Help me to figure out what is happening in terms of getting money out of China.
Help me figure out what is happening with getting money out of China.

Regular readers of our blog probably know that our basic mantra about getting money out of China is that if you have consistently follow all of China’s laws, it ought to be no problem. Not true lately.

In the last week or so, our China lawyers have probably received more “money problem” calls than in the year before that. And unlike most of these sorts of calls, the problems are brand new to us. It has reached the point that yesterday I told an American company (waiting for a large sum in investment funds to arrive from China) that two weeks ago I would have quickly told him that the Chinese company’s excuse for being unable to send the money was a ruse, but with all that has been going on lately, I have no idea whether that is the case or not.

So what has been going on lately?

Well if there is a common theme, it is that China banks seem to be doing whatever they can to avoid paying anyone in dollars. We are hearing the following:

1. Chinese investors that have secured all necessary approvals to invest in American companies are not being allowed to actually make that investment. I mentioned this to a China attorney friend who says he has been hearing the same thing. Never heard this one until this month.

2. Chinese citizens who are supposed to be allowed to send up to $50,000 a year out of China, pretty much on questions asked, are not getting that money sent. I feel like every realtor in the United States has called us on this one. The Wall Street Journal wrote on this yesterday. Never heard this one until this month.

3. Money will not be sent to certain countries deemed at high risk for fake transactions unless there is conclusive proof that the transaction is real — in other words a lot more proof than required months ago. We heard this one last week regarding transactions with Indonesia, from a client with a subsidiary there. Never heard this one until this month.

4. Money will not be sent for certain types of transactions, especially services, which are often used to disguise moving money out of China illegally. This is not exactly new, but it appears China is cracking down on this. For what is ordinarily necessary to get money out of China for a services transaction, check out Want to Get Paid by a Chinese Company? Do These Three Things.

5. Get this one: Money will not be sent to any company on a services transaction unless that company can show that it does not have any Chinese owners. The alleged purpose behind this “rule” is again to prevent the sort of transactions ordinarily used to illegally move money out of China. Never heard this one until this month.

What are you seeing out there? No really, what are you seeing out there? Let’s make this a forum for trying to figure out what is happening.

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Dan Harris

I am a founder of Harris Bricken, an international law firm with lawyers in Los Angeles, Portland, San Francisco, Seattle, China and Spain.

I mostly represent companies doing business in emerging market countries. It has taken me many years to build my network and it takes constant communication and travel to maintain it. My work has been as varied as securing the release of two improperly held helicopters in Papua New Guinea, setting up a legal framework to move slag from Canada to Poland’s interior, overseeing hundreds of litigation and arbitration matters in Korea, helping someone avoid terrorism charges in Japan, and seizing fish product in China to collect on a debt.

I was named as one of only three Washington State Amazing Lawyers in International Law, I am AV rated by Martindale-Hubbell Law Directory (its highest rating), I am rated 10.0 by AVVO.com (its highest rating), and I am a SuperLawyer.

I am a frequent writer and public speaker on doing business in Asia and I constantly travel between the United States and Asia. I most commonly speak on China law issues and I am the lead writer of the award winning China Law Blog (www.chinalawblog.com). Forbes Magazine, Fortune Magazine, the Wall Street Journal, Investors Business Daily, Business Week, The National Law Journal, The Washington Post, The ABA Journal, The Economist, Newsweek, NPR, The New York Times and Inside Counsel have all interviewed me regarding various aspects of my international law practice.

I am licensed in Washington, Illinois, and Alaska.

In tandem with the international law team at my firm, I focus on setting up/registering companies overseas (via WFOEs, Rep Offices or Joint Ventures), drafting international contracts (NDAs, OEM Agreements, licensing, distribution, etc.), protecting IP (trademarks, trade secrets, copyrights and patents), and overseeing M&A transactions.

  • Harold Janson

    Things are actually getting rather bad now. They are looking for any possible excuse to refuse exchanges and will haggle over the amount you are trying to exchange. In Beijing I have already seen flat out refusals for no reason. Just wall of silence and next number when met with a customer wanting to exchange more than a few thousand dollars worth.

    It’s getting worse.

  • Jeff Holtmeier

    I had my partner in our Shenzhen office call banks and inquire about any new restrictions, and we were informed that the same protocol applies. We also found this link: http://gold.hexun.com/2016-01-13/181771994.html that implies via the whisper network the State Administration of Foreign Exchange Bank received “verbal guidance” from government that in the near future manage the RMB capital account net outlflow, reducing the offshore renminbi positions and liquidity in a effort to protect the further devaluation of the Yuan.

  • James

    I had more trouble than usual buying USD recently from Bank of China. They will no longer sell USD unless you have booked the transaction one day in advance even if they have the USD cash on hand in their branch. I will still able to get it the next day and it wasn’t a large amount but my experience aligns with what I am hearing and reading.

  • neroden

    China’s Central Committee is quite serious about implementing capital controls, which is actually sound economic policy advised by the best economists such as Krugman.

    Except it turns out to be very hard to actually *enforce* capital controls, and they haven’t been enforcing them before, so the bureaucrats are overreacting to their new orders and are entrapping people who are well within the capital controls in the net. This probably isn’t the intent of the central government, but it’s what you’d expect the lower-level bureaucrats to do.

  • Nile Chai

    If we want our information safe, VPN is a choice, just like express VPN, nillink VPN