Macroeconomic Management: currency exchange controls and foreign direct investment

In July-August 2008, the PRC was published several legal acts whose significance for the development of foreign economic cooperation between China and other countries is very large. The adoption of these acts reaffirm the Chinese leadership in the fight against inflation in recent years turned into a serious problem, and illustrate the next steps of policy implementation to optimize the structure of foreign investment, announced at the 17 th CPC Congress. So, in order. Eighth of July 2008 the Committee of China Development and Reform Commission issued the Notice on further steps to strengthen and streamline regulations projects involving foreign capital. " The Notice stated that despite the efforts in 2004, steps to reform the investment system of the PRC (1), in the use of


foreign investment there are violations. Most of all violations noted in the construction and misuse of foreign capital, importing large amounts of currency in the form of investment under the fictitious projects, overstatement of investment in creating the company, imports of capital in order to benefit from the appreciation of RMB, etc.  Notice introduces line of work to strengthen the monitoring and regulation of foreign investment: 1. Mandatory prior approval of the draft in the organs of the Committee on Development and Reform Commission (CRC) to the creation of the company. Any projects involving foreign capital - mutual and contractual joint ventures, companies with 100% foreign capital companies, control of which a foreign investor acquires a result of absorption and / or acquisition of shares stationed overseas - should be before the filing of documents for the establishment of the company to undergo the procedure harmonization in the organs of the CRE, the central or provincial, depending on the scale of investment. 2. Increasing control reliability and completeness of the materials of investment projects. In agreeing CRE authorities should pay special attention to the scale of investments estimated cost of works presented, involving necessary specialized evaluation organization. Also need to carefully check the information about the investor, not allowing the import of capital with an unclear history, do not satisfy the requirements. 3. Implementation of the system of separation of powers depending on the scale of investment projects. Projects of the "promoted" and "permissive" for the best-management sectors for investment of foreign capital with a total investment of over U.S. $ 100 million and projects from the restrictive list with a total investment of over U.S. $ 500 million to considered the central apparatus of the Committee on Development and Reform Commission, drafts of chapters with less investment - local CRE, and projects of the "restrictive" section are coordinated with the authorities not below the provincial level, and authority for coordination can not be transferred to lower administrative levels. 4. Organizing system of regulation of new projects involving foreign capital, strict matching conditions of each project. CRE bodies are obliged to carefully study the package of documents aimed at harmonizing the project, including supporting material, these projections and assessments on environmental safety, energy efficiency and resource intensity, interact with the local Ministry of Land Resources, Ministry of Commerce, Ministry of Construction, customs, foreign exchange controls , the tax authorities to implement comprehensive control over the project with the participation of foreign capital. 5. Improved monitoring and supervision of projects using foreign capital. Once agreed, the project should monitor its implementation if it is found that carried out the project does not match its description in the package of documents on the basis of which agreement was obtained, for example, because of the filing of false records or submission of a single project in the form of several small, unrelated with each other projects, it is necessary to take measures, including shutting down operations. Less than a week later, July 14, 2008 came into force on the "Rules on-line verification of export currency earnings, published on July 2 that year, the State Administration of currency control of China, Ministry of Commerce of the PRC, General Administration of Customs of China. The Rules had been introduced a licensing procedure for the exchange of foreign currency earnings to the Yuan RMB, and mandatory registration and declaration of participants of foreign exchange export earnings. On the same day the State Administration exchange control of China was published Notice "On measures to implement the" Regulations on-line verification of export currency earnings, establishing rules and procedures to implement the document. Since July 14, revenue from foreign trade agreements comes not to the settlement accounts of companies, and the special accounts for verification of foreign exchange earnings. Upon receipt of funds from abroad to Yuan RMB is not allowed to exchange the entire amount of incoming foreign currency, and some of its parts, whose size is determined by the exchange control authorities for each type of foreign trade operations. The rest of the currency is exchanged for Yuan RMB after the exported goods from the customs territory of the PRC, which is determined by the export customs declaration.

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