Article 2 The term "cross-border guarantee" as mentioned in these Provisions refers to the legally binding guarantee made by the guarantor to the creditor, which promises to fulfill the relevant payment obligations in accordance with the guarantee contract, and may lead to international payment transactions such as cross-border receipt and payment of funds or cross-border transfer of asset ownership.
Article 3 According to the registered place of the parties to the guarantee, cross-border guarantee can be divided into internal guarantee and external loan, external guarantee and internal loan, and other forms of cross-border guarantee.
Domestic insurance and foreign loans refer to cross-border guarantees in which the guarantor is registered in China and the debtor and creditor are registered abroad.
Foreign guarantees and domestic loans refer to cross-border guarantees in which the guarantor is registered abroad and the debtor and creditor are registered in China.
Other forms of cross-border guarantee refer to other cross-border guarantee situations except the above-mentioned internal guarantee, external guarantee and domestic loan.
Article 4 The State Administration of Foreign Exchange and its branches (hereinafter referred to as the foreign exchange bureaus) shall be responsible for supervising all kinds of cross-border guaranteed international payments transactions.
Article 5 When providing or accepting cross-border guarantees, domestic institutions shall abide by the laws and regulations of the state and the provisions of the competent departments of industries, and go through relevant foreign exchange management procedures in accordance with these provisions.
All parties to the cross-border guarantee business shall abide by business ethics and be honest and trustworthy.
Article 6 Foreign exchange bureaus shall register and manage domestic insurance, foreign loans and domestic loans.
Domestic institutions handling domestic insurance and foreign loans shall register domestic insurance and foreign loans in accordance with the requirements of these Provisions; If the domestic insurance and overseas loans registered with the foreign exchange bureau are guaranteed, the guarantor can handle them by himself; After the performance of the guarantee, the foreign creditor's rights shall be registered according to the requirements of these regulations.
Domestic institutions handling foreign insurance and domestic loan business shall meet the relevant conditions stipulated in these Provisions; For foreign-guaranteed domestic loans registered by the foreign exchange bureau, creditors can handle the collection related to guarantee performance by themselves; After the performance of the guarantee, the domestic debtor shall go through the foreign debt registration formalities according to the requirements of these Provisions.
Article 7 Domestic institutions providing or accepting other forms of cross-border guarantees shall abide by the relevant foreign exchange control regulations. Article 8 When handling the domestic insurance and foreign loan business, the guarantor may sign the domestic insurance and foreign loan contract on his own under the premise of observing the national laws and regulations, the provisions of the industry authorities and the provisions on foreign exchange management.
Article 9 After signing the contract of domestic insurance and foreign loan, the guarantor shall register the domestic insurance and foreign loan according to the following provisions.
If the guarantor is a bank, the guarantor shall submit the relevant data of domestic insurance and overseas loan business to the foreign exchange bureau through data interface procedures or other means.
If the guarantor is a non-bank financial institution or enterprise (hereinafter referred to as a non-bank institution), it shall go through the registration formalities for signing the domestic insurance and foreign loan at the local foreign exchange bureau within 15 working days after the signing of the guarantee contract. If the main terms of the guarantee contract are changed, the registration formalities for the change of the domestic insurance and foreign loan contract shall be handled.
The foreign exchange bureau shall, according to the principle of truthfulness and compliance, examine the application for registration of non-bank guarantor and go through the registration formalities.
Article 10 As guarantors, banks and non-bank financial institutions shall have corresponding guarantee business qualifications in accordance with the provisions of the competent department of industry.
Article 11 The use of domestic insurance and foreign loan funds shall meet the following requirements:
(1) The funds under domestic insurance and foreign loans can only be used for related expenses within the normal business scope of the debtor, and may not be used to support the debtor to engage in related transactions outside the normal business scope, or to fabricate trade background for arbitrage or other forms of speculative transactions.
(2) Without the approval of the foreign exchange bureau, the debtor may not directly or indirectly transfer the funds under the guarantee back to China for use through borrowing from China, equity investment or securities investment.
Article 12 When handling domestic insurance and foreign loan business, the guarantor shall review the debtor's subject qualification, the use of funds under the guarantee, the source of expected repayment funds, the possibility of performance guarantee and related transaction background, conduct due diligence on whether it complies with relevant laws and regulations at home and abroad, and supervise the debtor to use the funds under the guarantee in an appropriate way.
Article 13 After the payment responsibility of the guarantor for domestic insurance and foreign loans expires, the guarantor shall go through the cancellation registration procedures for domestic insurance and foreign loans after the debtor pays off the guaranteed debts or performs the guarantee obligations.
Article 14 If the guarantor is a bank, it can make external payment under the letter of guarantee.
If the guarantor is a non-bank institution, he can directly go to the bank to purchase foreign exchange with the guarantee registration documents and make external payment under the guarantee performance. Before the foreign debtor pays off the debts owed to the domestic guarantor due to the guarantor's performance, the guarantor shall suspend the signing of new domestic insurance and overseas loan contracts without the approval of the foreign exchange bureau.
Article 15 Where a domestic guarantor or counter-guarantor becomes a foreign creditor, it shall go through the formalities for registration of foreign creditor's rights in accordance with regulations.
Article 16 Domestic individuals may act as guarantors and refer them to non-bank institutions for domestic insurance and overseas loans. Article 17 When a domestic non-financial institution borrows money from a domestic financial institution or obtains a credit line, it may accept the guarantee provided by an overseas institution or individual and sign a foreign insurance loan contract on its own, but it shall meet the following conditions:
(1) The debtor is a non-financial institution registered and operated in China;
(2) The creditor is a financial institution registered and operated in China;
(3) The subject matter of guarantee is local and foreign currency loans (excluding entrusted loans) or binding credit lines provided by financial institutions;
(4) The form of guarantee complies with domestic and foreign laws and regulations.
Without approval, domestic institutions may not handle foreign-related insurance and domestic loan business outside the above scope.
Article 18 When domestic debtors engage in foreign-related insurance and domestic loan business, domestic financial institutions that issue loans or provide credit lines shall submit relevant data of foreign-related insurance and domestic loan business to the foreign exchange bureau in a centralized manner.
Article 19. If a performance guarantee occurs in the foreign insurance and domestic loan business, the domestic debtor shall suspend the signing of a new foreign insurance and domestic loan contract without the approval of the foreign exchange bureau before paying off the debt to the overseas guarantor; If a foreign insurance and domestic loan contract has been signed, but the withdrawal has not been made or the withdrawal has not been fully made, the domestic debtor shall suspend the new withdrawal without the approval of the local foreign exchange bureau.
The outstanding principal balance of foreign debts formed by domestic debtors due to guarantee performance under foreign insurance and domestic loans shall not exceed the audited net assets at the end of last year.
When a domestic debtor applies to a creditor for handling foreign insurance and domestic loan business, it shall truthfully and completely provide the creditor with the debt default, foreign debt registration and debt settlement of the foreign insurance and domestic loan business it handles.
Article 20 Where the domestic loan business involves overseas performance guarantee, the domestic debtor shall go through the formalities of short-term foreign debt signing registration and relevant information filing with the local foreign exchange bureau. The foreign exchange bureau shall check the compliance of the debtor's foreign insurance and domestic loan business after the foreign debt signing registration. Article 21 The foreign exchange bureau shall not examine the legality of the security interests created by the guarantor. The parties to the guarantee shall confirm by themselves that the contents of the guarantee contract conform to the relevant laws and regulations at home and abroad and the provisions of the competent authorities of the industry.
Article 22 Where there are restrictions or procedural provisions on foreign exchange management of cross-border receipts and payments and transactions between guarantors and creditors due to the provision of mortgage, pledge and other property rights guarantees, such provisions shall apply.
Article 23 When the guarantor and the creditor belong to domestic or overseas, or the place where the security interest is registered (or the place where the property is located or the source of income), and one of the guarantor and the creditor belongs to domestic or overseas, the domestic guarantor or the domestic creditor shall go through the relevant foreign exchange management procedures according to the following provisions:
(1) When at least two of the guarantor, the place where the creditor is registered or the place where the security interest is registered (or the place where the property is located and the source of income) belong to domestic and foreign countries, the way for the guarantor to realize the security interest shall comply with the provisions of relevant laws and regulations.
(2) Unless otherwise specified, the guarantor or creditor may apply directly to the domestic bank when applying for remittance or collection of the proceeds from the disposal of the secured property; After the bank examines the authenticity and compliance of the guarantee performance and keeps the necessary materials, the guarantor or creditor can handle the relevant foreign exchange purchase, settlement and cross-border revenue and expenditure.
(3) If there is a transfer of ownership of the relevant secured property between the guarantor and the creditor, and it is necessary to go through the foreign exchange registration of cross-border investment according to the regulations, the parties concerned shall go through the relevant registration or change procedures.
Article 24 Where a guarantor provides a real right guarantee to a creditor for a third-party debtor, which constitutes a domestic loan or a foreign loan, it shall go through the guarantee registration formalities in accordance with the relevant provisions of domestic loans or foreign loans, and abide by the relevant provisions.
If the real right guarantee registered by the foreign exchange bureau is not established according to law for any reason, the guarantor shall go to the foreign exchange bureau to cancel the relevant registration. Article 25 Domestic institutions providing or accepting other forms of cross-border guarantees other than domestic insurance, foreign loans and domestic loans may sign cross-border guarantee contracts by themselves on the premise of observing domestic and foreign laws and regulations and these Provisions. Unless otherwise stipulated by the foreign exchange bureau, other forms of cross-border guarantees between the guarantor and the debtor do not need to be registered or filed with the foreign exchange bureau.
Domestic institutions can handle other forms of cross-border guarantees and perform their own guarantees. Where the foreign creditor's rights and debts under the guarantee need to be approved or approved in advance, or the foreign creditor's rights and debts change due to the performance of the guarantee, the relevant approval or registration procedures shall be handled according to the regulations.
Article 26 Domestic debtors may directly apply to the bank for handling the external payment guarantee fee according to the relevant provisions on foreign exchange management of service trade.
Article 27 A guarantor and a debtor may not sign a cross-border guarantee contract when they know or should know that the performance of the guarantee obligation is inevitable.
Article 28 When a guarantor, debtor or creditor applies to a domestic bank for cross-border guaranteed purchase, payment and settlement of foreign exchange, the domestic bank shall conduct due diligence review on the background of cross-border guaranteed transactions to ensure that the guarantee contract complies with China laws and regulations and these Provisions.
Article 29 The examination and approval, registration or filing of cross-border guarantee contracts by foreign exchange bureaus and other management matters and requirements stipulated in these Provisions do not constitute effective elements of cross-border guarantee contracts.
Article 30 The foreign exchange bureau shall regularly analyze the overall situation of domestic insurance, foreign loans and domestic loans, and pay close attention to the impact of cross-border guarantees on the balance of payments.
Article 31 The foreign exchange bureau shall inspect the cross-border guarantee business of domestic institutions, and the guarantor and domestic banks shall provide relevant information as required by the foreign exchange bureau. For those who fail to handle cross-border guarantee business according to these regulations and relevant regulations, the foreign exchange bureau will punish them according to the Regulations of People's Republic of China (PRC) on Foreign Exchange Control.
Article 32 In order to ensure the balance of international payments, the State Administration of Foreign Exchange may adjust the management methods of cross-border guarantees in a timely manner.
Article 33 The State Administration of Foreign Exchange shall be responsible for the interpretation of these Provisions.