In order to implement the relevant requirements of the Central government on accelerating the construction of a law-based government and further promoting law-based administration, the State Administration of Foreign Exchange has recently issuedMeasures of the State Administration of Foreign Exchange on Administrative Penalties(Announcement of the State Administration of Foreign Exchange〔2020〕第1号，Hereinafter referred to as the "Punishment Measures"),Standardize the procedures of administrative punishment for foreign exchange administration departments,One step furtherProtect the lawful rights and interests of citizens, legal persons and other organizations。
Measures for Punishment consists of eight chapters83Article, the focus includes the following three aspects:
One is the norm外汇Administrative punishment work procedure。In accordance with the Law of the People's Republic of China on Administrative Penalties and other laws and regulations, and combined with the law enforcement practice of foreign exchange administration departments, the implementation procedures of administrative penalties are detailed from case jurisdiction, filing, investigation and evidence collection to hearing, penalty decision, service and execution, etc.Ensure the legality of law enforcementNorm and order。
二是强化对Power of administrative punishment的约束And supervisor。Implement the relevant requirements of The State Council,We will standardize collective deliberation of cases, legal review of major law enforcement decisions, and records of law enforcement processes程序，Strengthen supervision of law enforcement。
Third, full safeguardspartyLegality of权益。规定Before the decision of administrative punishment, the notification procedure should be performed to inform the parties of their statement and defense rights;Detailed hearing procedures, clear公民、法人和The hearing standards of other organizations, for meeting the hearing circumstances, inform the parties that they have the right to a hearing;Make it clear that the penalty shall not be increased because of the parties' defense;If a party refuses to accept the decision on administrative punishment, it may apply for administrative reconsideration according to law; if it still refuses to accept the decision on administrative reconsideration, it may bring a lawsuit in a people's court according to law等。
"Punishment Measures" from2020年10月1With immediate effect。（完）