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国务院关于进一步加强借用国际商业贷款宏观管理的通知 CIRCULAR OF THE STATE COUNCIL ON FURTHER STRENGTHENING THE MACRO-CONTROL OVER INTERNATIONAL COMMERCIAL LOANS

2006-05-16 15:13   我要纠错 | 打印 | 收藏 | | |

国发(1995)30号
(September 27, 1995)
颁布日期:19950927  实施日期:19950927  颁布单位:国务院

  International commercial loans are an important method for absorbing foreign capital, and bear great significance in ensuring the sustained, fast and sound development of the national economy. The administration of international commercial loans must be strengthened in earnest so as to meet the needs of reform, opening and economic construction, make further improvements in the efficiency of international commercial loans and prevent a runaway increase of international commercial loans. This Circular is hereby issued as follows in that connection.

  1. Strictly Controlling the Overall Scale of International Commercial Loans

  In light of China's actual situation, funds raised by institutions located within the territory of China on commercial terms from international financial markets under the contractual obligations of repayment in foreign currencies are all referred to as “international commercial loans.” International commercial loans include loans from foreign commercial banks (institutions), export credit, finances from issuance of foreign currency bonds, convertible bonds, transferable certificates of large-volume deposit, medium term bills and other negotiable securities other than stocks, finances from international financing leases, compensation trading by spot repayment, financing projects and overseas deposits, and finances commercially raised or financed in other forms.

  (1) The state shall conduct planned administration and control over the total amount of long and medium terminter national commercial loans. The State Planning Commission shall, in light of China's foreign debt structure, debt-service capability, demand of foreign capital, related conditions and the international financial market situation, and on the basis of opinions solicited from various localities and relevant departments, work out long and medium term plans and annual plans for using foreign capital, and announce the planned overall scale of international commercial loans. With regard to the annual international commercial loan quotas for various financial institutions, the People's Bank of China shall, within the planned total amount of foreign debt announced by the State Planning Commission, and in light of the situations of various financial institutions concerning assets and liabilities, raise proposals concerning quotas and, after consulting with the State Planning Commission, make decisions concerning them and announce such decisions.

  Current international commercial loan quotas may be carried over until the end of March of next year.

  Any international commercial loans raised shall not be used for loans in Renminbi guaranteed with foreign exchange, and shall not be settled.

  (2) The state shall conduct balance-control on raising short term international commercial loans. Short term foreign loans (with the term of one year or less than one year) shall be used only for cash turnover of financial institutions or as short term operating funds for enterprises, and shall not be used for investment in fixed assets or for other purposes prohibited by the state. The People's Bank of China shall, in light of China's foreign debt structure and the actual need for foreign capital, decide on the national total amount of short term foreign debt balance, determine and announce the quotas for the short term international commercial loan balances for various financial institutions and enterprises. Financial institutions and enterprises should control their foreign debt balance within their respective quotas. Otherwise, the right of raising foreign loans shall be revoked and appropriate punishment shall be given to them.

  2. Examining and Approving Foreign Loans for Construction Projects in Strict Accordance with State Provisions

  Raising international commercial loans for construction projects shall be strictly controlled by means of the examination and approval authority prescribed by the state. With regard to long and medium term international commercial loans for capital construction, and in case of an applied loan scale beyond the limits prescribed by the state, the amount of the loan shall be examined and approved by the State Planning Commission; with regard to long and medium term international commercial loans for technical transformation projects, and in case of an applied loan scale beyond the limits prescribed by the state, the amount of the loan shall be jointly examined and approved by the State Economic and Trade Commission and the State Planning Commission. Those within the limits prescribed by the state shall be examined and approved by the local people's governments or relevant departments of the State Council on the basis of the annual plans for international commercial loans assigned by the State Planning Commission. Investment projects for fixed assets involving international commercial loans must accord with state industrial policies and be incorporated in the national plan. International commercial loans shall not be raised for projects which are not approved by the department in charge of examination and approval, the related funds in Renminbi required for which are not available, or for which energy, transportation, raw materials conditions and other production conditions are not satisfied, or which have a low capacity of repayment of foreign capital.

  The State Administration of Exchange Control shall be responsible for the examination and approval of the financial terms of foreign loans on the basis of the annual plans for international commercial loans announced by the State Planning Commission. Any region, department or unit concluding contracts with foreign parties for loans or for raising funds without authorization shall be severely dealt with by the department of exchange control, with their registration for foreign debt being refused, the agreements on loans and guarantee contracts being declared null and void, the opening of foreign exchange accounts being refused, and possible disqualification from applying for raising foreign loans.

  International commercial loans for investment outside the territory of China shall be strictly controlled by means of examination and approval by the State Planning Commission.

  3. Further Strengthening the Administration on Window Units Issuing External Bonds

  The administration of window units issuing external bonds shall be strengthened, and the number of said units shall be strictly controlled. The State Planning Commission and The People's Bank of China shall, in light of the scale of assets, the balance of assets and liabilities, the ratio of capital to risk, the management achievements and other situations of financial institutions, conduct the regular examination and verification of the window units, and shall adopt a system of regular examination and appraisal. The list of window units shall be published externally by the State Planning Commission and the People's Bank of China after being submitted to and approved by the State Council.

  The issuance of external bonds (including project financing in the form of issuing bonds outside China for construction projects inside China) shall be handled by financial institutions with managerial authority over matters of international finance and qualifications for issuing bonds that are approved by the People's Bank of China on the basis of quotas for international commercial loans approved by the State Planning Commission. The State Planning Commission and the People's Bank of China shall strengthen the examination and verification of window units, while the State Administration of Exchange Control shall be responsible for work concerning coordination and administration of entering the international financial market for issuing bonds, so as to ensure that the issuing of bonds proceeds smoothly.

  The issuance of external bonds by the Ministry of Finance on behalf of the state shall be approved by the State Council, and shall be incorporated in the national plan for international commercial loans.

  Local governments shall not raise foreign loans.

  For the purpose of taking full advantage of opportunities in the international financial market, raising the efficiency of international commercial loans, and reducing costs for raising funds, financial institutions shall be allowed to obtain loans at lower interest rates while repaying those at higher interest rates and to adjust the debt structure with the prerequisite that the balance of foreign debt shall not be increased and the repayment period shall not be extended, and shall obtain the approval of the State Planning Commission and the People's Bank of China.

  Funds from international commercial loans raised by institutions inside China must be sent to China and used for projects for which the competent department of foreign capital planning has approved the raising of international commercial loans; said funds shall not be left outside China without the approval of the State Administration of Exchange Control.

  The state encourages the raising of international syndicated loans, with financial institutions acting as go-betweens, for domestic construction projects for which raising international commercial loans has been approved.

  4. Strengthening the Supervision and Administration of Debt Repayment

  Paying debts on schedule is the legal responsibility of units which raise international commercial loans. For protection of national prestige, no region, department or unit may, for any reason, be in arrears with or refuse to make payments of due payable sums. The State Planning Commission and the People's Bank of China shall strengthen the supervision and administration of repayment of international commercial loans, and financial institutions shall do their best in predicting and pressing the payment of debts due.

  5. Improving the Statistical Monitoring of Foreign Debts

  International commercial loans raised either directly from outside China or through domestic financial institutions shall all be incorporated in the statistics monitoring system of the State Administration of Exchange Control and be subject to registration for foreign debt or for transmission of foreign loans.

  6. Enhancing the Analysis of Developments of the International Financial Market

  The State Administration of Exchange Control shall enhance the study of the currency varieties, interest rates, time limits for repayment, credit forms, related countries, market distribution and other matters related to international commercial loans, and submit timely reports thereupon to the State Council as well as timely notices to relevant departments.

  Various regions and departments must strictly carry out all the provisions of this Circular, take effective measures for raising the efficiency of international commercial loans, and ensuring the repayment of foreign debts on schedule, so as to protect national prestige. The administrative planning departments and departments of exchange control at various levels shall strengthen the supervision, checking and direction of the raising of international commercial loans. Those violating the relevant provisions of the state shall be strictly dealt with, with the responsible persons and persons involved being investigated for responsibility.

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