Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Cheating and Illegal Trading in Foreign Exchange.
Article 1 The purpose is smuggling, evasion of foreign exchange, money laundering, tax fraud and other criminal activities. Whoever uses false or invalid vouchers, commercial documents or other means to defraud foreign exchange from designated foreign exchange banks shall be convicted and punished respectively in accordance with the provisions of Articles 191 and 204 of Section 2 of Chapter III of the Specific Provisions of the Criminal Law. 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 the crime of evading foreign exchange.
Article 2 Whoever forges, alters or buys or sells customs declarations, import certificates, approval documents of foreign exchange management agencies, etc. Or buying forged or altered above-mentioned certificates, shall be convicted and punished in accordance with the provisions of the first paragraph of Article 280 of the Criminal Law.
Article 3 Whoever buys or sells foreign exchange outside the designated foreign exchange banks, China Foreign Exchange Trading Center and its sub-centers and disrupts the order of the financial market shall be convicted and punished in accordance with the provisions of Item (3) of Article 225 of the Criminal Law: (1) illegally buying or selling foreign exchange of more than US$ 200,000; (two) the illegal income of more than fifty thousand yuan.
Article 1 of the Criminal Law of People's Republic of China (PRC) uses false and invalid vouchers, commercial documents or other means to defraud foreign exchange from designated foreign exchange banks for the purpose of committing criminal activities such as smuggling, evasion of foreign exchange, money laundering and tax fraud, and shall be convicted and punished in accordance with the provisions of Section 2 of Chapter III, Articles 190, 191 and 204 of the Specific Provisions of the Criminal Law respectively. 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 the crime of evading foreign exchange. Article 2 Whoever forges, alters or buys or sells customs declarations, import certificates, approval documents of foreign exchange management agencies, etc. Or buying forged or altered above-mentioned certificates, shall be convicted and punished in accordance with the provisions of the first paragraph of Article 280 of the Criminal Law. Article 3 Whoever buys or sells foreign exchange outside the designated foreign exchange banks, China Foreign Exchange Trading Center and its sub-centers and disrupts the order of the financial market shall be convicted and punished in accordance with the provisions of Item (3) of Article 225 of the Criminal Law: (1) illegally buying or selling foreign exchange of more than US$ 200,000; (two) the illegal income of more than fifty thousand yuan.