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The SAFE issued recently the Circular on Relevant Issues Regarding Foreign Exchange Administration of Overseas Lending Granted by Domestic Enterprises (hereinafter referred to as the Circular). The person-in-charge of the SAFE was interviewed on the relevant issues. Q: What is the main purpose of promulgation of the Circular? A: Chinese overseas investment has seen steady development with positive results. Meanwhile, Chinese-funded enterprises in overseas countries are baffled and impeded from further development and expansion due to difficulties in overseas financing and to insufficient liquid funds. The ongoing international financial crisis has added to the liquidity pressures of overseas financial institutions and the deterioration in the financing environment for Chinese-funded enterprises. Current cross-border financial services provided by domestic financial institutions have proven to be inadequate to meet the needs of overseas Chinese-funded enterprises for further development, which still require improvement. The measures recently issued by the State Council, which aim to further stabilize external demand, call for considerable efforts to be made to address the financing difficulties of foreign trade enterprises, as well as to support the go-global move of Chinese enterprises of diverse ownerships to stimulate exports. In such a context, for the purpose of bolstering the go-global efforts of financially strong enterprises, further promoting the facilitation of investment and trade as a way to stabilize external demand and for better coping with the global financial crisis, the SAFE issued the Circular in a timely manner and with earnest efforts of drawing on the experiences from the pilot reform of lending overseas. Q: What is the main content of the Circular? A: The Circular mainly includes the following content: First, the scope of lenders for overseas lending is expanded from the qualified Chinese and foreign-funded transnational companies currently in force to qualified enterprises of diverse ownerships. Second, the sources of funds for overseas lending have been expanded. Domestic enterprises are allowed to provide overseas lending through the use of diverse forms of sources of fund within certain limitations, such as self-owned foreign exchange and foreign exchange purchased with the home currency. Third, the ratification and exchange procedures for overseas lending have been streamlined. Matters concerning the opening of special foreign exchange accounts for overseas lending, fund transfers within China, and the purchase of foreign exchange etc. will all be handled directly by designated foreign exchange banks. Fourth, the statistical monitoring and risk prevention mechanism for overseas lending has been improved. Q: How does the SAFE guard against possible risks to the equilibrium in the balance of payments brought about by overseas loans? A: The economic stimulus package which aims to expand domestic demand and foster the stable and rapid development of the national economy has yielded initial positive results. The operation of the economy has witnessed positive changes and the general position of the balance of payments remains stable and free from major fluctuations. These have laid a solid foundation for overseas lending. Meanwhile, the relatively limited amount of overseas lending, as compared to the total scale of the balance of payments and the foreign exchange reserves, will not have a major impact on the national equilibrium of the balance of payments, and consequently the overall risks will be controllable. In terms of the design of the detailed policy plans for overseas lending, we have perfected the statistical monitoring and risk prevention mechanism for overseas lending, which are mainly embodied in the following aspects: management of the qualifications of the lenders and borrowers for overseas lending has been perfected, and two quantitative thresholds have been installed for an overseas lending quota: the quota for overseas lending shall not exceed 30 percent of the owners equity of the lender and shall not exceed the total agreed investment amount that has been concluded through the registration procedures by the borrower, and the lower of the two figures shall be adopted; the term of validity for overseas lending is clarified; the quota ratification, special foreign exchange account, foreign exchange fund transfers within China as well as the outward and inward remittances of overseas lending will be integrated into the foreign exchange management information system under direct investment, and a sound statistical monitoring mechanism is established for the inflow and outflow of foreign exchange funds for overseas lending; in the Circular, safeguard provisions are established stipulating that the SAFE can make timely adjustments to the qualifications, fund sources, amounts, terms, etc. of domestic enterprises for overseas lending. Q: What new measures are incorporated in the Circular to streamline administration, decentralize power, and to provide facilitation for the enterprises? A: On the premise of effectively preventing risks, the Circular has further streamlined administration, decentralized power, and provided facilitation for the enterprises, which are mainly embodied in the following aspects: the ratification, registration, and other procedures related to overseas lending will be handled by the branches of the SAFE and the SAFE will be responsible for instructing and organizing implementation of the relevant policies; in terms of administration of the exchange, the ratification procedures for domestic transfers involved in overseas lending are streamlined, except that outward remittances of loans through the special account for overseas lending as well as inward remittances of funds for repayment of the principal and interest or the performance of a guarantee for the special account for overseas lending are subject to ratification by the foreign exchange administrations, the transfer between related domestic foreign exchange accounts and special foreign exchange accounts for overseas lending and settlement of foreign exchange can be completed at banks by domestic lenders by presenting the ratification documents for overseas lending, without having to obtain ratification by the foreign exchange administrations. As for the administration of overseas lending quotas, balanced management shall apply, i.e., domestic enterprises engaged in overseas lending can repeatedly use the recovered quota for overseas lending within the ratified quota and term, thus changing the previous principle based on the amount incurred. This will be conducive for domestic enterprises to determine independently the frequency and amount of overseas lending so as to satisfy the financing needs of their overseas invested enterprises as well as to increase the efficiency of fund use. Q: What are the qualifications of the lenders? A: The Circular has reduced the restrictions on the qualifications for overseas lending to a large extent. In the case that both the lenders and the borrowers are registered and established in accordance with the law and their registered capital has been fully paid, and the lenders and borrowers have sound track records and are free from violations of foreign exchange administration regulations within the recent three years after ratification by the foreign exchange administrations, the borrowers and lenders can apply to the said Administration for granting loans to their overseas directly-invested enterprises. Q: What are the sources of the funds for overseas lending? A: The Circular allows domestic enterprises to offer lending to their overseas directly-invested enterprises by using self-owned foreign exchange funds in the foreign exchange capital account and foreign exchange account under the current account, foreign exchange funds purchased with RMB, and funds participating in the foreign currency pool. Q: What is the relationship between overseas lending and overseas direct investment? A: In a broad sense, overseas investment can be classified as overseas claim investment and overseas equity investment. Overseas lending granted by domestic enterprises can be considered a part of overseas claims and jointly constitutes the overseas investment. According to the prevailing overseas direct investment administration framework, overseas direct investment shall be ratified or put on the record by Chinas relevant departments for overseas investment. Therefore, the Circular stipulates that the prerequisite condition for overseas lenders are: all overseas direct investment projects by the lender during the past years have been ratified by the relevant domestic departments for direct overseas investment and the foreign exchange registration procedures have been fulfilled at the foreign exchange administrations, and the lender was graded at or above Grade Two in the last joint annual inspection of overseas investment. Q: What approaches are applicable in the Circular for providing overseas loans? Q: Overseas lending can be provided in the forms of: (p) direct lending, i.e., the lending is granted directly by domestic enterprises to their wholly-owned subsidiaries or share-holding enterprises legally established abroad; (q) granting lending by entrusting designated foreign exchange banks. In addition, if the group company that the domestic enterprise is affiliated with has a financing company with qualifications to conduct foreign exchange business, the enterprise can provide lending by means of entrusted lending through the financing company. Q: What is the relationship between the Circular and the Circular of the SAFE on Issues Regarding the Management of Internal Operations of Foreign Exchange Funds of Transnational Companies (Huifa No. 104 [2004])? A: The lending granted by domestic enterprises (including foreign-invested enterprises) to their wholly-owned subsidiaries and share-holding enterprises legally established abroad is subject to the provisions of this Circular. The lending granted by foreign-invested enterprises to other overseas related-party companies shall be subject to the relevant provisions in the Huifa No. 104 [2004] document. 2009-06-09/en/2009/0609/892.html
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The State Administration of Foreign Exchange (SAFE) recently issued the Regulations on Foreign Exchange Administration of the Overseas Direct Investment of Domestic Institutions (hereinafter referred to as the Regulations). The responsible person of the SAFE was interviewed on the relevant content of the Regulations. Q: What are the context and significance of issuing the Regulations? A: In the context that the world economy and finance are progressively becoming globalized and integrated, there has been a growing demand of domestic enterprises, including private enterprises, to make overseas direct investments, in parallel with a louder voice for streamlining the existing examination and approval procedures for overseas direct investment as well as for providing financing support for enterprises under overseas direct investment. In order to promote the development and expansion of the overseas direct investment of domestic institutions, on the premise of fulfilling the needs for the balanced management of the balance of payments, the SAFE issued successively over the past several years a series of policies and measures with respect to the reform and standardization of foreign exchange administration approaches to overseas direct investment. To systematically straighten out the separate regulatory documents regarding overseas direct investment issued during recent years and to work out a new set of foreign exchange administration regulations that fits with the needs of the current foreign exchange receipt and payment situation as well as with overseas direct investment administration practices, the SAFE has drawn up the Regulations on Foreign Exchange Administration of the Overseas Direct Investment of Domestic Institutions, and has extensively solicited opinions from overseas investment authorities, relevant industry authorities, and all circles of society. The Regulations were formally promulgated on July 13, 2009, and will be implemented as of August 1, 2009. China is currently at the critical stage of coping with the global financial crisis. The overall economic situation is favorable and promising. Further streamlining the foreign exchange administration of overseas direct investment and the launching of foreign exchange administration policy aimed at encouraging the go-global move of enterprises will be conducive for enterprises to better grasp the opportunities of overseas direct investment, to reduce the costs of overseas investment, to promote the facilitation of trade and investment, to promote the opening-up process of cross-border capital transactions in a steady and orderly manner, and to promote a basic equilibrium in the balance of payments of our country. Q: What reform measures are specified in the Regulations? A: First, the sources of foreign exchange funds for overseas direct investment have been expanded. Domestic institutions can make overseas direct investments by use of various fund sources, such as self-owned foreign exchange funds, domestic foreign exchange loans in line with the regulations, foreign exchange purchased with RMB or tangible assets, intangible assets, or profits retained overseas. Second, the examination and verification of foreign exchange fund sources for overseas direct investment have been altered from ex ante examination to ex post registration. Third, domestic institutions are allowed to provide support for follow-up financing of enterprises under overseas direct investment by means of commercial loans and financing guarantees. Fourth, the SAFEs administration of outward remittances of overseas investment funds by domestic institutions has been adjusted from the previous examination and approval system to a registration system. Foreign exchange designated banks can handle the outward remittances of investment funds for domestic institutions after conducting authenticity examinations and verifications of the relevant documents presented by the domestic institutions. Fifth, domestic institutions are allowed to remit outward preceding expenses of a certain proportion of the total amount of investment at the preparatory stage prior to the formal establishment of their overseas projects after obtaining approval from the SAFE. Sixth, the disposal and administration principle for overseas retention or inward remittances of profits of enterprises under overseas investment and earnings from capital variations such as capital reductions, equity transfers, liquidations, and so forth have been clarified. Seventh, a full aperture exchange administration system for overseas direct investment has been established. Besides the traditional domestic non-financial institutions, the foreign exchange administration and applicability of regulations of overseas direct investment of domestic financial institutions have been clarified and standardized. Eighth, by making full use of the foreign exchange management information system for direct investment, a statistical and monitoring mechanism for cross-border fund inflows and outflows under overseas direct investment has been established. Q: What possible risks might occur in terms of foreign exchange administration of overseas direct investment after implementation of the said Regulations? How can we guard against such risks? A: As specified by the Regulations, the previous examination of foreign exchange fund sources for overseas direct investment has been altered to ex post recording for file and registration. In order to guard against possible risks when there are marked changes in the situation of the national balance of payments, the Regulations have made it clear that the SAFE can make adjustments to the relevant policies concerning the scope of the sources and the management modes of the foreign exchange funds for the overseas direct investment of domestic institutions and the overseas retention of profits generated from overseas direct investments of domestic institutions. In practice, the foreign exchange designated banks are required to first examine the situation of the foreign exchange fund sources for overseas direct investments of domestic institutions which are registered with the SAFE, and to handle the outward remittances of overseas investments for the domestic institutions. All in all, risks arising from the change in the examination of the foreign exchange fund sources for overseas investment are limited, and can be prevented through collaboration with other departments as well as through the registration procedures of the SAFE. Q: Which kinds of investment do the overseas direct investments made by banks and non-bank financial institutions belong to? A: The overseas direct investment stated herein refers to acts by banks and non-bank financial institutions through which the said banks and non-bank financial institutions establish subordinate or affiliated institutions outside the territory of China, or make equity acquisitions of overseas banks or non-bank financial institutions so as to acquire the rights and interests of such overseas institutions, including ownership, rights of control, or business management rights. For example, as banks and non-bank financial institutions set up subsidiaries or branches outside the territory of China, they may purchase the equity of former shareholders of overseas banks or non-bank financial institutions and the like. Such kinds of investment are different from the indirect investment made by banks and non-bank financial institutions outside the territory of China, i.e., purchases made by banks and non-bank financial institutions of overseas assets such as products on the overseas capital market or currency market tools after obtaining approval from the relevant authorities of China. Q: What are the foreign exchange administration principles for overseas direct investment by banks and non-bank financial institutions? A: The regulations clarify the legal basis for foreign exchange administration of overseas direct investment of domestic financial institutions, which implement full aperture administration of overseas direct investment of domestic institutions, i.e., both financial institutions and non-financial institutions, if ready to make overseas direct investment, shall complete the foreign exchange registration and exchange procedures in accordance with the Regulations. Currently, the procedures for overseas direct investment of domestic institutions are completed via the foreign exchange management information system for direct investment of the SAFE. Thus, to facilitate the smooth operation of overseas direct investment, financial institutions shall make sure the following tasks are completed after the promulgation of the Regulations: 1. Given that the foreign exchange management information system for direct investment has already been put online, for the purpose of ensuring the completeness and accuracy of the statistical data on cross-border fund inflows and outflows under overseas direct investment as well as guaranteeing the smooth operation of the foreign exchange registration and foreign exchange business for overseas direct investment, financial institutions that have already made overseas direct investments shall, prior to the formal implementation of the Regulations, complete the procedures for additional input of relevant information about their overseas investments at the Foreign Exchange Administrations in their localities, which shall be completed before December 31, 2009. 2. The examination of the foreign exchange fund sources for overseas direct investments of financial institutions has been altered to ex post registration, which requires these financial institutions to complete the procedures for foreign exchange registration for overseas investment at the Foreign Exchange Administrations in their localities and to demonstrate the sources of their foreign exchange funds after obtaining approval from the relevant departments. Q: What are the differences in the administration of outward remittances between preceding expenses and overseas investment funds? A: If domestic institutions need to remit outward a certain amount of preceding expenses prior to the establishment of projects or enterprises under overseas direct investment, the said institutions shall file an application with the Foreign Exchange Administrations in their localities, and shall go through the procedures for outward remittances at the banks by presenting the examination and approval documents issued by the Foreign Exchange Administrations. If the domestic institutions need to remit outward overseas investment funds other than the preceding expenses, the banks shall only ask that the domestic institutions present the approval documents issued by the overseas direct investment authorities and the foreign exchange registration certificate for overseas direct investment, and shall handle the relevant procedures after querying the relevant information in the foreign exchange management information system for direct investment. Q: Do domestic institutions still need to receive a paper-copy foreign exchange registration certificate after the foreign exchange management information system for direct investment is put online? A: The online operation of the foreign exchange management information system for direct investment means that all businesses under direct investment will be processed via the system, thus realizing electronic informational management over overseas direct investment of domestic institutions. As a result, the previous paper copy foreign exchange registration certificate issued by the Foreign Exchange Administrations will be replaced with the IC card for foreign exchange registration, which will facilitate electronic operations and management of the relevant business. 2009-07-15/en/2009/0715/897.html
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In order to promote administration in accordance with the law and to guarantee the uniformity and solemnity of the foreign exchange administration regulations, the State Administration of Foreign Exchange (SAFE) recently issued the Circular on Announcing the List of Repealed and Expired Regulatory Documents on Foreign Exchange Administration (hereinafter referred to as the Circular). During the past years, the foreign exchange administration authorities, in compliance with the overall planning of the Party Central Committee and the State Council, have been dedicated to deepening the reform of the foreign exchange administration system and strengthening the institutional building of foreign exchange administration, which have played a significant role in fostering the countrys reform and opening-up, maintaining an equilibrium in the balance of payments, and preventing foreign-related economic and financial risks. In recent years there has been a rapid development of the national economy and profound changes in international economic circumstances. The foreign exchange administration system has undergone remarkable changes in terms of context, content, and form. Some regulations are becoming increasingly inapplicable to the needs of economic development, some of which have been replaced by new regulations, some have expired, and some have ceased to function as the revised object no longer exists. In response to the circumstances in foreign exchange administration, the Circular cancels 91 regulations on foreign exchange administration, of which 57 are repealed and 34 are declared to have expired. These regulations fall into four categories: 1. Some foreign exchange administration regulations dealing with statistics declaring identification and trading codes for the balance of payments, foreign exchange accounts, management of highlighted enterprises, sale and payment of foreign exchange under the current account, deferred foreign exchange payments for imports, international postal remittances, settlement of import L/C issuances, joint annual inspections of foreign investment, acquisitions by foreign investment as well as real estate market management are repealed or declared invalid since they are inapplicable to the needs of economic and financial development. 2. The Regulations on Foreign Exchange Administration revised in 2008 are put into effect. Some rules and regulations regarding application of the articles of the Regulations on Foreign Exchange Administration issued in 1996 and administrative punishment are repealed or declared invalid. 3. Some foreign exchange administration regulations applicable during special or trial periods have expired and are repealed or declared invalid, including regulations applicable during the start-up and transition period of the euro in 1999, the SARS prevention and treatment period in 2003, the implementation period for the Administrative Licensing Law in 2004, the Olympics Games and their preparation in 2008, the period for combating the Wenchuan earthquake in 2008, as well as those applicable to offshore financial business trials, and pilot operations of foreign exchange purchases under the non-trade account in bonded logistics zones. 4. Eleven foreign exchange administration regulations which were suspended and have been proven to be unnecessary are repealed. The promulgation and enforcement of the Circular will be conducive for enterprises and banks to better exercise foreign exchange administration policies. The perfection of foreign exchange administration laws and regulations and reinforcement of non-the-spot supervision will enable the administration to achieve a smooth policy transition and to realize balanced management of inflows and outflows of cross-border funds. The Circular shall come into effect as of the date of promulgation. (End) 2009-05-20/en/2009/0520/888.html
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The Overseas Direct Investment Module of the Information System for Foreign Exchange Business of Direct Investment Will Be Popularized Nationwide Following the successful operation of the foreign direct investment module of the information system for foreign exchange business of direct investment (hereinafter referred to as the "FDI Module") across the country, another informatization measure, which will help raise the level of foreign exchange services, facilitate investments for enterprises, and strengthen risk monitoring and early-warning the overseas direct investment module of the information system for foreign exchange business of direct investment (hereinafter referred to as the "ODI Module") will be generalized and rolled out nationwide on January 1, 2009. Several days ago, the State Administration of Foreign Exchange held a meeting in Chongqing to study and arrange the work to promote the ODI Module; Li Dongrong, deputy administrator of this administration, attended the meeting and delivered a mobilization speech. As an integral part of the information system for foreign exchange business of direct investment, the ODI Module maintains the manner and characteristics of the FDI Module, enables on-line operations and management and data exchange among the administration, banks, enterprises, and accounting firms, and substitutes IC-card foreign exchange registration certificates for paper-based certificates. After operation of the ODI system, enterprises can directly apply to the administration via the network for overseas equity investment, overseas lending, corporate investment for special purposes, and other business and will be informed in a timely manner of the progress of their business through the network. Banks, accounting firms, and other institutions may receive management information from the administration through the network and may transfer the business filing conditions to the administration, while the administration can deal with the related electronic information of banks, accounting firms, and enterprises through the network in a timely manner, and comprehend all overseas investment data and situations in a real-time way, so as to achieve an overall change in the ways of handling foreign exchange business of overseas investments from a manual and paper-based manner to an electronic and IT-based manner. The operation and use of the ODI Module is adapted to the trend of a gradual rise in the amount, regional expansion, and field extension of Chinas overseas investments, having great significance in further upgrading the level of foreign exchange services for overseas investment, facilitating investments for enterprises, and making full use of the Chinese and foreign markets. The electronic processing of the foreign exchange business for overseas investments will considerably enhance the business processing efficiency, avoid the work of enterprise personnel having to travel, and reduce corporate investment costs, so that the enterprises will able to strive for favorable overseas investment opportunities and will be able to grow much larger and stronger abroad. The operation and use of the ODI Module will also effectively improve the statistical approaches for overseas investments, realize real-time capital-flow monitoring of overseas investments, and increase the accuracy of monitoring over cross-border capital flows, which will help the foreign exchange management departments master the objective conditions in a timely manner and rapidly conduct situational analyses and make judgments regarding decision-making scientifically against the backdrop of the current complex and volatile economic situation (End). 2008-12-31/en/2008/1231/882.html
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In order to standardize the opening and use of domestic foreign exchange accounts by overseas institutions and other relevant operations, to prevent financial risks, and to further promote facilitation of trade and investment, the SAFE recently issued the Circular on Relevant Issues Concerning the Management of Domestic Foreign Exchange Accounts of Overseas Institutions (hereinafter referred to as the Circular). The Circular will take effect as of August 1, 2009. The content of the Circular mainly includes: First, the universal qualifications for banks to handle the relevant businesses are provided. The Circular specifies that all qualified Chinese-funded and foreign-funded banks within the territory of China can open domestic foreign exchange accounts and can provide financial services for overseas institutions according to the regulations. Second, the qualifications for the account opening, scope of use, and management principles for the domestic foreign exchange accounts of overseas institutions are clarified. Receipts and payments from/to domestic parties of the domestic foreign exchange accounts of overseas institutions are subject to cross-border transaction administration; unless otherwise specified, the balances in the domestic foreign exchange accounts of the overseas institutions shall be incorporated into the short-term external debt quota management. Third, statistical monitoring and risk prevention are strengthened. The Circular requires that banks utilize a uniform identification for the domestic foreign exchange accounts of overseas institutions, and incorporate these accounts into the foreign exchange account management information system for management purposes. When conducting relevant business related to the domestic foreign exchange accounts of overseas institutions, the domestic banks shall abide by the provisions of the anti-money laundering laws, the administrative regulations, and the departmental rules. During the course of drafting the Circular, the SAFE extensively solicited opinions from various sources, including from the general public via its official Web site. The relevant opinions and suggestions have been taken into full consideration. Implementation of the Circular will be conducive for banks to broaden the scope of their foreign exchange business, so as to give better play to the role of financing to bolster economic growth and to promote structural adjustments. It will also help increase the efficiency of fund use by both Chinese-funded and foreign-funded enterprises, guarantee fund security, and better promote facilitation of trade and investment. Furthermore, by standardizing management and strengthening risk prevention, the Circular is expected to effectively prevent abnormal inflows and outflows of foreign exchange funds via the domestic foreign exchange accounts of overseas institutions and to effectively safeguard national financial security. (End) 2009-07-13/en/2009/0713/894.html
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In order to further promote the facilitation of investment and trade and support the development of the real economy, the State Administration of Foreign Exchange (SAFE) recently released the Circular on adjusting the approval authority for certain foreign exchange businesses under the capital account (Huifa 2009No.21) in compliance with the economic work priorities of maintaining growth, expanding domestic demand, adjusting the economic structure, and attaching importance to the peoples livelihood as set out by the CPC Central Committee. According to the Circular, part of the approval authority for foreign exchange business under the capital account involving ten types of business will be delegated by the SAFE to its local branches, including inter-city opening of capital accounts, providing guarantees to foreign enterprises by domestic institutions, transfer of individual property abroad, and some cases of market exits under the securities account, etc. In compliance with the principle of clarifying authority and responsibility, making arrangements on a scientific basis, keeping risks under control, and facilitating the operations of the involved parties, the SAFE will formulate and perfect operational procedures and policy standards so as to enhance the post-supervision and inspection of issues related to the said approvals. The local branches can make relevant authorizations to the central sub-branches (sub-branches) under their jurisdiction according to the situations in the areas under their jurisdiction and in compliance with the relevant requirements of the internal control system. The decision to further delegate approval authority for foreign exchange business to the local branches is conducive to facilitating the business operations of enterprises, shortening the time needed for examination and approval, enhancing the efficiency of administration, as well as decreasing policy costs. The decision will also play a positive role in helping the foreign exchange authorities at all levels further clarify their work responsibilities and perfect their administration. (End) 2009-05-27/en/2009/0527/889.html
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In order to carry out the go-globaldevelopment strategy, further support the smooth and healthy development of overseas direct investment of domestic institutions, promote the facilitation of investment, take full advantage of markets and resources both at home and abroad, and promote the opening-up process of cross-border capital transactions in a steady and orderly manner, the SAFE recently issued the Regulations on Foreign Exchange Administration of Overseas Direct Investment of Domestic Institutions (hereinafter referred to as the Regulations), which will be implemented as of August 1, 2009. Based on the integration of the foreign exchange administration policies and measures for overseas direct investment issued during recent years, and in conjunction with the online operation of the foreign exchange management information system for direct investment of the SAFE, the Regulations streamline and standardize foreign exchange administration modes and procedures for overseas direct investment, mainly including: First, the examination and verification procedures have been streamlined. The examination and verification of foreign exchange fund sources for the overseas direct investment have been altered from ex ante examination to ex post registration, and the examination and approval of outward remittances of overseas direct investment funds have been cancelled. Second, the foreign exchange fund sources for overseas direct investment of domestic institutions have been expanded. Domestic institutions can make overseas direct investments by use of various sources of assets such as self-owned foreign exchange funds, domestic foreign exchange loans in line with the regulations, foreign exchange purchased with RMB or tangible assets, intangible assets, and profits retained overseas. Third, domestic institutions are allowed to remit outward the preceding expenses up to a certain proportion of the total amount of investment at the preparatory stage prior to the formal establishment of their overseas projects after obtaining approval from the SAFE. Fourth, a full aperture foreign exchange administration system for overseas direct investment has been established. The foreign exchange administration of overseas direct investment of domestic financial institutions has been clarified and standardized. Fifth, the statistical and monitoring mechanism for cross-border fund inflows and outflows under overseas direct investment has been improved and perfected. During the course of drafting the Regulations, the SAFE extensively solicited opinions from various sources, and sought opinions from the general public via its official Web site. Relevant opinions and suggestions have been taken into full consideration. The Regulations will help promote the standardization and systematization of foreign exchange administration of overseas direct investment, and are conducive for domestic institutions to timely grasp investment opportunities and increase the efficiency of overseas direct investment. In addition, the Regulations will play an active role in further perfecting the statistics and monitoring of overseas direct investment and promoting the basic equilibrium in the balance of payments. (End) 2009-07-15/en/2009/0715/896.html
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In order to carry out the six policy measures of the State Council for further stabilizing external demand, increasing the efficiency of fund use by domestic enterprises, and supporting the go global move of enterprises of diverse ownerships to stimulate exports, and based on the earnest efforts of drawing from previous experience in the trial reform for providing overseas lending, the SAFE recently issued the Circular on Related Issues Regarding Foreign Exchange Administration of Overseas Lending Granted by Domestic Enterprises (hereinafter referred to as the Circular). The Circular will take effect as of August 1, 2009. The content of the Circular mainly consists of the following: First, the scope of the lenders for overseas loans is expanded from the qualified Chinese and foreign-funded transnational companies currently in force to qualified enterprises of diverse ownerships. Second, the fund sources for overseas lending are expanded. Domestic enterprises are allowed to provide overseas lending through the use of diverse forms of fund sources within certain limitations, such as self-owned foreign exchange and foreign exchange purchased with the home currency. Third, the ratification and exchange procedures for overseas lending are streamlined. Matters concerning the opening of special foreign exchange accounts for overseas lending, fund transfers within China, and the purchase of foreign exchange etc. will all be directly handled by the designated foreign exchange banks. Fourth, the statistical monitoring and risk prevention mechanism for overseas lending has been improved. The administrative system for ratification of the qualifications and quota for overseas lending has been perfected, the valid term for overseas lending has been clarified, and a sound statistical monitoring mechanism for the inflows and outflows of foreign exchange funds for overseas lending has been established. Implementation of the Circular will facilitate efforts by domestic enterprises to take full advantage of two markets, two sources of funds, enhancing international economic and technological cooperation, and to ease enterprise financing difficulties in making direct overseas investments due to insufficient liquid funds, and will bolster the go-globalefforts of enterprises of diverse ownerships as a way to stimulate exports and further promote the development and expansion of enterprises making direct investments abroad. (End) 2009-06-09/en/2009/0609/891.html
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Several days ago, Premier Wen Jiabao of the State Council signed a State Council decree, promulgating the revised Regulations of the People's Republic of China on Foreign Exchange Administration, which came into force as of the date of promulgation. Officials in charge of the Legislative Affairs Office of the State Council, the People's Bank of China, and the State Administration of Foreign Exchange (SAFE) held an interview with reporters on relevant issues concerning the Regulations. Q: What is the main background to the revision to the Regulations? Answer: It is common practice in the world to timely adjust financial regulations in line with changing situations. The original Regulations of Peoples Republic of China on Foreign Exchange Administration played an important role in promoting an equilibrium in the balance of payments and preventing financial risks since their promulgation on January 29, 1996 and their revision on January 14, 1997. In recent years, with the rapid economic development of China and the profound changes in the international economic situation, the foreign exchange administration in China has confronted some new situations and problems, which the system must resolve. First, with the deepening of the reform of foreign exchange administration, full convertibility of the current account has been realized, foreign exchange income under the current account can be discretionarily retained by enterprises, the demand for personal foreign exchange is basically satisfied, the convertibility of the capital account is improving constantly, and the RMB exchange rate formation mechanism has been further perfected, so the Regulations need to be revised to consolidate the reform achievements and to allow room for further reform. Second, the situation in the balance of payments in China has changed fundamentally, from a foreign exchange shortage to excessive growth of foreign exchange reserves, but the original Regulations only focus on administration of foreign exchange outflows, so the Regulations needed to be revised for the balanced and standard administration of both capital inflows and outflows of foreign exchange. Third, as Chinas economy has become increasingly globalized and international capital flows have accelerated, the monitoring system for cross-border capital flows needed to be further perfected and a sound balance of payments emergency response and guarantee system needed to be established to effectively prevent risks and to improve the open economy. The revised draft of the Regulations of Peoples Republic of China on Foreign Exchange Administration, jointly drafted by the Peoples Bank of China and the SAFE on the basis of in-depth studies and seeking broad views and opinions, was submitted to the State Council for review. After soliciting opinions of the relevant departments of the State Council, various banks, and enterprises, the Legislative Affairs Office of the State Council, together with the Peoples Bank of China , the SAFE, and other departments, conducted repeated studies and modifications of the revised draft, and then submitted the final draft to the executive meeting of the State Council for review. The final Regulations were announced in a decree of the Decree of the State Council with the approval of the executive meeting of the State Council. Q: What principles were followed in revising the Regulations? A: First, adhering to the policy of reform and opening up, we drew on the reform achievements with respect to the current account, capital account, foreign exchange market, and RMB exchange rate formation mechanism in recent years, and reserved policy space for further reform. Second, centering on macro control and focusing on promoting an equilibrium in the balance of payments, we carried out balanced and standard administration of the capital inflows and outflows of foreign exchange. Third, we focused on creating a fair competitive environment to abolish the differential treatment between domestic enterprises and foreign enterprises, state-owned enterprises and private enterprises, institutions and individuals, and to exercise supervision according to the nature of the transaction. Fourth, in line with the requirements of the administrative system reform and the legal administration, we further perfected the regulations regarding the content and modes of foreign exchange administration, promoted trade and investment facilitation, and strengthened supervision and limits over administrative power. Q: Compared with the original Regulations, what contents have been revised in the new Regulations? A: The new Regulations, composed of 54 articles, represent a comprehensive revision of the original Regulations. They further facilitate trade and investment activities, improve the RMB exchange rate formation mechanism and the foreign exchange control system of financial institutions, establish a balance of payments emergency response and guarantee system, strengthen the monitoring of cross-border capital flows, perfect foreign exchange supervisory means and measures, and correspondingly clarify relevant legal liabilities. First, they pursue balanced administration of capital inflows and outflows of foreign exchange. They require that foreign exchange income and expenditure under the current account be made on the basis of authentic and lawful trade; they abolish the requirement for compulsory repatriation of foreign exchange income; and they allow foreign exchange income to be transferred back to China or deposited overseas in line with the prescribed conditions and terms; they standardize administration of the settlement of foreign exchange income under the capital account, and require that the foreign exchange and funds from sales of foreign exchange under the capital account be used for purposes approved by the relevant authorities, and impose penalties on illegal activities, such as illegal inflows of foreign exchange, illegal sales of foreign exchange, violations of the administration of the flow of funds from sales of foreign exchange; and they clarify the authority of the foreign exchange administrative organs in supervising and inspecting capital inflows and outflows, and specify administrative powers and procedures. Second, they improve the RMB exchange rate formation mechanism and the foreign exchange administration of financial institutions. They stipulate that the RMB exchange rate be subject to a floating exchange rate regime based on market supply and demand, and require the financial institutions operating foreign exchange sale and purchase business and other institutions satisfying the requirements to conduct foreign exchange transactions in the inter-bank foreign exchange market be in line with the stipulations of the foreign exchange administrative departments of the State Council; they regulate the administrative modes of the foreign exchange position, and carry out comprehensive position management of the foreign exchange business of financial institutions. Third, they strengthen the monitoring of cross-border capital flows and establish a balance of payment emergency response and guarantee system. They perfect the balance of payment statistics and reporting system, improve the collection of foreign exchange income and expenditure data, and strengthen statistics, analysis, and monitoring of cross-border capital flows; in accordance with WTO rules, they stipulate that the state may take necessary protection and control measures over the balance of payments when the balance of payments becomes or may become seriously unbalanced, or when the national economy confronts or may confront a serious crisis. Fourth, they perfect the foreign exchange supervisory means and measures. In order to guarantee the legal and effective fulfillment of the duties of the foreign exchange administrative organs, they stipulate the supervisory means and measures of the foreign exchange administrative organs and prescribe the supervisory and inspection procedures for the foreign exchange administrative organs. Q: How is the administration of foreign exchange under the current account prescribed in the Regulations? A: Chapter 5 and Article 2 in the general provisions of the Regulations contain the main stipulations for the administration of foreign exchange under the current account. Compared with the original Regulations, the new Regulations greatly simplify the content and procedures for the administration of foreign exchange income and expenditure under the current account. The Regulations stipulate that international payments of foreign exchange or the transfer of foreign exchange under the current account are not subject to any state control or restrictions, thus further facilitating foreign exchange income and expenditure under the current account; they require that the compulsory settlement of foreign exchange income under the current account be abolished, and foreign exchange income under the current account may be reserved or sold to financial institutions in accordance with the regulations; they stipulate that the foreign exchange expenditure under the current account be paid by an institution with its own foreign exchange or with foreign exchange purchased from financial institutions based on valid documents in accordance with the administrative provisions for the payment and purchase of foreign exchange. In order to guarantee that the foreign exchange income and expenditure under the current account be made on the basis of authentic and lawful trade, the Regulations require that the financial institutions that operate foreign exchange businesses conduct reasonable examinations of the authenticity of the transaction documents and of the consistency between the transaction documents and the foreign exchange income and expenditure; at the same time, they stipulate that the foreign exchange administrative organs have the right to supervise and inspect these issues through verifications and cancellations, write-offs, off-site data checking, on-site checking, etc. Q: How is the administration of foreign exchange under the capital account standardized in the new Regulations? A: The stipulations on the administration of foreign exchange under the capital account are mainly described in Chapter 3 of the Regulations, which are among the key content of the revisions to the Regulations. First, they reserve policy space for widening capital outflow channels. They simplify the administrative examination and approval process for foreign exchange administration of direct investments overseas, establish the administrative principles for transactions, such as overseas institutions raising funds within the territory of China, domestic institutions engaging in overseas securities investment and derivative products transactions, and domestic institutions providing commercial loans to overseas parties. Second, they reform the modes of the administration of foreign exchange under the capital account. Reserves and settlement of foreign exchange income under the capital account, shall require the approval of the foreign exchange administrative organs; with respect to the foreign exchange expenditure under the capital account, if the state provisions do not require it to be subject to the approval of the foreign exchange administrative organs in advance, in principle it can be directly handled at the financial institutions based on valid documents; and if the state provisions require that it be subject to the approval of the foreign exchange administrative organs, the approval procedures shall be handled prior to the payment of foreign exchange, unless it is otherwise provided by state provision. Third, they strengthen administration of the usage of capital inflows. They require that the foreign exchange and RMB funds from sales of foreign exchange under the capital account be used for purposes approved only by the relevant departments and the foreign exchange administrative organs, and they authorize the foreign exchange administrative organs to supervise and inspect the use of foreign exchange and RMB funds from sales of foreign exchange under the capital account and the changes in foreign exchange accounts. Q: What stipulations are there in the Regulations to perfect cross-border capital flows? A: Perfecting the monitoring of cross-border capital flows has important significance to grasp the situation in the income and expenditure of foreign exchange and to prevent international financial risks. On the one hand the Regulations clearly require in the general provisions that the foreign exchange administration department of the State Council collect statistical data and monitor the balance of international payments, and publish the balance of payments on a regular basis; on the other hand, they require the financial institutions handle the foreign exchange business through foreign exchange accounts and send the foreign exchange income and expenditure and the changes in the accounts of their clients to the foreign exchange administration organs according to the law. Domestic institutions that engage in foreign exchange operations shall submit financial accounting reports, statistical reports, and other data to the foreign exchange administration department of the State Council according to the relevant previsions. Based on these provisions of the Regulations, the foreign exchange administration organs can comprehensively monitor cross-border capital flows. At the same time, a supervisory information reporting system of the foreign exchange administration departments, relevant departments of the State Council, and the institutions is established. Q: How are the foreign exchange inspection means and legal responsibilities perfected in the Regulations? A: In order to carry out administration according to the law, guarantee effective implementation of the foreign exchange administration policies, and realistically prevent international financial risks, the Regulations clearly detail the inspection means and measures of the foreign exchange administration organs. According to the Regulations, when foreign exchange administration organs legally perform their duties, they have authority to take the following measures: to conduct on-site inspections, to enter places where illegal acts of foreign exchange are suspected to have occurred for investigation and collection of evidence, to make inquiries of the parties related to cases under investigation, to consult and photocopy relevant transaction documents and financial accounting data, to seal any documents and data that may have been transferred, concealed, or damaged, to inspect the accounts of an institution or an individual related to a case under investigation for illegal foreign exchange activities (excluding individual savings deposit accounts), to file an application with the peoples court to freeze or seal any property or important evidence involved, etc. However, the foreign exchange administration organs must carry out the relevant inspections in line with the procedures prescribed in the Regulations so as to safeguard the legal rights of the parties concerned. Meanwhile, in order to adapt to the demand to crack down on illegal foreign exchange activities under the new situation, the Regulations newly establish penalty provisions for illegal activities, such as for the illegal inflow of capital, illegal foreign exchange sales, violation of the administration of the flow of settlement funds, the illegal carrying of foreign exchange in or out of China, and the illegal introduction, purchase, and sale of foreign exchange, etc. Several days ago, Premier Wen Jiabao of the State Council signed a State Council decree, promulgating the revised Regulations of the Peoples Republic of China on Foreign Exchange Administration, which came into force as of the date of promulgation. Officials in charge of the Legislative Affairs Office of the State Council, the Peoples Bank of China , and the State Administration of Foreign Exchange (SAFE) held an interview with reporters on relevant issues concerning the Regulations. Q: What is the main background to the revision to the Regulations? Answer: It is common practice in the world to timely adjust financial regulations in line with changing situations. The original Regulations of Peoples Republic of China on Foreign Exchange Administration played an important role in promoting an equilibrium in the balance of payments and preventing financial risks since their promulgation on January 29, 1996 and their revision on January 14, 1997. In recent years, with the rapid economic development of China and the profound changes in the international economic situation, the foreign exchange administration in China has confronted some new situations and problems, which the system must resolve. First, with the deepening of the reform of foreign exchange administration, full convertibility of the current account has been realized, foreign exchange income under the current account can be discretionarily retained by enterprises, the demand for personal foreign exchange is basically satisfied, the convertibility of the capital account is improving constantly, and the RMB exchange rate formation mechanism has been further perfected, so the Regulations need to be revised to consolidate the reform achievements and to allow room for further reform. Second, the situation in the balance of payments in China has changed fundamentally, from a foreign exchange shortage to excessive growth of foreign exchange reserves, but the original Regulations only focus on administration of foreign exchange outflows, so the Regulations needed to be revised for the balanced and standard administration of both capital inflows and outflows of foreign exchange. Third, as Chinas economy has become increasingly globalized and international capital flows have accelerated, the monitoring system for cross-border capital flows needed to be further perfected and a sound balance of payments emergency response and guarantee system needed to be established to effectively prevent risks and to improve the open economy. The revised draft of the Regulations of Peoples Republic of China on Foreign Exchange Administration, jointly drafted by the Peoples Bank of China and the SAFE on the basis of in-depth studies and seeking broad views and opinions, was submitted to the State Council for review. After soliciting opinions of the relevant departments of the State Council, various banks, and enterprises, the Legislative Affairs Office of the State Council, together with the Peoples Bank of China , the SAFE, and other departments, conducted repeated studies and modifications of the revised draft, and then submitted the final draft to the executive meeting of the State Council for review. The final Regulations were announced in a decree of the Decree of the State Council with the approval of the executive meeting of the State Council. Q: What principles were followed in revising the Regulations? A: First, adhering to the policy of reform and opening up, we drew on the reform achievements with respect to the current account, capital account, foreign exchange market, and RMB exchange rate formation mechanism in recent years, and reserved policy space for further reform. Second, centering on macro control and focusing on promoting an equilibrium in the balance of payments, we carried out balanced and standard administration of the capital inflows and outflows of foreign exchange. Third, we focused on creating a fair competitive environment to abolish the differential treatment between domestic enterprises and foreign enterprises, state-owned enterprises and private enterprises, institutions and individuals, and to exercise supervision according to the nature of the transaction. Fourth, in line with the requirements of the administrative system reform and the legal administration, we further perfected the regulations regarding the content and modes of foreign exchange administration, promoted trade and investment facilitation, and strengthened supervision and limits over administrative power. Q: Compared with the original Regulations, what contents have been revised in the new Regulations? A: The new Regulations, composed of 54 articles, represent a comprehensive revision of the original Regulations. They further facilitate trade and investment activities, improve the RMB exchange rate formation mechanism and the foreign exchange control system of financial institutions, establish a balance of payments emergency response and guarantee system, strengthen the monitoring of cross-border capital flows, perfect foreign exchange supervisory means and measures, and correspondingly clarify relevant legal liabilities. First, they pursue balanced administration of capital inflows and outflows of foreign exchange. They require that foreign exchange income and expenditure under the current account be made on the basis of authentic and lawful trade; they abolish the requirement for compulsory repatriation of foreign exchange income; and they allow foreign exchange income to be transferred back to China or deposited overseas in line with the prescribed conditions and terms; they standardize administration of the settlement of foreign exchange income under the capital account, and require that the foreign exchange and funds from sales of foreign exchange under the capital account be used for purposes approved by the relevant authorities, and impose penalties on illegal activities, such as illegal inflows of foreign exchange, illegal sales of foreign exchange, violations of the administration of the flow of funds from sales of foreign exchange; and they clarify the authority of the foreign exchange administrative organs in supervising and inspecting capital inflows and outflows, and specify administrative powers and procedures. Second, they improve the RMB exchange rate formation mechanism and the foreign exchange administration of financial institutions. They stipulate that the RMB exchange rate be subject to a floating exchange rate regime based on market supply and demand, and require the financial institutions operating foreign exchange sale and purchase business and other institutions satisfying the requirements to conduct foreign exchange transactions in the inter-bank foreign exchange market be in line with the stipulations of the foreign exchange administrative departments of the State Council; they regulate the administrative modes of the foreign exchange position, and carry out comprehensive position management of the foreign exchange business of financial institutions. Third, they strengthen the monitoring of cross-border capital flows and establish a balance of payment emergency response and guarantee system. They perfect the balance of payment statistics and reporting system, improve the collection of foreign exchange income and expenditure data, and strengthen statistics, analysis, and monitoring of cross-border capital flows; in accordance with WTO rules, they stipulate that the state may take necessary protection and control measures over the balance of payments when the balance of payments becomes or may become seriously unbalanced, or when the national economy confronts or may confront a serious crisis. Fourth, they perfect the foreign exchange supervisory means and measures. In order to guarantee the legal and effective fulfillment of the duties of the foreign exchange administrative organs, they stipulate the supervisory means and measures of the foreign exchange administrative organs and prescribe the supervisory and inspection procedures for the foreign exchange administrative organs. Q: How is the administration of foreign exchange under the current account prescribed in the Regulations? A: Chapter 5 and Article 2 in the general provisions of the Regulations contain the main stipulations for the administration of foreign exchange under the current account. Compared with the original Regulations, the new Regulations greatly simplify the content and procedures for the administration of foreign exchange income and expenditure under the current account. The Regulations stipulate that international payments of foreign exchange or the transfer of foreign exchange under the current account are not subject to any state control or restrictions, thus further facilitating foreign exchange income and expenditure under the current account; they require that the compulsory settlement of foreign exchange income under the current account be abolished, and foreign exchange income under the current account may be reserved or sold to financial institutions in accordance with the regulations; they stipulate that the foreign exchange expenditure under the current account be paid by an institution with its own foreign exchange or with foreign exchange purchased from financial institutions based on valid documents in accordance with the administrative provisions for the payment and purchase of foreign exchange. In order to guarantee that the foreign exchange income and expenditure under the current account be made on the basis of authentic and lawful trade, the Regulations require that the financial institutions that operate foreign exchange businesses conduct reasonable examinations of the authenticity of the transaction documents and of the consistency between the transaction documents and the foreign exchange income and expenditure; at the same time, they stipulate that the foreign exchange administrative organs have the right to supervise and inspect these issues through verifications and cancellations, write-offs, off-site data checking, on-site checking, etc. Q: How is the administration of foreign exchange under the capital account standardized in the new Regulations? A: The stipulations on the administration of foreign exchange under the capital account are mainly described in Chapter 3 of the Regulations, which are among the key content of the revisions to the Regulations. First, they reserve policy space for widening capital outflow channels. They simplify the administrative examination and approval process for foreign exchange administration of direct investments overseas, establish the administrative principles for transactions, such as overseas institutions raising funds within the territory of China, domestic institutions engaging in overseas securities investment and derivative products transactions, and domestic institutions providing commercial loans to overseas parties. Second, they reform the modes of the administration of foreign exchange under the capital account. Reserves and settlement of foreign exchange income under the capital account, shall require the approval of the foreign exchange administrative organs; with respect to the foreign exchange expenditure under the capital account, if the state provisions do not require it to be subject to the approval of the foreign exchange administrative organs in advance, in principle it can be directly handled at the financial institutions based on valid documents; and if the state provisions require that it be subject to the approval of the foreign exchange administrative organs, the approval procedures shall be handled prior to the payment of foreign exchange, unless it is otherwise provided by state provision. Third, they strengthen administration of the usage of capital inflows. They require that the foreign exchange and RMB funds from sales of foreign exchange under the capital account be used for purposes approved only by the relevant departments and the foreign exchange administrative organs, and they authorize the foreign exchange administrative organs to supervise and inspect the use of foreign exchange and RMB funds from sales of foreign exchange under the capital account and the changes in foreign exchange accounts. Q: What stipulations are there in the Regulations to perfect cross-border capital flows? A: Perfecting the monitoring of cross-border capital flows has important significance to grasp the situation in the income and expenditure of foreign exchange and to prevent international financial risks. On the one hand the Regulations clearly require in the general provisions that the foreign exchange administration department of the State Council collect statistical data and monitor the balance of international payments, and publish the balance of payments on a regular basis; on the other hand, they require the financial institutions handle the foreign exchange business through foreign exchange accounts and send the foreign exchange income and expenditure and the changes in the accounts of their clients to the foreign exchange administration organs according to the law. Domestic institutions that engage in foreign exchange operations shall submit financial accounting reports, statistical reports, and other data to the foreign exchange administration department of the State Council according to the relevant previsions. Based on these provisions of the Regulations, the foreign exchange administration organs can comprehensively monitor cross-border capital flows. At the same time, a supervisory information reporting system of the foreign exchange administration departments, relevant departments of the State Council, and the institutions is established. Q: How are the foreign exchange inspection means and legal responsibilities perfected in the Regulations? A: In order to carry out administration according to the law, guarantee effective implementation of the foreign exchange administration policies, and realistically prevent international financial risks, the Regulations clearly detail the inspection means and measures of the foreign exchange administration organs. According to the Regulations, when foreign exchange administration organs legally perform their duties, they have authority to take the following measures: to conduct on-site inspections, to enter places where illegal acts of foreign exchange are suspected to have occurred for investigation and collection of evidence, to make inquiries of the parties related to cases under investigation, to consult and photocopy relevant transaction documents and financial accounting data, to seal any documents and data that may have been transferred, concealed, or damaged, to inspect the accounts of an institution or an individual related to a case under investigation for illegal foreign exchange activities (excluding individual savings deposit accounts), to file an application with the peoples court to freeze or seal any property or important evidence involved, etc. However, the foreign exchange administration organs must carry out the relevant inspections in line with the procedures prescribed in the Regulations so as to safeguard the legal rights of the parties concerned. Meanwhile, in order to adapt to the demand to crack down on illegal foreign exchange activities under the new situation, the Regulations newly establish penalty provisions for illegal activities, such as for the illegal inflow of capital, illegal foreign exchange sales, violation of the administration of the flow of settlement funds, the illegal carrying of foreign exchange in or out of China, and the illegal introduction, purchase, and sale of foreign exchange, etc. 2008-08-05/en/2008/0805/874.html
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January 21, 2007-The National Foreign Exchange Administration Conference was held in Beijing . Ms. Hu Xiaolian, deputy governor of the People's Bank of China and administrator of the State Administration of Foreign Exchange, delivered a report on foreign exchange administration. Acting in the spirit of the Central Economic Work Conference and the National Financial Work Conference, Ms. Hu summarized the administration of foreign exchange in 2006, analyzed the current macro-economic and balance of payments situation, and arranged the work for 2007. The State Administration of Foreign Exchange (hereafter referred to as the SAFE) continued to follow the concept of scientific development as a guide to the overall economic situation, earnestly carried out the overall plan made by the Party Central Committee and the State Council, further deepened restructuring, improved administration, changed its way of thinking, and introduced new mechanisms. As a result, all work made progress in 2006. First, external financial investment and individual foreign exchange administration witnessed new breakthroughs. Vigorous support was provided to banks and securities and insurance institutions to invest in overseas financial markets. By the end of 2006, the SAFE had approved 15 commercial banks for quotas of foreign exchange purchases of as much as USD 13.4 billion for overseas wealth management on behalf of clients, 15 insurance companies for quotas of overseas investments of as much as USD 5.174 billion, and one fund management company for a quota in overseas investment of as much as USD 0.5 billion. The management of an annual quota for individual foreign exchange purchases was implemented in May 2006. The amount and number of transactions of exchange purchases by individuals increased by 2.2 and 2.6 times respectively year on year during May and December 2006. Policies on individual foreign exchange administration were modified at the end of the year to increase foreign exchange purchase limits and implement management of an annual quota. For the first time, permissible transactions under the capital accounts by individuals were specified and individual revenue and expenditures in foreign exchange were further facilitated and regulated. Second, trade and investment was made more convenient. The approval procedures for foreign exchange accounts opened for current account purposes were rescinded and the upper limit on these accounts were raised. Consequently, more and more enterprises opened accounts and the account balances increased by 32% year on year, satisfying demands for holding foreign exchange under the current accounts. Simplified vouchers and formalities facilitated the enterprises utilization of foreign exchange in the services trade. By lifting the limitations on foreign exchange purchases for overseas investment, enterprises were allowed to remit related early-phase expenses in advance and were encouraged to go global. The qualified foreign institutional investors (QFII) system was steadily improved. Forty-four institutions with a quota of USD 9.045 billion had been approved by the end of 2006. Third, the administration of foreign exchange inflows and sales was enhanced and improved trade-related foreign exchange collection and sales were subjected to enhanced management. Over 95% of the 170,000 enterprises registered with the national export verification and reporting system enjoyed greatly facilitated trade-related receipts and payments. The gap between trade and trade-related foreign exchange payments narrowed. The preliminary effects have already become apparent. The external debt and foreign exchange sales of foreign-funded real estate enterprises claimed enhanced administration and the principle of actual demands and self-use was applied to the purchase of domestic housing property with foreign capital. Fourth, vigorous efforts were made to cultivate and develop the foreign exchange market. The inquiry trading and market-maker system were introduced in the inter-bank foreign exchange market to enrich the trading types on the foreign exchange market and to improve general management over the sale and purchase of foreign exchange. At the end of 2006, there were 21 market makers in the inter-bank foreign exchange market, 77 financial institutions qualified for inter-bank forward transactions, and another 62 for swap transactions. The inter-bank business was obviously brisk, and transactions increased several-fold. Meanwhile, the electronic construction of foreign exchange administration was accelerated, and the operation and administration of foreign exchange reserves were continuously improved. Ms. Hu pointed out that we should objectively view the current disequilibrium in the balance of payments and accurately grasp its effects and trends. The balance of payments surplus indicates that our comprehensive national strength and global competitiveness are improving, promoting economic growth and employment, supporting the implementation of development strategies and reform in key fields, and maintaining financial stability. However, the continuous existence of a large surplus also complicates macro-control, imposes pressures for an appreciation of the RMB and increases trade frictions, thus impeding the transformation of economic growth patterns and the economic restructuring process. Therefore, an equilibrium in the balance of payments is critical to the reform and opening up as well as to rapid and sound economic development. Placing great emphasis on this issue, the Central Committee of the Party and the State Council proposed that we must treat the promotion of an equilibrium in the balance of payments as an important task for maintaining steady macro-economic development and have made important arrangements for achieving this goal. All levels of the SAFE must align their thinking with the spirit of the Central Government, fully recognize the significance of an equilibrium in the balance of payments to stabilize macro-economic development, and deeply understand the policies put forward by the Central Government regarding promoting an equilibrium in the balance of payments and thoroughly implement related policies and measures. Ms. Hu emphasized that 2007 is an important year for carrying out and implementing the concept of scientific development in an in-depth manner and for actively promoting the construction of a socialist harmonious society. This year, foreign exchange administration will follow Deng Xiaoping Theory and the important thought of the Three Represents as a guide, and will implement the overall concept of scientific development, earnestly carry out the strategic plans made by the Party Central Committee and the State Council since the 16th National Party Congress, closely follow the guidelines set out at the Central Economic Work Conference and the National Financial Work Conference, deepen the restructuring of the foreign exchange system, broaden capital outflow channels, vigorously develop the foreign exchange market, guard against the risk of foreign exchange reserves, tighten capital inflows and monitoring of sales, and promote an equilibrium in the balance of payments, thus promoting rapid and sound economic development and paving the way for the success of the 17th National Party Congress. The conference also made arrangements for foreign exchange administration in 2007. Ms. Hu emphasized that efforts should be concentrated on the following four tasks. First, the reform of foreign exchange administration will be deepened. It is planned that market-based development will be furthered and the reform of the foreign exchange management system will be pursued, loosening controls over foreign exchange holdings and use by enterprises and individuals will be continued in an orderly way, the development of the foreign exchange market will be accelerated, more favorable policies for the innovation of financial products will be introduced, products in the foreign exchange market will be enriched, the Renminbi exchange rate formation mechanism will be further improved, and the operation and administration of foreign exchange reserves will be strengthened, effectively guarding against risks and actively exploring and developing utilization channels and methods for the foreign exchange reserves. Second, foreign exchange outflows will be promoted. It is planned that the external investment channel will be further expanded, gradually loosening the limitations on the size and type of external financial investments by institutions and individuals and trying to make new progress in the increase of external financial investment. Meanwhile, it is planned that foreign exchange administration of direct investment abroad will be further improved, offering continual and vigorous support for competitive and powerful enterprises that sincerely wish to go global.Third, supervisory work will be reinforced. It is planned that effective monitoring of cross-border short-term capital flows, especially venture capital, will be strengthened. This year, efforts should be concentrated on improving the management methods over external debts, strictly controlling the overheated growth of foreign debts, continuing to implement and consolidate the three supervisory policies for trade-related foreign exchange collection and sales, individual foreign exchange and foreign capital access to the real estate market, and tightening the capital trade credit inflows and strictly monitoring abnormal capital inflows. Fourth, the methods of foreign exchange administration will be improved by adopting advanced technologies. Without effective measures, the administration will be just like a strawman and will have no effect. This year, efforts should be concentrated on keeping a close eye on abnormal cross-border fund flows and illegal foreign exchange transactions, further elevating the level of computerization, raising the efficiency of on-site and off-site inspections, and guaranteeing the actual effects of various policies. Ms. Hu stipulated that all cadres should strengthen the construction of their work style, improve their ability for administration of foreign exchange, carry out their work actively and innovatively according to the requirements of the new situations and tasks, and promote an equilibrium in the balance of payments with a down-to-earth approach. 2007-01-21/en/2007/0121/824.html