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Author of this article: Zhihui 2017-08-18
National Development and Reform Commission、Ministry of Commerce、People's Bank of China、The Ministry of Foreign Affairs issued the "Guiding Opinions on Further Guiding and Regulating the Direction of Overseas Investment",Restricted real estate、Hotel、Cinema、Entertainment Industry、Sports clubs and other overseas investments。
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Forwarded by the State Council to the National Development and Reform Commission、Ministry of Commerce、People's Bank of China、Notice of the Ministry of Foreign Affairs on Further Guiding and Regulating the Direction of Overseas Investment。mentioned in it,Overseas investments restricted by domestic enterprises include: real estate、Hotel、Cinema、Entertainment Industry、Sports clubs and other overseas investments;Establishing overseas equity investment funds or investment platforms without specific industrial projects。also mentioned,Focus on promoting overseas investment in infrastructure that is conducive to the construction of the “Belt and Road” and the interconnection of surrounding infrastructure,Steady development drives advantageous production capacity、Overseas investment in exporting high-quality equipment and technical standards, etc.。

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Provinces、Autonomous Region、Municipality People's Government,Ministries and Commissions of the State Council、Directly affiliated organizations:

National Development and Reform Commission、Ministry of Commerce、People's Bank of China、The Ministry of Foreign Affairs’ “Guiding Opinions on Further Guiding and Regulating the Direction of Overseas Investment” has been approved by the State Council,Now forwarding to you,Please implement it carefully。

General Office of the State Council

August 4, 2017

Guidance on further guiding and regulating the direction of overseas investment

In recent years,The pace of overseas investment by Chinese enterprises has accelerated significantly,Significant improvement in scale and efficiency,To promote related products、Technology、Service "Going Global",Promote domestic economic transformation and upgrading,Deepen mutually beneficial cooperation with relevant countries,188bet app Played an important role in promoting the construction of the “Belt and Road” and carrying out international production capacity cooperation。The current international and domestic environment is undergoing profound changes,There are good opportunities for Chinese enterprises to invest overseas,Also facing many risks and challenges。To strengthen macro guidance for overseas investment,Further guide and regulate the direction of overseas investment,Promote the sustained, reasonable, orderly and healthy development of overseas investment,Effectively prevent various risks,Better adapt to the needs of national economy and social development,The following opinions are hereby given:

1. Guiding ideology

Comprehensive implementation of the 18th National Congress of the Communist Party of China and the Third Central Committee of the 18th Central Committee、Green、Fifth Middle School、Spirit of the Sixth Plenary Session,In-depth implementation of the spirit of General Secretary Xi Jinping’s series of important speeches and new concepts, new thoughts and new strategies in governance,Earnestly implement the Party Central Committee、Decision-making and deployment of the State Council,Coordinate and promote the "Five-in-One" overall layout and coordinate the promotion of the "Four Comprehensives" strategic layout,Adhere to the people-centered development idea,Adhere to the general tone of the work of seeking progress while maintaining stability,Firmly establish and implement innovation、Coordination、Green、Open、Shared development concept,Resolutely pursue an open strategy of mutual benefit and win-win,Continuously create more comprehensive、Go deeper、More diverse opening-up pattern,Taking supply-side structural reform as the main line,Led by the “Belt and Road” construction,Deepen the reform of overseas investment systems and mechanisms,Further guide and standardize the direction of overseas investment of enterprises,Promote enterprises to carry out overseas investment activities in a reasonable and orderly manner,Prevent and respond to overseas investment risks,Promote the sustainable and healthy development of overseas investment,Achieve mutual benefit and win-win results with the investment destination country、Common development。

2. Basic principles

——Adhere to the corporate entity。In the field of overseas investment, give full play to the decisive role of the market in resource allocation and better play the role of the government,With enterprises as the 188bet app download main body、Market-oriented,Carry out overseas investment in accordance with commercial principles and international practices,Enterprises make independent decisions under the guidance of the government、Responsible for profits and losses、At your own risk。

——Insist on deepening reform。Innovative system and mechanism,Improving the level of overseas investment facilitation,In-depth promotion of streamlining administration and delegating power、Combining decentralization and management、Optimize service reform,Adhere to the overseas investment management method based on the registration system,Implement a managed market-oriented operation mechanism under the capital account,Guide and regulate the direction of overseas investment of enterprises according to the "encouraged development + negative list" model。

——Adhere to mutual benefit and win-win results。Guide enterprises to fully consider the national conditions and actual needs of the investment destination country,Focus on mutually beneficial cooperation with local governments and enterprises,Create good economic and social benefits,Promote mutual benefit、Win-win cooperation。

——Insist on preventing risks。Adhere to the general tone of the work of seeking progress while maintaining stability,Coordinate the overall national economic and diplomatic strategy,Adhere to legal compliance,Reasonably grasp the key points and rhythm of overseas investment,Actively prepare overseas investment in advance、In progress、Post-event supervision,Effectively prevent various risks。

3. Overseas investment encouraged

Support those who are capable within the country、Enterprises with qualified conditions actively and steadily carry out overseas investment activities,Promote the construction of “One Belt, One Road”,Deepen international production capacity cooperation,Promote domestic advantageous production capacity、High quality equipment、Applicable technology output,Improve my country’s technology research and development and manufacturing capabilities,Make up for the shortage of energy resources in our country,Promote the quality and upgrading of my country's related industries。

(1) Focus on promoting overseas investment in infrastructure that is conducive to the construction of the “Belt and Road” and the interconnection of surrounding infrastructure。

(2) Steady development to drive advantageous production capacity、Overseas investment in exporting high-quality equipment and technical standards。

(3) Strengthen investment cooperation with overseas high-tech and advanced 188bet online sports betting manufacturing enterprises,Encourage the establishment of R&D centers overseas。

(4) Properly participate in overseas oil and gas on the basis of prudent evaluation of economic benefits、Exploration and development of minerals and other energy resources。

(5) Focus on expanding agricultural foreign cooperation,Carry out mutually beneficial investment cooperation in agriculture, forestry, animal husbandry, sideline fishery and other fields。

(6) Promote trade in an orderly manner、Culture、Overseas investment in logistics and other service fields,Support qualified financial institutions to establish overseas branches and service networks,Conduct business in compliance with laws and regulations。

IV. Restricted overseas investments

Restricting domestic enterprises from carrying out diplomatic policies related to the country’s peaceful development、Overseas investment that is inconsistent with the mutually beneficial and win-win opening strategy and macro-control policies,Includes:

(1) Going to my country without establishing diplomatic relations、Overseas investment in sensitive countries and regions that are subject to restrictions due to war or bilateral and multilateral treaties or agreements concluded by our country。

(2) Real Estate、Hotel、Cinema、Entertainment Industry、Sports clubs and other overseas investments。

(3) Establishing overseas equity investment funds or investment platforms without specific industrial projects。

(4) Using backward production equipment that does not meet the technical standards of the investment destination country to carry out overseas investment。

(5) Not in line with the environmental protection of the country of investment、Energy consumption、Overseas investment with safety standards。

Among them, the first three categories must be approved by the overseas investment authorities.

5. Prohibited overseas investments

Domestic enterprises are prohibited from participating in overseas investments that endanger or may endanger national interests and national security,Includes:

(1) Overseas investment involving the export of core technologies and products of the military industry without state approval。

(2) Use of technologies prohibited from export in my country、Craft、Overseas investment in products。

(3) Overseas investment in gambling, pornography and other industries.

(4) Overseas investments prohibited by international treaties that my country has concluded or participated in。

(5) Other overseas investments that endanger or may endanger national interests and national security。

6. Safeguard Measures

(1) Implementation of classification guidance。Encouraged overseas investment,To be paid in tax、Forex、Insurance、Customs、Further improve service levels in information and other aspects,Create better convenience conditions for enterprises。Restricted overseas investments,Enterprises should be guided to participate prudently,And give necessary guidance and tips based on the actual situation。Prohibited overseas investments,Practical and effective measures must be taken to strictly control。

(2) Improve the management mechanism。Strengthening the authenticity of overseas investment、Compliance Review,Prevent false investment behavior。Establishing an overseas investment blacklist system,Implement joint punishment for illegal investment behaviors。Establish an inter-department information sharing mechanism。Guide domestic enterprises to strengthen supervision and management of overseas enterprises they control,Establish and improve overseas investment decisions、Financial management and violation liability accountability system。Establishing a capital system for overseas investment of state-owned enterprises。Improving the audit system for overseas investments of state-owned enterprises,Maintaining the safety of overseas state-owned assets。

(3) Improve service level。Develop codes of conduct for overseas investment and operations,Guide enterprises to establish and improve overseas compliance operation risk review、Management, control and decision-making system,In-depth understanding of overseas investment cooperation policies, regulations and international practices,Comply with local laws and regulations,Legal business。Strengthen investment protection with relevant countries、Finance、Mechanized cooperation in personnel exchanges and other aspects,Create a good external environment for enterprises to invest overseas。Support domestic asset evaluation、Legal Services、Accounting Services、Tax Service、Investment Consultant、Design consultation、Risk Assessment、Certification、Development of arbitration and other related intermediary institutions,Provide marketization for enterprises’ overseas investment、Socialization、International business consulting services,Reducing corporate overseas investment and operation risks。

(4) Strengthening security。Regularly publishes the "Country Investment and Operation Facilitation 188bet online sports betting Status Report",Strengthen the guidance and supervision of enterprises investing in high-risk countries and regions,Timely warning and notification of relevant national politics、Major economic and social risks,Propose response plans and preventive measures,Effectively safeguard the legitimate rights and interests of Chinese enterprises overseas。Urge enterprises to carry out safety risk assessments for overseas projects,Predict and respond to project safety risks,Establish a sound security system,Strengthen security training,Improve enterprises’ overseas investment security risk prevention capabilities。

Regions、All departments must follow the requirements of this opinion,Reasonably grasp the direction and focus of overseas investment,Effectively strengthen organizational leadership and overall coordination,Implement work responsibilities,hurry up the formulation and introduction of supporting policies and measures,Solidly advance related work,Ensure effective results。

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