Laws of the People's Republic of China

China Banking Regulatory Commission

Notice of China Banking Regulatory Commission on Further Strengthening Foreign Exchange Risks Management

To all the banking regulatory bureaus, policy banks, state-owned commercial banks and joint-stock commercial banks,

Recently, some relevant departments have promulgated a series of reform measures regarding Renminbi exchange rate formation mechanism and the inter-bank foreign exchange market of our country. In particular, the over-the-counter transactions and the system of market makers were introduced into the inter-bank spot foreign exchange market on January 4, 2006, which pose new requirements and challenges for the business operations and risk management of the banking industry. For the purpose of effectively controlling foreign exchange risks of the banking industry and ensuring the safe and stable operation of the banking industry, a notice on the relevant matters is made hereby as follows:

I.

Attach much importance to and comprehensively evaluate the possible effects of the reform of Renminbi exchange rate formation mechanism and the development of inter-bank foreign exchange market on foreign exchange businesses and foreign exchange risks of your own bank. The board of directors and senior managerial staff of each bank (including urban and rural credit cooperatives, the same hereinafter) shall initiatively study and actively formulate various counter-measures in order to ensure that the development strategies of foreign exchange businesses conform to its risk management level and level of capital adequacy. All the banks shall further improve the foreign exchange risk management system, initiatively establish foreign exchange risk management departments or functions independent of operational foreign exchange business departments and implement the risk management in the whole process of foreign exchange businesses in light of the new Renminbi exchange rate formation mechanism and trading mode.

II.

Accurately calculate foreign exchange risk open positions, including the single currency open positions and overall open positions in the bank accounts and trading accounts, and effectively control the overall foreign exchange risks of banks. At the same time, special attention shall be paid to monitoring and management of foreign exchange risks of the clients that get loans from banks. The effects of the alteration of the level of foreign exchange risks of such clients to their ability of debt payment shall be timely evaluated.

III.

Strengthen the quota management of foreign exchange transactions, including the position limits and stop-loss limits of transactions, etc. All the banks shall formulate monitoring and handling procedures and establish pre-warning mechanism for predicting quota excess, and timely handle the unapproved transactions which exceed limits according to the policies and procedures for the quota management. A market-maker bank shall strictly control comprehensive positions of market makers.

IV.

Enhance the price management level and quotation capacity for foreign exchange transactions. All the relevant banking institutions shall realize an effective link-up of foreign exchange prices between the banks and foreign exchange trading markets, between the banks and the clients and between head offices and branches, and realize a uniform quotation and dynamic management within their respective whole bank. All the banks shall give reasonable quotation of foreign exchange transactions based on costs, proceeds and risks analysis in order to avoid malicious price-related competition in the intra-trade competition or the sales promotion to clients.

V.

Continuously strengthen the system construction. A market-maker bank shall strengthen the construction of trading system, information system and risk management system, and timely collect and incorporate the foreign exchange transactions of branches into the management of the head office, and try to collectively balance transactions at the head office in light of the actual situation, and continuously enhance the computerization level of foreign exchange transactions and foreign exchange risk management.

VI.

Formulate and improve the credit risk management mechanism of trading opponents. With the manner of over-the-counter transactions, all the banks shall effectively manage the credit risks of trading opponents by strengthening the credit-granting management of trading opponents, etc., and re-evaluate the credit risks of trading opponents on terms. All the banks shall incorporate the credit risks of clients involved in foreign exchange transactions into the management system of uniform credit-granting of enterprise legal persons.

VII.

Effectively prevent operational risks in foreign exchange transactions. All the banks shall strictly distinguish and control the operational risks in foreign exchange transactions by following such procedures as the preparations before transactions, realization and confirmation of transactions, capital settlement, verification of current accounts and accounting and financial control. The responsibilities for front, middle and back offices in foreign exchange transactions shall be strictly separated. The staff for transactions shall carry out transactions in strict accordance with the business operational authorization; the staff in back offices shall carefully and timely confirm transactions, carry out capital settlement and verification of current accounts, which exhibit their independent and effective risk monitoring role; and independent middle offices may be set up for monitoring the risks relating to foreign exchange transactions when necessary. All the banks shall practically strengthen the implementation of various rules and systems and effectively control the regulation compliance risks.

VIII.

Strengthen the internal audit of foreign exchange risks. The auditing departments shall have professionals that are familiar with foreign exchange transactions and capable of auditing foreign exchange risks; the auditing departments shall strengthen the examination of internal audit of foreign exchange risks, timely evaluate the shortcomings of their respective banks with respect to foreign exchange risks control and ensure the effective implementation of various risk management policies and procedures.

IX.

Strictly control the risks of foreign exchange derivatives. The banks engaging in the derivative-related transactions from the conversion of Renminbi into foreign currencies shall establish an effective risk management system in line with their transactions of derivatives in strict accordance with the requirements as prescribed in the Interim Measures for the Management of the Transactions of Derivatives of Financial Institutions; and they shall actively support and cooperate the exploration and development of new derivatives with respect to system development and accounting assessment.

X.

Provide qualified staff for foreign exchange transactions and foreign exchange risk management. All the banks shall fully adopt market means when hiring and selecting the staff for foreign exchange transactions and risk management, establish effective and proper incentive mechanism and performances assessment system and retain and absorb talents with proper treatments.

All the banks shall seriously implement such supervisory regulations as the Guidelines for the Market Risk Management of Commercial Banks, the Interim Measures for the Management of the Transactions of Derivatives of Financial Institutions, establish and improve the risk management system, actively enhance the market risk management level including foreign exchange risks management, and prevent the occurrence of significant losses of foreign exchange transactions. As to the further innovations in the inter-bank foreign exchange market, all the banks shall actively communicate and coordinate with relevant departments, formulate the pre-schemes as well as possible, and be well prepared in all aspects in advance, and shall timely report to the supervisory department in case of any significant matter.

All the banking regulatory bureaus are required to forward this Notice to all the city commercial banks, urban credit cooperatives, rural commercial banks, rural cooperative banks, rural credit cooperatives and foreign-funded banks within their respective jurisdiction.

China Banking Regulatory Commission

February 28, 2006