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Guidelines on the Risk Management of Commercial Banks’ Information Technology

作者:法律资料网 时间:2024-05-15 01:25:22  浏览:8658   来源:法律资料网
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Guidelines on the Risk Management of Commercial Banks’ Information Technology ——附加英文版

China Banking Regulatory Commission


Guidelines on the Risk Management of Commercial Banks’ Information Technology





Chapter I General Provisions

Article 1. Pursuant to the Law of the People’s Republic of China on Banking Regulation and Supervision, the Law of the People's Republic of China on Commercial Banks, the Regulations of the People’s Republic of China on Administration of Foreign-funded Banks, and other applicable laws and regulations, the Guidelines on the Risk Management of Commercial Banks’ Information Technology (hereinafter referred to as the Guidelines) is formulated.

Article 2. The Guidelines apply to all the commercial banks legally incorporated within the territory of the People’s Republic of China.

The Guidelines may apply to other banking institutions including policy banks, rural cooperative banks, urban credit cooperatives, rural credit cooperatives, village banks, loan companies, financial asset management companies, trust and investment companies, finance firms, financial leasing companies, automobile financial companies and money brokers.


Article 3. The term “information technology” stated in the Guidelines shall refer to the system built with computer, communication and software technologies, and employed by commercial banks to handle business transactions, operation management, and internal communication, collaborative work and controls. The term also include IT governance, IT organization structure and IT policies and procedures.

Article 4. The risk of information technology refers to the operational risk, legal risk and reputation risk that are caused by natural factor, human factor, technological loopholes or management deficiencies when using information technology.

Article 5. The objective of information system risk management is to establish an effective mechanism that can identify, measure, monitor, and control the risks of commercial banks’ information system, ensure data integrity, availability, confidentiality and consistency, provide the relevant early warning, and thereby enable commercial banks’ business innovations, uplift their capability in utilizing information technology, improve their core competitiveness and capacity for sustainable development.



Chapter II IT governance

Article 6. The legal representative of commercial bank should be responsible to ensure compliance of this guideline.

Article 7. The board of directors of commercial banks should have the following responsibilities with respect to the management of information systems:
(1) Implementing and complying with the national laws, regulations and technical standards pertaining to the management of information systems, as well as the regulatory requirements set by the China Banking Regulatory Commission (hereinafter referred to as the “CBRC”);
(2) Periodically reviewing the alignment of IT strategy with the overall business strategies and significant policies of the bank, assessing the overall effectiveness and efficiency of the IT organization.
(3) Approving IT risk management strategies and policies, understanding the major IT risks involved, setting acceptable levels for these risks, and ensuring the implementation of the measures necessary to identify, measure, monitor and control these risks.
(4) Setting high ethical and integrity standards, and establishing a culture within the bank that emphasizes and demonstrates to all levels of personnel the importance of IT risk management.
(5) Establishing an IT steering committee which consists of representatives from senior management, the IT organization, and major business units, to oversee these responsibilities and report the effectiveness of strategic IT planning, the IT budget and actual expenditure, and the overall IT performance to the board of directors and senior management periodically.
(6) Establishing IT governance structure, proper segregation of duty, clear role and responsibility, maintaining check and balances and clear reporting relationship. Strengthening IT professional staff by developing incentive program.
(7) Ensuring that there is an effective internal audit of the IT risk management carried out by operationally independent, well-trained and qualified staff. The internal audit report should be submitted directly to the IT audit committee;
(8) Submitting an annual report to the CBRC and its local offices on information system risk management that has been reviewed and approved by the board of directors ;
(9) Ensuring the appropriating funding necessary for IT risk management works;
(10) Ensuring that all employees of the bank fully understand and adhere to the IT risk management policies and procedures approved by the board of directors and the senior management, and are provided with pertinent training.
(11) Ensuring customer information, financial information, product information and core banking system of the legal entity are held independently within the territory, and complying with the regulatory on-site examination requirements of CBRC and guarding against cross-border risk.
(12) Reporting in a timely manner to the CBRC and its local offices any serious incident of information systems or unexpected event, and quickly respond to it in accordance with the contingency plan;
(13) Cooperating with the CBRC and its local offices in the supervisory inspection of the risk management of information systems, and ensure that supervisory opinions are followed up; and
(14) Performing other related IT risk management tasks.

Article 8. The head of the IT organization, commonly known as the Chief Information Officer (CIO) should report directly to the president. Roles and responsibilities of the CIO should include the following:
(1) Playing a direct role in key decisions for the business development involving the use of IT in the bank;
(2) The CIO should ensure that information systems meet the needs of the bank, and IT strategies, in particular information system development strategies, comply with the overall business strategies and IT risk management policies of the bank;
(3) The CIO should also be responsible for the establishment of an effective and efficient IT organization to carry out the IT functions of the bank. These include the IT budget and expenditure, IT risk management, IT policies, standards and procedures, IT internal controls, professional development, IT project initiatives, IT project management, information system maintenance and upgrade, IT operations, IT infrastructure, Information security, disaster recovery plan (DRP), IT outsourcing, and information system retirement;
(4) Ensuring the effectiveness of IT risk management throughout the organization including all branches.
(5) Organizing professional trainings to improve technical proficiency of staff.
(6) Performing other related IT risk management tasks.

Article 9. Commercial banks should ensure that a clear definition of the IT organization structure and documentation of all job descriptions of important positions are always in place and updated in a timely manner. Staff in each position should meet relevant requirements on professional skills and knowledge. The following risk mitigation measures should be incorporated in the management program of related staff:
(1) Verification of personal information including confirmation of personal identification issued by government, academic credentials, prior work experience, professional qualifications;
(2) Ensuring that IT staff can meet the required professional ethics by checking character reference;
(3) Signing of agreements with employees about understanding of IT policies and guidelines, non-disclosure of confidential information, authorized use of information systems, and adherence to IT policies and procedures; and
(4) Evaluation of the risk of losing key IT personnel, especially during major IT development stage or in a period of unstable IT operations, and the relevant risk mitigation measures such as staff backup arrangement and staff succession plan.

Article 10. Commercial banks should establish or designate a particular department for IT risk management. It should report directly to the CIO and the Chief Risk Officer (or risk management committee), serve as a member of the IT incident response team, and be responsible for coordinating the establishment of policies regarding IT risk management, especially the areas of information security, BCP, and compliance with the CBRC regulations, advising the business departments and IT department in implementing these policies, providing relevant compliance information, conducting on-going assessment of IT risks, and ensuring the follow-up of remediation advice, monitoring and escalating management of IT threats and non-compliance events.

Article 11. Commercial banks should establish a special IT audit role and responsibility within internal audit function, which should put in place IT audit policies and procedures, develop and execute IT audit plan.

Article 12. Commercial banks should put in place policies and procedures to protect intellectual property rights according to laws regarding intellectual properties, ensure purchase of legitimate software and hardware, prevention of the use of pirated software, and the protection of the proprietary rights of IT products developed by the bank, and ensure that these are fully understood and complied by all employees.

Article 13. Commercial banks should, in accordance with relevant laws and regulations, disclose the risk profile of their IT normatively and timely.


Chapter III IT Risk Management

Article 14. Commercial banks should formulate an IT strategy that aligns with the overall business plan of the bank, IT risk assessment plan and an IT operational plan that can ensure adequate financial resources and human resources to maintain a stable and secure IT environment.

Article 15. Commercial banks should put in place a comprehensive set of IT risk management policies that include the following areas:
(1) Information security classification policy
(2) System development, testing and maintenance policy
(3) IT operation and maintenance policy
(4) Access control policy
(5) Physical security policy
(6) Personnel security policy
(7) Business Continuity Planning and Crisis and Emergency Management procedure

Article 16. Commercial banks should maintain an ongoing risk identification and assessment process that allows the bank to pinpoint the areas of concern in its information systems, assess the potential impact of the risks on its business, rank the risks, and prioritize mitigation actions and the necessary resources (including outsourcing vendors, product vendors and service vendors).

Article 17. Commercial banks should implement a comprehensive set of risk mitigation measures complying with the IT risk management policies and commensurate with the risk assessment of the bank. These mitigation measures should include:
(1) A set of clearly documented IT risk policies, technical standards, and operational procedures, which should be communicated to the staff frequently and kept up to date in a timely manner;
(2) Areas of potential conflicts of interest should be identified, minimized, and subject to careful, independent monitoring. Also it requires that an appropriate control structure is set up to facilitate checks and balances, with control activities defined at every business level, which should include:
- Top level reviews;
- Controls over physical and logical access to data and system;
- Access granted on “need to know” and “minimum authorization” basis;
- A system of approvals and authorizations; and
- A system of verification and reconciliation.

Article 18. Commercial banks should put in place a set of ongoing risk measurement and monitoring mechanisms, which should include
(1) Pre and post-implementation review of IT projects;
(2) Benchmarks for periodic review of system performance;
(3) Reports of incidents and complaints about IT services;
(4) Reports of internal audit, external audit, and issues identified by CBRC; and
(5) Arrangement with vendors and business units for periodic review of service level agreements (SLAs).
(6) The possible impact of new development of technology and new threats to software deployed.
(7) Timely review of operational risk and management controls in operation area.
(8) Assess the risk profile on IT outsourcing projects periodically.

Article 19. Chinese commercial banks operating offshore and the foreign commercial banks in China should comply with the relevant regulatory requirements on information systems in and outside the People’s Republic of China.


Chapter IV Information Security

Article 20. Information technology department of commercial banks should oversee the establishment of an information classification and protection scheme. All employees of the bank should be made aware of the importance of ensuring information confidentiality and provided with the necessary training to fully understand the information protection procedures within their responsibilities.

Article 21. Commercial banks should put in place an information security management function to develop and maintain an ongoing information security management program, promote information security awareness, advise other IT functions on security issues, serve as the leader of IT incident response team, and report the evaluation of the information security of the bank to the IT steering committee periodically. The Information security management program should include Information security standards, strategy, an implementation plan, and an ongoing maintenance plan.
Information security policy should include the following areas:
(1) IT security policy management
(2) Organization information security
(3) Asset management
(4) Personnel security
(5) Physical and environment security
(6) Communication and operation security
(7) Access control and authentication
(8) Acquirement, development and maintenance of information system
(9) Information security event management
(10) Business continuity management
(11) Compliance

Article 22. Commercial banks should have an effective process to manage user authentication and access control. Access to data and system should be strictly limited to authorized individuals whose identity is clearly established, and their activities in the information systems should be limited to the minimum required for their legitimate business use. Appropriate user authentication mechanism commensurate with the classification of information to be accessed should be selected. Timely review and removal of user identity from the system should be implemented when user transfers to a new job or leave the commercial bank.

Article 23. Commercial banks should ensure all physical security zones, such as computer centers or data centers, network closets, areas containing confidential information or critical IT equipment, and respective accountabilities are clearly defined, and appropriate preventive, detective, and recuperative controls are put in place.

Article 24. Commercial banks should divide their networks into logical security domains (hereinafter referred to as the “domain”) with different levels of security. The following security factors have to be assessed in order to define and implement effective security controls, such as physical or logical segregation of network, network filtering, logical access control, traffic encryption, network monitoring, activity log, etc., for each domain and the whole network.
(1) criticality of the applications and user groups within the domain;
(2) Access points to the domain through various communication channels;
(3) Network protocols and ports used by the applications and network equipment deployed within the domain;
(4) Performance requirement or benchmark;
(5) Nature of the domain, i.e. production or testing, internal or external;
(6) Connectivity between various domains; and
(7) Trustworthiness of the domain.

Article 25. Commercial banks should secure the operating system and system software of all computer systems by
(1) Developing baseline security requirement for each operating system and ensuring all systems meet the baseline security requirement;
(2) Clearly defining a set of access privileges for different groups of users, namely, end-users, system development staff, computer operators, and system administrators and user administrators;
(3) Setting up a system of approval, verification, and monitoring procedures for using the highest privileged system accounts;
(4) Requiring technical staff to review available security patches, and report the patch status periodically; and
(5) Requiring technical staff to include important items such as unsuccessful logins, access to critical system files, changes made to user accounts, etc. in system logs, monitors the systems for any abnormal event manually or automatically, and report the monitoring periodically.

Article 26. Commercial banks should ensure the security of all the application systems by
(1) Clearly defining the roles and responsibilities of end-users and IT staff regarding the application security;
(2) Implementing a robust authentication method commensurate with the criticality and sensibility of the application system;
(3) Enforcing segregation of duties and dual control over critical or sensitive functions;
(4) Requiring verification of input or reconciliation of output at critical junctures;
(5) Requiring the input and output of confidential information are handled in a secure manner to prevent theft, tampering, intentional leakage, or inadvertent leakage;
(6) Ensuring system can handle exceptions in a predefined way and provide meaningful message to users when the system is forced to terminate; and
(7) Maintaining audit trail in either paper or electronic format.
(8) Requiring user administrator to monitor and review unsuccessful logins and changes to users accounts.

Article 27. Commercial banks should have a set of policies and procedures controlling the logging of activities in all production systems to support effective auditing, security forensic analysis, and fraud prevention. Logging can be implemented in different layers of software and on different computer and networking equipment, which falls into two broad categories:
(1) Transaction journals. They are generated by application software and database management system, and contain authentication attempts, modification to data, error messages, etc. Transaction journals should be kept according to the national accounting policy.
(2) System logs. They are generated by operating systems, database management system, firewalls, intrusion detection systems, and routers, etc., and contain authentication attempts, system events, network events, error messages, etc. System logs should be kept for a period scaled to the risk classification, but no less than one year.
Banks should ensure that sufficient items be included in the logs to facilitate effective internal controls, system troubleshooting, and auditing while taking appropriate measures to ensure time synchronization on all logs. Sufficient disk space should be allocated to prevent logs from being overwritten. System logs should be reviewed for any exception. The review frequency and retention period for transaction logs or database logs should be determined jointly by IT organization and pertinent business lines, and approved by the IT steering committee.

Article 28. Commercial banks should have the capacity to employ encryption technologies to mitigate the risk of losing confidential information in the information systems or during its transmission. Appropriate management processes of the encryption facilities should be put in place to ensure that
(1) Encryption facilities in use should meet national security standards or requirements;
(2) Staff in charge of encryption facilities are well trained and screened;
(3) Encryption strength is adequate to protect the confidentiality of the information; and
(4) Effective and efficient key management procedures, especially key lifecycle management and certificate lifecycle management, are in place.

Article 29. Commercial banks should put in place an effective and efficient system of securing all end-user computing equipment which include desktop personal computers (PCs), portable PCs, teller terminals, automatic teller machines (ATMs), passbook printers, debit or credit card readers, point of sale (POS) terminals, personal digital assistant (PDAs), etc and conduct periodic security checks on all equipments.

Article 30. Commercial banks should put in place a set of policies and procedures to govern the collection, processing, storage, transmission, dissemination, and disposal of customer information.

Article 31. All employees, including contract staff, should be provided with the necessary trainings to fully understand these policies procedures and the consequences of their violation. Commercial banks should adopt a zero tolerance policy against security violation.


Chapter V Application System Development, Testing and Maintenance

Article 32. Commercial banks should have the capability to identify, plan, acquire, develop, test, deploy, maintain, upgrade, and retire information systems. Policies and procedures should be in place to govern the initiation, prioritization, approval, and control of IT projects. Progress reports of major IT projects should be submitted to and reviewed by the IT steering committee periodically. Decisions involving significant change of schedule, change of key personnel, change of vendors, and major expenditures should be included in the progress report.

Article 33. Commercial banks should recognize the risks associated with IT projects, which include the possibilities of incurring various kinds of operational risk, financial losses, and opportunity costs stemming from ineffective project planning or inadequate project management controls of the bank. Therefore, appropriate project management methodologies should be adopted and implemented to control the risks associated with IT projects.

Article 34. Commercial banks should adopt and implement a system development methodology to control the life cycle of Information systems. The typical phases of system life cycle include system analysis, design, development or acquisition, testing, trial run, deployment, maintenance, and retirement. The system development methodology to be used should be commensurate with the size, nature, and complexity of the IT project, and, generally speaking, should facilitate the management of the following risks.

Article 35. Commercial banks should ensure system reliability, integrity, and maintainability by controlling system changes with a set of policies and procedures, which should include the following elements.
(1) Ensure that production systems are separated from development or testing systems;
(2) Separating the duties of managing production systems and managing development or testing systems;
(3) Prohibiting application development and maintenance staff from accessing production system under normal circumstances unless management approval is granted to perform emergency repair, and all emergency repair activities should be recorded and reviewed promptly;
(4) Promoting changes of program or system configuration from development and testing systems to production systems should be jointly approved by IT organization and business departments, properly documented, and reviewed periodically.

Article 36. Commercial banks should have in place a set of policies, standards, and procedures to ensure data integrity, confidentiality, and availability. These policies should be in accordance with data integrity amid IT development procedure.

Article 37. Commercial banks should ensure that Information system problems could be tracked, analyzed, and resolved systematically through an effective problem management process. Problems should be documented, categorized, and indexed. Support services or technical assistance from vendors, if necessary, should also be documented. Contacts and relevant contract information should be made readily available to the employees concerned. Accountability and line of command should be delineated clearly and communicated to all employees concerned, which is of utmost importance to performing emergency repair.

Article 38. Commercial banks should have a set of policies and procedures controlling the process of system upgrade. System upgrade is needed when the hardware reaches its lifespan or runs out of capacity, the underpinning software, namely, operating system, database management system, middleware, has to be upgraded, or the application software has to be upgraded. The system upgrade should be treated as a project and managed by all pertinent project management controls including user acceptance testing.


Chapter VI IT Operations

Article 39. Commercial banks should consider fully the environmental threats (e.g. proximity to natural disaster zones, dangerous or hazardous facilities or busy/major roads) when selecting the locations of their data centers. Physical and environmental controls should be implemented to monitor environmental conditions could affect adversely the operation of information processing facilities. Equipment facilities should be protected from power failures and electrical supply interference.

Article 40. In controlling access by third-party personnel (e.g. service providers) to secured areas, proper approval of access should be enforced and their activities should be closely monitored. It is important that proper screening procedures including verification and background checks, especially for sensitive technology-related jobs, are developed for permanent and temporary technical staff and contractors.

Article 41. Commercial banks should separate IT operations or computer center operations from system development and maintenance to ensure segregation of duties within the IT organization. The commercial banks should document the roles and responsibilities of data center functions.

Article 42. Commercial banks are required to retain transactional records in compliance with the national accounting policy. Procedures and technology are needed to be put in place to ensure the integrity, safekeeping and retrieval requirements of the archived data.



Article 43. Commercial banks should detail operational instructions such as computer operator tasks, job scheduling and execution in the IT operations manual. The IT operations manual should also cover the procedures and requirements for on-site and off-site backup of data and software in both the production and development environments (i.e. frequency, scope and retention periods of back-up).

Article 44. Commercial banks should have in place a problem management and processing system to respond promptly to IT operations incidents, to escalate reported incidents to relevant IT management staff and to record, analyze and keep tracks of all these incidents until rectification of the incidents with root cause analysis completed. A helpdesk function should be set up to provide front-line support to users on all technology-related problems and to direct the problems to relevant IT functions for investigation and resolution.

Article 45. Commercial banks should establish service level agreement and assess the IT service level standard attained.

Article 46. Commercial banks should implement a process to ensure that the performance of application systems is continuously monitored and exceptions are reported in a timely and comprehensive manner. The performance monitoring process should include forecasting capability to enable exceptions to be identified and corrected before they affect system performance.

Article 47. Commercial banks should carry out capacity plan to cater for business growth and transaction increases due to changes of economic conditions. Capacity plan should be extended to cover back-up systems and related facilities in addition to the production environment.

Article 48. Commercial banks should ensure the continued availability of technology related services with timely maintenance and appropriate system upgrades. Proper record keeping (including suspected and actual faults and preventive and corrective maintenance records) is necessary for effective facility and equipment maintenance.

Article 49. Commercial banks should have an effective change management process in place to ensure integrity and reliability of the production environment. Commercial banks should develop a formal change management process.


Chapter VII Business Continuity Management

Article 50. Commercial banks should have in place appropriate arrangements, having regard to the nature, scale and complexity of its business, to ensure that it can continue to function and meet its regulatory obligations in the event of an unforeseen interruption. These arrangements should be regularly updated and tested to ensure their effectiveness.

Article 51. Commercial banks should consider the likelihood and impact of a disruption to the continuity of its operation from unexpected events. This should include assessing the disruptions to which it is particularly susceptible including but not limited to:
(1) Loss of failure of internal and external resources (such as people, systems and other assets);
(2) The loss or corruption of its information; and
(3) External events (such as war, earthquake, typhoon, etc).

Article 52. Commercial bank should act to reduce both the likelihood of disruptions (including system resilience and dual processing); and the impact of disruptions (including by contingency arrangements and insurance).

Article 53. Commercial bank should document its strategy for maintaining continuity of its operations, and its plans for communicating and regularly testing the adequacy and effectiveness of this strategy. Commercial bank should establish:
(1) Formal business continuity plans that outline arrangements to reduce the impact of a short, medium and long-term disruption, including:
a) Resource requirements such as people, systems and other assets, and arrangements for obtaining these resources;
b) The recovery priorities for the commercial bank’s operations; and
c) Communication arrangements for internal and external concerned parties (including CBRC, clients and the press);
(2) Escalation and invocation plans that outline the processes for implementing the business continuity plans, together with relevant contact information;
(3) Processes to validate the integrity of information affected by the disruption;
(4) Processes to review and update (1) to (3) following changes to the commercial bank’s operations or risk profile.

Article 54. A final BCP plan and an annual drill result must be signed off by the IT Risk management, or internal auditor and IT Steering Committee.


Chapter VIII Outsourcing

Article 55. Commercial banks cannot contract out its regulatory obligations and should take reasonable care to supervise the discharge of outsourcing functions.

Article 56. Commercial banks should take particular care to manage material outsourcing arrangement (such as outsourcing of data center, IT infrastructure, etc.), and should notify CBRC when it intends to enter into material outsourcing arrangement.

Article 57. Before entering into, or significantly changing, an outsourcing arrangement, the commercial bank should:
(1) Analyze how the arrangement will fit with its organization and reporting structure; business strategy; overall risk profile; and ability to meet its regulatory obligations;
(2) Consider whether the arrangements will allow it to monitor and control its operational risk exposure relating to the outsourcing;
(3) Conduct appropriate due diligence of the service provider’s financial stability, expertise and risk assessment of the service provider, facilities and ability to cover the potential liabilities;
(4) Consider how it will ensure a smooth transition of its operations from its current arrangements to a new or changed outsourcing arrangement (including what will happen on the termination of the contract); and
(5) Consider any concentration risk implications such as the business continuity implications that may arise if a single service provider is used by several firms.

Article 58. In negotiating its contract with a service provider, the commercial bank should have regard to ( but not limited to ):
(1) Reporting and negotiation requirements it may wish to impose on the service provider;
(2) Whether sufficient access will be available to its internal auditors, external auditors and banking regulators;
(3) Information ownership rights, confidentiality agreements and Firewalls to protect client and other information (including arrangements at the termination of contract);
(4) The adequacy of any guarantees and indemnities;
(5) The extent to which the service provider must comply with the commercial bank’s polices and procedures covering IT Risk;
(6) The extent to which the service provider will provide business continuity for outsourced operations, and whether exclusive access to its resources is agreed;
(7) The need for continued availability of software following difficulty at a third party supplier;
(8) The processes for making changes to the outsourcing arrangement and the conditions under which the commercial bank or service provider can choose to change or terminate the outsourcing arrangement, such as where there is:
a) A change of ownership or control of the service provider or commercial bank; or
b) Significant change in the business operations of the service provider or commercial bank; or
c) Inadequate provision of services that may lead to the commercial bank being unable to meet its regulatory obligations.

Article 59. In implementing a relationship management framework, and drafting the service level agreement with the service provider, the commercial bank should have regarded to (but not limited to):
(1) The identification of qualitative and quantitative performance targets to assess the adequacy of service provision, to both the commercial bank and its clients, where appropriate;
(2) The evaluation of performance through service delivery reports and periodic self assessment and independent review by internal or external auditors; and
(3) Remediation action and escalation process for dealing with inadequate performance.

Article 60. The commercial bank should enhance IT related outsourcing management, in place following (not limited to ) measures to ensure data security of sensitive information such as customer information:
(1) Effectively separated from other customer information of the service provider;
(2) The related staff of service provider should be authorized on “need to know” and “minimum authorization” basis;
(3) Ensure service provider guarantee its staff for meeting the confidential requests;
(4) All outsourcing arrangements related to customer information should be identified as material outsourcing arrangements and the customers should be notified;
(5) Strictly monitor re-outsourcing actions of the service provider, and implement adequate control measures to ensure information security of the bank;
(6) Ensure all related sensitive information be refunded or deleted from the service provider’s storage when terminating the outsourcing arrangement.


Article 61. The commercial bank should ensure that it has appropriate contingency in the event of a significant loss of services from the service provider. Particular issues to consider include a significant loss of resources, turnover of key staff, or financial failure of, the service provider, and unexpected termination of the outsourcing agreement.

Article 62. All outsourcing contracts must be reviewed or signed off by IT Risk management, internal IT auditors, legal department and IT Steering Committee. There should be a process to periodically review and refine the service level agreements.


Chapter IX Internal Audit

Article 63. Depending on the nature, scale and complexity of its business, it may be appropriate for the commercial banks to delegate much of the task of monitoring the appropriateness and effectiveness of its systems and controls to an internal audit function. An internal audit function should be adequately resourced and staffed by competent individuals, be independent of the day-to-day activities of the commercial bank and have appropriate access to the bank’s records.

Article 64. The responsibilities of the internal IT audit function are:
(1) To establish, implement and maintain an audit plan to examine and evaluate the adequacy and effectiveness of the bank’s systems and internal control mechanisms and arrangements;
(2) To issue recommendations based on the result of work carried out in accordance with 1;
(3) To verify compliance with those recommendations;
(4) To carry out special audit on information technology. The term “special audit” of information technology refers to the investigation, analysis and assessment on the security incidents of the information system, or the audit performed on a special subject based on IT risk assessment result as deemed necessary by the audit department.

Article 65. Based on the nature, scale and complexity of its business, deployment of information technology and IT risk assessment, commercial banks could determine the scope and frequency of IT internal audit. However, a comprehensive IT internal audit shall be performed at a minimum once every 3 years.

Article 66. Commercial banks should engage its internal audit department and IT Risk management department when implementing system development of significant size and scale to ensure it meets the IT Risk standards of the Commercial banks.


Chapter X External Audit

Article 67. The external information technology audit of commercial banks can be carried out by certified service providers in accordance with laws, rules and regulations.

Article 68. The commercial bank should ensure IT audit service provider to review and examine bank’s hardware, software, documentation and data to identify IT risk when they are commissioned to perform the audit. Vital commercial and technical information which is protected by national laws and regulations should not be reviewed.

Article 69. Commercial bank should communicate with the service provider in depth before the audit to determine audit scope, and should not withhold the truth or do not corporate with the service provider intentionally.

Article 70. CBRC and its local offices could designate certified service providers to carry out IT audit or related review on commercial banks when needed. When carrying out audit on commercial banks, as commissioned or authorized by CBRC or its local offices, the service providers shall present the letter of authority, and carry out the audit in accordance to the scope prescribed in the letter of authority.

Article 71. Once the IT audit report produced by the service providers is reviewed and approved by CBRC or its local offices, the report will have the same legal status as if it is produced by the CBRC itself. Commercial banks should come up with a correction action plan prescribed in the report and implement the corrective actions according to the timeframe.

Article 72. Commercial banks should ensure the service providers to strictly comply with laws and regulations to keep confidential and data security of any commercial secrets and private information learnt and IT risk information when conducting the audit. The service provider should not modify copy or take away any documents provided by the commercial banks.


Chapter XI Supplementary Provisions

Article 73. Commercial banks with no board of directors should have their operating decision-making bodies perform the responsibilities of the board with regard to IT risk management specified herein.

Article 74. The China Banking Regulatory Commission supervises and regulates the IT risk management of commercial banks under its authority by law.

Article 75. The power of interpretation and modification of the Guidelines shall rest with the China Banking Regulatory Commission.

Article 76. The Guidelines shall become effective as of the date of its issuance and the former Guidelines on the Risk Management of Banking Institutions’ Information Systems shall be revoked at the same time.


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烟类产品税征税办法

财政部


烟类产品税征税办法
财政部


根据1997年9月8日财政部发布的关于公布废止和失效的财政规章目录(第六批)的通知废止


为了正确贯彻《中华人民共和国产品税条例(草案)》及其实施细则的政策精神,做好烟类产品的税收征收管理工作,保证国家财政收入,特制定《烟类产品税征税办法》。
一、税目、税率
─────────────────┬─────────────────
税 目 │ 税 率
─────────────────┼─────────────────
1.卷烟 │
甲级卷烟 │ 60%
乙级卷烟 │ 60%
丙级卷烟 │ 56%
丁级卷烟 │ 50%
戊级卷烟 │ 32%
─────────────────┼─────────────────
2.雪茄烟 │ 47%
─────────────────┼─────────────────
3.烟丝 │ 35%
─────────────────┴─────────────────
二、征收范围
(一)凡是以烟叶为原料加工生产的产品,不论使用何种辅料,均属于烟类产品的征收范围。
(二)卷烟的征收范围,包括普通卷烟和雪茄型卷烟。
普通卷烟,是指以烤烟为原料或者以烤烟和晾晒烟为原料,用白色盘纸卷制的烟制品。
雪茄型卷烟,是指以晾晒烟为原料或者以晾晒烟和烤烟为原料,用棕色盘纸、涂布纸或烟草薄片卷制的烟制品。
(三)雪茄烟的征收范围,包括全叶卷雪茄烟和半叶卷雪茄烟。
全叶卷雪茄烟是指以晾晒烟为原料或者以晾晒烟和烤烟为原料,用烟叶作为烟支的内外包皮卷制的烟制品。
半叶卷雪茄烟,是指以晾晒烟为原料或者以晾晒烟和烤烟为原料,用烟叶作为烟支外包皮,用卷烟纸或烟草薄片作为烟支内包皮卷制的烟制品。
(四)烟丝,是指将烟叶制成丝状、粒状、片状、末状或其他形状,包括斗烟、莫合烟等不经过卷制即可供销售吸用的烟制品。
(五)对以烟叶为原料掺用药物生产的烟类产品,应分别按卷烟、雪茄烟或烟丝征税。
三、卷烟的征税等级
(一)卷烟的分级计税标准规定如下:
每大箱(五万支,下同)出厂价格在1200元以上(包括1200元)的,按照甲级卷烟税率征税;
每大箱出厂价格在680元以上(包括680元),不到1200元的,按照乙级卷烟税率征税;
每大箱出厂价格在430元以上(包括430元),不到680元的,按照丙级卷烟税率征税;
每大箱出厂价格在280元以上(包括280元),不到430元的,按照丁级卷烟税率征税;
每大箱出厂价格不到280元的,按照戊级卷烟税率征税;
卷烟出厂价格,系指由烟类产品价格主管部门(以下简称价格主管部门)按规定的管理权限核定的出厂价格。
卷烟分级计税标准的调整,由财政部确定。
(二)对过滤嘴卷烟,以出厂价格减去本办法第四条所规定的滤嘴成本扣除定额后的余额,确定征税等级和适用税率。
(三)使用金属、塑料、竹木、白板纸硬质听、盒或条包装的卷烟和使用玻璃纸包装的卷烟,以出厂价格减去本办法第四条所规定的扣除项目后的余额,确定征税等级和适用税率。
(四)卷烟由于接装过滤嘴、改变包装或其它原因提高出厂价格后,应按照新的出厂价格依上述规定确定征税等级和适用税率。
(五)烟厂委托加工的卷烟,视同本企业自制的产品,按规定确定征税等级和适用税率。
烟厂以外的其他单位和个人委托加工的卷烟,一律按甲级卷烟税率征税。
(六)残次品卷烟,应按照同牌号同规格正品烟的征税等级确定适用税率。
(七)下列卷烟,不分等级一律按照甲级卷烟税率征税:
1.进口的卷烟;
2.白包卷烟;
3.手工卷烟;
4.未经国务院批准纳入国家计划的企业(以下简称计划外企业)生产的卷烟;
5.未报经价格主管部门核定价格的卷烟和价格主管部门超越管理权限核定价格的卷烟。
四、计税依据
(一)纳税人生产销售(包括工业企业自销,下同)的烟类产品,除本条第(二)款所规定的以外,均应按照销售收入或者销售收入减去规定的扣除项目后的余额,计算缴纳产品税。
烟类产品的“销售收入”,包括从购货方取得价外补贴收入。
(二)纳税人以低于出厂价格的售价销售的卷烟和雪茄烟,或者以高于出厂价格的售价自销的而又应征收营业税的卷烟和雪茄烟,应当按照出厂价格或出厂价格减去规定的扣除项目后的余额,计算缴纳产品税。
但纳税人以低于出厂价格的售价销售的残次品卷烟和雪茄烟,以及经省级以上烟草主管部门批准一次性削价处理的卷烟和雪茄烟,可以按照销售收入或销售收入减去规定的扣除项目后的余额,计算缴纳产品税。
(三)对于过滤嘴卷烟,以销售收入或出厂价格扣除规定的滤嘴成本后的余额作为计税依据征收产品税,每大箱(五万支)过滤嘴卷烟的滤嘴成本扣除定额为:
二十毫米以下醋酸纤维嘴九十五元;
二十毫米以上(包括二十毫米),不到二十五毫米醋酸纤维嘴一百二十五元;
二十五毫米以上(包括二十五毫米),不到三十毫米醋酸纤维嘴一百五十元;
三十毫米以上(包括三十毫米)醋酸纤维嘴一百七十五元;
纸嘴六十元。
对予以扣除的自制或委托加工的过滤嘴,应根据扣除的金额按照“其他工业品”税率征收产品税。
(四)对于使用白板纸硬质盒、条包装的甲、乙级精装卷烟以销售收入或出厂价格减去规定的白板纸成本后的余额作为计税依据征收产品税。每大箱(五万支)卷烟白板纸包装物成本扣除定额为:
十支以上盒装卷烟,条包装55元,盒包装160元;
十支以下(包括十支)盒装卷烟,条包装100元,盒包装270元;
使用玻璃纸盒、条包装的卷烟,以销售收入或出厂价格减去规定的玻璃纸成本后的余额作为计税依据征收产品税。每大箱(五万支)卷烟玻璃纸包装物成本扣除定额为:
十支以上盒装卷烟,条包装16元,盒包装(包括金拉线)34元;
十支以下(包括十支)盒装卷烟,条包装26元,盒包装(包括金拉线)40元。
(五)对于使用金属、塑料、竹木硬质听盒、条包装的卷烟,应以销售收入或出厂价格扣除金属、塑料、竹木硬质包装物实际成本后的余额作为计税依据征收产品税。
对于使用金属、塑料、竹木硬质听、盒或单支包装的雪茄烟和使用白板纸、玻璃纸包装的雪茄烟,以销售收入或出厂价格扣除金属、塑料、竹木硬质包装物实际成本和白板纸、玻璃纸实际成本后的余额,作为计税依据征收产品税。
准予扣除的上述包装物成本,系指硬质听、盒、条包装物本身的自制成本或购进金额(包括硬质包装物的买价、外地运杂费、运输途中的合理损耗、入库前的挑选整理费用和大宗市内运输费),不包括听、盒、条包装附带的其他材料,如内衬纸、封签、听或条包装的商标纸等,也不包
括包装费用,包装利润、包装物的保管费用。
(六)准予扣除的包装物,如果是自制或委托加工的,应当按照所扣除的金额,依包装物的适用税率征收产品税。
(七)对下列卷烟和雪茄烟,一律按照销售收入或出厂价格征税,不得扣除任何项目:
1.白包卷烟、白包雪茄烟;
2.手工卷烟;
3.计划外企业生产的卷烟和雪茄烟;
4.未经烟类产品价格主管部门核定价格的卷烟、雪茄烟和价格主管部门超越管理权限核定价格的卷烟、雪茄烟。
(八)烟厂委托加工的烟类产品,视同本企业自己生产的产品,按上述规定确定计税依据计算纳税。其他单位和个人委托加工的烟类产品,按照受托企业同类型产品的销售收入或出厂价格计算纳税,不得扣除任何项目;没有同类型产品的,按照组成计税价格计税。组成计税价格的公式
为:
组成计税价格=(材料成本+加工费)÷(1-产品税税率)
(九)进品的烟类产品,按照组成计税价格计算纳税,不得扣除任何项目。组成计税价格的计算公式为:
组成计税价格=(到岸价格+关税)÷(1-产品税税率)
五、用于非生产等其他用途的烟类产品
纳税人将自产的烟类产品用于下述方面,无论在财务上如何处理,均应视为产品销售,按规定征收产品税:
(一)用于本企业的非生产项目,如馈赠、招待、职工福利、奖励等;
(二)用于换取原料或其他物资,支付代销手续费或者销售回扣,以及在销售数量外另付给购货方或中间人作为奖励或报酬,等等。
六、纳税义务的发生时间
(一)纳税人销售烟类产品,其纳税义务的发生,采用托收承付结算方式的,为收到货款的当天;采用其它结算方式的,为发出商品的当天。
(二)纳税人将自产的烟类产品用于本企业非生产项目,其纳税义务的发生,为移送使用的当天。
(三)其他单位和个人委托加工烟类产品,其纳税义务的发生,为提货的当天。
(四)纳税人进口烟类产品,其纳税义务的发生,为报关进口的当天。
七、纳税地点
(一)烟厂销售的烟类产品,包括到外地自销或委托外地代销的烟类产品,应在烟厂所在地纳税。
(二)除烟厂以外的其他单位和个人委托加工的烟类产品,一律在受托企业所在地纳税。应纳税款由受托企业代收代缴。
八、减税免税
(一)烟厂直接出口或委托其他单位代理出口的烟类产品,免征产品税;烟厂销售给经营出口单位的烟类产品应照章纳税,由经营出口单位在报关出口并在财务上作销售处理后,向本单位所在地税务机关申请退还已经缴纳的税款。
(二)科研单位为了进行烟草科学研究自制和委托加工的不供销售的烟类产品,由省、自治区、直辖市税务局批准,给予限量免税照顾。
(三)烟类产品的以税还贷问题按照有关规定办理。
(四)除本条第(一)、(二)款所规定的以外,对卷烟的减税、免税,以及在全省、自治区、直辖市范围内对雪茄烟和烟丝的减税、免税,必须报财政部批准。
个别企业生产的雪茄烟和烟丝,按规定税率纳税有困难的,由省、自治区、直辖市税务局批准,给予定期减免税照顾。
(五)对以下烟类产品,一律不得减税免税:
1.销售给经营出口单位的烟类产品(不包括财政部特案批准减、免税的烟类产品);
2.白包卷烟、白包雪茄烟;
3.手工卷烟;
4.计划外企业生产的卷烟和雪茄烟;
5.未经价格主管部门核定价格的卷烟、雪茄烟和价格主管部门超越管理权限核定价格的卷烟、雪茄烟。
九、稽征管理和违章处理
(一)从事烟类产品生产的纳税人,其纳税登记、申报纳税、报交税款方式、违章处理等,应分别依照《中华人民共和国产品税条例(草案)》及其实施细则和其他有关规定办理。
(二)税务机关对生产卷烟的单位,应根据企业规模和生产经营特点派驻厂组或专职专管员驻厂办理征收工作。
(三)卷烟厂一般应按日计算纳税;规模小,税额较少的,也可以每三日或五日缴纳一次税款,但最长不得超过五天。
(四)生产烟类产品的纳税人,必须定期向税务机关提供生产(包括生产数量、产品品种、原料品种、销售价格、原料消耗、包装等)、库存、销售、财务核算以及其他与纳税有关的资料和报表。税务机关应负责为其保密。



1986年1月25日
暴力抗拒法院执行现状及分析

赵金城 崔照铭


暴力抗拒执行法院生效法律文书的违法犯罪活动,是多年来存在于法院执行工作中的一大顽症,它严重威胁着执行干警的人身安全,影响和制约着执行工作的正常开展,极大地损害了人民法院的权威,破坏了国家的法制形象。暴力抗拒执行主要表现在冲击执行现场、围攻殴打执行人员、毁坏执行装备等。研究分析暴力抗法事件的原因,如何预防暴力抗法事件,是摆在各级法院面前的一大难题。
一、暴力抗拒法院执行事件发生是多种原因造成的
一是普法力度还不够深入持久。由于公民特别农村群众法律意识淡薄,大多数债务人无视法律,抗拒执行。以往所发生的暴力抗法事件,绝大多数案件均发生在乡村。这些被执行人和一些村民法律意识淡薄,不但不自觉履行法院生效裁判文书确定的义务,还故意抗拒法院的执行活动,对执行人员进行侮辱、谩骂、使用暴力或以暴力相威胁,甚至围攻殴打执行人员。
二是地方、部门保护主义思想严重。一些政府及其职能部门特别是乡镇政府从保护本地区经济利益出发,对法院的执行工作进行干预,甚至阻挠执行。这种行政职权的干预,是当前强制执行中较为突出的问题。
三是对暴力抗法行为打击不力。暴力抗法者之所以气焰如此嚣张,与对此类行为打击不力不无关系。根据现行法律规定,人民法院认为暴力抗法者的行为构成犯罪的,应当将案件交由公安机关立案查处,再由检察院提起公诉,最后由法院定罪判刑。但往往由于有关机关未能较好配合,难以及时对暴力抗法者进行刑事处分,而只能由法院作出司法拘留和罚款处理了事。由于法律的权威性、操作性不强,使得一些人敢于藐视法律,甚至敢于公然与法律对抗。
四是执行人员行为错误引起。执行中与人民群众发生冲突的,有些是由于执行人员行为错误引起,如违法执行、野蛮执行、滥用执行权等。
五是宣传力度不够。对那些暴力抗法者,在追究法律责任的同时,要积极宣传这些案件,让人民群众了解那些暴力抗法者都没有得到好下场,受到了法律律更加严厉的惩罚,使那些想抗法者闻此止步,这样也可避免一些暴力抗法事件发生。
二、如何防范暴力抗拒法院执行事件发生
一是加大法律宣传力度,教育公民遵守法律。执行工作是一项法律性、政策性、思想性很强的工作,执行活动要体现出对公民宣传法律的作用和力度及对当事人起到依靠法律、遵守法律的教育作用。如通过张贴执行公告、公开采取强制执行措施、召开执行大会和新闻媒体曝光等,使执行当事人和广大公民受到生动的法制教育,进而增强法制观念。
二是发生暴力抗拒执行事件要及时报告当地党委、人大,依靠党委的领导和人大的监督排除干扰,清除阻力,依法执行;对暴力抗法事件的策划、组织、指挥者及主要行为人,要及时采取强制措施,依法严肃处理;对涉及事件的干部要报告当地纪委,严肃查处。
三是暴力抗法事件的频发应当引起各级法院的高度重视。一方面,要关心执行干警在执行公务中的人身安全,要强化执行干警的安全意识和自我保护意识,尽可能防止受到不必要的伤害;另一方面,要教育执行人员严格遵守各项执行纪律,讲究执行艺术,改进工作作风,坚决禁止违法执行、野蛮执行的行为,树立依法执行、文明执行的良好形象。
四是对发生的暴力抗拒执行事件和对事件的处理要通过新闻媒体曝光,将“恶民”公诸于众,使得赖债者不敢抗法,从而激起广大公民的正义感,为执法营造一个良好的环境。

单位:山东省垦利县人民法院
邮编:257500



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