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Central Bank: bank card clearing promote open markets
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June 7, China's central bank, the CBRC issued the bank card clearing agency management approach to attract more institutions to participate in market competition, improve bank card clearing services. Bank card clearing organization upon approval, to obtain bank card clearing business license according to law, specializing in bank card business, corporate liquidation.
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Foreign institutions to provide cross-border transactions of foreign currency bank card clearing service is  a) authorize a domestic acquirer or cooperation with domestic bank card clearing organization, a Bank cards issued outside the territory of use. (B) authorize a domestic issuer is limited to foreign currency bank cards issued overseas use.
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The following is the full text of approach:
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Bank card clearing agency management approach
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General Provisions
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The first is to promote China's banking card clearing market healthy development, standardize management bank card clearing organization, to protect the lawful rights and interests,adidas dragon, according to " eople's Republic of China People's Bank of China", "the State Council on the implementation of bank card clearing organization access management" (Guo Fa [2015] No. 22), to develop this approach.
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The second term of the bank card clearing organization upon approval, to obtain bank card clearing business license according to law, specializing in corporate bank card clearing services.
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Only cross-border transactions to provide foreign currency foreign institutional third bank card clearing services (hereinafter referred to as foreign institutions), can not in principle within the People's Republic of China to set up bank card clearing organization, but within the stable operation of the bank card clearing system or public confidence has important implications for pay, it should be established within the territory of People's Republic of China corporation,moncler outlet online, obtain bank card clearing business license according to law.
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Article bank card clearing organization shall comply with the National Security, National Cyber Security-related laws and regulations to ensure the safety of bank card clearing service infrastructure, stable and efficient operation. Bank card clearing service infrastructure should meet the requirements of national security protection, use by the State Password Administration Institution accredited commercial encryption products, in line with national standards and industry-related finance, and its core business systems can not be outsourced.
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Article safeguards for the security of financial information, bank cards issued in the territory of the territory, which should be related to transaction processing in bank card clearing service infrastructure done by.
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Article bank card clearing organizations and networks within the issuer or acquirer (hereinafter referred to as the network organization) bank card transaction clearing funds should be completed by domestic banks in RMB fund settlement for cross-border transactions of foreign currency bank card clearing services exceptions.
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Article bankcard clearing institutions and foreign institutions shall check the identity information obtained from the bank card clearing services, account information, transaction information, and other sensitive information and other relevant parties to maintain the confidentiality of financial information; laws and regulations except as otherwise provided, without authorization shall provide external parties.
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Bank card clearing organizations and foreign institutions to deal with cross-border transactions and bank cards by the parties authorized to collect or receive foreign issuers single transmission mechanism within the relevant personal financial information, should adopt effective measures to business rules and agreements, require foreign issuers personal financial information confidential for the institution or acquirer obtained.
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Article VIII bank card clearing agencies and foreign institutions shall comply with the relevant laws and regulations, follow the principle of good faith and fair competition, without prejudice to national interests and public interests.
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Article IX bankcard clearing institutions and foreign institutions shall comply with anti-money laundering and anti-terrorist financing laws and regulations to fulfill anti-money laundering and anti-terrorist financing obligations.
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Bank card bank card clearing agency for cross-border transactions, shall comply with the relevant provisions of national and cross-border renminbi foreign exchange management.
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Article X of People's Bank of China, China Banking Regulatory Commission, according to the division, according to bank card clearing houses and foreign institutional supervision and management, and strengthen communication and coordination and jointly prevent bank card clearing business systemic risk.
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Chapter II Application and Licensing
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Article XI registered capital of bank card clearing organization not less than one billion yuan, contributed its own funds invested shall not be entrusted to non-owned funds of funds, debt funds invested.
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Article XII of experience in bank card clearing organization for more than 50% of the directors (including the chairman, vice-chairman) and all senior managers should have appropriate professional knowledge representation, more than five years of banking, payment or liquidation and good conduct reputation,hogan donna, as well as the duties required of independence.
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In addition to the case of "eople's Republic of China Company Law" to the provisions of any of the following circumstances shall not serve as bank card clearing agency directors, senior management staff:
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(A) there is gross negligence or criminal record.
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(B) due to violations or disciplinary offense was canceled financial regulators qualifications of directors, supervisors and senior management personnel, was canceled from the qualification date been less than five years.
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(C) be served as directors, supervisors or senior management of financial regulators administrative penalty units, and is personally responsible administrative punishment or direct leadership responsibility, from the expiration been less than two years.
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Article 13 The applicant to the People's Bank of China raised bank card clearing organization preparations, the applicant shall submit the following application materials:
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(A) preparations for the application, state the name, address, registered capital and so on.
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(Ii) a copy of the business license and articles of association, the applicant is a foreign-invested enterprise shall also submit a copy of the certificate of approval for enterprises with foreign investment.
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(C) prove its capital strength to meet the requirements of the material and relevant evidence.
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(Iv) is true, complete, the most recent year financial report fair,woolrich milano, except for the establishment of less than a year.
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(E) the investor invested resolution, amount of contribution, methods and sources of funds, and a description of the relationship between the investors.
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Other single shareholding (6) the primary funders and more than 10% of the investor's qualification certificate materials, including but not limited to business license, financial accounting reports the last three years, no major illegal business experience and a proven record proof.
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Contributors are domestic banking financial institutions shall provide financial business license and a copy of the China Banking Regulatory Commission permit approval documents of its investment bank card clearing organization.
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(Vii) About the actual controller description of the situation.
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(Viii) organizational structure set up, financial independence, risk control and compliance system construction building mechanisms note.
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(Ix) anti-money laundering and anti-terrorist financing internal control system program,cappelli ymcmb, organizational structure, programs and technical conditions related work instructions.
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(J) the liquidation of the bank card brand trademark registration of trademarks, the use of investor liquidation of all bank card brands,coach occhiali da sole, trademarks should provide proof of ownership of the investor, the transfer agreement or licensing agreement, and the applicant by the filing of a trademark license.
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(Xi) the bank card clearing business feasibility studies, business plan development and infrastructure construction projects.
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(Xii) framework in line with national standards, industry-standard bank card clearing service standards and business rules.
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(Xiii) cardholders and merchants rights protection policies and mechanisms.
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List (xiv) the preparatory work program and key staff, curriculum vitae.
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(15) other matters and the authenticity of the application materials required to declare special note,hogan scontate.
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The above materials for the foreign language, it shall also provide the Chinese translation,hogan outlet milano, and Chinese versions shall prevail.
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After judged according to the law need for national security review after the completion of the national security review, People's Bank of China officially accepted the above materials.
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Article 14 within 10 days from receipt of the Preparatory People's Bank of China to apply for bank card clearing agencies shall accept it, the application materials to China Banking Regulatory Commission. China Banking Regulatory Commission shall from the date of receipt of the application materials within 30 days issue a written opinion sent to People's Bank of China.
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People's Bank of China in accordance with Article XV in favor of the principle of prudence bank card clearing market fair competition and healthy development of the China Banking Regulatory Commission and the views from the date of acceptance within 90 days to approve or disapprove the decision of the preparations, and notify the applicant in writing. It decided not to approve, it shall explain the reasons.
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Article XVI bank card clearing organization approved preparations for the preparatory period from the date of one year. Prescribed period, the applicant does not complete the preparations for the preparatory work, should be justified by the People's Bank of China approval may be extended for three months.
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Article XVII The applicant shall propose to the People's Bank of China before the expiry of the preparations for the opening of the application, submit the following application materials:
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(A) opening an application, state the name, address, registered capital and operating funds.
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(B) the clearing bank card business standards and business rules of the specific content and detail.
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(C) clearing bank card business infrastructure report, construction reports, business continuity plans and contingency plans.
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(Iv) clearing bank card business infrastructure and technical safety standards in line with evidence.
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Qualification (V) aspiring directors and senior management of the application materials, including but not limited to biographical description and qualifications, titles, with the independence of their duties as described, no criminal record and unpunished, and other related documents.
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(Vi) internal control, risk prevention and compliance mechanism material.
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(Vii) information security mechanism materials including, but not limited to, bank card payment network information security standards,swarovski, network security management mechanism, personal information security protection mechanism, the core business of information system security protection rating and assessment report, the independent information security risks assessment, information security management system.
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(Viii) anti-money laundering and anti-terrorist financing measures acceptance materials.
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(Ix) the completion of the preparatory work summary report, including changes in raw material preparations for application note and related documents.
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(J) In order to meet the bank card clearing business franchise requirements, the completion of the release of other services.
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(Xi) the applicant intends to use offshore bank liquidation card brand, and the brand has been providing foreign currency to foreign institutional cross-border transactions, the service should be provided by the foreign institutions migrating to the applicant's job bank card clearing services plans and programs.
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(12) other matters and the authenticity of the application materials required to declare special note.
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Overdue opening of the application, the file is automatically prepared for ratification failure.
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Article XVIII People's Bank of China and China Banking Regulatory Commission may take inquiries about the state organs, national credit information sharing platform for the exchange, credit institutions, to be served serving on agency expertise to carry out other ways to test the ability of directors intends to serve and senior management meets the qualifications for review.
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Article XIX People's Bank of China received from the bank card clearing organization opened the application, with reference to the present Article 14 and Article 15, to approve or disapprove the decision of the opening, and notify the applicant in writing. An approval is issued by the ratification document and bank card clearing business license and make an announcement; the decision is not approved,hogan online, the reasons.
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Article XX bank card clearing organization is not opened within a specified period, opening a file fails approval by the People's Bank of China approved the opening of cancellation procedures apply to recover their "bank card clearing business license", and make an announcement.
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Twenty-one foreign institutions to provide cross-border transactions of foreign currency for bank card clearing services means:
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(A) authorize a domestic acquirer or cooperation with domestic bank card clearing organization, a Bank cards issued outside the territory of use.
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(B) authorize a domestic issuer is limited to foreign currency bank cards issued overseas use.
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Article 22 foreign institutions in cooperation with the domestic bank card clearing organization authorized to issue bank cards, identification code should be used Issuer in bank card clearing organization. Foreign institutions can not disguise engage in RMB clearing bank card business through cooperation.
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Article 23 foreign institutions to provide cross-border transactions of foreign currency bank card clearing services, shall, before the People's Bank of China to provide services and the China Banking Regulatory Commission report, and submit to the 30th of the following materials:
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(A) Basic information agency.
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(B) in the home country under supervision of the case.
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(Iii) participation in national or international payment system description.
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(Iv) the institution of internal control, information security and risk prevention mechanism.
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(V) The anti-money laundering and anti-terrorist agencies internal financial control system, organizational structure and circumstances related work instructions.
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(Vi) bank card clearing service infrastructure operation.
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(Vii) clearing bank card business rules.
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(Viii) business development plan, cooperation with domestic institutions explained.
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(Ix) cardholders and merchants rights protection policies and mechanisms.
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(10) other items and materials required to declare the authenticity special note.
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The above materials for the foreign language, it shall also provide the Chinese translation, and Chinese versions shall prevail. Foreign institutions basic information is changed, the report from the 30 days to the People's Bank of China and China Banking Regulatory Commission shall change the date.
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Article 24 The People's Bank of China at the date of the report within 30 days after receipt of foreign institutional foreign institutions basic information published on the website.
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Chapter III Alteration and Termination
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Article 25 bank card clearing organization there is a change to one of the following items shall be submitted to the People's Bank of China to change the application materials as required:
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(A) the establishment of branches.
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(B) the division or merger.
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(C) change the company name or the company's articles of association.
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(Iv) change of registered capital.
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(V) change or other major contributors single stake of more than 10% of the investors.
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(Vi) to change your bank card clearing brand.
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(Vii) the replacement of directors and senior management.
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People's Bank of China received the above application materials should refer to this in Article 14 and Article 15, the decision to approve or not to approve and notify the applicant in writing.
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Bank card clearing organization to change a single stake of more than 5% of the investor, does not belong to the above circumstances specified in the fifth, to change the situation should be submitted in advance to the People's Bank of China and China Banking Regulatory Commission written report.
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Article 26 Where a foreign investor bank card clearing organization shall execute foreign acquisition of domestic infrastructure security review regulations.
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Article 27 bank card clearing organization terminate some or all bank card clearing operations and dissolution of the People's Bank of China shall submit the following application materials:
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(A) terminate the Application Form, specifying the name of the organization and shelter.
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(B) the general meeting of shareholders (shareholders) or board resolution discontinued operations.
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(Iii) the termination of the business assessment report.
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(Iv) business and network agencies agreed to terminate disposal program,nike free 3.0 v3.
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(E) the termination of business contingency plans.
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(Vi) relates to the protection of rights and interests of cardholders and merchants action,nike air jordan homme.
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(7) other matters and the authenticity of the application materials required to declare special note.
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People's Bank of China received the above application materials should refer to this in Article 14 and Article 15, to approve or disapprove of the decision. People's Bank of China approved the termination of all bank card bank card clearing organizations and clearing business dissolution, liquidation should withdraw bank card business license.
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Article 28 foreign institutions ceased to provide cross-border transactions of foreign currency bank card clearing services,louboutin pas cher, should be at least 30 days in advance People's Bank of China and China Banking Regulatory Commission to report, submit the following materials:
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(A) evaluation report discontinued operations.
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(B) concluded with the termination of business network organization disposal program.
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(Iii) the termination of business contingency plans.
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(D) relates to the protection of rights and interests of cardholders and merchants action.
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(V) other matters and materials need special authenticity statement explained.
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Chapter IV Legal Liability
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Article 29 The People's Bank of China, China Banking Regulatory staff of the Commission of the following circumstances shall be given administrative sanctions. Suspected of a crime shall be transferred to judicial organs for criminal liabilities:
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(A) violation of the provisions of examination and approval bank card clearing business applications, change and termination matters.
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(B) known to leak state secrets or commercial secrets,air max femme.
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Other acts in violation of laws and regulations, (iii) abuse of power, dereliction of duty and so on.
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Article 30 bank card clearing organization has the following circumstances, the People's Bank of China in conjunction with the China Banking Regulatory Commission, ordered to make corrections and given a warning or a fine of 10,000 yuan to 30,000 yuan; the circumstances are serious, according to "people's Republic of China people's Bank of China law" provisions of Article 46 will be punished:
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(A) Failing to establish a bank card clearing business standards, business rules, internal control, information security and risk prevention mechanisms.
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(B) Failing to report related matters.
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(3) The transfer, lease, lend, bank card clearing business license.
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(Iv) beyond the specified scope of business.
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(V) the appointment of non-compliance of directors and senior management personnel.
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(Vi) failure to apply for such changes or unlawfully establishing any branch,louboutin à bout ouvert.
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(7) refusing or impede the relevant inspection, supervision and management.
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(H) limit issuer or acquirer bank card clearing cooperation with other institutions.
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(Ix) bank card clearing service infrastructure major risks.
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(J) unjustified restrictions, refused to bank card transactions, or suspend, terminate bank card clearing services.
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(Xi) provide false information or concealing important facts or information.
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(XII) in violation of regulations related to information security.
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(Xiii) other damage to the legitimate interests of cardholders and merchants,moncler milano, or violation of liquidation regulations, endanger the bank card market order,woolrich negozi line, illegal violations.
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Article 31 The bankcard clearing institutions and foreign institutions in violation of anti-money laundering and anti-terrorist financing regulations, in accordance with relevant laws and regulations.
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Article 32 The applicants did not disclose relevant information or providing false materials, apply for a bank card clearing business license, People's Bank of China shall not accept or no administrative license and given a warning, the applicant may not apply for a bank card clearing business again within one year license.
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Licensee fraud, bribery or other improper means to obtain bank card clearing business license, according to the law to recover the People's Bank of China bank card clearing business license, and given administrative punishment, the applicant may not apply for three years, bank card clearing business license again; suspected of a crime shall be transferred to judicial organs be held criminally responsible.
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Article 33 without the approval of People's Bank of China, engaging in bank card clearing business, forged or altered bank card clearing business license by the People's Bank of China ordered its termination bank card clearing business, and according to "eople's Republic of China People's China the provisions of Article 46 of the banking Act "be punished; suspected of a crime shall be transferred to judicial organs be held criminally responsible.
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Chapter V Supplementary Provisions
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Article 34 The term liquidation of the bank card business card standard system includes a standard, accepted standards, information exchange standards,parajumper long bear, business process standards and information security standards and so on.
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Article 35 The term bank card clearing system is the core business of business processing systems, risk management systems, error handling system, information service system and disaster recovery systems.
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Business processing system refers to the bank card bank card clearing organization providing clearing and settlement system transaction switching system.
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Risk management refers to the bank card clearing participants and services for risk identification, assessment and control system bank card clearing agencies.
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Error handling system is a mechanism for inter-network bank card clearing agencies to submit error transactions, to resolve disputes trading error, electronic processing system and the dispute in question.
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Information service system refers to the bank card clearing organization for the network agencies to provide day trading inquiries, transaction history inquiry, transaction statistical analysis, send the liquidation files downloaded under Issuer identification code information is sent, exchange rates inquiry issued and other information and services auxiliary system.
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Disaster recovery system is a bank card clearing organization in response to the occurrence of abnormal disaster related systems established in advance of the backup system.
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Article 36, "the State Council on the implementation of bank card clearing organization access management," according to the law before the implementation has been engaged in the liquidation of bank card business in the territory of People's Republic of China's domestic institutions, shall be made upon approval in the original bank card clearing business documents, reference Article 17 and apply for a bank card clearing business license.
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"Decision of the State Council on the implementation of bank card clearing organization access management," just before the implementation of cross-border transactions to provide foreign currency foreign institutional bank card clearing services, it should be reported with reference to Article 23 of the present Measures.
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Article 27 The People's Bank of China, together with the China Banking Regulatory Commission.
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Article 38 These Measures shall come into force from the date of publication.
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