SAFE Significantly Eases Restrictions On Cross-Border Security and Guarantees

China's foreign exchange authority has significantly eased restrictions on cross-border security and guarantees, a much-anticipated and game-changing development that opens the door to many previously prohibited or otherwise impractical financing structures.

Overview -

On 19 May 2014, the State Administration of Foreign Exchange of the PRC ("SAFE") formally issued the Foreign Exchange Administration Rules on Cross-border Security and its corresponding implementation guidelines (Hui Fa [2014] No. 29) (collectively, the "New Regulations"). Among the most exciting changes is that the New Regulations, which come into effect on 1 June 2014, will allow domestic onshore entities and individuals in China to grant security and provide guarantees to offshore creditors ("Outbound Security") without the need for SAFE approval. Prior to the New Regulations, the provision of Outbound Security was subject to SAFE's review of whether a set of onerous requirements had been satisfied, including those relating to the principal debtor's profitability and the security provider's net assets position, total foreign currency revenues, and affiliation with the principal debtor. In many cases, these requirements effectively rendered Outbound Security arrangements prohibited or at least impractical....

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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