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| The Circular of the State Administration of Foreign Exchange Regarding the Sale and Payment of Foreign Exchange for Non-trade Purposes by Transnational Companies | | 国家外汇管理局关于跨国公司非贸易售付汇管理有关问题的通知 |
(huifa [2004]No.62 June 29th, 2004) | |
（汇发[2004]62号 2004年6月29日） |
To the branches and foreign exchange control departments of the State Administration of Foreign Exchange in each province, autonomous region and municipality directly under the Central Government; branches of the State Administration of Foreign Exchange in the cities of Shenzhen, Dalian, Tsingdao, Xiamen and Ningbo; Chinese-invested 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；各中资外汇指定银行： |
With a view to improving China's environment for using foreign investment, perfecting the administration of the sale and payment of foreign exchange for non-trade purposes by transnational companies and promoting the sound development of the foreign economy, the State Administration of Foreign Exchange (SAFE) conducted experiments for the reform of the administration of the sale and payment of foreign exchange for non-trade purposes by transnational companies in the cities of Shanghai, Beijing and Shenzhen in 2003. On basis of summing up the experience from the said regions, we hereby notify you of the issues relevant to the national administration of the sale and payment of foreign exchange for non-trade purposes by transnational companies as follows: | |
为进一步改善我国利用外资环境，完善跨国公司非贸易售付汇管理，促进对外经济健康发展，国家外汇管理局于2003年在上海、北京、深圳3地进行了跨国公司非贸易售付汇管理改革的试点。在总结上述试点地区经验的基础上，现就全国对跨国公司非贸易售付汇管理的有关问题通知如下： |
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| 1.For the purposes of this Circular, the term “transnational companies” means such an enterprises group that own coexistent affiliated companies at home and abroad, one of which in China performs the function of the administration of its investments in the globe or a region (including China), including Chinese-invested holding enterprises groups (i.e. Chinese-invested transnational companies) and foreign-invested holding enterprises groups (i.e. foreign-invested transnational companies). | | 一、本通知所称跨国公司，是指同时在境内外拥有关联公司、且由一家在中国境内的关联公司行使其全球或区域（含中国）投资管理职能的企业集团，包括中资控股企业集团（即中资跨国公司）和外资控股企业集团（即外资跨国公司）。 |
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| 2.For the purposes of this Circular, the affiliated companies of a transnational company includes the domestic affiliated companies at home and broad, of which the domestic affiliated company may be: | | 二、本通知所称跨国公司的关联公司包括境内关联公司和境外关联公司，其中，境内关联公司包括： |
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| (1)a branch established in China by a foreign-invested transnational company; | | （一）外资跨国公司在境内设立的分公司； |
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| (2)a foreign invested enterprise in which a transnational company has a controlling share or an equity participation (the ratio of equity participation shall not be less than 25 percent, infra the same); | | （二）外资跨国公司控股或参股（参股比例不低于25％，下同）的外商投资企业； |
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| (3)a branch established in China and relegated to be managed by the overseas head office or affiliated company of a foreign-invested transnational company; | | （三）外资跨国公司境外总公司或境外关联公司在境内设立，并委托其管理的分公司； |
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| (4)a foreign-invested enterprise in which the overseas head office or affiliated company of a foreign-invested transnational company has a controlling share or an equity participation and whose management is relegated to it; and | | （四）外资跨国公司境外总公司或境外关联公司在境内控股或参股，并委托其管理的外商投资企业； |
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| (5)a branch established in China by a Chinese-invested transnational company or a company in which it has a controlling share or an equity participation. | | （五）中资跨国公司在境内设立的分公司、控股或参股的公司。 |
The overseas affiliated companies of transnational companies include: | |
跨国公司境外关联公司包括： |
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| (1)The overseas head office of foreign-invested transnational companies; | | （一）外资跨国公司境外总公司； |
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| (2)the branches established outside China by the overseas head office of a foreign-invested transnational company and companies in which it has a controlling share or an equity participation; and | | （二）外资跨国公司境外总公司在境外设立的分公司、控股或参股的公司； |
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| (3)the branches established outside China by a Chinese-invested transnational company and companies in which it has a controlling share or an equity participation. | | （三）中资跨国公司在境外设立的分公司、控股或参股的公司。 |
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| 3.If a transnational company and its affiliated company in China that complies with the conditions specified in this Circular needs to follow the procedures for the sale and payment of foreign exchange for non-trade purposes as provided for in this Circular, it shall apply to the branch or foreign control department (hereinafter referred to as “foreign exchange branch”) of the State Administration of Foreign Exchange of the place where its affiliated company is located on the strength of the following materials: | | 三、符合本通知规定条件的跨国公司及其境内关联公司，如需办理本通知规定的非贸易项下的售付汇手续，应持以下材料向所在地国家外汇管理局分局、管理部（以下简称“外汇分局”）申请： |
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| (1)The application bearing the signature of its legal representative; | | （一）法定代表人签署的申请书； |
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| (2)The approval document for the establishment of the company issued by the department of commerce, the business license and the original of the foreign exchange registration certificate for the foreign-invested enterprise and their copies; | | （二）商务主管部门批准公司设立的文件、营业执照以及外商投资企业外汇登记证正本及复印件； |
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| (3)The name list of its overseas affiliated companies; and | | （三）其境外关联公司名单； |
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| (4)Other materials required by the foreign exchange branch. | | （四）外汇局要求的其他材料。 |
If, upon examination by the foreign exchange branch of the place where its affiliated company is located, they are found to meet the conditions, the foreign exchange branch of the place where its affiliated company is located shall issue an approval document. | |
经所在地外汇分局审核，对于符合条件的，由所在地外汇分局出具核准文件。 |
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| 4.Any transnational company and its domestic affiliated company shall, when completing the procedures for the sale and payment of foreign exchange for non-trade purposes as provided for in this Circular, file an application with a designated foreign exchange bank on the strength of the approval document issued by the foreign exchange branch and the relevant certification materials set out in this Circular and the designated foreign exchange bank shall, subject to the authentic verification, process the procedures for the sale and payment of foreign exchange for non-trade purposes. | | 四、跨国公司及其境内关联公司办理本通知规定的非贸易项下的售付汇手续时，应持外汇局出具的核准文件以及本通知规定的相关证明材料向外汇指定银行申请，经真实性审核后，由外汇指定银行为其办理非贸易项下售付汇手续。 |
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5.The expenses advanced or apportioned between a Chinese-invested transnational company and its overseas affiliated companies shall be paid abroad by the domestic head office of the Chinese-invested transnational company only, and any domestic affiliated company other than the domestic head office of the Chinese-invested company shall not pay the advanced or apportioned expenses to any of its overseas affiliated company.
．．．．．． | | 五、中资跨国公司与其境外关联公司之间的代垫或分摊费用，只能由中资跨国公司的境内总公司向境外支付，中资跨国公司境内总公司以外的其他境内关联公司不得向其境外关联公司支付代垫或分摊费用。
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