境内外资银行外债管理办法(英文版)

27th May, 2004With a view to strengthening the overall standard administration, effectively adjusting and controlling the total volume of external debts, and regulating the administration on external debts of foreign-funded banks in China, the “Measures for the Administration on External Debts of Foreign-funded Banks in China” has been formulated an d approved by the State Council, which shall enter into force on 30 days after the date of promulgation.Ma KaiHead of the State Development and Reform CommissionZhou Xiao ChuanPresident of the People's Bank of ChinaLiu Ming KangChairman of the China Banking Regulatory CommissionMeasures for the Administration on External Debts of Foreign-funded Banks in China Article 1These rules are formulated ac cording to the “Regulations on Foreign Exchange System of the People's Republic of China”, the “Regulation of the P eople’s Republic of China on Foreign-funded Financial Institutions”, and other rules and regulations relating to management in external debts, with a view to promoting a fair competition between Chinese banks and foreign-funded banks in China, effectively controlling the total volume of external debts, and preventing risks on external debts.Article 2“Foreign-funded banks” mentioned hereinaft er refers to wholly-foreign-owned banks, Sino-foreign joint venture banks and Branches of foreign banks established within the territory of China according to the “Regulation of the People’s Republic of China on Foreign-funded Financial Institutions” and o ther related laws and regulations.Article 3With regard to the external debts raised by foreign-funded banks in China, the State shall enforce an administration on its total volume. The external debts of foreign-funded banks in China includes borrowing from institutions and inter-banks outside China, deposits absorbed from inter-banks outside China, outstanding of current account of corresponding banks or subsidiaries outside China opened with the foreign-funded banks in China, deposits absorbed from non-residents, and others.Article 4The State Development and Reform Commission (hereinafter referred as “the SDRC”), together with the China Banking Regulatory Commission (hereinafter referred as “the CBRC”) and the State Administration of Foreign Exchan ge (hereinafter referred as “the SAFE”), shall fix a reasonable total volume of the foreign debts raised by foreign-funded banks in China and set a target to control the structure between the external debts of mid-long term and those of short term, which shall be in accordance with the needs of national economy and social development, the status of Balance of Payments and national financial capability for external debts, as well as the financial status and working capital needs of the foreign-funded banks in China.Article 5When the foreign-funded banks in China raising external debts, the limits on mid-long term external debts above 1 year (exclusive of 1year) shall be approved by the SDRC, and those on short term external debts within 1year shall be approved by the SAFE.Article 6The foreign-funded banks in China shall, before the end of every February, submit its application to the SDRC or the SAFE respectively for the annual limits on mid-long term or short term external debts. Among those, the applications of the wholly-foreign-owned banks and Sino-foreign joint venture banks shall be submitted to the branches of the SDRC or the SAFE in the location of their commercial registration and thence be forwarded to higher administrative levels until to the headquarter of the SDRC or the SAFE for their approval, and the applications of the branches of foreign banks shall be submitted directly to the headquarter of the SDRC or the SAFE by their Reporting Banks in China. If the branches of foreign banks have no Reporting Banks in China, their applications shall be submitted as those of the above-mentioned wholly-foreign-owned banks and Sino-foreign joint venture banks.Article 7When applying for annual external debt limit, the foreign-funded banks in China shall submit the following documents to the SDRC and the SAFE,i) application letter showing business operation status, resource and use of funds in previous year, supporting data for the external debts volume intended to apply, and the planning use of the external debt funds,ii) approval obtained from their head office outside China or regional management, showing annual limits on facilities to be granted to the customers within the territory of China,iii) for the wholly-foreign-owned banks and Sino-foreign joint venture banks, the previous year’s consolidated balance sheet and income statement reported to the CBRC shall be enclosed. And for the branches of foreign banks, its previous year’s balance sheet and income statement reported to the CBRC, and the previous year’s consolidated balance sheet and income statement involving all of its operational sub-branches in China, if any,shall be required, andiv) documents proving the needs of liquidity and use of funds.Article 8The SDRC and the SAFE shall respectively approve the annual mid-long term and short term external debts limits of the foreign-funded banks in China on the basis of their use of external debts funds in previous year, annual limits on facilities to be granted to the customers within the territory of China which is approved by their head office outside China or regional management, their needs of funds for loans inside China (mid-long term external debts) and needs of liquidity (short term external debts).The increased volume of mid-long term external debts of the foreign-funded banks’ in the year shall not exceed the limits of the same year which is approved by the SDRC, and the outstanding balance of short term external debts shall be at any time under the limits approved by the SAFE.Article 9After the annual limits of external debts were approved, the foreign-funded banks in China have an opportunity within the year to apply to the SDRC or the SAFE for adjusting their limits of external debts according to the needs of business development. The SDRC and the SAFE shall decide to approve or not in the light of specific conditions.Article 10Loans in foreign currencies granted to domestic institutions by the foreign-funded banks in China shall be administrated as domestic loans denominated in foreign currencies.Loans in foreign currencies granted to domestic institutions by the foreign-funded banks in China shall not be converted to local currency except for negotiation under export documentary bills.Article 11Guarantees to customers outside China provided by the foreign-funded banks in China shall be administrated as external guarantees.Guarantees to the foreign-funded banks in China provided by domestic institutions for debtors inside China shall be administrated as domestic guarantees.Article 12The conversion from the external debts funds denominated in foreign currencies to local currency shall be prohibited, and it is also forbidden that the foreign-funded banks in Chinause local currency funds to purchase foreign exchange to settle external debts.Repayment for external debts by the foreign-funded banks in China shall not subject to the SAFE’s approval.After approved by the SAFE, domestic institutions can open special accounts under external debts with the foreign-funded banks in China.Article 13The SAFE shall be responsible for statistic, monitoring and control on the external debts of the foreign-funded banks in China, and domestic loans denominated in foreign currencies.The foreign-funded banks in China shall, within 5 working days after the end of every month, report its external debts data to local branches of the SAFE. Besides, materials relating to their domestic loans denominated in foreign currencies shall be submitted to local branches of the SAFE according to related rules and regulations.Article 14The SAFE shall perform on-site or off-site inspections regularly or irregularly on the external debts and loans denominated in foreign currencies granted by the foreign-funded banks in China.Any violation of the Measures shall be punished by the SAFE in accordance with the “Regulation of the People's Republic of China on Foreign Exchange Administration” and other related laws and regulations.Article 15The Measures shall be subject to interpretation of the State Development and Reform Commission and the People’s Bank of China. In case of conflicts between the Measures and other previous rules and regulations, the Measures shall prevail.Article 16The Measures shall enter into force on 30 days after the date of promulgation.。