Chapter I Loan Object and Scope of Use Article 1 The loan object is the export commodities and units whose production capacity directly or indirectly earns foreign exchange for China and has the loan conditions. The key point is to support enterprises that produce export commodities to tap potential, innovate and transform. Article 2 Scope of loan use:

First, introduce advanced technology, import equipment and materials, expand the production capacity of export commodities, improve product quality, increase varieties of colors and improve packaging and decoration.

Two. Imported raw materials are processed and exported.

Three, the development of transportation, tourism, foreign contracted projects.

Four, support foreign processing and assembly, compensation trade.

Five, support the short-term liquidity needed to directly or indirectly create foreign exchange income projects. Chapter II Loan Conditions Article 3 The use of foreign exchange loans shall meet the following conditions:

First, the economic effect is obvious. The loan project has the advantages of low cost, good effect, high foreign exchange earning and quick repayment. The loan unit is well managed and can give full play to the role of introducing technology, equipment and raw materials; Can promote enterprises to tap potential, innovate and transform; Can enhance the competitiveness of export commodities in the international market; It can create more foreign exchange for the country and increase its accumulation.

Second, repayment is guaranteed. The borrower must have a source of foreign exchange and the ability to repay the loan principal and interest on schedule, and put forward a plan to repay the loan principal and interest. Projects engaged in exporting products and using products with increased loans are not included in the national product distribution plan, and priority is given to exports. The increased income and foreign exchange are first used to repay the principal and interest of foreign exchange loans. For exported goods, production units and foreign trade companies shall sign production, sales and remittance contracts or agreements. For other loan projects, the approval documents of the relevant departments to repay loans with their foreign exchange income must be held. When the bank deems it necessary, the borrower shall be guaranteed by the unit with foreign exchange income to ensure the repayment of the loan principal and interest on schedule.

Third, domestic supporting implementation. The equipment and materials imported by loan need the matching of domestic factories, equipment, water, electricity, steam, fuel and raw materials, as well as the corresponding labor force, technical force and RMB funds, which must be comprehensively balanced by the Planning Commission, the competent department and other relevant units, implemented item by item, incorporated into relevant plans or signed economic contracts.

Fourth, the project has been approved. Infrastructure projects and technical measures that need to be submitted to the higher authorities for approval and appropriation must be approved by the relevant leading departments in accordance with the examination and approval procedures. Chapter III Application, Approval and Use of Loans Article 4 The borrower shall go through the loan application formalities with the Bank of China (or the local people's bank if there is no China banking institution) and submit an application for the use of foreign exchange loans; Construction project approval documents and list of imported materials; Copies of domestic supporting plans and relevant contracts that have been implemented; The RMB capital plan required for the return of imported equipment agreed by the relevant departments. There must be a production, sales and remittance contract or agreement signed between the production unit and the foreign trade company for repayment of exported goods. Article 5 The loan projects of various ministries and commissions in the State Council shall be examined and approved by the head office of Bank of China on a case-by-case basis. Local loan projects shall be examined and approved by the branches of China Bank in all provinces, municipalities and autonomous regions within the planned number approved by the head office. Loan projects that need to be reviewed by the head office and relevant ministries and commissions should be reported for approval. Banks should take the initiative to contact the relevant departments, cooperate with each other and cooperate closely when approving loans. Article 6 After the loan is approved, the borrower shall sign a loan contract with the Bank of China, open a loan account and handle import orders. If the borrower fails to sign the loan contract in time or fails to present the import order card in time after signing the loan contract, the bank will automatically cancel the loan if the time limit stipulated in the loan approval document is exceeded. The order card put forward by the borrower shall be valid with the seal of the bank. The bank shall conduct an audit according to the approved list of imported materials. Without the consent of the bank, the borrower shall not change the purpose of the loan and the variety and quantity of imported materials. A copy of the import contract ordered by the borrower from abroad shall be sent to the bank for reference. Banks should take the initiative to help borrowers make good use of loans. Article 7 For a loan project with a relatively large amount, the borrower shall put forward a plan for the use of funds by year and quarter. The bank organizes funds according to the use plan, and the borrower uses funds according to the use plan. Due to poor planning or changes in circumstances, the borrower should apply for adjusting the payment plan one month before the end of the quarter. If the borrower fails to use the funds as planned, the bank will charge the borrower a certain fee to make up for the loss of external financing. Chapter IV Loan Term and Interest Rate Article 8 The loan term shall be calculated from the date of using foreign exchange until the principal and interest of the loan are paid off. The project for processing and exporting imported raw materials is generally one year; The project for importing equipment (including materials for manufacturing equipment) shall not exceed three years; Other loan projects, generally not more than three years; The term of the loan project using the buyer's credit shall not exceed five years. Article 9 The interest rate of foreign exchange loans shall be determined and announced by the head office of China Bank according to the capital cost of international market organizations plus bank management fees. Chapter V Loan Repayment Article 10 The borrower shall, in accordance with the loan contract, pay off the loan to the bank within the loan period and pay it on time.

Interest. When the loan expires and the borrower is unable to repay it, the guarantee unit will repay it. When necessary, the Bank of China or the People's Bank of China has the right to deduct foreign exchange (or foreign exchange quota and RMB) from the accounts of borrowers and guarantee units.

Interim Regulations of People's Republic of China (PRC) Municipality on Foreign Exchange Control

Chapter I General Provisions Article 1 These Regulations are formulated for the purpose of strengthening foreign exchange administration, increasing the foreign exchange income of the State, saving foreign exchange expenditure, promoting the development of the national economy and safeguarding the rights and interests of the State.

All foreign exchange receipts and payments, the issuance and circulation of various foreign exchange tickets, and the entry and exit of foreign exchange, precious metals and foreign exchange tickets must abide by the provisions of these regulations. Article 2 Foreign exchange as mentioned in these Regulations refers to:

1. Foreign currency: including banknotes and coins;

2. Securities: including government bonds, government bonds, corporate bonds, stocks, coupons, etc.

3. Payment vouchers: including bills, bank deposit vouchers and postal savings vouchers;

4. Other foreign exchange funds. Article 3 People's Republic of China (PRC) implements the policy of centralized management and unified management of foreign exchange by the state.

The administration of foreign exchange in People's Republic of China (PRC) is the State Administration of Foreign Exchange and its branches.

The specialized foreign exchange bank in People's Republic of China (PRC) is China Bank. Without the approval of the State Administration of Foreign Exchange, other financial institutions may not engage in foreign exchange business. Article 4 In People's Republic of China (PRC), except as otherwise provided by laws, decrees and these Regulations, all foreign exchange earnings of Chinese and foreign institutions or individuals must be sold to the Bank of China, and the required foreign exchange shall be sold by the Bank of China according to the plan approved by the state or relevant regulations.

In People's Republic of China (PRC), it is forbidden to circulate, use or pledge foreign exchange, to buy or sell foreign exchange privately, and to arbitrage or evade foreign exchange in any form. Chapter II Foreign Exchange Management of State-owned Units and Collective Economic Organizations Article 5 The foreign exchange receipts and payments of domestic organs, armed forces, organizations, schools, state-owned enterprises, institutions and urban and rural collective economic organizations (hereinafter referred to as domestic institutions) shall be managed in a planned way.

The state allows domestic institutions to hold retained foreign exchange in accordance with regulations. Article 6 Unless approved by the State Administration of Foreign Exchange or its branches, domestic institutions shall not keep foreign exchange privately, deposit foreign exchange abroad, use foreign exchange income for foreign exchange expenditures, and borrow or transfer foreign exchange from overseas state institutions and enterprises and institutions located in foreign countries, Hong Kong and Macao. Article 7 Without the approval of the State Council, domestic institutions may not issue securities with foreign exchange value at home and abroad. Article 8 When a domestic institution accepts loans from banks and enterprises in foreign countries or Hongkong, Macao and other regions, it must be summarized by the competent department of the State Council or the people's governments of provinces, municipalities and autonomous regions respectively, and an annual loan plan shall be prepared, which shall be submitted to the State Council for approval by the State Administration of Foreign Exchange and the Foreign Investment Management Committee.

Measures for loan approval shall be formulated separately. Article 9 Foreign exchange retained by domestic institutions, reserve foreign exchange received first and paid later under non-trade and compensation trade, free foreign exchange borrowed and other foreign exchange held with the approval of the State Administration of Foreign Exchange or its branches.

You must open a foreign exchange deposit account or a foreign exchange quota account with the Bank of China, use it within the prescribed scope, and accept the supervision of the Bank of China. Article 10 When domestic institutions import and export goods, the handling bank shall check their foreign exchange receipts and payments with the import and export license or import and export goods declaration form after customs inspection. Article 11 State agencies abroad must use foreign exchange according to the plan approved by the State.

Profits from the operations of enterprises and institutions located in foreign countries, Hongkong, Macao and other regions must be repatriated on schedule and sold to the Bank of China, except that local operators can retain them according to the plans approved by the state.

Overseas institutions shall not reserve foreign exchange for domestic institutions on their own. Twelfth delegations and working groups temporarily sent to foreign countries, Hong Kong, Macao and other regions must be in accordance with

Special plans to use foreign exchange. After returning home, the remaining foreign exchange must be transferred back in time and sold to the Bank of China after verification.

The foreign exchange earned by the delegations, working groups and their members listed in the preceding paragraph in various business activities must be remitted back in time; Except with the approval of the State Administration of Foreign Exchange or its branches, it shall not be stored abroad. Chapter III Administration of Personal Foreign Exchange Article 13 Foreign exchange remitted by China citizens, foreigners and stateless persons living in China from foreign countries, Hongkong, Macao and other regions must be sold to banks in China, except for the part allowed by the state to be kept. Fourteenth China citizens, foreigners and stateless persons living in China are allowed to hold the foreign exchange deposited in China.

The foreign exchange listed in the preceding paragraph shall not be carried, consigned or mailed out of the country without permission; If it needs to be sold, it must be sold to the Bank of China, and at the same time, it is allowed to keep part of foreign exchange according to the proportion stipulated by the state. Article 15 Before the establishment of People's Republic of China (PRC), before overseas Chinese return to China to settle down, and before Hong Kong and Macao compatriots return to China to settle down, China people living in China are allowed to keep part of their foreign exchange in foreign countries and in Hong Kong and Macao. Article 16 Workers and students sent abroad, Hong Kong, Macao and other regions are allowed to remit or carry personal foreign exchange and keep all foreign exchange. Article 17 The proportion of foreign exchange that individuals are allowed to keep as stipulated in Articles 13, 14 and 15 of these Regulations shall be stipulated separately.

The foreign exchange that individuals are allowed to keep according to the provisions of Articles 13, 14, 15 and 16 of this Ordinance must be deposited in the Bank of China. This foreign exchange deposit can be sold to the Bank of China, remitted abroad through the Bank of China, or taken out of the country with the certificate of the Bank of China; However, it shall not be carried, entrusted or mailed out of the country without permission.

Measures for the Administration of Foreign Exchange (Re-) Loan Registration

Article 1 In order to strengthen the macro-management of foreign debts and improve the decision-making ability of local and local departments on the use of foreign exchange funds, these Measures are formulated according to the requirements of "further improving the foreign debt registration and statistical monitoring system, whether borrowing directly from abroad or lending domestically, should be included in the national foreign debt statistical monitoring system for registration" in the Notice of the State Council on Strengthening the Supply and Demand Management of International Commercial Loans. Article 2 Foreign exchange (reloan) as mentioned in these Measures refers to the following foreign exchange funds used by domestic units with contractual repayment obligations:

1, loans from international financial organizations and foreign governments;

2. International financial subletting and domestic foreign exchange leasing;

3. Foreign exchange loans from domestic banks and non-bank financial institutions;

4. Other forms of refinancing. Article 3 The State implements a comprehensive registration management system for refinancing. The State Administration of Foreign Exchange and its branches (hereinafter referred to as the foreign exchange administration department) are responsible for the registration, management and approval of sub-loans. Article 4 An entity that uses refinancing shall, within 10 days after each loan contract or refinancing agreement is signed, go through the formalities of refinancing registration at the local foreign exchange administration department with a copy of the valid contract or refinancing agreement, and obtain the refinancing registration certificate. Article 5 After the loan is transferred, the user shall fill in the Loan Transfer Registration Certificate in time according to the following conditions, and send a copy to the local foreign exchange administration department the next day:

1. Units that use foreign exchange loans from domestic banks and non-bank financial institutions shall fill in the loan payment notice;

2. The sub-loan paid by the letter of credit shall be filled in after the loan is paid;

3. If you open a working capital account in China, fill in the working capital account;

4. Lease refinancing should be filled in when the equipment is officially used. Article 6 When a sub-loan repays the principal and interest or the rent due, the user shall go to the local management department for the examination and approval of the principal and interest repayment or the rent payment in advance with the Sub-loan Registration Certificate and the Notice of Repaying the Principal and Interest or the Rent. The opening bank shall handle the formalities of repayment of principal and interest or payment of rent with the approval of the Foreign Investment Management Department. Article 7 After the payment of loan principal and interest or rent is completed, the user should fill in the registration certificate of sub-loan according to the bank payment voucher, and send a copy to the local management department the next day. Article 8 The user shall, within one week after the final repayment of the principal and interest of each refinancing, hand in the cancellation of the refinancing registration certificate to the local management department. Article 9 Intermediate lending management departments that directly use foreign exchange cash or quota to repay lending debts also need to go through the formalities of lending registration, but they can use the form of monthly statement. Article 10 Banks should strictly implement the regulations and handle the procedures of loan transfer, repayment and rent payment with the registration certificate and approval documents. After handling the receipt and payment procedures, the receipt and payment voucher should be sent to the local foreign-related administrative department in time to ensure the implementation of the registration double-line check system. Eleventh in violation of the above provisions of these measures, the local foreign exchange administration department may impose a fine of less than 3% of the loan amount according to the circumstances. Article 12 The sub-loan that has not been repaid before the date of promulgation of these Measures shall be registered with the local operation department from the date of promulgation to the end of 1989. Article 13 In areas where it is really difficult to register foreign exchange loans of domestic banks and non-bank financial institutions one by one, with the approval of the State Administration of Foreign Exchange, creditors may be entrusted to register on their behalf in the form of a monthly refinancing report uniformly compiled by the State Administration of Foreign Exchange. Article 14 These Measures shall come into force as of June 5438+0989165438+10/5, 2005. The State Administration of Foreign Exchange shall be responsible for the interpretation of these Provisions.