中国国家发展改革委于8月21日发布《对外投资管理办法(修订征求意见稿)》,征求意见时间为8月21日至9月20日1。此次修订配合7月1日起实施的《国务院关于对外投资的规定》,首次将管理对象从企业扩展到其他组织和居民个人1。
针对居民个人投资者,意见稿明确其核准机关为国家发改委,备案机关为户籍所在地或经常居住地的省级发改部门1。同时,通过合格境内机构投资者、港股通、跨境理财通等在境外金融市场投资不需要核准、备案、报告1。此外,中方投资额1亿美元及以上或项目关乎中国与有关国家外交关系的投资者,应当在开展重要前期工作的10个工作日前提交对外投资前期工作情况报告1。
China's National Development and Reform Commission (NDRC) released the draft revised Measures for the Administration of Outbound Investment for public comment on August 21, 2024 1. The public consultation period runs from August 21 to September 20, 2024 1. This revision marks the first time the regulatory scope has been expanded beyond enterprises to encompass other organizations and resident individuals 1. Under the new draft, resident individuals are required to obtain approval or complete filing procedures before making outbound investments 1. The NDRC will act as the approval authority for these individuals, while provincial-level development and reform departments in the individual's household registration area or habitual residence will be responsible for the filing process 1.
The draft also strengthens the overseas risk reporting system and outlines specific exemptions and reporting requirements for outbound investments 1. Investments made in overseas financial markets through channels such as Qualified Domestic Institutional Investors, the Stock Connect, and the Cross-boundary Wealth Management Connect are exempt from approval, filing, and reporting obligations 1. However, investors with a Chinese investment amount of 100 million U.S. dollars or more, or those engaged in projects related to China's diplomatic relations with other countries, must submit a report on the preliminary work of the outbound investment 10 working days before starting significant preliminary activities 1. These updates follow the implementation of the State Council's Provisions on Outbound Investment, which officially took effect on July 1 1.
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