The "Interim Provisions on Foreign Debt Statistical Monitoring" makes relevant provisions on matters related to foreign debt. For example: the state implements a registration management system for foreign debt, and foreign debt registration is divided into one-by-one registration and periodic registration. Wait, the following is an introduction to the full text of the "Interim Provisions on Statistical Monitoring of Foreign Debt", I hope it will be helpful to you. . .
"Interim Provisions on Foreign Debt Statistics and Monitoring"
Article 1 is for the purpose of accurate, timely and comprehensive centralized These regulations are specially formulated to provide national foreign debt information, effectively control the scale of external borrowing, improve the efficiency of using foreign funds, and promote the development of the national economy.
Article 2 The state shall implement a registration management system for foreign debts.
The State Administration of Foreign Exchange is responsible for establishing and improving the national foreign debt statistical monitoring system and publishing foreign debt figures to the outside world.
Article 3 The foreign debts referred to in these regulations refer to agencies, groups, enterprises, public institutions, financial institutions or other institutions within China (hereinafter collectively referred to as borrowing entities) All debts with contractual repayment obligations owed to international financial organizations, foreign governments, financial institutions, enterprises or other institutions outside China in foreign currencies, including:
(1) Loans from international financial organizations;
(2) Loans from foreign governments;
(3 ) Loans from foreign banks and financial institutions;
(4) Buyer's credit;
(5) Foreign Corporate loans;
(6) Issuance of foreign currency bonds;
(7) International financial leasing;
(8) Deferred payment;
(9) Debts repaid directly in cash in compensation trade;
(10) Other forms of external debt. The foreign exchange funds borrowed by the borrowing unit from foreign-funded banks and Sino-foreign joint venture banks registered in China are regarded as foreign debts. existForeign exchange funds borrowed by foreign-funded banks and Sino-foreign joint venture banks registered in China are not regarded as foreign debts.
Article 4 Foreign debt registration is divided into case-by-case registration and periodic registration.
The State Administration of Foreign Exchange formulates and issues the "Foreign Debt Registration Certificate" uniformly.
Article 5 For external borrowings by Sino-foreign joint ventures, Sino-foreign cooperative enterprises and foreign-funded enterprises, the borrowing unit shall hold the loan contract within 15 days after the formal signing of the loan contract. Complete the registration formalities with the local foreign exchange administration and obtain the Foreign Debt Registration Certificate for each transaction.
For loans from international financial organizations, loans from foreign governments, external borrowings from Bank of China or other approved banks and financial institutions, the borrowing unit shall register with the local foreign exchange administration. Complete the formalities and obtain the "Foreign Debt Registration Certificate" for periodic registration. The above registration does not include on-loan.
Other borrowing units other than those specified in the above two paragraphs shall, within 15 days after the formal signing of the loan contract, present the external loan approval document and a copy of the loan contract to the local foreign exchange administration. Complete the registration procedures and receive the "Foreign Debt Registration Certificate" for each transaction.
) Open a special cash account for foreign debt. Borrowing entities that have been approved to deposit their borrowings overseas and other foreign debts that are not in the form of transfer-in shall open a special cash account for the repayment of principal and interest on foreign debts at the bank with the "Foreign Debt Registration Certificate".
For borrowing units that have not received the "Foreign Debt Registration Certificate" as required, banks are not allowed to issue foreign debt
Dedicated spot exchange accounts for debts or special spot exchange accounts for the repayment of principal and interest on foreign debts, the principal and interest of which are not allowed to be remitted overseas.
Certificate", receipts and payments can be handled through a special spot account for foreign debts or a special spot account for repayment of principal and interest on foreign debts. The borrowing unit shall record the receipts and payments in the "Foreign Debt Change Feedback Form" in accordance with the bank's receipt and payment vouchers and submit a copy of the form to the Administration of Foreign Exchange that issued the "Foreign Debt Registration Certificate".
Borrowing units that implement regular registration shall submit the signing and signing of their foreign debts to the issuing administration of foreign exchange on a monthly basis.Withdrawal, use, principal and interest repayment, etc.
Borrowing entities that have been approved to deposit loans overseas shall regularly report changes in their deposits to the original approved foreign exchange administration.
Article 8 After the borrowing unit has paid off all the foreign debts specified in the "Foreign Debt Registration Certificate", the bank shall immediately cancel its foreign debt special cash account or repay the principal and interest. For a special cash account for foreign debt, the borrowing unit shall surrender and cancel the "Foreign Debt Registration Certificate" to the issuing administration of foreign exchange within 15 days.
Article 9 Whoever violates these regulations and commits any of the following acts, the local foreign exchange administration may impose a fine not exceeding 3% of the amount of the foreign debt involved according to the circumstances:
(1) Deliberately failing to complete or delaying the formalities for foreign debt registration;
(2) Refusing Submitting or concealing or falsely reporting the "Foreign Debt Change Feedback Form" to the Administration of Foreign Exchange, or repeatedly late reporting without special reasons;
(3) Forging or altering the "Foreign Debt Change Feedback Form" "Foreign Debt Registration Certificate";
(4) Opening and retaining a special cash exchange account for foreign debts or a special cash exchange account for the repayment of principal and interest on foreign debts without authorization.
If the parties concerned are dissatisfied with the penalty decision of the Foreign Exchange Administration, they may appeal to the next higher level Foreign Exchange Administration.
Article 10 The State Administration of Foreign Exchange is responsible for the interpretation of these regulations.
Article 11 These regulations shall come into effect on the date of promulgation.
When these regulations are promulgated, borrowing entities that have borrowed foreign debts that have not been fully repaid shall complete the foreign debt registration procedures with the local foreign exchange administration within 30 days after the promulgation of these regulations.
