People's Procuratorate and the Ministry of Public Security on the issuance of the "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)":
Article 79
[Penalty standards for illegal business cases]
Anyone who violates national regulations, conducts illegal business activities, disrupts market order, and is suspected of any of the following circumstances shall be prosecuted:Illegal foreign exchange operations, under the following circumstancesOne of the following:
1. Buying and selling foreign exchange outside designated foreign exchange banks and China Foreign Exchange Trading Center and its branches, with an amount exceeding US$200,000, or violating the law The amount of income is more than 50,000 yuan;
3. The amount of foreign exchange fraudulently purchased by an intermediary is more than 1 million US dollars or the amount of illegal income is more than 100,000 yuan. .
Engaging in other illegal business activities and falling into any of the following circumstances:
1. Illegal personal business The amount is more than 50,000 yuan, or the illegal income is more than 10,000 yuan;
2. The unit’s illegal business amount is more than 500,000 yuan, or the illegal income is more than 500,000 yuan, or the illegal income is more than 10,000 yuan; The amount is more than 100,000 yuan;
3. Although it does not reach the above-mentioned amount standards, it has been subject to two or more administrative penalties for the same illegal business behavior within two years, and Carrying out the same kind of illegal business activities;
"Interpretation of the Supreme People's Court on 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"
In order to punish the criminal acts of fraudulent purchase of foreign exchange and illegal purchase and sale of foreign exchange in accordance with the law, in accordance with the relevant provisions of the Criminal Law, several issues concerning the specific application of law in the trial of cases of fraudulent purchase of foreign exchange and illegal purchase and sale of foreign exchange are hereby issued. The explanation is as follows:
Article 1: For the purpose of carrying out smuggling, foreign exchange evasion, money laundering, tax fraud and other criminal activities, the use of false or invalid vouchers, commercial documents or other measures Anyone who fraudulently purchases foreign exchange from a designated foreign exchange bank by other means shall be convicted and punished in accordance with Section 2 of Chapter 3 of the Criminal Law, Articles 190, 191, and 204.
If a non-state-owned company, enterprise or other unit colludes with a state-owned company, enterprise or other state-owned unit to evade foreign exchange, it shall be punished as an accomplice 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 as mentioned above If evidence is provided, he 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 Criminal Law secondThe penalties for conviction under Article 125, Item (3):
(1) Illegal purchase and sale of foreign exchange exceeding US$200,000;
(2) 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 vouchers or commercial documents , whoever fraudulently purchases foreign exchange from a designated foreign exchange bank for others, and the amount is more than five million US dollars or the illegal income is more than 500,000 yuan, 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, Item (3) of the Criminal Law stipulates conviction and punishment.
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 using forged or altered vouchers and commercial documents constitutes a crime, he will 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 used to fraudulently purchase foreign exchange or illegally purchase foreign exchange. The funds used for buying and selling foreign exchange shall be confiscated and turned over to the state treasury.
Article 8 Anyone who fraudulently purchases or illegally buys or sells foreign exchange of different currencies shall be punished in accordance with this interpretation after converting it with the unified conversion rate established by the national foreign exchange administration authority at the time of the incident. .
Anyone suspected of operating foreign exchange illegally under any of the following circumstances shall be prosecuted:
(1) The amount of foreign exchange purchased and sold outside designated foreign exchange banks and the China Foreign Exchange Trading Center and its branches exceeds US$200,000, or the amount of illegal income exceeds RMB 50,000;
(2) 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 from a designated foreign exchange bank for others, exceeding 5 million. More than US dollars, or the amount of illegal income is more than 500,000 yuan;
(3) The amount of fraudulent foreign exchange purchases through intermediaries is more than 1 million US dollars or the amount of illegal gains is more than 100,000 yuan.Foreign exchange is a payment certificate expressed in foreign currency for international financial settlement. The International Monetary Fund’s explanation of foreign exchange is: Foreign exchange is held by monetary administrative authorities (central banks, monetary institutions, foreign exchange stabilization funds and the Ministry of Finance) in the form of bank deposits, Treasury bills, long-term and short-term government securities, etc. Claims that can be used when the balance of payments is in deficit. Including: foreign currency, foreign currency deposits, foreign currency securities (government bonds, treasury bills, corporate bonds, stocks, etc.), foreign currency payment certificates (bills, bank deposit certificates, postal savings certificates, etc.)
The above is the detailed introduction of the editor of Legal Savior Network on how to dig deep into the relevant knowledge of suspected illegal foreign exchange operations. We know that illegal foreign exchange operations will be held accountable accordingly. If you are still in this regard, If you have any other related questions, you are welcome to consult the relevant consultants at the Legal Savior Network at any time. So finally I wish you all a happy life.
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