Measures for the Supervision and Administration of Overseas Investment by Central Enterprises
Measures for the State-owned Assets Supervision and Administration Commission of the State Council (SASAC) and developers and contractors that are central state-owned enterprises (CSOEs).
Offers specific measures to bolster SASAC's supervision, management, and promotion of overseas activities by CSOEs.
SASAC should:
- Improve legal compliance, financial supervision, assessment and allocation, audit inspections, and risk detection.
CSOEs should:
- Ensure investments suit their own capital strength, financing ability, industry experience, management level, and ability to manage risks.
- Comply with the laws, regulations, rules, and cultural customs of China and host countries.
- Develop an overseas investment management system with the following elements:
- Basic principles and decision-making procedures to follow.
- Departments and decision-making bodies with relevant responsibilities defined by CSOEs.
- A negative list system for projects; an information management system.
- A risk management and control system.
- A system for investment projects that have been completed, suspended, terminated, or withdrawn.
- A post-project evaluation system.
- An accountability system for investment violations; and an authorization, supervision, and management system for activities of the affiliated companies.
CSOEs should:
- Establish a pre-investment decision-making risk assessment system.
- Entrust an independent third-party consulting agency to conduct a comprehensive assessment of the political, economic, social, cultural, market, legal, policy, and other risks of host countries for major projects.
- Strengthen public relations with the government, media, companies, communities, and other sectors of society in host countries.
- Actively fulfill their social responsibilities.
- Focus on cross-border cultural integration.
- Submit an annual report covering the progress of overseas investment projects, their impacts, and suggestions to address major problems to SASAC.
CSOEs should:
- Establish and improve overseas investment management systems to clarify investment decision-making procedures; regulate behavior; and strengthen risk monitoring, management, and control.
- Utilize the professional services of domestic and foreign intermediaries to conduct in-depth feasibility studies and improve decision-making.
- Carry out the necessary due diligence and asset appraisal or valuation procedures for equity investment projects.
- Report to SASAC for an investor review for overseas investment projects listed in the special supervision category of the negative list. Submit the following materials:
- A report on the project investment.
- Relevant decision-making documents of their company.
- The project feasibility study report.
- The project financing plan.
- The risk prevention and control report.
- Establish and implement an evaluation and accountability system for overseas investment projects.
SASAC should:
- Publish a negative list of overseas investment projects of central SOEs.
- Determine which projects are prohibited or require special supervision.
- Randomly supervise and inspect the decision-making, implementation, and impacts of major projects.
SASAC and CSOEs should jointly:
- Establish an investment information system covering monitoring, analysis, and management of projects and their risks in real time.
China
Global
January 2017
State-owned Assets Supervision and Administration Commission of the State Council (SASAC)