About print and distribute" small and medium-sized foreign trade enterprises financing guarantee special fund management Interim Measures".

Financial [2009] 160

The provinces, autonomous regions, municipalities directly under the central government, cities specifically designated in the state plan, Xinjiang production and Construction Corps, general office of finance ( bureau ), the competent commerce department:

    To implement the State Council on further stabilize external demand policy measures, support guarantee agencies to expand the small and medium-sized foreign trade enterprises financing guarantee business, alleviate the problem of financing of small and medium-sized foreign trade enterprises,we developed a" small and medium-sized foreign trade enterprises financing guarantee special fund management Interim Measures", now print and distribute to you, please comply with to carry out.

    Ministry of Finance ,  Ministry of Commerce

    August 7th 2009

 

 

Attachment:

Small and medium-sized foreign trade enterprises Interim Measures for the administration of special funds for financing guarantee

 

    Chapter 1 General Rules

    Article1 To support guarantee agencies to expand the small and medium-sized foreign trade enterprises financing guarantee business, alleviate the problem of financing of small and medium-sized foreign trade enterprises, the central government arranged special funds for financing guarantee for small and medium-sized foreign trade enterprises (hereinafter referred to as special funds). In order to regulate the administration of special funds, improve efficiency in the use of funds, according to” the budget law of the peoples Republic of China" and its detailed rules for the implementation, this provision is formulated.

    Article 2 Terms of the medium and small foreign trade enterprise in this provision refers to the previous year or this year small and medium-sized enterprises have the export performance.

    Article 3 Special fund management and use should follow the principle of open and transparent, directional use, scientific management, to strengthen the supervision, to ensure the efficient use of funds.

 

    Chapter 2 Supportive Objects and Methods

    Article 4 Special fund is used to encourage guarantee agencies to provide financing guarantee business for small and medium sized foreign trade enterprises.

    Article 5 To apply for special funds, the guarantee agencies must have the following qualifications:

    (1) Established in accordance with the law, which has an independent legal representative qualification.

    (2) A sound financial management system, the extraction, management and use of various reserves according to the provisions.

    (3) The accounting credit, tax credit and good bank credit.

    Article 6 Special funds to take three ways to support:

    (1 ) To encourage the guarantee agencies provide financing services for small and medium-sized foreign trade enterprises, financing guarantee business of guarantee agencies for small and medium sized foreign trade enterprise, in accordance with not more than 2% of the guaranteed amount for the grant funding.

    (2) To encourage guarantee agencies to provide low rate of guarantee service, in the premise of not increasing the cost of other standards, to reward the guarantee agencies which provide the small and medium sized foreign trade enterprise financing guarantee business and its guarantee rate is lower than the banks’ the benchmark lending rate by 50% in the same period, the reward ratio is does not exceed the difference between actual guarantee rate and the bank loans benchmark interest rate 50%.

    (3) Support the areas with less-developed credit guarantee, the government invest to the establishment of guarantee agencies, to develop the small and medium-sized foreign trade enterprises financing guarantee business, in accordance with no more than 30% local government investment subsidy. The investment for helping support the establishment of guarantee intuitions, does not exceed 30% of the total amount of the special funds of central government for local.

 

    Chapter 3 Funds Audit and Appropriation

    Article 7 The Ministry of Finance jointly with the Ministry of Commerce in accordance with the method of factors, in a comprehensive consideration of the conditions of various regions, small and medium-sized foreign trade enterprises and foreign trade export quantity, guarantee service, to allocate the special funds to the provinces, autonomous regions, municipalities directly under the central government, municipalities and Xinjiang production and Construction Corps finance department ( hereinafter referred to as the provincial finance departments ), one-off issue capital budget index and appropriate funds.

    Article 8 Each provincial competent finance and commerce department study and formulate the actual local fund use plan and specific methods of operation according to the budget funds issued by the Ministry of Finance issued and the related requirements, and, and to report to the Ministry of Finance and the Ministry of Commerce for the record within 1 month since this provision issued.
    Article 9 The provincial competent commerce departments jointly with the provincial finance departments in accordance with the principle of territoriality quarterly organize special fund project reporting and audit, put forward the fund use plan.The provincial finance department is responsible for arranging the special funds budget, to review the fund use plan reported by the provincial competent departments of Commerce, quarterly go through the procedures for special funds appropriation, allocate the funds to the guarantee agencies within 1 month since one quarter is finished. Meanwhile Cc the Appropriation of documents to the Ministry of Finance and the Ministry of commerce.

    Article10 As support method in article sixth (1) and (2) in this provision, guarantee agencies use the received special funds to compensate the compensation losses; as support method in article sixth (3), special fund as national capital to invest into guarantee agencies.

    Chapter 4 Supervision and Management

    Article 11 The Ministry of finance, the Ministry of Commerce make a spot check on the special fund management and use. Local finance and business departments shall strengthen supervision and inspection on the local special funds management and use.

    Article 12 Provincial finance and competent commerce departments should create written materials quarterly for use of special funds, policy implementation effect, existing problems, and report to the Ministry of Finance and the Ministry of commerce within 1 month and a half since one quarter is finished.
    Article 13 Special funds are used for the fixed purpose, no unit or individual is allowed to, once found to stay, intercept, occupy special funds in false defrauding means, the Ministry of finance will recover the arranged special funds, and in accordance with the regulation on "penalties and sanctions against Illegal Fiscal Acts" (State Council Order No. 427)’s related stipulation to carry on processing.

 

    Chapter 5 Supplementary Articles

    Article14 This provision will be implemented since the date of circulation. 
    Article15 The Ministry of Finance jointly with the Ministry of Commerce shall be responsible for the interpretation of this provision.