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Announcement of the Peoples Bank of China on Further Reforming the Foreign Exchange Management System

来源:中国法律法规大全  点击数:  更新时间:2005-9-18 20:23:12 

 
ebtors should strengthen
the management  of  projects  using  foreign  debts,  raise the
economic efficiency and foreign exchange earning capacities of the
projects.  The State  encourages and supports various regions and
relevant  departments and  enterprises that are burdened with greater
amount of foreign  debts to establish foreign debt payment funds
according to the proportions  of their debts and open cash foreign
exchange  deposit  accounts.  The  debt payment foreign exchange
collected from exports may directly enter  into such accounts. The
funds of the special accounts can only be used to pay principal and
interests of foreign debts and cannot be transferred or used for
other purposes.
 Debtors  should  pay principals and interests from their special
debt payment funds. If there is difficulty in such payment, they should,
with  the  examination and approval of foreign exchange  control
departments,  use Renminbi to exchange for foreign currencies at
authorized banks  for the payment according to loan agreements and by
presenting foreign  debt registration  certificates  and verified
documents  for  payment  of principal and interests. If a debtor
demands foreign debt payment before the date of repayment prescribed in
the loan agreement, it shall get the approval of exchange control
departments. The various  banks  are not allowed to handle foreign
payment for foreign debts not  registered or liabilities incurred
through guarantees given by organizations inside China in violation
of provisions to legal persons outside China for borrowing.
 For  foreign  exchange loans issued by  financial organizations
inside China  with  their  own funds, debtors may repay directly
from  their foreign exchange income or from foreign exchange bought
from  authorized banks  according to loan agreements. After the new
system is  in  force, the foreign exchange loans issued by financial
organizations  by  using funds  borrowed from abroad or foreign
exchange deposits will be  repaid in foreign exchange acquired from
methods listed above.
  Chapter  Six  The Current Foreign Exchange  Control  Methods
Concerning Foreign-funded Enterprises Will Keep on Implementation.
  Foreign-funded  enterprises  are allowed to open cash  foreign
exchange accounts with authorized banks or foreign funded banks for
their foreign exchange  income.  Foreign-funded  enterprises  may
carry  out  their international payments with the scope allowed by
the  State or repay their foreign exchange loans issued by financial
organizations  inside China,  principal  and interest, from their
cash  foreign  exchange accounts. If the foreign exchange needed for
production,  operations, repayment of principal and interest of debts
and for remittance  abroad is in excess of the balan

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