中国外汇资金进出境管理拟放宽

2009年5月27日 
外汇资金来源和汇出管理拟放宽
 27 May 2009 
Control over Forex Source and Outward Remittance to be Relaxed

国家外汇管理局发布的《境内机构境外直接投资外汇管理规定(征求意见稿)》提出，境外投资外汇资金来源范围将扩大，外汇局将对境内机构境外投资资金汇出的管理由以往的核准制调整为登记制。

征求意见稿明确：境内机构可以使用自有外汇资金、国内外汇贷款、人民币购汇或实物、无形资产及经外汇局核准的其他外汇资产来源进行境外直接投资。境内机构境外直接投资所得利润也可留存境外用于其境外直接投资。
According to the Regulations for the Administration of foreign Exchange for Offshore Direct Investment by Domestic Institutions (Draft) issued by the State Administration of foreign Exchange (SAFE), the scope of forex capital for offshore investment will be expanded. SAFE will replace its previous approval system for the outward remittance of capital by domestic institutions for offshore investment with a registration system.

The draft clearly states that: domestic institutions may conduct offshore direct investment using self-owned forex capital, domestic forex loans, forex purchased with renminbi, or real goods, intangible assets and other forex assets approved by SAFE. Meanwhile, profits made from the offshore direct investment by domestic institutions may be retained offshore for use in their offshore direct investment.

外汇局将对境内机构境外直接投资及其形成的资产、相关权益实行外汇登记及备案制度。境内机构可以向其境外直接投资企业提供商业贷款及融资性担保。

此外，外汇局对境内机构境外投资资金汇出的管理由以往的核准制调整为登记制。境内机构应提交境外直接投资主管部门的批准文件。

征求意见稿允许境内机构在其境外项目正式成立前的筹建阶段，经外汇局核准，可以汇出其投资总额一定比例前期费用，一般不得超过境外直接投资总额的15%。外汇局表示，有关单位和各界人士可在6月19日前就该征求意见稿向外汇局提出意见。
SAFE will implement a forex registration and filing system on the assets and related gains obtained from the offshore direct investment by domestic institutions. Domestic institutions may provide commercial loans and financing guarantees to the offshore enterprises in which they have direct investment.

In addition, SAFE will replace its approval system for the outward remittance of capital by domestic institutions for offshore investment with a registration system. However, domestic institutions should submit the approval documents issued by the offshore direct investment supervisory department.

Under the draft, upon approval granted by SAFE, domestic institutions are allowed to remit a certain percentage of their early-stage payment in the preparatory stage before their offshore projects are officially launched, but generally the percentage may not exceed 15% of the total amount of their offshore direct investment. According to SAFE, relevant entities and people from all walks of life may give their comments on the draft to SAFE before 19 June