网上银行业务管理暂行办法_法律英语

网上银行业务管理暂行办法

文章来源：文章作者：发布时间：2007-06-04 08:50 字体： [大中小]　进入论坛

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中国人民银行令[2001]第6号
(Promulgated by the People's Bank of China on, and effective as of, 29 June 2001.)
颁布日期：20010629 　实施日期：20010629 　颁布单位：中国人民银行

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Tentative Procedures have been formulated² pursuant to the PRC, People's Bank of China Law and the PRC, Commercial Banking³ Law, in order to regulate and guide the healthy development of Online Banking Services in China, effectively mitigate⁴ the risks associated with the operation of banking services and protect the lawful⁵ rights and interests of bank clients.

　　Article 2　These Procedures shall apply to all types of banking institutions whose establishment in the People's Republic of China was approved by the People's Bank of China, including policy banks and wholly Chinese-owned commercial banks as well as equity⁶ joint⁷ venture banks, wholly foreign-owned banks and branches of foreign banks established pursuant to the PRC, Administration of Foreign-funded Financial Institutions Regulations.

　　Article 3　For the purposes of these Procedures, the term "Online Banking Services" means financial services provided by banks through the internet.

　　Article 4　Banking institutions wishing to offer Online Banking Services in the People's Republic of China shall submit an application to the People's Bank of China before commencing such services and may only commence the same after examination and approval by the People's Bank of China.

　　All institutions registered outside the People's Republic of China and institutions registered in the Hong Kong, Macao and Taiwan regions that wish to provide Online Banking Services to residents of mainland China through the internet, as well as institutions in the People's Republic of China, other than in the Hong Kong, Macao and Taiwan regions, that wish to provide Online Banking Services to residents abroad through the internet, must apply to the People's Bank of China before doing so.

　　Article 5　The People's Bank of China is responsible for the routine supervision⁸, onsite inspection⁹ and offsite oversight¹⁰ of Online Banking Services offered by banks.

　　PART TWO　APPROVAL TO ENTER THE MARKET FOR ONLINE BANKING SERVICES

　　Article 6　A bank wishing to offer Online Banking Services shall satisfy the following conditions:

　　(1) it has sound internal control mechanisms¹¹ and effective management systems for identifying, monitoring, assessing and controlling the risks associated with traditional banking services and Online Banking Services;

　　(2) it has an internal computer system with uniform standards, a computer network that is running smoothly¹² and a good electronic infrastructure¹³;

　　(3) its existing business activities are running smoothly and its main asset-liability indicators¹⁴ such as asset quality, liquidity¹⁵, etc. are maintained within reasonable bounds;

　　(4) it has qualified¹⁶ management and technical personnel, and its senior management personnel have the necessary knowledge to manage Online Banking Services and the ability to effectively manage and control the risks associated with Online Banking Services;

　　(5) in the case of a branch of a foreign bank applying to offer Online Banking Services, the regulatory authorities of the home country (region) of its head office has in place the legal framework and possesses the regulatory capabilities¹⁷ to regulate Online Banking Services; and

　　(6) other conditions required by the People's Bank of China.

　　Article 7　Where policy banks, wholly Chinese-owned commercial banks (excluding municipal commercial banks), equity joint venture banks, wholly foreign-owned banks or branches of foreign banks wish to offer Online Banking Services, the applications therefor shall be centrally submitted by their head offices to the head office of the People's Bank of China.

　　Where municipal commercial banks wish to offer Online Banking Services, the applications therefor shall be centrally submitted by their head offices to the local branch or business management department of the People's Bank of China.

　　Article 8　Banks applying to offer Online Banking Services shall submit the following documents and information (in triplicate) to the People's Bank of China:

　　(1) an application to offer Online Banking Services;

　　(2) a feasibility study concerning the offering of Online Banking Services, which shall at least contain the following particulars:

　　1) the types of Online Banking Services to be offered;

　　2) the status of the construction of the bank's electronic infrastructure;

　　3) details on the presence of Online Banking Service management and technical personnel;

　　4) measures for management of the risks associated with Online Banking Services;

　　5) a description of the support system and key technology associated with the operation of the Online Banking Services and the measures for ensuring the security of the system; and

　　6) a forecast of the losses and earnings¹⁸ from the Online Banking Services, etc.;

　　(3) a security evaluation¹⁹ report on the bank's system used to operate its Online Banking Services issued by an authoritative²⁰ evaluation institution recognized by the People's Bank of China;

　　(4) an Online Banking Services development plan;

　　(5) a contingency²¹ plan and service continuity plan associated with the operation of the Online Banking Services;

　　(6) the rules, regulations and operational procedures for the Online Banking Services for which application has been made;

　　(7) the applicant's contact person, contact telephone, facsimile number and e-mail address; and

　　(8) other documents and information that the People's Bank of China requires to be submitted.

　　Article 9　If a policy bank, wholly Chinese-owned commercial bank (excluding municipal commercial banks), equity joint venture bank or wholly foreign-owned bank wishes to increase the types of Online Banking Services it offers after having obtained approval to offer Online Banking Services, its head office shall centrally report the services to be added to the head office of the People's Bank of China for its examination. If a branch of a foreign bank wishes to increase the types of Online Banking Services it offers after having obtained approval to offer Online Banking Services, its chief reporting bank in the People's Republic of China shall centrally report the services to be added to the head office of the People's Bank of China for its examination.

　　If a municipal commercial bank wishes to increase the types of Online Banking Services it offers, its head office shall centrally report the services to be added to the local branch or business management department of the People's Bank of China for its examination.

　　Article 10　The People's Bank of China subjects applications by banks to offer new types of Online Banking Services to two separate systems, viz. an examination and approval system and a record filing system.

　　The examination and approval system shall apply to banks' applications for the addition of the following services:

　　(1) any new Online Banking Service that a bank develops using the internet, that differs from traditional types of banking services and that constitutes on-balance sheet assets or liabilities;

　　(2) payment and settlement services other than credit payments that a bank effects through the internet;

　　(3) on-balance sheet asset type traditional banking services for which a bank has not obtained the approval of the People's Bank of China and which it offers through the internet; and

　　(4) new services directly related to the securities or insurance business that a bank offers through the internet.

　　The record filing system shall apply to other added services that banks offer through the internet.

　　Article 11　When a bank applies to add a new Online Banking Service pursuant to Article 10 hereof, it shall submit the following documents and information (in triplicate) to the People's Bank of China:

　　(1) an application for adding the service;

　　(2) a feasibility study on the service to be added, which shall at least include:

　　1) the definition of the service to be added;

　　2) the risk factors of the service to be added and the measures for the mitigation thereof; and

　　3) a forecast of the losses and earnings from the offering of the service;

　　(3) the rules, regulations and operational procedures for the additional service for which application is made;

　　(4) the applicant's contact person, contact telephone, facsimile number and e-mail address; and

　　(5) other documents and information that the People's Bank of China requires be submitted.

　　Article 12　The People's Bank of China shall issue a formal official reply document, within 30 working days after acceptance of the application, to a bank that, pursuant to Article 7 or 10 hereof, has applied²² to it to offer Online Banking Services or to add a new service that is subject to the examination and approval system.

　　The regulatory department of the People's Bank of China shall reply by way of a record filing notice, within 15 working days after acceptance of the application, to a bank that, pursuant to Article 10 hereof, has applied to add a new service subject to the record filing system.

　　Article 13　Before a (sub-)branch of a bank offers Online Banking Services, it shall report the type and nature of the services it is to offer to the competent local branch of the People's Bank of China.

　　PART THREE　MANAGEMENT OF RISKS ASSOCIATED WITH ONLINE BANKING SERVICES

　　Article 14　Banks that offer Online Banking Services shall comply with State laws, rules and regulations governing the security of computer information systems, management of commercial encryption, protection of consumer rights and interests, etc.

　　Article 15　The board of directors and the senior management of a bank that is to offer Online Banking Services shall determine an Online Banking Services development strategy and operational security strategy, formulate¹ and implement²³ comprehensive, integrated and systematic²⁴ business management rules pursuant to relevant laws and regulations, and effectively manage the operation of the Online Banking Services and the risks associated therewith.

　　Article 16　Banks shall formulate and implement comprehensive physical security measures that can effectively guard against unlawful access to key equipment by unauthorized persons from outside and inside the banks.

　　Article 17　Banks shall use appropriate encryption technology and measures in order to verify the identities and authorizations of users of Online Banking Services, ensure the confidentiality²⁵ and authenticity²⁶ of transmitted online transaction data, and ensure the integrity of information transmitted and the irrefutability of transactions effected over the networks.

　　Article 18　Banks shall implement effective measures to prevent infection of their Online Banking Services transaction system by computer viruses.

　　Article 19　Banks shall formulate necessary system operation benchmarks and regularly or irregularly test the operational status of their network systems and business operating systems, in order to discover hidden defects in, and hacker²⁷ attacks on, the system in a timely manner.

　　Article 20　Banks shall incorporate their Online Banking Services operating systems into their contingency plans and service continuity plans.

　　Article 21　Banks shall explain and disclose to their clients the transaction rules for each of their Online Banking Services in an appropriate manner and explain to clients the transaction risks involved in a particular Online Banking Service and their rights and obligations in specific transactions when clients apply for such service.

　　Article 22　When a bank engages in Online Banking Services, it shall allocate²⁸ dedicated²⁹ Online Banking Service auditing³⁰ capacity in order to conduct regular audits³¹ of its Online Banking Services.

　　Article 23　Banks shall, in a timely manner, provide training to their working personnel and upgrade their system security technology and equipment in accordance with the growth requirements of their banking services.

　　Article 24　Banks shall establish a system for reporting major Online Banking Service operational matters and in a timely manner report to the regulatory authority such important matters as major security leaks, hacker attacks, changes in internet address, etc. that occur in the course of operating their Online Banking Services.

　　Article 25　Banks that offer Online Banking Services shall permit evaluations³² of the security of their business operating systems by authoritative evaluation institutions recognized by the People's Bank of China.

　　PART FOUR　LEGAL LIABILITY

　　Article 26　If the People's Bank of China discovers any of the circumstances set forth³³ below while supervising or inspecting the Online Banking Services of a bank, it will handle the matter in accordance with the Penalties for Illegal Financial Acts Procedures, the Administration of the Qualifications for Office of the Senior Management Personnel of Financial Institutions Procedures and related laws and regulations; in particularly serious cases, the People's Bank of China will enforce a halt in the provision of some or all Online Banking Services, as follows:

　　(1) the bank offers Online Banking Services without the approval of, or record filing by, the People's Bank of China;

　　(2) while offering such services, the bank violates State laws or regulations, or prejudices the interests of the State or the public;

　　(3) while offering Online Banking Services, the bank avoids supervision and inspection by the People's Bank of China, resulting in unfair competition;

　　(4) the bank lacks qualified management personnel and working personnel, its business management is in disarray³⁴ and it lacks the resources to control the risks associated with its services, resulting in a major capital loss;

　　(5) the bank's measures for ensuring system security are inadequate³⁵, resulting in major security leaks and prejudicing the interests of clients and the security of the bank's organization;

　　(6) a major matter arises and the bank fails to report the same to the People's Bank of China in a timely manner; or

　　(7) another circumstance that the People's Bank of China considers requires handling.

　　Article 27　If in the course of operating its services a bank commits a violation³⁶ of laws or regulations other than the violations³⁷ specified³⁸ in Article 26 hereof or violates another provision hereof, the People's Bank of China will handle the matter in accordance with the relevant laws, rules and regulations.

　　PART FIVE　SUPPLEMENTARY³⁹ PROVISIONS

　　Article 28　A bank may not discontinue, without the consent of the People's Bank of China, a liability-type Online Banking Service the offering of which was examined and approved by the People's Bank of China.

　　Article 29　The People's Bank of China will separately formulate procedures for the administration of applications by domestic banks to establish legal person institutions that specialize in the offering of Online Banking Services and applications by foreign institutions to establish legal person institutions or branches in China that specialize in the offering of Online Banking Services.

　　Article 30　Reference may be made to these Procedures for the approval of market access for, and the administration of, financial services provided through other public information networks or private networks by banking institutions governed by these Procedures, unless otherwise provided in laws, rules or regulations, in which event such other provisions shall apply.

　　Article 31　The People's Bank of China is in charge of the interpretation⁴⁰ of these Procedures.

　　Article 32　These Procedures shall be implemented⁴¹ as of the date of promulgation⁴².

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收听单词发音

1 formulate
v.用公式表示；规划；设计；系统地阐述
参考例句：
He took care to formulate his reply very clearly.他字斟句酌，清楚地做了回答。 I was impressed by the way he could formulate his ideas.他陈述观点的方式让我印象深刻。

2 formulated
v.构想出( formulate的过去式和过去分词 )；规划；确切地阐述；用公式表示
参考例句：
He claims that the writer never consciously formulated his own theoretical position. 他声称该作家从未有意识地阐明他自己的理论见解。来自《简明英汉词典》 This idea can be formulated in two different ways. 这个意思可以有两种说法。来自《现代汉英综合大词典》

3 banking
n.银行业，银行学，金融业
参考例句：
John is launching his son on a career in banking.约翰打算让儿子在银行界谋一个新职位。 He possesses an extensive knowledge of banking.他具有广博的银行业务知识。

4 mitigate
vt.（使）减轻，（使）缓和
参考例句：
The government is trying to mitigate the effects of inflation.政府正试图缓和通货膨胀的影响。 Governments should endeavour to mitigate distress.政府应努力缓解贫困问题。

5 lawful
adj.法律许可的，守法的，合法的
参考例句：
It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。 We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

6 equity
n.公正，公平，（无固定利息的）股票
参考例句：
They shared the work of the house with equity.他们公平地分担家务。 To capture his equity,Murphy must either sell or refinance.要获得资产净值，墨菲必须出售或者重新融资。

7 joint
adj.联合的，共同的；n.关节，接合处；v.连接，贴合
参考例句：
I had a bad fall,which put my shoulder out of joint.我重重地摔了一跤，肩膀脫臼了。 We wrote a letter in joint names.我们联名写了封信。

8 supervision
n.监督，管理
参考例句：
The work was done under my supervision.这项工作是在我的监督之下完成的。 The old man's will was executed under the personal supervision of the lawyer.老人的遗嘱是在律师的亲自监督下执行的。

9 inspection
n.检查，审查，检阅
参考例句：
On random inspection the meat was found to be bad.经抽查，发现肉变质了。 The soldiers lined up for their daily inspection by their officers.士兵们列队接受军官的日常检阅。

10 oversight
n.勘漏，失察，疏忽
参考例句：
I consider this a gross oversight on your part.我把这件事看作是你的一大疏忽。 Your essay was not marked through an oversight on my part.由于我的疏忽你的文章没有打分。

11 mechanisms
n.机械( mechanism的名词复数 )；机械装置；[生物学] 机制；机械作用
参考例句：
The research will provide direct insight into molecular mechanisms. 这项研究将使人能够直接地了解分子的机理。来自《简明英汉词典》 He explained how the two mechanisms worked. 他解释这两台机械装置是如何工作的。来自《简明英汉词典》

12 smoothly
adv.平滑地，顺利地，流利地，流畅地
参考例句：
The workmen are very cooperative,so the work goes on smoothly.工人们十分合作，所以工作进展顺利。 Just change one or two words and the sentence will read smoothly.这句话只要动一两个字就顺了。

13 infrastructure
n.下部构造，下部组织，基础结构，基础设施
参考例句：
We should step up the development of infrastructure for research.加强科学基础设施建设。 We should strengthen cultural infrastructure and boost various types of popular culture.加强文化基础设施建设，发展各类群众文化。

14 indicators
（仪器上显示温度、压力、耗油量等的）指针( indicator的名词复数 )；指示物；（车辆上的）转弯指示灯；指示信号
参考例句：
The economic indicators are better than expected. 经济指标比预期的好。 It is still difficult to develop indicators for many concepts used in social science. 为社会科学领域的许多概念确立一个指标仍然很难。

15 liquidity
n.流动性，偿债能力，流动资产
参考例句：
The bank has progressively increased its liquidity.银行逐渐地增加其流动资产。 The demand for and the supply of credit is closely linked to changes in liquidity.信用的供求和流动资金的变化有密切关系。

16 qualified
adj.合格的，有资格的，胜任的，有限制的
参考例句：
He is qualified as a complete man of letters.他有资格当真正的文学家。 We must note that we still lack qualified specialists.我们必须看到我们还缺乏有资质的专家。

17 capabilities
n.能力( capability的名词复数 )；可能；容量；[复数]潜在能力
参考例句：
He was somewhat pompous and had a high opinion of his own capabilities. 他有点自大，自视甚高。来自辞典例句 Some programmers use tabs to break complex product capabilities into smaller chunks. 一些程序员认为，标签可以将复杂的功能分为每个窗格一组简单的功能。来自About Face 3交互设计精髓

18 earnings
n.工资收人；利润，利益，所得
参考例句：
That old man lives on the earnings of his daughter.那个老人靠他女儿的收入维持生活。 Last year there was a 20% decrease in his earnings.去年他的收入减少了20%。

19 evaluation
n.估价，评价；赋值
参考例句：
I attempted an honest evaluation of my own life.我试图如实地评价我自己的一生。 The new scheme is still under evaluation.新方案还在评估阶段。

20 authoritative
adj.有权威的，可相信的；命令式的；官方的
参考例句：
David speaks in an authoritative tone.大卫以命令的口吻说话。 Her smile was warm but authoritative.她的笑容很和蔼，同时又透着威严。

21 contingency
n.意外事件，可能性
参考例句：
We should be prepared for any contingency.我们应该对任何应急情况有所准备。 A fire in our warehouse was a contingency that we had not expected.库房的一场大火是我们始料未及的。

22 applied
adj.应用的；v.应用，适用
参考例句：
She plans to take a course in applied linguistics.她打算学习应用语言学课程。 This cream is best applied to the face at night.这种乳霜最好晚上擦脸用。

23 implement
n.(pl.)工具，器具；vt.实行，实施，执行
参考例句：
Don't undertake a project unless you can implement it.不要承担一项计划，除非你能完成这项计划。 The best implement for digging a garden is a spade.在花园里挖土的最好工具是铁锹。

24 systematic
adj.有系统的，有计划的，有方法的
参考例句：
The way he works isn't very systematic.他的工作不是很有条理。 The teacher made a systematic work of teaching.这个教师进行系统的教学工作。

25 confidentiality
n.秘而不宣，保密
参考例句：
They signed a confidentiality agreement. 他们签署了一份保守机密的协议。 Cryptography is the foundation of supporting authentication, integrality and confidentiality. 而密码学是支持认证、完整性和机密性机制的基础。

26 authenticity
n.真实性
参考例句：
There has been some debate over the authenticity of his will. 对于他的遗嘱的真实性一直有争论。 The museum is seeking an expert opinion on the authenticity of the painting. 博物馆在请专家鉴定那幅画的真伪。

27 hacker
n.能盗用或偷改电脑中信息的人，电脑黑客
参考例句：
The computer hacker wrote that he was from Russia.这个计算机黑客自称他来自俄罗斯。 This site was attacked by a hacker last week.上周这个网站被黑客攻击了。

28 allocate
vt.分配，分派；把…拨给；把…划归
参考例句：
You must allocate the money carefully.你们必须谨慎地分配钱。 They will allocate fund for housing.他们将拨出经费建房。

29 dedicated
adj.一心一意的；献身的；热诚的
参考例句：
He dedicated his life to the cause of education.他献身于教育事业。 His whole energies are dedicated to improve the design.他的全部精力都放在改进这项设计上了。

30 auditing
n.审计，查账，决算
参考例句：
Auditing standards are the rules governing how an audit is performed.收支检查标准是规则统治一个稽核如何被运行。 The auditing services market is dominated by a few large accounting firms.审计服务市场被几家大型会计公司独占了。

31 audits
n.审计，查账( audit的名词复数 )v.审计，查账( audit的第三人称单数 )
参考例句：
Requires that use of all bond funds is subject to independent audits. 需要使用的所有债券基金是受独立审计。来自互联网 Support the locations during customer-visits, audits and quality-improvement programs. 支持客户参观，稽核和提高品质等项目。来自互联网

32 evaluations
估价( evaluation的名词复数 )；赋值；估计价值； [医学]诊断
参考例句：
In fact, our moral evaluations are merely expressions of our desires. 事实上，我们的道德评价只是我们欲望的表达形式。来自哲学部分 Properly speaking, however, these evaluations and insights are not within the concept of official notice. 但准确地讲，这些评估和深远见识并未包括在官方通知概念里。

33 forth
adv.向前；向外，往外
参考例句：
The wind moved the trees gently back and forth.风吹得树轻轻地来回摇晃。 He gave forth a series of works in rapid succession.他很快连续发表了一系列的作品。

34 disarray
n.混乱，紊乱，凌乱
参考例句：
His personal life fell into disarray when his wife left him.妻子离去后，他的个人生活一片混乱。 Our plans were thrown into disarray by the rail strike.铁路罢工打乱了我们的计划。

35 inadequate
adj.(for,to)不充足的，不适当的
参考例句：
The supply is inadequate to meet the demand.供不应求。 She was inadequate to the demands that were made on her.她还无力满足对她提出的各项要求。

36 violation
n.违反(行为)，违背(行为)，侵犯
参考例句：
He roared that was a violation of the rules.他大声说，那是违反规则的。 He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。

37 violations
违反( violation的名词复数 )；冒犯；违反（行为、事例）；强奸
参考例句：
This is one of the commonest traffic violations. 这是常见的违反交通规则之例。 These violations of the code must cease forthwith. 这些违犯法规的行为必须立即停止。

38 specified
adj.特定的
参考例句：
The architect specified oak for the wood trim. 那位建筑师指定用橡木做木饰条。 It is generated by some specified means. 这是由某些未加说明的方法产生的。

39 supplementary
adj.补充的，附加的
参考例句：
There is a supplementary water supply in case the rain supply fails.万一主水源断了，我们另外有供水的地方。 A supplementary volume has been published containing the index.附有索引的增补卷已经出版。

40 interpretation
n.解释，说明，描述；艺术处理
参考例句：
His statement admits of one interpretation only.他的话只有一种解释。 Analysis and interpretation is a very personal thing.分析与说明是个很主观的事情。

41 implemented
v.实现( implement的过去式和过去分词 )；执行；贯彻；使生效
参考例句：
This agreement, if not implemented, is a mere scrap of paper. 这个协定如不执行只不过是一纸空文。来自《现代汉英综合大词典》 The economy is in danger of collapse unless far-reaching reforms are implemented. 如果不实施影响深远的改革，经济就面临崩溃的危险。来自辞典例句

42 promulgation
n.颁布
参考例句：
The new law comes into force from the day of its promulgation. 新法律自公布之日起生效。来自《简明英汉词典》 Article 118 These Regulations shall come into effect from the day of their promulgation. 第一百一十八条本条例自公布之日起实施。来自经济法规部分

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