RULES
FOR IMPLEMENTATION OF REGISTRATION
OF FOREIGN DEBTS
(Promulgated by the State Administration of Foreign
Exchange Control on November 10, 1989)
SUBJECT: FOREIGN EXCHANGE;
FINANCE & BANKING
ISSUING-DEPT: THE STATE
ADMINISTRATION OF FOREIGN EXCHANGE CONTROL
ISSUE-DATE: 11/10/1989
IMPLEMENT-DATE: 11/10/1989
LENGTH: 2099 words
TEXT:
[Article 1] These Rules
are hereby formulated to implement the "Interim Provisions
on Statistics and Monitoring of Foreign Debts" (hereinafter
referred to as "Regulations").
[Article 2] Foreign
debts mean all the debts borrowed directly from abroad and carried
with the contractual obligation of payment in foreign currency.
They include:
(1) International
financial institutions' loans: mean loans provided by International
Monetary Fund, the World Bank, Asia Development Bank, UN Agricultural
Development Foundation and other international or regional financial
institutions;
(2) Foreign government
loans: mean official aid loans provided by foreign governments;
(3) Foreign banks
and non-banking financial institutions' loans: mean loans provided
by banks, banking groups and other non-banking financial institutions
outside China's territory;
(4) Buyer's credit:
means loans provided by foreing banks through issuing export credit
to Chinese importers or banks for purchasing equipment from foreign
exporters;
(5) Foreign enterprises'
loans: mean loans provided non-financial institutions abroad;
(6) Issuance of foreign
currency bonds: means bonds with par value foreign currency issued
at the money market abroad by domestic institutions;
(7) International
financial leasing: means financial leasing provided by foreign leasing
companies for domestic institutions;
(8) Deferred payment:
means financing provided by foreign exporter for Chinese importer
that enables Chinese importer to pay three months after the goods
entered into China's territory;
(9) Debts to be repaid
directly with foreign exchange through compensation trade: mean
the debts that have to be repaid in foreign currency as stipulated
in compensation trade agreement, or that have to be repaid in foreign
currency instead of in goods upon approval. This includes the debts
to be repaid with foreign exchange earnings generated from exports.
(10) Other forms of
foreign debts include:
a. foreign currency
deposited by foreign institutions or individuals at domestic financial
institutions;
b. loans provided
by foreign banks or Sino-foreign joint venture banks located in
China for domestic enterprises including foreign invstment enterprises.
In addition to the
above-mentioned debts, the following debts are regarded as foreign
debts:
1. the debts that
has been transferred home by various means by institutions that
are registered outside China's territory and have to be repaid by
domestic institutions;
2. foreign debts owed
by Chinese institutions resided abroad that are not registered outside
China's territory;
3. loans borrowed
by foreign investent enterprises in the names of foreign partners
for capital or equipment input rather than equity contribution and
that have to be repaid by the enterprises under the contracts between
the foreign partners and the enterprises or under other documents
with legal binding force;
4. the guarantees
provided by Chinese parties for the debts owed by foreign parties
and have to be repaid by Chinese parties;
5. the debts owed
by wholly foreign-owned enterprises to their parent companies.
[Article 3] The State
Administration of Foreign Exchange Control and its branches are
the departments of foreign debt registration and control (hereinafter
referred to as "registration departments"). The State
Administration of Foreign Exchange Control is responsible for the
registration of foreign debts owed by the ministries and commissions
under the State Council, companies, the headquarters of the banks
and non-banking financial institutions in Beijing; its local branches
are responsible for registration of foreign debts owed by the local
governments, financial institutions, enterprises, offices of the
central government and the headquarters of financial institutions
resided in their areas.
The foreign debts owed
by Chinese institutions resided abroad that are not regitered outside
China's territory shall be registered at the departments of foreign
exchange control where they are located.
[Article 4] Registration
of foreign debts is divided into registration by each transaction
and regular registration.
The foreign debts for
regular registration: mean foriegn debts owed by domestic banks
and non-banking financial institutions; foreign government loans
and international financial institutions loans borrowed by the Ministry
of Finance, the Ministry of Foreign Economic Relations and Trade,
the People's Bank of China, the Ministry of Agriculture and the
Bank of China.
The foreign debts for
registration by each transaction: mean debts owed by other domestic
departments and enterprise (including foreign investment enterprises)
except those mentioned above.
For the foreign debts
borrowed by financial institutions entrusted by enterprises and
non-profit organizations, the debtor specified in the loan agreement
shall go through the procedures of registration.
[Article 5] The procedures
for regular registration are as follows:
(1) The borrowing
unit shall go, within 15 days as of the signing of the agreement
on the first loan, through the procedures of registration at the
local department of foreign exchange control and obtain a card for
regular registration of foreign debt (hereinafter referred to as
"registration card").
(2) When changes occur
in the newly signed loan agreement or drawing money from the borrowed
funds and repayment of the debts, the borrowing unit shall fill
in the "Foreign Debt Contract Information Form" and "Foreign
Debt Change Feedback Form" (hereinafter referred to as "feedback
form") separately on a month-by-month basis, and report to
the registration department in the last five days of each month;
(3) When the borrowing
unit needs to open a foreign exchange account, it shall, on the
strength of the registration card and the document of approval for
opening a bank account issued by the registration department, go
to through the procedures for opening special account for foreign
debts (hereinafter referred to as "special account") at
the designated opening bank (hereinafter referred to as "opening
bank") and send the note of acknowledgement to the registration
department the next day.
[Article 6] The procedures
for registration by each transaction are as follows:
(1) Within 15 days
as of the signing of the loan agreement, the borrowing unit shal,
on the strength of the copy of the loan agreement and document of
approval for borrowing foreign loan (foreign investment enterprises
do not need the document of approval), go through the procedures
for registration at the registration department and obtain a card
for registration by each transaction.
(2) When the loan
transferred home, the borrowing unit shall, on the strength of the
notice of remittance and the registration card, go through the procedures
for opening a special account and entering into the account at the
opening bank.
(3) When the debts
are due and shall be repaid with interest, the borrowing unit shall,
on the strength of the registration card and the notice of payback
with interest, go to the registration department in advance to obtain
the document of approval for payback with interest. After then,
the borrowing unit shall, on the strength of the document of approval
and the registration card, go through the procedures for payback
with interest from the special account at the opening bank.
(4) After going through
the procedures for receipt, payment and opening an account, the
borrowing unit shall, based on the receipt and payment certificate
issued by the opening bank, fill in the feedback form and send it
together with a xeroxed copy of the deposit certificate to the registration
department the next day.
(5) The unit that
borrows spot exchange not transferred home and calls for remittance
abroad of the principal with interest (herein referred to as "the
non-transferred home debt") shall fill in the feedback form
after the debt occurred and send the xeroxed copy of the feedback
form to the registration department the next day. When the debts
are due and must be repaid with interest, the borrowing unit shall,
on the strength of the document of endorsement issued by the registration
department, go to the opening bank for opening a special foreign
exchange account for repayment of foreign debts with interest (hereinafter
referred to as "special account for payback with interest")
and go through the procedures for remittance abroad the borrowed
money with interest.
(6) The domestic unit
that deposit loans abroad upon approval by the State Administration
of Foreign Exchange Control and its branches shall report monthly
changes of deposits through the feedback form to the original registration
department.
(7) The domestic units
that borrow money from foreign-owned banks or Sino-foreign joint
venture banks resided in China do not need to open another account,
but the borrowing units must go through the procedures for registration
and forward the feedback form in accordance with the relevant regulations.
(8) If the borrowing
unit that obtains the registration card in its locality needs to
open an account and repay the loan with interest at a bank in another
locality, it shall, on the strength of the registration card issued
by the registration department in the original locality, go through
the procedures for endorsement of payback with interest at the registration
department in another locality, and the opening bank shall send
the xeroxed copy of the document of payment to the original registration
department three days after the clearance of the procedures.
[Article 7] After the
debts as recorded on the registration card are finally cleared,
the opening bank shall immediately cancel its special account and
special account for payback with interest. The borrowing unit shall
send its registration card within 15 days to the registration department
that has issued the card and has it cancelled.
[Article 8] The opening
bank shall meet the following conditions:
(1) The domestic banks
that are approved to handle foreign exchange;
(2) The banks that
are able to help the registration department fulfill the task of
supervising and monitoring foreign debts;
(3) The opening banks
designated by the Sate Administration of Foreign Exchange Control
and its brancches according to the needs of business.
[Article 9] The opening
banks shall fulfill the following duties:
(1) Supervise the
use of account and ensure that foreign exchange funds entered into
the special account and the special account for payback with interest
are confined to the amount of funds as stated on the registration
card; the foreign exchange funds transferred or deposited from other
accounts are limited to use as the payment of equipment, labor and
payback with interest as required by borrowing project and other
uses as approved by the registration department.
(2) Go through the
procedures for transfer and payment of the debts on the strength
of the registration card and document of approval and, after the
procedures are fulfilled, send the receipt and payment certificate
to the registration department the next day as required.
(3) Supervise and
ensure that all foreign debts registered by each transaction go
through the special account and the special account for payback
with interest when they are transferred home and repaid with interest.
[Article 10] For violations
of these Rules and any of the following behaviors, the local department
of foreign exchange control may depending on the seriousness of
the case, impose on the person concerned a fine of no more 3% of
the RMB equivalent to the amount of foreign debts involved:
(1) Intentionally
not to go through the procedures for registration of foreign debts
or delay in doing so;
(2) Refuse to send
the feedback form to the department of foreign exchange, conceal
or give false information in the feedback form or delay in sending
this form twice;
(3) Forge and alter
the registration card;
(4) Open or retain
the special account and the special account for payback with interest
without authority, and the foreign debts are repaid not through
these two accounts. For these cases both the borrower and the opening
bank shall be fined.
[Article 11] The State
Administration of Foreign Exchange Control shall be responsible
for interpreting these Rules.
[Article 12] These
Rules shall come into force from the day of their promulgation.