My sword! The full text of the Notice of the China Banking and Insurance Regulatory Commission on the Work of the Banking and insurance Industries in the special Struggle against Gang crimes

Author: 国瓴律师
Published on: 2018-10-09 00:00
Read: 18

Banking regulatory bureaus, insurance regulatory bureaus, policy banks, large banks, joint-stock banks, postal savings Banks, foreign banks, financial asset management companies, insurance group (holding) companies, insurance companies, insurance asset management companies, insurance professional intermediaries, and other regulatory financial institutions:

In order to implement the requirements of the Notice of the Central Committee of the Communist Party of China and The State Council on Carrying out the Special Campaign against Gang Crimes, and do a good job in the related work of the banking and insurance industries, the relevant matters are hereby notified as follows:

 


First, attach great importance to, have the courage to take responsibility, and enhance the sense of responsibility and mission of work

Regulators at all levels, banking and insurance institutions must earnestly implement the decisions and arrangements of the Party Central Committee and The State Council, and take the eradication of evil as a major political task, put it in a prominent position in the overall work and put it on the important agenda. It is necessary to strengthen the sense of responsibility and mission in our work, earnestly unify our thoughts and actions with the deployment of the Party Central Committee and The State Council, have the courage to take responsibility, and carry out a clear-cut campaign against gangland and evil.

 

Second, strengthen leadership, improve mechanisms, and carry out solid and in-depth work

In order to do a good job in the eradication of evil related work, the banking and insurance Regulatory Commission established the national banking and insurance industry to eradicate evil special struggle leading group, led by Cao Yu, vice chairman of the banking and insurance Regulatory Commission, the office is located in the Department of Regulations. Provincial dispatch agencies, banking and insurance institutions should establish and improve the working mechanism, set up the corresponding work leading group, and the main responsible comrades as the leader, strengthen the organization and leadership, and effectively carry out the relevant work of the special struggle against crime and evil.

 

Third, focus on key areas, precision strikes, and strengthen governance in high-risk areas

Regulators at all levels, together with public security, market supervision and other relevant departments, and in combination with the requirements of relevant documents in the fight against crime and evil, continue to promote the implementation of the Banking Supervision Law of the People's Republic of China, the Insurance Law of the People's Republic of China, and the Measures for the Suppression of Illegal Financial Institutions and Illegal Financial Business Activities (Order No. 247 of The State Council), the Regulation of Private Lending Practices: Notice on Matters Related to the Maintenance of Economic and Financial Order (2018) No. 10), Interim Measures for the Management of Business Activities of Online Lending Information Intermediaries (China Banking Regulatory Commission, Ministry of Industry and Information Technology, Ministry of Public Security, State Internet Information Office Decree No. 1 of 2016), "Notice on Further Strengthening the rectification Work of Campus network loans" (BDB [2016] 47), "Notice on Further Strengthening the standardized management of campus loans" (BDB [2017] 26) and other laws, administrative regulations and related documents, strengthen supervision, combined with local realities, Implement the relevant requirements.

In the banking sector, it is necessary to focus on cracking down on the following acts in the illegal establishment of institutions engaged in or mainly engaged in loan issuance or in the illegal issuance of loans as daily business: first, the use of illegal fund-raising funds such as illegal absorption of public deposits and disguised absorption of public deposits to issue private loans; (2) Using intentional injury, illegal detention, insult, intimidation, threat, harassment and other illegal means to collect loans; Third, the use of evil forces to carry out or assist in carrying out business; (4) Taking credit funds from financial institutions and re-lending them at high interest; (5) Illegally issuing loans to school students, issuing loans for no specific purpose, or actually charging high interest (fees) in disguised form in the name of providing services and selling goods; Sixth, the staff and civil servants of banking financial institutions participate in or actually control people as the main members. For the insurance sector, we should focus on combating organized insurance fraud activities.

 

Fourth, actively cooperate, improve efficiency, and provide strong technical support for the special struggle against crime and evil

Regulatory agencies at all levels and banking financial institutions shall strictly follow the Notice on Issuing Banking Financial Institutions to Assist the People's Procuratorate, public security organs, and National Security Organs in the Search of freezing work Regulations (BDB [2014] No. 53) and Opinions on Banking financial Institutions and public security organs in carrying out Network investigation and control of accounts involved (BDB [2015] 9) and other document requirements, make full use of advanced technical means, improve work efficiency, and continue to do a good job of electronic inquiry of accounts involved. Establish and improve the emergency contact mechanism, ensure that the investigation and freezing of accounts involved in crime and crime are done well, effectively cut off the channels for the flow of criminal funds, and provide a strong guarantee for the legal and legal organs to handle cases and relevant departments to perform their duties in accordance with the law.

 

Fifth, in-depth investigation, increase efforts, timely transfer of clues

Regulators at all levels should increase their efforts to organize banking and insurance institutions within their jurisdiction to conduct in-depth investigations into issues related to crime and evil. The departments responsible for the fight against crime and evil at all levels of regulatory agencies shall promptly receive and deal with the following reporting clues: first, reports on illegal lending, violent debt collection, illegal establishment of financial institutions and illegal financial business; The second is to report the problems of banking and insurance institutions and practitioners involved in crime; The third is the clues found in the daily operation of banking and insurance institutions involved in crime; Fourth, the behavioral clues in the key areas of combat activities listed in Article 3 of this notice.

Provincial agencies should establish a responsibility system for investigation and verification of clues involved in crime and evil, as well as a case transfer and communication and coordination mechanism with political and legal organs and relevant government departments. For all kinds of reports, every clue should be implemented: those that fall under the statutory duties of the banking and insurance regulatory institution shall be handled by the banking and insurance regulatory institution according to law; If it falls within the statutory duties of other administrative organs, it shall be transferred to the corresponding statutory organs; If it constitutes a violation of discipline, it shall be transferred to the corresponding unit according to law; If it constitutes an act violating the administration of public security or a crime, it shall be transferred to the public security organ according to law.

 

Sixth, strengthen supervision, strict access, and strictly prevent organizations and individuals involved in crime from entering the banking and insurance industries

Regulators at all levels should strictly implement the Commercial Banking Law of the People's Republic of China, the Banking Supervision and Administration Law of the People's Republic of China, and the Insurance Law of the People's Republic of China, strictly enforce market access, The information involved in crime will be used as an important judgment basis for the establishment of banking and insurance institutions, the approval of equity changes or actual controller changes, and the approval of the qualifications of directors, supervisors and senior managers. Persons and organizations involved in crime and crime are strictly prohibited from participating in or holding shares in banking and insurance institutions; It is strictly forbidden for persons involved in crime to serve as directors, supervisors or senior managers of banking and insurance institutions.

 

7. Improve services, strictly manage, and fulfill the social responsibilities and legal obligations of the banking and insurance industries

Regulators at all levels and banking and insurance institutions should conscientiously implement the decisions and arrangements of the Party Central Committee and The State Council on preventing and defusing financial risks and supporting the real economy, raise awareness, improve services, enhance capabilities, and fully fulfill the social responsibilities of the banking and insurance industries. In particular, we need to do a good job in financial services in areas such as agriculture, rural areas, farmers, and small and micro businesses, and eradicate the breeding ground for illegal financial businesses at the source.

All banking and insurance institutions shall strictly abide by relevant laws, administrative regulations and regulatory provisions, and prohibit banking financial institutions from providing fund accounts and transfers for triad organized crimes, assisting in the conversion of property into cash, financial bills and securities, assisting in the remittance of funds overseas, and providing financial credit services for triad organized organizations and individuals engaged in gang-related activities; Insurance institutions are strictly prohibited from providing profit-sharing investment insurance products or issuing guarantee letters for organizations or individuals involved in crime; Banks and insurance institutions are strictly prohibited from employing persons involved in crime; Banking and insurance institutions are strictly prohibited from conducting business cooperation in the form of credit and insurance with organizations and individuals involved in crime.

 

Eighth, strengthen propaganda, positive guidance, and gather the common strength of the broad masses of the people to fight against crime and evil

All banking and insurance institutions should further strengthen the publicity and education of the special fight against gang-related crimes, and educate employees not to participate in any activities involving gang-related organizations. Through the electronic display and other forms, it shows the work requirements of the fight against black and evil, the knowledge of relevant laws and regulations, and the content of the "four severe strikes" and "one strictly prohibited" in the "Notice on Matters related to Regulating Private Lending Behaviors and Maintaining Economic and Financial Order" (BBAC [2018] No. 10).

 

9. Summarize experience, report regularly, and establish information submission and supervision and inspection mechanisms

The provincial agencies are requested to strictly follow the requirements and supervise the agencies and banks and insurance institutions within their jurisdiction to do a good job. Each large bank, joint-stock bank, insurance group (holding) company and each provincial agency shall, before the fourth day of each month (since September 2018), report in writing to the National Leading Group Office of the Banking and insurance industry on the special fight against crime, including the number of clues involved in crime and crime in the previous month and the handling situation. In case of major problems, they should be reported promptly.

The leading group of the national banking and insurance industry will supervise and inspect the implementation of the relevant work in due course; Those with insufficient attention and ineffective measures will be dealt with in accordance with the law.

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