Branches and foreign exchange administrations of the State Administration of Foreign Exchange in all provinces, autonomous regions and municipalities directly under the Central Government, branches in Shenzhen, Dalian, Qingdao, Xiamen and Ningbo, and designated Chinese-funded foreign exchange banks:
In order to facilitate enterprises to use domestic foreign exchange loans and financial institutions for creditor's rights management, the State Administration of Foreign Exchange, on the basis of summarizing the pilot experience in some areas, decided to reform the foreign exchange management mode of domestic foreign exchange loans nationwide. The relevant matters are hereby notified as follows:
1. The reform of foreign exchange management mode of domestic foreign exchange loans refers to changing the original management mode that debtors register domestic foreign exchange loans one by one at branches of the State Administration of Foreign Exchange or foreign exchange management departments (hereinafter referred to as "SAFE"), and implementing centralized registration of creditors, that is, Chinese-funded financial institutions that issue domestic foreign exchange loans regularly register their foreign exchange claims with the SAFE, report the changes of domestic foreign exchange loans, and independently verify the authenticity and compliance of enterprises in opening special accounts for domestic foreign exchange loans and handling debt service procedures.
Two. The scope of implementing the reform of foreign exchange management mode of domestic foreign exchange loans is limited to the self-operated foreign exchange loans issued by Chinese-funded financial institutions (hereinafter referred to as "creditors") to non-financial domestic institutions (hereinafter referred to as "debtors"), excluding foreign debt to loans.
Three. Registration and management of foreign exchange claims of domestic foreign exchange loans. All creditors engaged in domestic foreign exchange loan business should go through the registration procedures of foreign exchange claims of domestic foreign exchange loans at the foreign exchange bureau within five working days at the beginning of each month, that is, fill in the Centralized Registration Form for Domestic Foreign Exchange Loan Creditors (Annex 1), Feedback Form for Changes in Domestic Foreign Exchange Loans (Annex 2) and Data Summary Form for Domestic Foreign Exchange Loan Business (Annex 4), and submit the issuance and changes of domestic foreign exchange loans last month as required.
Four, the management of special accounts for domestic foreign exchange loans. Creditors are responsible for reviewing the debtor's application for opening or canceling the special account for domestic foreign exchange loans, and filling in the Monthly Statement for Opening and Closing the Special Account for Domestic Foreign Exchange Loans (Annex 3) and the Summary of Domestic Foreign Exchange Loan Business Data (Annex 4) to the local foreign exchange bureau within 5 working days at the beginning of each month.
When the debtor applies for opening a special account for domestic foreign exchange loans, if the creditor is a bank, it is only allowed to open an account in the creditor's bank or the bank where the debtor is registered; If the creditor is a non-bank financial institution, it can only open an account in the bank where the loan funds are allocated or where the debtor is registered.
If the creditor and the debtor's bank are not the same financial institution, the creditor shall issue an account opening (account cancellation) notice to the debtor's bank, and indicate: "The authenticity and compliance have been reviewed in accordance with the relevant provisions of the State Administration of Foreign Exchange on foreign exchange management of domestic foreign exchange loans. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The income range of the special account for domestic foreign exchange loans is the debtor's loan income and the transferred repayment funds; The scope of expenditure includes the debtor's repayment of loans, recurrent expenditure and approved capital expenditure. The time for the loan repayment funds to enter the special account shall not exceed 5 working days before the loan maturity date or the actual repayment date. Only one special account can be opened for a foreign exchange loan, and the special account shall be cancelled after the loan contract is fulfilled.
V. Management of domestic foreign exchange loans. When the debtor repays the principal and interest of domestic foreign exchange loans by using its own foreign exchange or purchasing foreign exchange in RMB, it shall provide the creditor with the foreign exchange account statement and the Confirmation of Enterprise's Own Foreign Exchange (see Annex 5) and other supporting documents. After the creditor examines the authenticity and compliance, the creditor shall file with the local foreign exchange bureau on a monthly basis (see Annex 2). When the debtor repays the loan principal and interest, he should first use his own foreign exchange, and the insufficient part can be purchased.
When the debtor goes through the formalities of purchasing and paying foreign exchange for the purpose of repaying the loan principal and interest, if the creditor is a bank, it can only be handled at the creditor's bank or the bank where it is registered; If the creditor is a non-bank financial institution, the debtor can only handle it at the withdrawal bank or the bank where the loan fund is registered.
If the creditor and the debtor's foreign exchange purchase and payment bank are not the same institution, the creditor shall indicate in the notice of repayment of principal and interest to the debtor: "The authenticity and compliance have been reviewed in accordance with the relevant provisions of the State Administration of Foreign Exchange on foreign exchange management of domestic foreign exchange loans. And _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The debtor shall apply for purchasing foreign exchange to repay the principal and interest of domestic foreign exchange loans. The creditor obtains RMB funds from the enterprise through legal channels (including judgments, rulings of arbitration institutions, realization of mortgaged or pledged assets, deduction of deposit, etc.). ), and the debtor cannot apply for foreign exchange purchase for reasonable reasons, the creditor can apply for foreign exchange purchase from the local foreign exchange branch on behalf of the enterprise, and the branch will approve it after reviewing its authenticity and compliance according to relevant regulations, and cancel or offset the corresponding loan registration.
Six, export bills and packaged loans can be directly approved by creditors, other domestic foreign exchange loans may not be settled.
Seven, all foreign exchange bureaus and creditors engaged in domestic foreign exchange loan business should make preparations for the conversion of foreign exchange loan registration methods before February 3, 2002. When implementing this reform, all foreign exchange bureaus should strengthen the training of creditors' foreign exchange business personnel, urge banks to clean up domestic foreign exchange loan business and special accounts, and strengthen the check of loan registration information and account information before and after the reform. After the implementation of the reform, the foreign exchange bureau will completely cancel the debtor's self-operated foreign exchange loan registration, and the debtor will no longer go through the formalities of purchasing and paying foreign exchange with the domestic foreign exchange loan registration certificate.
Eight, creditors should establish and improve the internal control system of foreign exchange loan business, and report to the local foreign exchange bureau for the record. The foreign exchange bureau shall regularly or irregularly check the implementation of the internal control system, internal statistical reporting system, personnel quality and business operation of creditors' foreign exchange loan business. If there are problems, the creditors shall be ordered to make corrections within a time limit; If it fails to make corrections within the time limit, the foreign exchange bureau may conduct informed criticism on it or impose penalties according to relevant regulations.
Nine, the foreign exchange bureau should strengthen the supervision of creditors after the event, and urge them to submit all kinds of data and related information on time. The foreign exchange bureau conducts off-site inspection of domestic foreign exchange loan business according to the materials reported by creditors, and conducts regular or irregular on-site inspection of centralized registration of creditors, opening or cancellation of foreign exchange accounts, repayment audit, etc.
Ten, all creditors should be required to submit statements to the local foreign exchange bureau. In areas where the foreign exchange account management information system has been operated, banks shall submit relevant data in accordance with the requirements of the foreign exchange account management information system; At present, areas that do not have the conditions can temporarily submit data in the form of disk or paper reports, but banks should be required to actively create conditions to realize networking as soon as possible.
Eleven, each branch shall, in accordance with the provisions, submit the relevant data of domestic foreign exchange loans to the General Administration through the "capital account statistical monitoring series report".
Twelve, each branch should strengthen the publicity of foreign exchange management reform of domestic foreign exchange loans through local media.
XIII. This circular shall be implemented as of June 1 2003. In August, 20001year, the Notice on Launching the Pilot Reform of Foreign Exchange Management Mode of Domestic Foreign Exchange Loans (No.Huifa [2006 54 38+0] 142) issued by our bureau was abolished at the same time. If the previous relevant provisions conflict with this notice, this notice shall prevail.
Attachment: 1 Centralized registration form for domestic foreign exchange loan creditors (omitted)
2, the domestic foreign exchange loan change feedback table (omitted)
3, the domestic foreign exchange loan account monthly report (omitted)
4, domestic foreign exchange loan business data summary table (omitted)
5, the enterprise's own foreign exchange confirmation (omitted)
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The foreign exchange bureau shall stipulate that, except for export bills, other domestic foreign exchange loans can only be paid externally and cannot be settled. This is to prevent enterprises from speculating RMB appreciation through foreign exchange settlement loans. Under the expectation of RMB appreciation, enterprises apply for foreign currency working capital loans, immediately convert them into RMB, and then purchase foreign exchange in RMB to repay the loans. If a large number of enterprises do this, it will put great pressure on the RMB exchange rate, so the foreign exchange bureau stipulates that foreign currency loans are not allowed to settle foreign exchange, just considering this possibility.
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The income range of the special account for domestic foreign exchange loans is the debtor's loan income and the transferred repayment funds; The scope of expenditure includes the debtor's repayment of loans, recurrent expenditure and approved capital expenditure. The time for the loan repayment funds to enter the special account shall not exceed 5 working days before the loan maturity date or the actual repayment date. Only one special account can be opened for a foreign exchange loan, and the special account shall be cancelled after the loan contract is fulfilled.
What are the regulations on the management of domestic foreign exchange loans?
Chapter I Object of Loan Article 1 All state-owned enterprises, collective enterprises, institutions and foreign-invested enterprises with independent economic accounting (including overseas Chinese capital, foreign capital and Sino-foreign joint ventures, the same below) may apply for this loan when foreign exchange flows due to production, construction, trade and other reasons. Chapter II Scope of Use of Loans Article 2 The scope of use of foreign exchange liquidity loans includes: 1. Foreign exchange liquidity required by state-owned construction and installation enterprises, foreign contracted engineering companies and real estate development companies. Contracting overseas projects and real estate development at home and abroad; 2 foreign exchange liquidity required by construction enterprises and engineering contracting companies to undertake foreign-invested projects; 3 building materials supply and marketing enterprises engaged in import and export business required foreign exchange liquidity; 4. Foreign exchange liquidity in import and export trade, packaged loans, export bills, overdraft of current foreign exchange deposits (approved loans), bill discount and other funds required by import and export trading companies; 5. Foreign exchange working capital required by foreign-invested enterprises for production and trade; 6 industrial enterprises to import raw materials and processing and assembly of foreign exchange liquidity; 7. Other foreign exchange current loans approved by banks. Chapter III Loan Term and Interest Rate Article 3 The loan term shall be from the effective date of the loan contract to the date when all the loan principal and interest agreed in the foreign exchange loan contract are paid off, generally not exceeding half a year, and the longest period shall not exceed 65,438+0 years. Article 4 The loan interest rate shall be determined according to the relevant regulations of the People's Bank of China, the bank's financing cost and the level of its peers. Loan interest is generally charged quarterly, with floating interest rate. Chapter IV Loan Conditions and Applications Article 5 A borrower must meet the following conditions: 1. Independent economic accounting and legal person status; 2. Holding a document approved by the superior competent department for the use of foreign exchange; 3. the use of foreign exchange conforms to the relevant provisions of the state administration of foreign exchange, and the repayment ability can be
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Repayment Method of China Bank's Guangdong Self-operated Foreign Exchange Loan
(1) Only one special account can be opened for a loan, and the repayment expenditure scope of the special account includes the borrower's repayment of the loan, recurrent expenditure and approved capital expenditure. The time for the loan repayment funds to enter the special account shall not exceed 5 working days before the loan maturity date or the actual repayment date.
(2) Repaying the principal and interest of the foreign exchange loan account.
1. According to the loan contract, loan receipt/withdrawal application, early repayment application (required for early repayment), foreign exchange registration certificate (for foreign-invested enterprises only), enterprise's own foreign exchange confirmation, foreign exchange account statement or the source of repayment funds provided by customers, the credit business department will issue approval documents for self-operated foreign exchange loans and submit them to the business department for repayment of principal and interest.
2. If the borrower's foreign exchange loan repayment and interest payment procedures are handled in other banks where it is registered, the credit business department of our bank will issue the approval document of self-operated foreign exchange loan in triplicate and notify the relevant banks to handle the foreign exchange sales and payment procedures. Self-operated foreign exchange loans are approved in triplicate, with one kept by the bank. After confirmation by the bank, the other two will be returned to our credit business department and customers for retention.
(3) Handling the repayment of loans by purchasing large amounts of foreign exchange.
In case of abnormal repayment, the foreign exchange bureau may notify the bank to stop the direct repayment of abnormal enterprises, and the foreign exchange purchase and repayment business shall be audited by the foreign exchange bureau instead.
(IV) Repayment of foreign exchange loan principal under abnormal circumstances The debtor shall directly apply to the local foreign exchange bureau for repayment of foreign exchange loan principal under the following abnormal circumstances, and the foreign exchange bureau shall examine and approve the repayment one by one. Bank of China shall not handle the repayment procedures of the above loan principal for the debtor:
1. If you buy foreign exchange from other places to repay the loan,
2. If the verification form for the arrival of foreign exchange payment for trade import cannot be provided under import,
3. Changing the purpose of the loan without authorization,
4. Other abnormal conditions.
(5) Designated Chinese-funded foreign exchange banks shall implement a regular registration system for domestic foreign exchange loans.
(6) If the debtor repays domestic foreign exchange loans with its own foreign exchange, which involves inter-bank account transfer, the remitting bank shall handle the transfer formalities with the creditor's notice of repayment of principal and interest (the notice shall indicate the amount, date and account number of the remitting bank).
(7) If the debtor purchases foreign exchange for repayment or repays the loan in different places, it still applies directly to the foreign exchange bureau where the creditor is located. After the creditors' foreign exchange bureau approves them one by one, they shall go to the designated Chinese-funded foreign exchange bank to handle the online customer service of China Bank with the approval documents. If you have other business needs, please download the mobile banking app of Bank of China or follow "Bank of China Micro-Banking" on WeChat to continue consulting and handling related business.
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What are the regulations on the management of domestic foreign exchange loans?
Chapter I Object of Loan Article 1 All state-owned enterprises, collective enterprises, institutions and foreign-invested enterprises with independent economic accounting (including overseas Chinese capital, foreign capital and Sino-foreign joint ventures, the same below) may apply for this loan when foreign exchange flows due to production, construction, trade and other reasons.
Chapter II Scope of Use of Loans Article 2 The scope of use of foreign exchange liquidity loans includes: 1. Foreign exchange liquidity required by state-owned construction and installation enterprises, foreign contracted engineering companies and real estate development companies. Contracting overseas projects and real estate development at home and abroad; 2 foreign exchange liquidity required by construction enterprises and engineering contracting companies to undertake foreign-invested projects; 3 building materials supply and marketing enterprises engaged in import and export business required foreign exchange liquidity; 4. Foreign exchange liquidity in import and export trade, packaged loans, export bills, overdraft of current foreign exchange deposits (approved loans), bill discount and other funds required by import and export trading companies; 5. Foreign exchange working capital required by foreign-invested enterprises for production and trade; 6 industrial enterprises to import raw materials and processing and assembly of foreign exchange liquidity; 7. Other foreign exchange current loans approved by banks.
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Chapter III Loan Term and Interest Rate
Article 3 The loan term shall be from the effective date of the loan contract to the date when all the loan principal and interest agreed in the foreign exchange loan contract are paid off, generally not exceeding half a year, and the longest period shall not exceed 65,438+0 years.
Article 4 The loan interest rate shall be determined according to the relevant regulations of the People's Bank of China, the bank's financing cost and the level of its peers. Loan interest is generally charged quarterly, with floating interest rate.
Chapter IV Loan Conditions and Applications Article 5 A borrower must meet the following conditions: 1. Independent economic accounting and legal person status; 2. Holding a document approved by the superior competent department for the use of foreign exchange; 3. The use of foreign exchange conforms to the relevant provisions of the State Administration of Foreign Exchange and requires repayment ability.
How to manage BOC Guangdong's self-operated foreign exchange loan?
Guangdong self-operated foreign exchange loan management: only one special account can be opened for a loan, and the income range of the special account is the foreign exchange loan borrowed by the borrower and the transferred repayment funds; The scope of expenditure includes the borrower's loan repayment, recurrent expenditure and approved capital expenditure. The time for the loan repayment funds to enter the special account shall not exceed 5 working days before the loan maturity date or the actual repayment date.
The above contents are for your reference. Please refer to the actual business regulations.
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 The term "foreign exchange (reloan)" as mentioned in these Measures refers to the following foreign exchange funds used by domestic units to undertake contractual repayment obligations in foreign currency:
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 Units that use refinancing shall, within 10 days after each loan contract or refinancing agreement is signed, go through the refinancing registration formalities with 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.
Measures for the administration of cross-border loans
In order to regulate the development of cross-border RMB loans in Qianhai, these Rules are formulated in accordance with the Interim Measures for the Administration of Cross-border RMB Loans in Qianhai and relevant laws and regulations.
Legal basis:
Measures for the Administration of Borrowing International Commercial Loans by Domestic Institutions
Article 2 The term "international commercial loans" as mentioned in these Measures refers to the funds borrowed by domestic institutions from overseas financial institutions, enterprises, individuals or other economic organizations and domestic foreign-funded financial institutions, and they undertake contractual repayment obligations in foreign currency. Export credit, international financial leasing, compensation trade repaid in foreign exchange, foreign exchange deposits of overseas institutions and individuals (excluding those in banks approved to operate offshore business), project financing, financing under trade for more than 90 days and other forms of foreign exchange loans are regarded as international commercial loan management.
Article 3 The People's Bank of China is the examination and approval authority for domestic institutions to borrow international commercial loans. The People's Bank of China authorizes the State Administration of Foreign Exchange and its branches (hereinafter referred to as the SAFE) to be specifically responsible for the examination and approval, supervision and management of international commercial loans borrowed by domestic institutions.