深圳经济特区外贸出口调节基金管理办法

颁布日期：19940129 　实施日期：19940129 　颁布单位：深圳市人民政府
Promulgated¹ by the People‘s Government of Shenzhen Municipality on May 20th 1992 and emended on Jan 29th 1994.

　　Article 1　These measures are formulated² for the purposes of promoting　development of export-oriented economy of Shenzhen Economic Special Zone（hereinafter referred to as the “Special Zone” ）， building up the energies of foreign-trade enterprises of the Special Zone and strengthening management of the Fund for export adjustment on foreign trade.

　　Article 2　All kinds of foreign-trade enterprises ，who carry　the export plan for foreign trade of Shenzhen Municipality， shall turn in the overall insurance at the rate of 5 cent（RMB） of each dollar for actual amount of exports as the Fund for export adjustment on foreign trade of Shenzhen Municipality （hereinafter referred to as the Fund） to the Bureau of Trade Development of Shenzhen Municipality.

　　Any enterprise in the preceding clause exporting agricultural and sideline products shall be exempted³ from overall insurance.

　　Article 3　The overall insurance turned in by a enterprise shall be listed for payout in the subject of “profit and loss for current year” or “profit” of the enterprise and be turned in to the municipal Bureau of Trade Development twice each year.

　　Article 4　The Fund shall be deposited in private account of the municipal Bureau of Trade Development and be earmarked

　　To turn in and use of the Fund shall be under the supervision⁴ of the Bureau of Finance of Shenzhen Municipality. The municipal Bureau of Trade Development shall workout the monthly Fund table and refer to the Bureau of Finance of Shenzhen Municipality for records each quarter.

　　Article 5　Any enterprise listed in the article 2 of these measures may apply to the municipal Bureau of Trade Development for using the Fund if

　　（1） lacking of circulating capital for directly doing ocean trade or barter⁵ trade；

　　（2） lacking temporarily of capital for constructing oversea network；

　　lacking of capital for developing the goods supply base for ocean trade.

　　Article 6　Any necessary expenses paid by the foreign trade competent authority for developing ocean market may be paid out from the Fund.

　　Article 7　Any enterprise using the Fund shall pay the charge for impropriation of capital to the municipal Bureau of Trade Development.

　　The Proportion of charge for impropriation of capital shall be lower than the rate of bank loan in the same kind and the same period.

　　The charge for impropriation of capital shall be rolling reckoned in the Fund except for necessary management fees taken in by the municipal Bureau of Trade Development.

　　Article 8　The municipal Bureau of Trade Development may set up the specialized⁶ institutions to undertaking⁷ routine work of the Fund.

　　Article 9　Any enterprise shall refer the following materials to the municipal Bureau of Trade Development or its specialized institutions for applying for using the Fund：

　　（1）the application for using the Fund；

　　（2）the Contract on Ocean Trade or Barter Trade；

　　（3）the materials of feasibility analysis of project and its certificate；

　　（4）the recent management situation of the enterprise ；

　　（5）the plans of financing and repaying.

　　Article 10 Any enterprise who is approved to using the Fund shall sign the Contract on Using the Fund with the municipal Bureau of Trade Development or its specialized institutions and shall using the funds strictly⁸ according to the provisions of Contract.

　　Article 11 if the enterprise falls into one of the following actions， the municipal Bureau of Trade Development shall take back the fund， and makes the punishments to the enterprise such as a written criticism， stops making the planning quota⁹ or cancels its right of import and export businesses and investigate into legal liability of concerned personnel　according to laws：

　　（1） to acquire fund usufruct　through cheating or other unjustified practices；

　　（2） to use funds without authorization¹⁰ of the municipal Bureau of Trade Development or in violation¹¹ of provisions of the Contract.

　　Article 12 Any enterprise who is approved to use the Fund shall report regularly　in written to the municipal Bureau of Trade Development about the circumstances of using of funds and receive the inspection¹² and supervision according to the provisions by the municipal Bureau of Trade Development.

　　Article 13　Any enterprise dissatisfying with the decision of administrative¹³ penalty by the municipal Bureau of Trade Development，　shall apply to the People‘s Government of Shenzhen Municipality for reconsideration within fifteen days upon the date receiving the Decision .

　　In case the enterprise objects to the punishment on canceling the power of management over import and export businesses， it may file a lawsuit¹⁴ before a people's court according to laws.

　　Article 14　These regulations shall come into force on the date of their promulgation¹⁵.