General Provisions Article to promote China's banking card clearing market healthy development, standardize management bank card clearing organization, to protect the lawful rights and interests, according to "People's Republic of China People's Bank of China", "the State Council on the implementation of bank card clearing organization access management decisions "(Guo Fa [2015] No. 22), to develop this approach.

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.

Only provide cross-border transactions in 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 bank card stable operation of clearing system or public confidence has important implications for pay, it should be established within the territory of People's Republic of China corporation, obtain bank card clearing business license according to law.

Fourth 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.

Article to protect the security of financial information, bank cards issued within the territory in which the transaction shall be treated in bank card clearing service infrastructure done by.

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 Currency exclusions and bank card clearing services.

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 related party financial information to be confidential; in addition to other laws and regulations there are provisions, without their authorization and may not provide.

Bank card clearing houses and foreign institutions to deal with cross-border transactions and bank cards by the parties authorized to receive the card issuer or transfer outside the territory of a single agency to collect relevant personal financial information, business rules should be adopted and agreements effective measures to require foreign issuers or acquirers personal financial information obtained as confidential.

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.

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.

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.

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.

Chapter II Application and registered capital License

bank card clearing organization Article XI of not less than 1 billion yuan, the investor should be invested its own funds, the funds may not delegate , and other non-debt capital invested its own funds.

Bank card clearing organization for more than 50% of the directors of Article 12 (including the chairman, vice-chairman) and all senior managers should have appropriate professional knowledge representation, more than five years of banking, payment or liquidation of experience and good character, reputation, as well as the independence of their duties.

Except as "People's Republic of China Company Law" provisions, the following circumstances, may not serve as a director of bank card clearing organization, senior management staff:

(a) a major negligence or criminal record.

(Ii) 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.

(C) is 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 2 years .

Article 13 The applicant to the People's Bank of China made preparations to apply for bank card clearing organization shall submit the following application materials:

(a) preparations for the application, state the name, address, registered capital and so on.

(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.

(C) prove its capital strength to meet the requirements of the material and relevant evidence.

(Iv) is true, complete, the most recent year financial report fair, except for the establishment of less than a year.

(E) the investor invested resolution, amount of contribution, methods and sources of funds, and a description of the relationship between the investors. Other single stake

(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 irregularities and proven record Business experience proof.

Contributors are domestic banking financial institutions shall provide a copy of the financial and business license China Banking Regulatory Commission permit approval documents of its investment bank card clearing organization.

(VII) on the company's actual controller description.

(VIII) organizational structure set up, financial independence, risk control and compliance system construction building mechanisms note.

(Ix) anti-money laundering and anti-terrorist financing internal control system program, organizational structure, programs and technical conditions related work instructions.

(X) trademark registration bank card clearing brand trademark, the use of investor liquidation of all bank card brands, trademarks should provide proof of ownership of the investor, the transfer agreement or authorize the use of protocols and application the person filing the trademark license.

(XI) bank card clearing business feasibility studies, business plan development and infrastructure construction projects.

(Xii) framework in line with national standards, industry-standard bank card clearing service standards and business rules.

(XIII) cardholders and merchants rights protection policies and mechanisms. List

(XIV) Preparatory work program and key staff, curriculum vitae.

(Xv) other matters and the need to declare the authenticity of the application materials specifically described.

Above material is foreign language, it shall also provide the Chinese translation, and Chinese versions shall prevail.

Been 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. Within 10 days

Article XIV of People's Bank of China received the preparations 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.

People's Bank of China in accordance with Article XV in favor of the principle of prudence bank card clearing market and fair competition and healthy development, and the views of China Banking Regulatory Commission, from the date of acceptance within 90 days to approve or the decision not to approve the preparation and notify the applicant in writing. It decided not to approve, it shall explain the reasons.

Article XVI bank card clearing organization approved preparatory period from the date of the preparatory 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.

Seventeenth 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:

(a) opening an application, state the name, address, registered capital and operating funds.

(Ii) clearing bank card business standards and business rules of the specific content and detail.

(C) clearing bank card business infrastructure report, construction reports, business continuity plans and contingency plans.

(Iv) clearing bank card business infrastructure and technical safety standards in line with evidence. Qualification application materials

(v) aspiring directors and senior management, including but not limited to the description and history of education, titles, with independence as a description of the duties required, no criminal record and were not punishment and other relevant documents.

(Vi) internal control, risk prevention and compliance mechanism material.

(Vii) information security mechanism materials including, but not limited to, bank card payment network information security standards, network security management mechanism, personal information security protection mechanism, the core business of information system security protection rating and evaluation report independent information security risk assessment, information security management system.

(Viii) anti-money laundering and anti-terrorist financing measures acceptance materials.

(Ix) the completion of the preparatory work summary reports, including changes in the original application materials preparatory note and related documents.

(X) in order to meet the bank card clearing business franchise requirements, the completion of the release of other services.

(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 of bank card clearing services, the service should be provided by the foreign institutions to applicants migration work plans and programs.

(12) other matters and the authenticity of the application materials required to declare special note.

Overdue opening of the application, the file is automatically prepared for ratification failure.

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 incumbent agency, to carry out professional knowledge and ability test and other ways to serve the proposed directors and senior management meets the qualifications for review.

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 opened, and a written notice applicant. An approval is issued by the ratification document and bank card clearing business license and make an announcement; the decision is not approved, the reasons.

Diershitiao 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 be announcement.

Article XXI foreign institutions to provide cross-border transactions of foreign currency bank card clearing services means:

(a) authorize a domestic acquirer or cooperation with domestic bank card clearing organization, realization of bank cards issued overseas in the use of its territory.

(2) authorizing the issue of domestic issuers are limited to foreign currency bank card use outside.

Article 22 foreign institutions and domestic bank card clearing agencies 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.

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 on the 30th to submit the following materials:

(a) basic information agency.

(B) in the home country under supervision of the case.

(Iii) participation in national or international legend payment system.

(Iv) the institution of internal control, information security and risk prevention mechanism.

(E) of the anti-money laundering and anti-terrorist agencies internal financial control system, organizational structure and circumstances related work instructions.

(Vi) bank card clearing service infrastructure operation.

(Vii) clearing bank card business rules.

(Viii) business development plan, cooperation with domestic institutions explained.

(Ix) cardholders and merchants rights protection policies and mechanisms.

(10) other items and materials required to declare the authenticity special note.

Above material is 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.

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. Chapter III



Change and Termination Article 25 bank card clearing organization have to change one of the following matters, it should be required to submit to the People's Bank of China to change the application materials:

(a) to set up branches.

(B) the division or merger.

(Iii) change the company name or the articles of association.

(Iv) change of registered capital.

(V) change or other major contributors single stake of more than 10% of the investors.

(Vi) change your bank card clearing brand.

(Vii) replacement of directors and senior management.

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.

Bank card clearing organization to change a single stake of more than 5% of the investor, does not belong to the above provisions of the fifth case, the change shall be submitted to the People's Bank of China and China Banking Regulatory Commission in advance written report on the case.

Article 26 Where a foreign investor bank card clearing organization shall execute foreign acquisition of domestic infrastructure security review regulations.

Article 27 bank card clearing organization terminate some or all bank card clearing business and dissolved, it shall submit the following application materials to the People's Bank of China:

(a) terminate the Application Form , specifying the name of the organization and shelter.

(B) the general meeting of shareholders (shareholders) or board resolution discontinued operations.

(Iii) discontinued operations assessment report.


(Iv) and network agencies agreed to terminate the business disposal program.

(E) termination of business contingency plans.

(F) relates to the protection of rights and interests of cardholders and merchants action.

(7) other matters and the authenticity of the application materials required to declare special note.

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. 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.

Article 28 Foreign Institutional terminate the provision of cross-border transactions of foreign currency for bank card clearing services, should be at least 30 days in advance People's Bank of China and China Banking Regulatory Commission to report, submit the following materials: || |
(a) discontinued operations assessment report.

(B) concluded with the termination of business network organization disposal program.

(Iii) the termination of business contingency plans.

(D) relates to the protection of rights and interests of cardholders and merchants action.

(V) other matters and materials need special authenticity statement explained.



Chapter IV Legal Liability 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 be held criminally accountable:

(a) violation of the provisions apply for the examination and approval bank card clearing business, change, termination and other issues.

(B) known to leak state secrets or commercial secrets. Other acts in violation of laws and regulations

(c) abuse of power, dereliction of duty and so on.

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" Article 46 shall be punished:

(a) Failing to establish a bank card clearing business standards, business rules, internal control , information security and risk prevention mechanisms.

(B) Failing to report related matters.

(Iii) transfer, lease, lend, bank card clearing business license.

(D) out of range of operations.

(V) the appointment of non-compliance of directors and senior management personnel.

(Vi) failure to apply for such changes or unlawfully establishing any branch.

(7) refusing or impede the relevant inspection, supervision and management.

(Viii) restrict issuers or acquirers in cooperation with other bank card clearing organization.

(Ix) bank card clearing service infrastructure major risks.

(X) unjustified restrictions, refused to bank card transactions, or suspend, terminate bank card clearing services.

(Xi) providing false information or concealing important facts or information.

(12) to violate the regulations related to information security. Other damage to the legitimate interests of cardholders and merchants

(XIII), or in violation of regulations concerning liquidation, endanger bank card market order, illegal violations.

Article 31 bank card clearing institutions and foreign institutions in violation of anti-money laundering and anti-terrorist financing regulations, in accordance with relevant laws and regulations.

Article 32 applicants did not disclose relevant information or provides false materials to apply for bank liquidation business license cards, People's Bank of China shall not accept or no administrative license and given a warning, the applicant shall within one year license applications for liquidation business card again.

Licensee to obtain bank card clearing business license fraud, bribery or other improper means, 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 again in 3 years bank card clearing business license; suspected of a crime shall be transferred to judicial organs be held criminally responsible.

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 based on the provisions of Article 46, "people's Republic of China people's Bank of China law" be punished; suspected of a crime shall be transferred to judicial organs be held criminally responsible.



Chapter V Supplementary Provisions Article 34 The term liquidation of the bank card business card standard system includes a standard, accepted standards, information exchange standards, business process standards and information security standards content.

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.

Business processing system refers to the bank card bank card clearing organization providing clearing and settlement system transaction switching system.

Risk management system is a bank card clearing participants and services for risk identification, assessment and control system bank card clearing agencies.

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.

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 and download files on liquidation, under the Issuer identification code information is sent, and exchange information inquiry issued and other information services auxiliary systems.

Disaster recovery system is a bank card clearing organization in response to abnormal catastrophe established in advance of the relevant system's backup system.

Article 36 "Decision of 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 file liquidation business, referring to Article 17 and apply for a bank card clearing business license.

"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.

Article 27 The People's Bank of China, together with the China Banking Regulatory Commission.

Article 38 These Measures shall come into force from the date of publication.