State Administration of Foreign Exchange, provinces, autonomous regions, municipalities directly under the Central Government, foreign exchange administration, Shenzhen, Dalian, Qingdao, Xiamen, Ningbo Branch: To further implement the "Several Opinions of the State Council on Encouraging and Guiding the Healthy Development of Private Investment" (Guo Fa [2010] ] No. 13) Encourage and guide the healthy development of private investment in private capital. The relevant issues concerning the improvement of foreign exchange management related to the overseas investment promotion and guarantee system are as follows:
1. Simplify the repatriation of overseas direct investment funds . The foreign direct investment funds with the difference in registered capital may be directly remitted back to the territory after being registered by the local foreign exchange bureau, and no formalities for capital reduction or divestment registration are required.
Second, simplify the foreign exchange management of overseas lending, relax the source of overseas lending funds, and allow domestic enterprises to use domestic foreign exchange loans for overseas lending. Cancel the overseas purchase and payment of remittance funds and remit remittance approval. Domestic enterprises shall carry out overseas lending business. After the local foreign exchange administration branch and the foreign exchange administration department approve the lending quota and go through the relevant registration procedures, they may go directly to the designated foreign exchange bank for overseas lending. Special account funds are paid.
3. Appropriately relax the management of
individual external guarantees In order to support enterprises to “go globalâ€, when domestic enterprises provide external guarantees for overseas financing of overseas investment enterprises, domestic individuals are allowed to act as joint guarantors, and other methods permitted by guarantee, mortgage, pledge and guarantee regulations are permitted. , to provide guarantee for the same debt. A domestic enterprise shall entrust a domestic enterprise that provides guarantee at the same time to apply for a guarantee to the foreign exchange bureau at the place where the domestic enterprise is located. If the foreign exchange bureau approves the domestic enterprise to provide external guarantee for this debt according to the prescribed procedures, it can register the external guarantee of the domestic individual while handling the external guarantee registration for the enterprise. The SAFE does not conduct substantive review of the specific content of the qualifications of the individual, the form of external guarantee and the scope of the secured property. When the foreign exchange bureau handles the external guarantee registration for a domestic enterprise, it may also indicate in the external guarantee registration certificate of the enterprise that the domestic individual provides external guarantee for the same debt. When a domestic individual handles the external guarantee performance, the local foreign exchange bureau shall handle the relevant documents of the performance of the debt. This notice will be implemented as of July 1, 2012. Circular of the State Administration of Foreign Exchange on the Relevant Issues Concerning the Administration of Foreign Exchanges of Overseas Lending of Domestic Enterprises (Huifa [2009] No. 24) and the Notice of the State Administration of Foreign Exchange on Issuance (Huifa [2009] No. 30) In the event of any inconsistency of this notice, this notice shall prevail. June 11, 2012
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