双边投资条约转移条款是保护投资者的资金转移自由和东道国维护金融秩序之间的重要工具,因此成为投资条约中最难达成一致的核心条款。中国投资条约实践中的投资转移条款与发达国家的缔约实践既存在很大相似性,也存在一定的差异。在今后的投资条约缔结活动,特别是与美国投资条约谈判中,中国应根据本国资本市场发展、汇率政策和参与国际投资活动的战略,积极稳妥地推进投资转移条款的完善。 Bilateral investment treaty transfer provisions to protect investors freedom of funds transfer and the host country to maintain financial order between the important tool, it became the most difficult to reach an agreement in the core investment treaty. The investment transfer clauses in the practice of China’s investment treaties have not only great similarities but also some differences with the conventions of developed countries. In the future investment treaty conclusion activities, especially in the negotiations with the United States investment treaty, China should actively and steadily promote the improvement of investment transfer provisions in accordance with its own capital market development, exchange rate policy and its strategy of participating in international investment activities.