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为了规范外汇执法行为,促进依法行政,日前,国家外汇管理局发布《国家外汇管理局执法证管理办法》(以下简称《办法》),加强外汇管理人员执法证件管理。这是继完善行政复议和行政处罚听证制度后,从执法人员身份资格入手,规范执法行为的又一措施。根据《办法》,外汇局行政执法人员依法进行现场检查、调查、核查或者进行当场处罚等行政执法公务时,必须出示表明其法定职权、资格的书面证明。这将有助于减少外汇行政执法的随意性,规范行政执法工作以及外汇检查和国际收支申报核查工作。同时,《办法》对执法人员资格审核设定了职业道德、专业知识等综合条件,也有利于保证执法队伍的高素质和稳定性。
In order to regulate foreign exchange law enforcement activities and promote administration according to law, the SAFE recently issued the “Administrative Measures on the Administration of Enforcement Certificates by the State Administration of Foreign Exchange (hereinafter referred to as the” Measures “), and strengthened the administration of license certificates by foreign exchange administration personnel. This is yet another measure to standardize the law enforcement activities following the improvement of the administrative reconsideration and administrative punishment hearing system, starting with the qualification of law enforcement officials. According to the Measures, administrative law enforcement personnel of foreign exchange bureaus must present written evidence of their legal authority and qualification when conducting on-site inspection, investigation, verification or conducting administrative punishments on the spot according to law. This will help to reduce arbitrariness in administrative enforcement of foreign exchange and standardize administration and enforcement of law as well as verification of foreign exchange inspection and declaration of balance of payments. At the same time, the ”Measures" set comprehensive conditions of professional ethics, professional knowledge and other conditions for the qualification examination of law enforcement officers, and are also conducive to ensuring the high quality and stability of the law enforcement ranks.