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| Notice of the General Office of the China Banking Regulatory Commission on Carrying out the Special Campaign against the “Violations of Laws, Regulations and Rules” in the Banking Industry | | 中国银监会办公厅关于开展银行业“违法、违规、违章”行为专项治理工作的通知 |
| (No. 45 [2017] of the General Office of the China Banking Regulatory Commission) | | （银监办发〔2017〕45号） |
| All local offices of the China Banking Regulatory Commission (“CBRC”); all departments of the CIRC; all policy banks, large-scale banks, and joint-stock banks; Postal Savings Bank of China; foreign-funded banks; and financial assets management companies: | | 各银监局，机关各部门，各政策性银行、大型银行、股份制银行，邮储银行，外资银行，金融资产管理公司： |
| For the purposes of further preventing and controlling financial risks, curbing financial chaos, resolutely cracking down on the violations of laws, regulations and rules, urging the banking financial institutions to strengthen their compliance management, strictly controlling the “cage of rules,” stabilizing and improving the development, and more effectively serving the real economy, it has been decided to launch a special campaign against the “violations of the financial laws, violations of the supervision rules, and violations of the internal rules” (hereinafter referred to as the “three violations”) among the banking financial institutions. You are hereby notified of the relevant issues as follows: | | 为进一步防控金融风险，治理金融乱象，坚决打击违法违规违章行为，督促银行业金融机构加强合规管理，扎严“制度笼子”，稳健规范发展，更好地服务于实体经济，决定在银行业金融机构中全面开展“违反金融法律、违反监管规则、违反内部规章”（以下简称“三违反”）行为专项治理工作。现将有关事项通知如下： |
| I. Specifying the objectives and tasks and insisting on problem orientation | | 一、明确目标任务，坚持问题导向 |
| At present, there are some loopholes in the rules on banking financial institutions, and failure to observe the relevant rules, operation in violation of the relevant regulations and other problems are committed repeatedly after repeated investigations and are committed repeatedly after repeated penalties, which therefore requires a comprehensive campaign. Through carrying out the special campaign against the “three violations,” banking financial institutions shall be urged to further deepen the construction of the compliance culture, establish the system foundation and mechanism guarantee for business operation according to the laws, regulations and rules, eliminate the blind spots of risk control, effectively realize strict enforcement of orders and prohibitions, spare no effort to create “impartial and incorruptible, irrefutable evidence, irreversible finalized cases,” and ensure that they “do not break the regulatory bottom line, do not break the red line of rules, or do not reach the high voltage line of violation of laws and regulations.” | | 当前银行业金融机构制度存在一些漏洞和“牛栏关猫”现象，有章不循、违规操作等问题屡查屡犯、屡罚屡犯，必须进行全面治理。通过开展“三违反”行为专项治理，促使银行业金融机构进一步深化合规文化建设，筑牢依法依规依章经营的制度基础和机制保障，消除风险管控盲区，切实做到令行禁止，着力打造“铁的信用、铁的制度、铁的纪律”，确保“不越监管底线、不踩规章红线、不碰违法违规高压线”。 |
| All banking financial institutions and supervision institutions at all levels shall fully understand the significance of launching the special campaign against the “three violations” and effectively complete the campaign as required. First, the primary responsibilities and regulatory responsibilities for the campaign shall be diligently implemented, the problems and potential risks shall be confronted, courage shall be plucked up to clarify the situation, inferences about other cases shall be drawn from individual instance, big things shall be seen through small ones, attention shall be paid to the checking of errors and correction of malpractices, and correction and accountability enforcement shall be strictly implemented. Second, the heavy price that may possibly be brought about by violations shall be profoundly understood, and the concept of creating benefits through lawful, compliant, and safe business operation shall be set up so as to make the financial laws, regulatory regulations and internal rules become “high-voltage electric lines.” Third, close attention shall be paid to the key systems, focus shall be placed on the key positions and key personnel, and the branch offices at or below the second level as well as their responsible persons. Risk investigation of the vulnerable spots and fields with multiple cases shall be strengthened, early control shall be conducted for and attention shall be paid to the small problems in the compliance management, and the role of the internal rules as the “first gate” shall be truly played. Fourth, the supervision rules shall be embedded in the business operational practices and management and be embedded in the entire operating system; gaps shall be corked up, and “fences” shall be effectively built to make sure that there are regulations available for compliance, regulations are complied with, correction and investigation are conducted strictly, and violators are punished, institutions and staff members with problems are investigated and punished upon discovery, and suspected law violators and criminals are handed over to the judicial organs in a timely manner. Fifth, the tradition of “impartial and incorruptible, irrefutable evidence, irreversible finalized cases” shall be continuously carried forward, and “employees shall be effectively managed, business shall be effectively carried out, and capital shall be effectively managed.” The supervision institutions at all levels shall enhance their awareness of racing with risks and effectively fulfill the duties of guardians. | | 各银行业金融机构和各级监管机构要充分认识开展“三违反”行为专项治理工作的重要性，切实按照要求做好治理工作。一是认真落实治理工作的主体责任和监管责任，正视问题和风险隐患，敢于揭盖子，要举一反三，以小见大，注重查错纠弊，严厉整改问责。二是深刻认识违规可能带来的惨痛代价，树立依法经营、合规经营、安全经营创造效益的理念，使金融法律、监管规则、内部规章都成为“带电的高压线”。三是紧盯关键制度、关键岗位、关键人员，重点关注二级及以下分支机构及其负责人，加强薄弱环节、案件多发领域风险排查，对合规管理抓早抓小，真正发挥内部规章制度“第一道闸门”作用。四是将监管规则内植于经营管理，嵌入整个运行体系，查缺补漏，筑好“篱笆”，做到有规可依、有规必依、纠查必严、违规必惩，对存在问题的机构和员工，要发现一起查处一起，涉嫌违法犯罪的要及时移送司法机关。五是继续弘扬“铁账本、铁算盘、铁规章”的“三铁”传统，“管好自己的员工，做好自己的业务，看好自己的资金”。各级监管机构要增强同风险赛跑的意识，履行好守护人的职责。 |
| II. Strengthening organization and leadership, and conducting promotion in a steady and orderly manner | | 二、加强组织领导，扎实有序推进 |
1. Overall arrangements. Banking financial institutions shall be responsible for organizing the self-examination of the institutions at all levels in the system; all institutional supervision departments of the CBRC shall be responsible for organizing and promoting the self-examination of institutions under their jurisdiction and the random inspection of institutions by institutions at higher levels, and shall provide guidance. The On-site Examination Bureau of the CBRC shall be responsible for organizing and promoting the regulatory examination of the banking financial institutions; and all local offices of the CBRC shall be responsible for organizing and promoting the self-examination of institutions within their respective jurisdictions, and organize and implement the regulatory examination of the institutions within their jurisdictions. The scope of business subject to the self-examination of institutions and the regulatory examination shall include the various business that have a balance at the end of 2016 and may cover such business retrospectively or prospectively, when necessary.
．．．．．． | | （一）总体安排。银行业金融机构负责组织实施本系统各级机构自查；银监会各机构监管部门负责组织推动所监管机构的自查、“上对下”抽查，并进行督导；银监会现场检查局负责组织推动对银行业金融机构的监管检查工作；各银监局负责组织推动辖内机构的自查工作，并组织实施对辖内机构的监管检查。机构自查和监管检查的业务范围均为2016年末有余额的各类业务，必要时可以上溯或下延。
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