首页 信用证 贸易术语 | 合同 货运货代 外贸单证 | 利用外资 涉外工程 | 法律法规 外贸律师
反诈骗 风险防范 案例文章 | 融资 海事海商 知识产权 | 境外投资 WTO | 诉讼仲裁 法律咨询
站内搜索
热词:诈骗罪 信用证 UCP 电子提单 托付 汇付 FOB 风险防范 WTO 国际贸易
 您现在的位置: 国际贸易法律网 >> 境外投资 >> 境外投资常用法律法规 >> 正文
境外投资外汇管理办法英文版
信息来源:国际贸易法律网 发布时间:2012-5-8 15:12:20 阅读次数:次 我要评论
分享到:

境外投资外汇管理办法英文版

Approved by the State Council of the People's Republic of China on February 5 1989 and promulgated by the State Administration of Foreign Exchange Control on March 6 1989

颁布日期:19890306  实施日期:19890306  颁布单位:外汇管理局

 

  Article 1 These Procedures are formulated for the purpose of promoting economic and technological co-operation with foreign countries strengthening the administration of the foreign exchange involved in investment abroad and facilitating the achievement of a balance of international payments.

 

  Article 2 The terms investment abroad referred to in these Procedures means the establishment of various kinds of enterprises abroad or the purchase of and holding shares abroad hereinafter collectively referred to as Chinese-invested enterprises abroad”) by corporations enterprises and other economic organizations registered inside China not including enterprises with foreign investment to engage in production and business activities. Matters related to the foreign exchange involved in investment abroad shall be governed by these Procedures.

 

  Article 3 Corporations enterprises or other economic organizations that intend to make investment abroad shall prior to going through the procedures of application examination and approval of investment abroad with the competent State authorities provide the department for control of foreign exchange with the information on the administration exercised by the countries or regions where their investment is to be over the foreign exchange involved in investigated by foreign countries and the relevant data and submit to the department the certifying documents on he sources of the funds in foreign exchange earmarked for investment abroad. The department for control of foreign exchange shall be responsible for the risk examination of the foreign exchange earmarked for investment abroad and for the examination of the sources of the funds in foreign exchange and shall present within 30 days the conclusions in writing drawn from the examinations.

 

  Article 4 Corporations enterprises or other economic organizations hereinafter referred to as domestic investors”) that have been permitted to make investment abroad shall handle with the department for control of foreign exchange the procedures of registration and of remitting abroad the funds in foreign exchange earmarked for investment abroad by presenting the following materials

 

  1. the documents of approval issued by the competent State authorities

 

  2. the conclusions in writing drawn by the department for control of foreign exchange from the risk examination of the foreign exchange earmarked for investment abroad and the examination of the sources of the funds in foreign exchange and

 

  3. the contract of the investment project or other documents that may serve to certify the amount of the funds in foreign exchange that the domestic investors shall remit abroad.

 

  In handling the procedures of registration and of remitting abroad the funds in foreign exchange earmarked for investment abroad as prescribed in the first paragraph of this Article the department for control of foreign exchange shall re-examine the sources of the funds in foreign exchange of the domestic investors.

 

  Article 5 In going through the procedures of registration the domestic investors shall place a deposit as a guarantee that they shall remit the profit back to China hereinafter referred to as guarantee deposit”) which is equal to 5 percent of the amount of funds in foreign exchange to be sent abroad. The guarantee deposit shall be placed in a special account in a bank designated by the department for control of foreign exchange. The guarantee deposit shall be refunded when the total amount of profit remitted back to China is equal to the amount of funds in foreign exchange sent abroad. The interest on the guarantee deposit shall be paid to the domestic investors in accordance with the standard rate prescribed by the State.

 

  If the domestic investors experience real difficulty in placing the guarantee deposit they may give a written commitment to the department for control of foreign exchange that the enterprise abroad in which they invest shall remit regularly the profit or other incomes in foreign exchange back to China.

 

  Article 6 The profit or other incomes in foreign exchange derived by domestic investors from their investment abroad shall be repatriated within 6 months as of the end of the local accounting year and settled as foreign exchange or retained as spot exchange in accordance with the pertinent provisions of the State. Without the approval by the department for control of foreign exchange they may not be diverted to other uses or kept abroad.

 

  Article 7 The share of profit or other incomes in foreign exchange that domestic investors receive from the enterprise abroad in which they invest shall be retained in full in the first five years as of the date of the establishment of the enterprise and shall be retained at a percentage calculated in accordance with the pertinent provisions of the State as of the end of the first five years.

 

  Article 8 A Chinese-invested enterprise abroad may on the basis of the need of its business operations raise funds on its own. But without approval by the State Administration of Foreign Exchange Control its domestic investors may not provide guarantee for it by any means.

 

  Article 9 The annual accounting statements of a Chinese-invested enterprise abroad including the statement of assets and liabilities and the statement of loss and profit shall within 6 months as of the end of the local accounting year be submitted by its domestic investors to the department for control of foreign exchange.

 

  Article 10 If a Chinese-invested enterprise abroad is to make changes in its capital its domestic investors shall apply in advance to the original examining and approving authorities for approval and the changes shall be reported to the department for control of foreign exchange for the record.

 

  Article 11 If domestic investors are to transfer the shares of stock of the enterprise abroad in which they invest they shall submit to the local department for control of foreign exchange a report for the transfer thereof and shall repatriate the incomes in foreign exchange thus obtained within 30 days after the completion of the transfer.

 

  Article 12 If a Chinese-invested enterprise abroad terminates its business operations or is dissolved in accordance with the laws of the country or region in which it is located its domestic investors shall repatriate the assets in foreign exchange that they are entitled to obtain and may not divert them to other uses or keep them abroad without authorization.

 

  Article 13 If a Chinese-invested enterprise abroad fails to remit back to China their profit or other incomes in foreign exchange in accordance with their profit plan its domestic investors shall submit to the department for control of foreign exchange a report on their failure to fulfil their profit plan on schedule or on the losses sustained in business operations. If they fail to offer sufficient justification the department for control of foreign exchange may deduct from their guarantee deposit a corresponding proportion of foreign exchange and sell it to the State. If the domestic investors have not opened a guarantee deposit account the department for control of foreign exchange shall deduct from their retained foreign exchange a corresponding amount and turn it over to the State but the total amount deducted shall not exceed 20 percent of the amount of the funds in foreign exchange that has been remitted abroad.

 

  Article 14 If domestic investors violate the provisions in Articles 6 11 and 12 the department for control of foreign exchange shall order them to repatriate the foreign exchange involved within a prescribed period of time and may impose a fine amounting from 10 percent up to 20 percent of the amount that should be repatriated.

 

  If domestic investors violate the provisions in Articles 9 and 10 to a serious extent the department for control of foreign exchange may impose on them a fine of Renminbi 100000 yuan or less. Violators of the other provisions of these Procedures shall be dealt with in accordance with the provisions of the Rules for the Implementation of Penalties on Violations of Foreign Exchange Control.

 

  Article 15 The domestic investors of the Chinese-invested enterprise abroad established before these Procedures go into effect shall within 60 days starting from the day on which these Procedures go into effect and in accordance with the relevant provisions of these Procedures approach the department for control of foreign exchange to make up for the submission of the relevant materials and go through the procedures of registration and shall repatriate their incomes in foreign exchange in accordance with the relevant provisions.

 

  Article 16 The State Administration of Foreign Exchange Control shall be responsible for the interpretation of these Procedures.

 

  Article 17 These Procedures shall go into effect as of the date of promulgation

 

 

网友评论:
数据载入中,请稍后……
本栏目热点图片
返回首页 回到顶部
本站推荐
排行榜
站外搜索
关于我们 | 联系我们 | 在线投稿 | 使用帮助 | 网站地图 | 设为首页 | 加入收藏

本站所载文章仅供参考,Copyright 2012-2018. ALL RIGHTS RESERVED 国际贸易法律网 版权所有
法律咨询电话:13315171023 QQ:1215545143
邮箱:jiaqingkun@126.com 技术支持:众旺互联