商业银行操作风险管理指引英文分析报告.docVIP

Guidelines on Operational Risk Management of Commercial Banks ? 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 as well as other applicable laws and regulations, the Guidelines are formulated so as to enhance the operational risk management of commercial banks. ? Article 2 The Guidelines apply to domestic commercial banks, wholly foreign-funded banks and Chinese-foreign joint venture banks incorporated within the territory of the People’s Republic of China. ? Article 3 The operational risk in the Guidelines refers to the risk of loss resulting from inadequate or failed internal processes, people and IT system, or from external events. It includes legal risk but excludes strategic and reputational risk. ? Article 4 The China Banking Regulatory Commission (hereinafter referred to as the “CBRC”) supervises and regulates the operational risk management of commercial banks and evaluates the effectiveness thereof under its authority by law. ? Chapter II Operational Risk Management ? Article 5 Commercial banks should, in line with the Guidelines, set up an operational risk management system suitable to their own business nature, scale and complexity to effectively identify, assess, monitor and control/mitigate operational risk. This system can be in any form, but should comprise at least the following basic elements: ? 1)????? oversight and control by the board of directors; 2)????? roles and responsibilities of senior management; 3)????? appropriate organizational structure; 4)????? operational risk management policies, methods, and procedures; and 5)????? requirements on making capital provisions for operational risk. ? Article 6 The board of directors in a commercial bank should treat operational risk as a major risk and charge the ultimate responsibility for monitoring the effectiveness of operational risk management. T