法律法規/其他綜合/中華人民共和國國務院命令(附英文)
【標題】：中華人民共和國國務院命令(附英文)
【頒佈方】：國務院
【頒佈日期】：19790909
【實施日期】：19790909
【類別】：其他綜合
【內容】：國和國人附中人令和人務中務和附務和【章名】 全文
為執行中美兩國政府於今年五月十一日簽訂的關於解決資產要求的協議，保障我國有關單位和個人的合法權益，現發佈命令如下：
一、凡屬國家機關、國營企業、事業單位，包括團體、學校等被美國政府凍結的資產，國務院授權中國銀行代表他們，在美國政府按照中美兩國政府的協議宣佈解凍後，向美方債務人辦理有關被美國政府凍結資產的收回或提取事項。
二、原私營工商企業和公私合營的工商企業，經過多年的社會主義改造，已經按不同行業，分別改組或合併為國營工商企業，國務院決定，授權中國銀行全權代表他們辦理有關被美國政府凍結資產的收回或提取事項。上述被凍結資產收回或提取後，由中國銀行按照我國有關法令，同有關單位進行結算。
三、對於被凍結的我國國民的個人資產，為了便於同美方債務人進行聯繫，保障其合法權益，國務院授權中國銀行對外辦理收回或提取手續。此項被凍結的個人資產收回或提取後，由中國銀行按我國有關法令進行支付。
四、自本命令發佈之日起，任何單位或個人未經中國銀行同意，不得提取、出售或轉移其被美國政府凍結的一切資產。
【名稱】 DECREE OF THE STATE COUNCIL OF THE PEOPLE’S REPUBLIC OF CHINA
【題注】
【章名】 Important Notice: (注意事項)
英文本源自中華人民共和國務院法制局編譯, 中國法制出版社出版的《中華人民共和國涉外法規彙編》(1991年7月版).
當發生歧意時, 應以法律法規頒佈單位發佈的中文原文為准.This English document is coming from "LAWS AND REGULATIONS OF THEPEOPLE’S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)which is compiled by the Brueau of Legislative Affairs of the StateCouncil of the People’s Republic of China, and is published by the ChinaLegal System Publishing House.In case of discrepancy, the original version in Chinese shall prevail.
【章名】 Whole Document (法規全文)DECREE OF THE STATE COUNCIL OF THE PEOPLE’S REPUBLIC OF CHINA(Issued on September 9, 1979)A decree is hereby issued to execute the agreement signed by theGovernment of the People’s Republic of China and the Government of theUnited States of America on May 11 this year concerning the settlement onclaims/assets, and to protect the legitimate rights and interests of theChinese units and individuals concerned:1. As regards the assets belonging to state organs, stateownedenterprises, public institutions, including organizations and schools,frozen by the U.S. government, the State Council authorizes the Bank ofChina to act on their behalf to approach the debtors on the U.S. side andhandle the affairs of recovering or with drawing the said assets frozen bythe U.S. government as soon as the U.S. government has declared theunfreezing in accordance with the Sino-U.S. agreement.2. As regards the former private industrial and commercial enterprises andstate-private joint industrial and commercial enterprises which, afteryears of socialist transformation, have now been transformed, according totheir lines of business, into or merged with state-owned industrial andcommercial enterprises, the State Council has made the decision toauthorize the Bank of China to act as their plenipotentiary to handle theaffairs of recovering or withdrawing the assets belonging to them andfrozen by the U.S. government. When the said frozen assets have beenrecovered or withdrawn, the Bank of China shall settle the accounts withthe units concerned in accordance with the relevant laws and decrees ofChina.3. As regards the frozen personnal assets belonging to Chinese nationals,for the convenience of making contacts with the debtors on the U.S. sideand protecting the legitimate rights and interests of the owners, theState Council authorizes the Bank of China to complete the formalities forrecovering or withdrawing the said frozen assets abroad. When the saidfrozen personal assets have been recovered or withdrawn, the Bank of Chinashall effect the payments in accordance with the relevant laws and decreesof China.4. As of the date of the issuance of the present decree, no units orindividuals have the right to withdraw, sell or transfer their assetsfrozen by the U.S. government without the consent of the Bank of China.
d commercial enterprises andstate-private joint industrial and commercial enterprises which, afteryears of socialist transformation, have now been transformed, according totheir lines of business, into or merged with state-owned industrial andcommercial enterprises, the State Council has made the decision toauthorize the Bank of China to act as their plenipotentiary to handle theaffairs of recovering or withdrawing the assets belonging to them andfrozen by the U.S. government. When the said frozen assets have beenrecovered or withdrawn, the Bank of China shall settle the accounts withthe units concerned in accordance with the relevant laws and decrees ofChina.3. As regards the frozen personnal assets belonging to Chinese nationals,for the convenience of making contacts with the debtors on the U.S. sideand protecting the legitimate rights and interests of the owners, theState Council authorizes the Bank of China to complete the formalities forrecovering or withdrawing the said frozen assets abroad. When the saidfrozen personal assets have been recovered or withdrawn, the Bank of Chinashall effect the payments in accordance with the relevant laws and decreesof China.4. As of the date of the issuance of the present decree, no units orindividuals have the right to withdraw, sell or transfer their assetsfrozen by the U.S. government without the consent of the Bank of China.
【時效】：
【序號】：1228