[法律资料]境外投资管理办法.doc

境外投资外汇管理办法(英文版)发布部门：外汇管理局发布文号：分类导航：所属类别：国务院行政法规发布日期：1989-03-06关键字：【阅读全文】PROCEDURES FOR THE ADMINISTRATION OF THE FOREIGN EXCHANGE INVOLVEDIN INVESTMENT ABROAD Important Notice: ThisEnglish document is coming from theLAWSANDREGULATIONSOF THE PEOPLES REPUBLIC OFCHINAGOVERNINGFOREIGN-RELATEDMATTERS (1991.7) whichiscompiledbytheBrueauofLegislative Affairs of the State Council ofthePeoples Republic of China, and is published by the China Legal System Publishing House. In case of discrepancy, the original version in Chinese shall prevail. Whole Document PROCEDURES FOR THE ADMINISTRATION OF THE FOREIGN EXCHANGE INVOLVED IN INVESTMENT ABROAD (Approved by the State Council of the Peoples Republic of China on February 5, 1989 and promulgated by the State Administration of Foreign Exchange Control on March 6, 1989) Article 1 These Procedures are formulated for the purpose of promoting economicand technologicalco-operationwithforeigncountries,strengtheningthe administration of the foreign exchange involved in investmentabroadand facilitating the achievement of a balance of international payments. Article 2 The terms investment abroad referred to in theseProceduresmeansthe establishment of various kinds of enterprises abroad orthepurchaseof andholdingsharesabroad(hereinaftercollectivelyreferredtoas Chinese-invested enterprises abroad) bycorporations,enterprisesand othereconomicorganizationsregisteredinsideChina(notincluding enterprises with foreign investment) to engage in production andbusiness 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 thatintendto make investment abroad shall, prior to goingthroughtheproceduresof application, examinationandapprovalofinvestmentabroadwiththe competent State authorities, provide the department for control of foreign exchange with the informationontheadministrationexercisedbythe countries (or regions) where their investment is to beovertheforeign exchange involved in investigated by foreign countriesandtherelevant data, and submittothedepartmentthecertifyingdocumentsonthe source(s) of thefundsinforeignexchangeearmarkedforinvestment abroad.Thedepartmentforcontrolofforeignexchange shall be responsible for the risk examination of the foreign exchange earmarked for investment abroad and for the examination of the source(s) of the funds in foreign exchange and shall presentwithin30daystheconclusionsin writing drawn from the examinations. Article 4 Corporations, enterprises orothereconomicorganizations(hereinafter referred to as domestic investors) thathavebeenpermittedtomake investment abroad shall handle with the department for control offoreign exchange the procedures of registration and of remitting abroad thefunds in foreign exchange earmarked forinvestmentabroadbypresentingthe following materials: 1. the documents of approval issued by the competent State authorities; 2. the conclusions in writing drawnbythedepartmentforcontrolof foreign exchangefromtheriskexaminationoftheforeignexchange earmarked for investment abroad and the examination ofthesource(s)of the funds in foreign exchange; and 3. the contract of the investment project or otherdocument(s)thatmay serve to certify the amount of the fundsinforeignexchangethatthe domestic investors shall remit abroad. In handling the procedures of registration andofremittingabroadthe 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 source(s) of the funds inforeignexchange of the domestic investors. Article 5 In going through the procedures of registration,thedomesticinvestors shall place a deposit as a guarantee that they shall remit the profit back to China (hereinafter referred to as guarantee deposit) whichisequal to 5 percent of the amount of funds in foreign exchange to be sent abroad. The guarantee deposit shall be placed inaspecialaccountinabank designated bythedepartmentforcontrolofforeignexchange. The guarantee deposit shall berefundedwhenthetotalamountofprofit remitted back to China is equal to the amount of funds in foreign exchange sent abroad. The interest on the guarantee deposit shall bepaidtothe domestic investors in accordance with the standard rate prescribed bythe State. If the domesticinvestorsexperiencerealdifficultyinplacingthe guarantee deposit, they may give a written commitmenttothedepartment for control of foreign exchange that the enterprise abroad inwhichthey invest shall remit regularlytheprofitorotherincomesinforeign exchange back to China. Article 6 The profit or otherincomesinforeignexchangederivedbydomestic investors from their investmentabroadshallberepatriatedwithin6 months as of the end of the local accounting year and settledasforeign exchange or retained as spot exchange inaccordancewiththepertinent provisions of the State.Withouttheapprovalbythedepartmentfor control of foreign exchange, they may not be divertedtootherusesor kept abroad. Article 7 The share of profit or other incomes inforeignexchangethatdomestic investors receive from the enterprise abroad in which they invest shall be retained infullinthefirstfiveyearsasofthedateofthe establishment of the enterprise and shallberetainedatapercentage calculated in accordance with the pertinent provisions of the State asof the end of the first five years. Article 8 A Chinese-invested enterprise abroad may, on the basis of the need ofits business operations, raise funds on its own. But without approvalbythe State Administration of Foreign Exchange Control, itsdomesticinvestors may not provide guarantee for it by any means. Article 9 The annual accounting statements of a Chinese-invested enterpriseabroad, including the statement of assets and liabilitiesandthestatementof loss and profit, shall, within 6monthsasoftheendofthelocal accounting year, be submitted by its domestic investors to thedepartment 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 totheoriginalexamining and approving authorities for approval and the changes shallbereported to the department for control of foreign exchange for the record. Article 11 If domesticinvestorsaretotransferthesharesofstockofthe enterprise abroad in which they invest, they shallsubmittothelocal department for control of foreignexchangeareportforthetransfer 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 divertthem 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 inforeignexchangeinaccordancewiththeir profit plan, its domestic investors shall submittothedepartmentfor control of foreign exchange a report ontheirfailuretofulfiltheir profit plan on schedule or on the losses sustained in business operations. If they fail to offer sufficient justification, the department for control offoreignexchangemaydeductfrom their guarantee deposit a corresponding proportion of foreign exchange and sell it to the State.If the domestic investors have not opened a guaranteedepositaccount,the department forcontrolofforeignexchangeshalldeductfromtheir retained foreign exchange a corresponding amount and turn it overtothe State, but the total amount deducted shall not exceed 20percentofthe 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 torepatriate the foreign exchange involved within a prescribed period of timeandmay impose a fine amounting from 10 percent up to 20percentoftheamount that should be repatriated. If domestic investors violate the provisions in Articles 9and10toa serious extent, the department for control of foreign exchange mayimpose on them a fine of Renminbi 100,000 y