关于2004年境外投资联合年检和综合绩效评价工作有关事项的通知 Circular on Issues concerning the Joint Annual Inspection and Compre

he special Annual Inspection Seal stamped on， then give the Annual Inspection Certificate to the investors.

　　（5） After the annual inspection work is finished， email the data files composed by the overseas investment comprehensive performance evaluation system to the Ministry of Commerce at pengnanfeng@mofcom.gov.cn ； and then email the annual inspection result （the grade of overseas enterprises） to the Ministry of Commerce at lijian@mofcom.gov.cn.

　　6. Sum-up of the annual inspection work

　　On the basis of the inspection result， the annual inspectors shall carefully summarize relevant information of overseas investment and draft the annual inspection work report. The local commerce authorities or headquarters of enterprises directly under the central government shall submit their work report to the Ministry of Commerce before Jun 30th， 2004. The local foreign exchange authorities shall submit their work report and the Basic Information Sheet of the Joint Annual Inspection of Overseas Investment （which may be downloaded from the website of SAFE： www.safe.gov.cn） to State Administration of Foreign Exchange before Jun 30th， 2004.

　　7. The Cross-check and sharing of annual inspection data

　　The local commerce authority and foreign exchange authority shall provide to each other and cross check the annual inspection data summary.

　　8. Management of Archives

　　Relevant documents in the 2003 and 2004 annual inspections shall be kept in the domestic investors' corresponding files under the category of overseas enterprise or that of foreign exchange for overseas investment， and managed by the local commerce authorities and foreign exchange authorities. All written documents will be kept for as long as 3 years.

　　9. Punishments to Enterprises not Attending the Inspection

　　After the annual inspection is completed， the local commerce authorities and foreign exchange authorities shall focus on penalizing， according to relevant provisions， those investors within their jurisdiction that are involved in unlawful overseas investment or failur

e to fulfill their obligation of being supervised and regulated. Domestic investors that have gone through foreign exchange registration procedures for overseas investment， or approval procedures for the establishment of overseas enterprises， but did not take part in the 2004 annual inspection， shall be dealt with differently depending on their specific circumstances. Refer to Annex 1 for the detailed principles for dealing with these enterprises.

　　10. Make-up Examination and Approval Procedures

　　Those domestic investors that have invested abroad without duly going through domestic approval procedures can apply for make-up examination and approval to the local commerce authority and foreign exchange authority after participating in the 2004 joint annual inspection and comprehensive performance evaluation. The Annual Inspection Certificate for the concerned year shall be attached in the application. Refer to Annex 2 for the specific make-up examination and approval procedures for the establishment of overseas enterprises.

　　11. For questions concerning the 2004 joint annual inspection， please contact （the Department of Foreign Economic Cooperation of） the Ministry of Commerce， or （the Department of Capital of） the State Administration of Foreign Exchange. Contact person： （Ministry of Commerce） Lijian and Pengnanfeng Telephone ： 010-65197482 Fax ： 010-65197481 ； （State Administration of Foreign Exchange） Ma Shaobo and Feng Yanqiu Telephone ： 010-68402252 Faxes： 010-68402253.

　　The Circular is hereby publicized.

　　Annexes：

　　1. Principles for Dealing with Enterprises not Attending the Annual Inspection

　　2. Make-up Procedures of Domestic Authorities for the Establishment of Overseas Enterprises

　　3. Basic Information Sheet of the Joint Annual Inspection of Overseas Investment （omitted）

　　4. Annual Inspection Report （omitted）

　　Annex 1：

　　Principles for Dealing with Enterprises not Attending the Annual Inspection

　　1. For those overseas enterprises which have been liquidated or withdrawn their overseas staffs and stopped any substantive business activities though unliquidated， the local commerce administration shall nullify their approval certificates， while the local foreign exchange authority shall cancel their foreign exchange registration records for overseas investment and urge them to transmit their income after liquidation or remaining assets back to China. When going through procedures to cancel foreign exchange registration records， domestic investors shall deliver the following documents： a written application； liquidation report should the concerned overseas enterprises be liquidated； financial statements should the overseas enterprises have withdrawn their overseas staffs and stopped their substantive business activities but have not been liquidated.

　　2. For those overseas enterprises which still have not started any business activities after completing the approval procedures for the establishment of overseas enterprises for 2 years， no local commerce administrations shall handle formalities to extend the validity of their approval certificates. The local foreign exchange authorities shall cancel their foreign exchange registration records for overseas investment.

　　3. For those overseas enterprises which have not attended the 2004 annual inspection unjustifiably， the local commerce administrations and foreign exchange authorities shall keep a close watch on them， list these overseas enterprises and their corresponding domestic investors， and copy the list to the Ministry of Commerce and State Administration of Foreign Exchange. The competent authorities in charge of commercial affairs and foreign exchange shall grant no overseas investment related preferential policies to them within 3 years starting from the year when the enterprises should have attended the inspection. Before their misconducts are sett

led， approval will not be granted to any of their new overseas investment.

　　Annex 2：

　　Make-up Procedures of Domestic Authorities for the Establishment of Overseas Enterprises

　　1. For those overseas enterprises which have completed the procedures for the registration of foreign exchange for overseas investment， but which have not gone through approval procedures for the establishment of overseas enterprises， the commerce authorities shall give them an opportunity to go through the make-up procedures for the approval of the establishment of overseas enterprises according to relevant regulations， and copy the approval documents to the competent authority in charge of foreign exchange.

　　2. For those overseas enterprises which have got the approval for the establishment of overseas enterprises but have not gone through the procedures for the registration of foreign exchange for overseas investment， the foreign exchange authorities shall give them an opportunity to go through the make-up registration procedures in line with the provision of the Circular of the State Administration of Foreign Exchange on Issues concerning Deepening the Reform on the Administration of foreign exchange for Overseas Investment （Huifa [2003] No. 120）。

　　3. Those overseas enterprises which have gone through neither the approval procedures for the establishment of overseas enterprises nor the procedures for the registration of foreign exchange for overseas investment， shall apply to the commerce authorities for their approval of the establishment of overseas enterprises first， and then to the foreign exchange authorities for going through the procedures for the registration of foreign exchange for overseas investment. In case more fund needs to be remitted abroad to the overseas enterprise to expand its capital base， before applying to the commerce authority for its approval of establishment of the overseas enterprise， the domestic investor shall first go to the foreign exchange authority for its examination of the sources of foreign exchange for overseas investment

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