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What is the procedure for dealing with non-trade investment abroad?
(01/15/2003)

The procedure:

If the Chinese investment in the project is less than $1 million USD, the sponsor unit shall prepare a project proposal for the examination and approval of the appropriate bureau. Upon approval, the project proposal shall be submitted to Shanghai Foreign Economy & Trade Commission for approval and sent to the Chinese Embassy quartered abroad for advice. Only when the final approval is secured can the unit prepare a feasibility study report, the initial contract and articles and submit them to the higher level. The Shanghai Foreign Economy & Trade Commission shall transfer all documents mentioned above to the Ministry of Foreign Economy & Trade for approval and the certificate. (The inspection of the foreign exchange exposure and the source of funds of the investment abroad go to the Shanghai Branch of the National Foreign Exchange Control Bureau.).The foreign economy & trade Commission, within 15 working days, shall complete the transfer of the documents.
In case the Chinese investment in the project is over $ 1 million (including $ 1 million), the project proposal and feasibility study report shall be submitted to the National Planning Commission for approval after the inspection by Shanghai Planning Commission.

If the Chinese investment in the foreign processing trade project is less than $ 3 million USD, the project proposal and the feasibility study report shall be submitted to National Economy & Trade Commission for approval by Shanghai Economy Commission after the joint inspection by Shanghai Economy Commission and Shanghai Foreign Economy & Trade Commission. The Ministry of Foreign Economy & Trade shall conduct the examination and approval of the contract and articles of the enterprise transferred by the Shanghai Foreign Economy & Trade Commission and issue a Certificate of Approval of Foreign Processing Trade. The Foreign Economy & Trade Commission, within 10 working days, shall complete the transferring of the documents.

Materials required to be submitted:

1. Appropriate materials for external projects.
(1) The project proposal and feasibility study report for the external project.
(2) The Chinese-foreign equity joint contract for the external equity joint venture. (the initial version)
(3) The approval of Chinese enterprises for external enterprise.
(4) The article of the external enterprise (the initial version).
(5) The background of the equity joint partners and their credentials.
(6) Advice on the foreign exchange exposure from the department for foreign exchange control

2.  Appropriate materials of the sponsor unit from the country where the project is originating.
(1) The business license of the sponsor unit.
(2) The report of import and export conditions in recent years of the sponsor unit and the conditions for export of the main products which will be produced by the sponsor unit in the external project.
(3) The director's resolution of a joint stock company.
(4) The annual report for the last year of the sponsor unit and the auditor's report issued by a registered account office.
(5) The resumes of all persons in charge of processing and assembling the materials of the project, provided by the investor.