Circular of the China Banking and Insurance Regulatory Commission on Issuing the Administrative Measures for Cases Involving Criminal Offenses for Banking and Insurance Institutions (for Trial Implementation)
Circular of the China Banking and Insurance Regulatory Commission on Issuing the Administrative Measures for Cases Involving Criminal Offenses for Banking and Insurance Institutions (for Trial Implementation)
Circular of the China Banking and Insurance Regulatory Commission on Issuing the Administrative Measures for Cases Involving Criminal Offenses for Banking and Insurance Institutions (for Trial Implementation)
Yin Bao Jian Fa [2020] No.20
May 22, 2020
Banking and insurance regulatory bureaus, policy banks, large banks, joint-stock banks, foreign-funded banks, financial asset management companies, insurance group (holding) companies, insurance companies, insurance asset management companies, specialized insurance intermediaries, and entities administrated by the China Banking and Insurance Regulatory Commission,
The Administrative Measures for Cases Involving Criminal Offenses for Banking and Insurance Institutions (for Trial Implementation) (the "Measures") are hereby issued to you for compliance and implementation.
As of the effective date of the Measures, the Circular of the China Banking Regulatory Commission on Issuing Three Sets of Rules for Handling Cases Involving Banking Financial Institutions (Yin Jian Fa [2010] No.111), the Circular of the China Banking Regulatory Commission on Revising the Definition and Classification of Cases Involving Banking Financial Institutions (Yin Jian Fa [2012] No.61), the Circular of the General Office of the China Banking Regulatory Commission on Issues concerning the Reporting of Information on Banking Cases (Risks) (Yin Jian Ban Fa [2012] No.102), the Circular of the General Office of the China Banking Regulatory Commission on Issuing the Interim Administrative Measures for Accountability Work of Cases Involving Banking Financial Institutions (Yin Jian Ban Fa [2013] No.255), the Circular of the General Office of the China Banking Regulatory Commission on Issuing the Measures for the Handling of Major Cases under Public Supervision and the Handling of Cases (Risks) under Graded Inspection and Guidance (Yin Jian Ban Fa [2014] No.208), the Circular of the General Office of the China Banking Regulatory Commission on Matters relating to Admonitory Interviews on Major Cases (Risks) in the Banking Sector (Yin Jian Ban Fa [2015] No.154), the Circular of the China Insurance Regulatory Commission on Establishing the Reporting System for Judicial Cases on Insurance (Bao Jian Fa [2009] No.81), and the Circular on Strengthening the Processing of Information on Insurance Cases (Bao Jian Ting Fa [2014] No.37) shall be abolished simultaneously.
Administrative Measures for Cases Involving Criminal Offenses for Banking and Insurance Institutions (for Trial Implementation)
Chapter I General Provisions
Article 1 The Measures are formulated in accordance with the Banking Regulation Law of the People's Republic of China, the Law of the People's Republic of China on Commercial Banks, the Insurance Law of the People's Republic of China, and other laws and regulations to further standardize and strengthen the management of cases involving criminal offenses for banking and insurance institutions (the "cases"), establish a working mechanism featuring clear responsibility and orderly coordination, and dispose of cases in accordance with the law and in a timely and reliable manner.
Article 2 For the purpose of the Measures, banking and insurance institutions include banking institutions and insurance institutions.
Banking institutions refer to commercial banks, rural cooperative banks, rural credit cooperatives, village and town banks, and other financial institutions which absorb public deposits and policy banks as established in accordance with the law within the territory of the People's Republic of China.
Insurance institutions refer to insurance group (holding) companies, insurance companies, and insurance asset management companies established in accordance with the law within the territory of the People's Republic of China.
The Measures shall apply to financial asset management companies, trust companies, financial companies, financial leasing companies, and other financial institutions approved by the China Banking and Insurance Regulatory Commission (the "CBIRC") as established in accordance with the law within the territory of the People's Republic of China.
The Measures shall apply to specialized insurance intermediaries.
Article 3 For the purpose of the Measures, case management work includes case classification, information submission, case disposal, and supervision and management.
Article 4 Case management work adheres to the principles of institutions taking the lead, territorial supervision, hierarchical responsibility, and classified investigation and punishment.
Article 5 Banking and insurance institutions shall undertake primary responsibility for case management, have in place a case management system that is commensurate with their own asset size, business complexity and internal control and management requirements, and formulate and effectively execute their own case management rules.
Article 6 The CBIRC is responsible for guiding and supervising the case management work of CBIRC local offices (the "local offices") and banking and insurance institutions, for the investigation and punishment of cases involving corporate headquarters of banking and insurance institutions under the direct supervision of the CBIRC, and for information technology development and statistical analysis for the management of cases involving banking and insurance institutions.
The case management department of the CBIRC may directly investigate and punish cases under the jurisdiction of local offices, or designate local offices to investigate and punish cases under the jurisdiction of the CBIRC.
Article 7 The provincial offices of the CBIRC (the "banking and insurance regulatory bureaus") shall be responsible for the case management work within their respective jurisdictions in accordance with the principle of territorial supervision, and shall undertake the relevant work authorized or designated by the CBIRC.
Article 8 Banking and insurance institutions, the CBIRC and its local offices shall accurately classify cases as required, and distinguish between different types of cases for investigation and punishment.
Chapter II Definition and Classification of Cases and Information Submission
Article 9 Cases are classified into insider-related cases and outsider-related cases.
Article 10 Insider-related cases refer to criminal cases implemented by a banking or insurance institution and its practitioners independently or jointly with others, which have infringed upon the legitimate rights and interests of the banking or insurance institution or its clients and which have been filed by the public security, judicial, or supervisory organs for investigation and punishment.
For criminal cases that have been filed by public security, judicial, or supervisory organs for investigation and punishment, if the banking or insurance institution and its practitioners are not suspected of criminal offenses but violate laws and regulations in the cases, and such violations have a direct causal relationship with the cases, such cases shall be managed as insider-related cases.
For criminal cases that have been filed by public security, judicial, or supervisory organs for investigation and punishment, if the practitioners of the banking or insurance institution obtain credit from such institution by illegally using important blank vouchers, seals, and business premises of such institution to participate in illegal fundraising activities, and if the practitioners of the insurance institution carry out illegal fundraising activities through fictitious insurance contracts, such cases shall be managed as insider-related cases.
Article 11 Outsider-related cases refer to criminal cases that have been filed by public security or judicial organs for investigation and punishment, and in which entities and personnel other than banking and insurance institutions directly use the products and service channels of banking and insurance institutions to seriously infringe upon the legitimate rights and interests of such institutions or clients by fraud, theft, robbery, or otherwise, or endanger the safety of the premises of such institutions and the personal safety of their practitioners and clients by violence or otherwise within the premises of such institutions.
Article 12 A case falling under any of the following circumstances will be deemed as a major one:
1.
......
Yin Bao Jian Fa [2020] No.20
May 22, 2020
Banking and insurance regulatory bureaus, policy banks, large banks, joint-stock banks, foreign-funded banks, financial asset management companies, insurance group (holding) companies, insurance companies, insurance asset management companies, specialized insurance intermediaries, and entities administrated by the China Banking and Insurance Regulatory Commission,
The Administrative Measures for Cases Involving Criminal Offenses for Banking and Insurance Institutions (for Trial Implementation) (the "Measures") are hereby issued to you for compliance and implementation.
As of the effective date of the Measures, the Circular of the China Banking Regulatory Commission on Issuing Three Sets of Rules for Handling Cases Involving Banking Financial Institutions (Yin Jian Fa [2010] No.111), the Circular of the China Banking Regulatory Commission on Revising the Definition and Classification of Cases Involving Banking Financial Institutions (Yin Jian Fa [2012] No.61), the Circular of the General Office of the China Banking Regulatory Commission on Issues concerning the Reporting of Information on Banking Cases (Risks) (Yin Jian Ban Fa [2012] No.102), the Circular of the General Office of the China Banking Regulatory Commission on Issuing the Interim Administrative Measures for Accountability Work of Cases Involving Banking Financial Institutions (Yin Jian Ban Fa [2013] No.255), the Circular of the General Office of the China Banking Regulatory Commission on Issuing the Measures for the Handling of Major Cases under Public Supervision and the Handling of Cases (Risks) under Graded Inspection and Guidance (Yin Jian Ban Fa [2014] No.208), the Circular of the General Office of the China Banking Regulatory Commission on Matters relating to Admonitory Interviews on Major Cases (Risks) in the Banking Sector (Yin Jian Ban Fa [2015] No.154), the Circular of the China Insurance Regulatory Commission on Establishing the Reporting System for Judicial Cases on Insurance (Bao Jian Fa [2009] No.81), and the Circular on Strengthening the Processing of Information on Insurance Cases (Bao Jian Ting Fa [2014] No.37) shall be abolished simultaneously.
Administrative Measures for Cases Involving Criminal Offenses for Banking and Insurance Institutions (for Trial Implementation)
Chapter I General Provisions
Article 1 The Measures are formulated in accordance with the Banking Regulation Law of the People's Republic of China, the Law of the People's Republic of China on Commercial Banks, the Insurance Law of the People's Republic of China, and other laws and regulations to further standardize and strengthen the management of cases involving criminal offenses for banking and insurance institutions (the "cases"), establish a working mechanism featuring clear responsibility and orderly coordination, and dispose of cases in accordance with the law and in a timely and reliable manner.
Article 2 For the purpose of the Measures, banking and insurance institutions include banking institutions and insurance institutions.
Banking institutions refer to commercial banks, rural cooperative banks, rural credit cooperatives, village and town banks, and other financial institutions which absorb public deposits and policy banks as established in accordance with the law within the territory of the People's Republic of China.
Insurance institutions refer to insurance group (holding) companies, insurance companies, and insurance asset management companies established in accordance with the law within the territory of the People's Republic of China.
The Measures shall apply to financial asset management companies, trust companies, financial companies, financial leasing companies, and other financial institutions approved by the China Banking and Insurance Regulatory Commission (the "CBIRC") as established in accordance with the law within the territory of the People's Republic of China.
The Measures shall apply to specialized insurance intermediaries.
Article 3 For the purpose of the Measures, case management work includes case classification, information submission, case disposal, and supervision and management.
Article 4 Case management work adheres to the principles of institutions taking the lead, territorial supervision, hierarchical responsibility, and classified investigation and punishment.
Article 5 Banking and insurance institutions shall undertake primary responsibility for case management, have in place a case management system that is commensurate with their own asset size, business complexity and internal control and management requirements, and formulate and effectively execute their own case management rules.
Article 6 The CBIRC is responsible for guiding and supervising the case management work of CBIRC local offices (the "local offices") and banking and insurance institutions, for the investigation and punishment of cases involving corporate headquarters of banking and insurance institutions under the direct supervision of the CBIRC, and for information technology development and statistical analysis for the management of cases involving banking and insurance institutions.
The case management department of the CBIRC may directly investigate and punish cases under the jurisdiction of local offices, or designate local offices to investigate and punish cases under the jurisdiction of the CBIRC.
Article 7 The provincial offices of the CBIRC (the "banking and insurance regulatory bureaus") shall be responsible for the case management work within their respective jurisdictions in accordance with the principle of territorial supervision, and shall undertake the relevant work authorized or designated by the CBIRC.
Article 8 Banking and insurance institutions, the CBIRC and its local offices shall accurately classify cases as required, and distinguish between different types of cases for investigation and punishment.
Chapter II Definition and Classification of Cases and Information Submission
Article 9 Cases are classified into insider-related cases and outsider-related cases.
Article 10 Insider-related cases refer to criminal cases implemented by a banking or insurance institution and its practitioners independently or jointly with others, which have infringed upon the legitimate rights and interests of the banking or insurance institution or its clients and which have been filed by the public security, judicial, or supervisory organs for investigation and punishment.
For criminal cases that have been filed by public security, judicial, or supervisory organs for investigation and punishment, if the banking or insurance institution and its practitioners are not suspected of criminal offenses but violate laws and regulations in the cases, and such violations have a direct causal relationship with the cases, such cases shall be managed as insider-related cases.
For criminal cases that have been filed by public security, judicial, or supervisory organs for investigation and punishment, if the practitioners of the banking or insurance institution obtain credit from such institution by illegally using important blank vouchers, seals, and business premises of such institution to participate in illegal fundraising activities, and if the practitioners of the insurance institution carry out illegal fundraising activities through fictitious insurance contracts, such cases shall be managed as insider-related cases.
Article 11 Outsider-related cases refer to criminal cases that have been filed by public security or judicial organs for investigation and punishment, and in which entities and personnel other than banking and insurance institutions directly use the products and service channels of banking and insurance institutions to seriously infringe upon the legitimate rights and interests of such institutions or clients by fraud, theft, robbery, or otherwise, or endanger the safety of the premises of such institutions and the personal safety of their practitioners and clients by violence or otherwise within the premises of such institutions.
Article 12 A case falling under any of the following circumstances will be deemed as a major one:
1.
......