B · Normal
[The Supreme People's Procuratorate and the State Administration of Foreign Exchange jointly issued work guidelines to clarify the rules for the reverse connection of executions in the foreign exchange field] On September 29, the Supreme People's Procuratorate and the State Administration of Foreign Exchange recently jointly issued the "Work Guidelines for the reverse connection of executions in the foreign exchange field" to further improve the working mechanism for the reverse connection between foreign exchange administrative law enforcement and criminal justice, punish illegal and criminal acts in the foreign exchange field in accordance with the law, and maintain the order of the national foreign exchange market and economic and financial security. The "Guidelines" have 18 articles in total, covering the entire process of reverse connection of executions in the foreign exchange field, focusing on standardizing issues of practical concern such as transfer conditions, jurisdictional connection, evidence transfer and transformation, case handling and feedback, and the establishment of long-term mechanisms. In terms of transfer conditions, the "Guidelines" clarify that when the People's Procuratorate transfers reverse connection cases to the foreign exchange management department, in principle, it should meet the conditions that the foreign exchange management department has jurisdiction, the person not prosecuted is qualified, there is evidence to prove that the person not prosecuted has committed foreign exchange violations, administrative penalties should be imposed in accordance with relevant laws and regulations on foreign exchange management, the administrative penalty statute of limitations has not expired, and the person not prosecuted has not been administratively punished by the foreign exchange management department for the same illegal act. In view of the cross-regional, cross-level and other jurisdictional difficulties encountered in previous reverse connection cases, the "Guidelines" clarify the rules for handling jurisdictional disputes, the case transfer procedures, especially the procedural operations on how to determine the jurisdiction of the case. In terms of the use of evidence, the "Guidelines" stipulate that physical evidence, documentary evidence, audio-visual materials, electronic data and other evidence materials collected in accordance with the law during the handling of criminal cases can be used by the foreign exchange management department as evidence in administrative penalty cases. For verbal evidence collected in accordance with the law during the handling of criminal cases, the foreign exchange management department may comprehensively analyze and determine whether to use it as evidence in combination with other evidence. The "Guidelines" further improve the case handling methods and result feedback mechanism, stipulating that the foreign exchange management department makes handling decisions in accordance with the law and provide written feedback to the procuratorial organs; it promotes the establishment of a normalized cooperation mechanism between the two parties to strengthen information sharing, consultation and judgment, and business exchanges, and gather joint efforts to deal with illegal activities in the foreign exchange field. The person in charge of the Administrative Procuratorate of the Supreme People's Procuratorate said that the procuratorial organs will continue to focus on key areas such as illegal trading of foreign exchange, evasion of foreign exchange, and fraudulent purchases of foreign exchange. They will strictly control the "punishability" of non-prosecution cases, promptly propose procuratorial opinions and transfer cases in accordance with the law. The foreign exchange management department shall deal with the matter in a comprehensive and timely manner in accordance with the law, and shall promptly feedback the results to the procuratorial organs. The two sides will inform each other about the transfer and investigation of reverse execution case cases, study and solve problems encountered in the work, and strengthen daily communication.
Big news about RMB 🕐 2026-09-29 10:51

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