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1、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 (19
2、91.7) 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 FOREI
3、GN 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 t
4、echnologicalco-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 vari
5、ous kinds of enterprises abroad orthepurchaseof andholdingsharesabroad(hereinaftercollectivelyreferredtoas Chinese-invested enterprises abroad) bycorporations,enterprisesand othereconomicorganizationsregisteredinsideChina(notincluding enterprises with foreign investment) to engage in production andb
6、usiness 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, examinatio
7、nandapprovalofinvestmentabroadwiththe 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 countriesa
8、ndtherelevant 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 exam
9、ination 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 s
10、hall 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 conclusi
11、ons 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
12、 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
13、 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
14、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 domestic
