TREE NEWS update: China’s Supreme People’s Procuratorate and the State Administration of Foreign Exchange jointly issued a working guideline on the reverse linkage between administrative enforcement and criminal justice in the foreign exchange sector. The 18-article guideline covers the full process, setting rules on referral conditions, jurisdictional coordination, evidence transfer and conversion, case handling and feedback, and long-term mechanisms, with the aim of punishing FX-related offences and safeguarding market order and financial security.
China’s Top Procuratorate, FX Regulator Issue 18-Article Guidance on FX Enforcement-Criminal Case Handover
The joint involvement of the procuratorate and the FX regulator signals that cross-border currency flows are being treated as a criminal-justice matter, not just a compliance one. The emphasis on evidence transfer and conversion matters because it determines how administrative findings become usable in prosecutions, which raises the practical stakes for any entity moving money across borders. Whether this guideline produces more referrals or simply standardises existing practice is the open question to watch.
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