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| Notice of the State Administration of Foreign Exchange on the Administration of Sales and Payment of Foreign Exchange by Transnational Companies for Non-trade Purposes (for Trial Implementation) | | 国家外汇管理局关于跨国公司非贸易售付汇管理的通知(试行) |
(No. 87 [2003] of State Administration of Foreign Exchange, July 30th 2003) | |
（2003年7月30日 汇发[2003]87号） |
The branches / departments of the State Administration of Foreign Exchange in all provinces, autonomous regions and municipalities directly under the Central Government, in Shenzhen, Dalian, Qingdao, Xiamen and Ningbo Cities, and all designated foreign exchange banks: | |
国家外汇管理局各省、自治区、直辖市分局、外汇管理部，深圳、大连、青岛、厦门、宁波市分局；各外汇指定银行： |
With a view to improving the administration of sale and payment of foreign exchange for non-trade purposes, bettering the business environment for enterprises and promoting the development of the economy with foreign elements, the State Administration of Foreign Exchange has, after conducting extensive investigation and in-depth research, worked out the administrative policies on the sale and payment of foreign exchange by transnational companies and their associated companies within the Chinese territory to pay to overseas all types of non-trade expenses advanced by the head of associated companies outside China or apportioned to the first mentioned companies, which will be tried out in Beijing, Shanghai and Shenzhen. The State Administration of Foreign Exchange will sum up the experience in good time and specify the relevant policies nationwide. The relevant issues are hereby notified as follows: | |
为了完善非贸易售付汇管理，改善企业经营环境，促进涉外经济的发展，国家外汇管理局在广泛调查、深入研究的基础上，拟定了跨国公司及其境内关联公司向境外支付由境外总公司或境外关联公司代垫的或本公司分摊的各类非贸易费用的售付汇管理政策，并决定在北京市、上海市、深圳市先予试行。国家外汇管理局将及时总结经验，尽快在全国范围内明确相关政策。现就有关问题通知如下： |
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| 1. The transnational companies as mentioned in the present Notice shall include: the foreign-funded transnational companies that have established foreign-funded investment companies within the Chinese territory upon approval of the foreign trade administrative department; and the Chinese-funded corporations that have obtained the right to engage in foreign business upon approval of the competent administrative department. | | 一、本通知所称跨国公司包括：经外经贸管理部门批准，已在中国境内设立了投资性外商投资企业的外资跨国公司；经有关管理部门批准，具有涉外经营权的中资集团公司。 |
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| 2. The associated companies within the Chinese territory of the transnational companies as mentioned in the present Notice shall include: the subsidiaries of the foreign transnational companies and the foreign-funded enterprises shared or controlled by the foreign transnational companies; the subsidiaries of or the foreign shared or controlled enterprises established within the Chinese territory by the head office or associated companies outside the Chinese territory and entrusted to the management of the transnational companies; and the subsidiaries, or the shared or controlled companies approved by the relevant department to have the right to engage in foreign business and established by the Chinese-funded corporations within the Chinese territory. | | 二、本通知所称跨国公司境内关联公司包括：由外资跨国公司设立的分公司、参股、控股的外商投资企业；由其境外总公司或境外关联公司在境内设立委托其管理的分公司、参股、控股的外商投资企业；中资集团公司在境内设立的经有关管理部门批准具有涉外经营权的分公司、参股、控股的公司等。 |
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| 3. The associated companies outside the Chinese territory of the transnational companies as mentioned in the present Notice shall include: the subsidiaries established and the companies directly or indirectly shared or controlled in the countries and regions (including Hong Kong, Macao and Taiwan Regions, the same below) other than China by the head companies outside the Chinese territory of the foreign transnational companies; and the subsidiaries established and the companies shared or controlled in the countries and regions (including Hong Kong, Macao and Taiwan Region, the same below) other than China by the Chinese-funded corporations. | | 三、本通知所称跨国公司境外关联公司包括：由外资跨国公司的境外总公司在中国以外的国家和地区（含香港、澳门、台湾地区，下同）设立的分公司、直接或间接参股、控股的公司等；由中资集团公司在中国以外的国家和地区设立的分公司、参股、控股的公司等。 |
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4. When paying to overseas the wages and subsidies, which have already been paid in advance by the head or associated companies outside the Chinese territory, of the employees with foreign nationalities or from Hong Kong, Macao or Taiwan, or the employees who retain the Chinese nationality and have obtained the right of permanent residence outside the Chinese territory (these employees are hereinafter referred to as the foreign employees), or remitting directly to overseas the wages and subsidies of the foreign employees, the transnational companies and their associated companies within the Chinese territory may make the payment directly from their foreign exchange account or by purchasing foreign exchange with RMB at the designated foreign exchange banks, by presenting the overseas payment notice, the identity certification such as the passports of the foreign employees, the employment certification such as labor contracts, tax payment certification, etc.
．．．．．． | | 四、跨国公司及其境内关联公司向境外支付由境外总公司或境外关联公司代垫的外籍、港澳台员工或具有中国国籍且拥有境外永久居留权的员工（以下统称外籍员工）工资及福利津贴，或者将外籍员工的工资及福利津贴直接汇出境外的，可以持境外支付通知、外籍员工的护照等身份证明和劳务合同等雇佣证明、税务证明等证明材料，直接到外汇指定银行从其外汇账户中支付或用人民币购汇支付。
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