People's Bank of China, Measures for the Administration of Renminbi Settlement Matters Relating to Foreign Direct Investment

中国人民银行外商直接投资人民币结算业务管理办法

November 08, 2011 | BY

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More outbound cross-border Rmb investments expected from FDI earnings.

Clp Reference: 2300/11.10.13 Promulgated: 2011-10-13 Effective: 2011-10-13

Issued: October 13 2011
Effective: as of date of issuance
Interpreting authority: People's Bank of China

Applicability: These Measures shall govern the handling of renminbi settlement matters relating to foreign direct investment by banks (Article 2). In the event of a discrepancy between these Measures and previous relevant provisions, these Measures shall prevail (Article 30).

Main contents: When a foreign enterprise, economic organisation or individual (hereinafter collectively referred to as “Foreign Investor”) wishes to carry out the procedures for renminbi settlement matters relating to foreign direct investment, it may, in accordance with provisions for the administration of bank settlement accounts, apply to open a renminbi settlement account for a foreign institution. In accordance with the principle of the dedicated use of dedicated accounts, a dedicated renminbi startup cost deposit account and a dedicated renminbi reinvestment deposit account shall be opened and renminbi startup cost funds relating to an investment project and renminbi funds derived from profit distribution, liquidation, capital reduction, equity transfer, early recovery of investment, etc. that are to be used for domestic reinvestment shall be deposited into such accounts respectively. Cash receipt and payment may not be carried out through such accounts (Article 5). Where a Foreign Investor wishes to remit the renminbi profits it has earned out of China, the bank may directly carry out the procedures after examining the relevant materials, such as the profit disposal resolution of the foreign-invested enterprise and proof of payment of taxes (Article 12).

Related legislation: PRC People's Bank of China Law (Amended), Dec 27 2003; and Measures for the Administration of Renminbi Settlement Accounts, Apr 10 2003

clp reference:2300/11.10.13prc reference:人民银行公告〔2011〕第23号promulgated:2011-10-13effective:2011-10-13

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