英文: Measures on Purchasing and Exporting Domestic Products to Balance Foreign Exchange Income and Expens

Article 1 These measures are hereby formulated in accordance with the relevant provisions of the State Council for the purpose of facilitating enterprises with foreign investment to balance their foreign exchange income and expenses. Upon the approval of their application, the above-mentioned enterprises are allowed to purchase and export non-resultant domestic products so as to make up for their foreign exchange deficiencies.

Article 2 In principle, enterprises with foreign investment should balance their foreign exchange income and expenses by exporting the resultant products of their own enterprises. However, enterprises which have run into temporary difficulties in this regard may apply, within a certain period of time, for purchasing and exporting nonresultant domestic products (except those subject to unified handling under the State regulations) so as to balance their foreign exchange income and expenses.

Article 3 An enterprise with foreign investment which complies with Article 2 of the measures and which needs to purchase and export non-resultant domestic products to balance its foreign exchange income and expenses should first apply to the local provincial department of foreign economic relations and trade, stating the sum of foreign exchange and the corresponding sum of Renminbi yuan needed the very year to purchase domestic products for export, and their names, specifications and quantities and their export channels.

Article 4 The approved quantity of non-resultant domestic products to be purchased by an enterprise with foreign investment should be limited within the amount of foreign exchange needed to make up for what is needed in its production and operation of the year and in helping the foreign investor to remit its earned profits abroad or in its termination and liquidation.

Article 5 Enterprises with foreign investment which are approved to purchase and export non-resultant domestic products to balance their foreign exchange income and expenses should mainly purchase products manufactured in the provinces, autonomous regions or municipalities directly under the Central Government where they are located. If they need to purchase them in other provinces, they should first have the approval of the provincial-level department of the foreign economic relations and trade of the relevant provinces, autonomous regions and municipalities.

Article 6 The domestic products purchased by enterprises with foreign investment for export in order to balance the enterprises' foreign exchange income and expenses must be shipped out of China and sold abroad, and must not be re-sold within China.

Article 7 Enterprises with foreign investment which are approved to purchase non-resultant domestic products to balance their foreign exchange income and expenses may export the products by themselves or by China's foreign trade corporations as their agents.

Article 8 Apart from approving enterprises with foreign investment to purchase domestic products for export, the people's governments of all provinces, autonomous regions, municipalities directly under the Central Government and municipalities (regions) separately listed on the State plan may, with the prerequisite of fulfilling State export targets, organize export of their local products through specialized foreign trade companies. Of the foreign exchange thus earned and retained by localities in accordance with the relevant State regulations, some will go to the suppliers of the products according to the stipulated ratios and the rest may be used by local people's governments to balance the foreign exchange income and expenses among the enterprises with foreign investment under the supervision of the local foreign exchange control departments.

Article 9 With regard to the products to be purchased and exported by enterprises with foreign investment as mentioned in Article 3 of the measures, and those to be exported by people's governments of provinces, autonomous regions, municipalities directly under the Central Government and municipalities (regions) separately listed on the State plan as mentioned in Article 8, the purchase and export of those commodities which require State export licences or are subject to export quotas should be approved by the Ministry of Foreign Economic Relations and Trade. That of other commodities should be approved by provincial-level departments of foreign economic relations and trade and then be submitted to the Ministry of Foreign Economic Relations and Trade for record.

The above-mentioned approving departments should give replies for the applications within one month beginning from the date of receiving them. Among the approved export products, the export licences required for those that should be exported with licences should be issued in accordance with the Measures of the Ministry of Foreign Economic Relations and Trade on Applying for Import and Export Licences by Enterprises with Foreign Investment.

Article 10 These measures shall enter into force as of the date of promulgation.

Promulgated by The Ministry of Foreign Economic Relations and Trade on 1987-1-20

中文:关于外商投资企业购买国内产品出口解决外汇收支平衡的办法

第一条 根据国务院有关规定,为帮助外商投资企业求得外汇收支平衡,经申请批准,允许购买国内产品出口以弥补本企业的外汇缺额,特制订本办法。

第二条 外商投资企业原则上应通过出口本企业的产品,达到外汇收支平衡。对于暂时存在困难的外商投资的生产性企业,可以在一定期限内申请购买国内产品(国家规定统一经营的商品除外)出口,以解决本企业的外汇收支平衡。

第三条 凡符合本办法第二条规定的外商投资企业,如需要购买国内产品出口解决外汇收支平衡的,应事先向企业所在地的省级对外经济贸易部门提出申请,说明当年需要购买国内产品出口弥补所需的外汇额度和相应的人民币金额、申请购买国内产品的名称、规格和数量、出口渠道等。

第四条 外商投资企业经批准购买国内产品出口的数量,仅限于弥补企业当年生产经营所需要的外汇和外方投资者汇出分得的利润,或企业结业清算所需汇出的外汇。

第五条 外商投资企业经批准购买国内产品出口解决外汇收支平衡,主要应在企业所在的省、自治区、直辖市购买产品;如需跨省采购,应事前征得产地省级对外经济贸易部门同意。

第六条 外商投资企业经批准购买用于解决外汇收支平衡的国内产品,必须运往中国境外销售,不准在中国境内倒卖。

第七条 外商投资企业经批准购买用于解决外汇收支平衡的国内产品,本企业可以自行出口,也可以委托中国外贸公司代理出口。

第八条 除经批准由外商投资企业购买国内产品出口外,各省、自治区、直辖市、计划单列市(区)人民政府,在保证完成国家出口计划的前提下,可以通过有经营权的外贸公司组织本地区的产品出口,由此按照国家外汇留成规定所得的外汇额度,以规定比例给供货单位外,其余额,可以在当地外汇管理部门监管下,由地方人民政府专项用于调剂解决外商投资企业的外汇收支平衡。

第九条 本办法第三条规定的外商投资企业申请购买国内产品出口和第八条规定由省、自治区、直辖市、计划单列市(区)人民政府组织出口的产品,凡属于国家实行出口许可证管理的商品和国内有出口配额的商品,应报对外经济贸易部批准。其他商品由省级对外经济贸易部门批准,报对外经济贸易部备案。上述审批部门应在收到申请之日起一个月内给予批复。经批准出口的产品,凡属于实行许可证的商品,应按照《对外经济贸易部关于外商投资企业申领进出口许可证办法》办理出口许可证手续。

第十条 本办法自公布之日起施行。