Article 1 These Measures are formulated in accordance with relevant laws and administrative regulations in order to regulate the overseas financial management business of commercial banks on behalf of customers.

Article 2 The term "overseas wealth management business on behalf of customers" as mentioned in these Measures refers to the business activities of commercial banks that have obtained the qualification of overseas wealth management business on behalf of customers in accordance with the relevant requirements of these Measures, and are entrusted by domestic institutions and individual residents (except domestic non-residents, hereinafter referred to as "investors") to invest the prescribed financial products overseas with the investors' funds.

Article 3 China Banking Regulatory Commission (hereinafter referred to as "China Banking Regulatory Commission") is responsible for the access management and business management of overseas wealth management business of commercial banks.

Article 4 The State Administration of Foreign Exchange (hereinafter referred to as the "SAFE") is responsible for the management of foreign exchange quotas for overseas wealth management business of commercial banks.

Article 5 A commercial bank shall abide by the laws and regulations of the state, the provisions of the state on foreign exchange control and industry management, and carry out investment activities in accordance with the laws and regulations of the place of investment.

Article 6 A commercial bank shall abide by the relevant provisions on the management of personal financial services of commercial banks when accepting the entrustment of domestic residents to provide overseas financial services to customers. When a commercial bank is entrusted by a domestic institution to carry out overseas wealth management business, it shall refer to the internal control system, risk management system construction and other prudential requirements of personal wealth management business management of commercial banks.

Article 7 Commercial banks should take practical and effective measures to strengthen relevant risk management when conducting overseas wealth management business on behalf of customers.

Chapter II Business Access Management

Article 8 A commercial bank shall apply to the China Banking Regulatory Commission for approval to offer overseas wealth management services on behalf of clients.

Article 9 A commercial bank shall be a designated foreign exchange bank to carry out overseas wealth management business on behalf of customers and meet the following requirements:

(1) An effective market risk management system has been established and improved.

(2) The internal control system is relatively perfect;

(3) Having the ability and experience in overseas investment management;

(4) The wealth management business activities have not been punished by the China Banking Regulatory Commission within one year before the application;

(5) Other prudential conditions required by the China Banking Regulatory Commission.

Article 10 A commercial bank shall submit the following materials (in triplicate) when applying to the China Banking Regulatory Commission for the qualification of overseas wealth management business on behalf of customers:

(1) an application;

(2) Relevant internal control and risk management systems;

(3) Draft trusteeship agreement;

(4) Other documents required by China Banking Regulatory Commission.

Article 11 China Banking Regulatory Commission (hereinafter referred to as CBRC) shall, in accordance with the relevant procedures and provisions of administrative licensing, examine and approve the qualifications of commercial banks for overseas financial services on behalf of customers.

Article 12 After obtaining the qualification of overseas financial services on behalf of customers, commercial banks sell personal financial products in China, which shall be managed in accordance with the relevant provisions of the Interim Measures for the Administration of Personal Financial Services of Commercial Banks.

After obtaining the qualification of overseas wealth management business on behalf of customers, commercial banks sell wealth management products or provide comprehensive wealth management services to domestic institutions. Access management is subject to the reporting system, and the reporting procedures and requirements and the management of related risks are implemented with reference to the relevant provisions of personal financial management.

Chapter III Quota of Foreign Exchange Purchase by Investment and Foreign Exchange Management

Article 13 Where a commercial bank is entrusted by an investor to purchase foreign exchange in RMB for overseas financial management, it shall apply to the foreign exchange bureau for the amount of foreign exchange purchase for overseas financial management.

Where a commercial bank accepts an investor's entrustment to make overseas financial investment with the investor's own foreign exchange, the entrusted amount shall not be included in the foreign exchange purchase amount approved by the foreign exchange bureau.

Article 14 A commercial bank shall submit the following documents to the foreign exchange bureau when applying for the foreign exchange purchase quota for overseas financial management on behalf of its customers:

(1) application (including but not limited to the basic information of the applicant, the amount of foreign exchange to be purchased by investment, investment plan, etc.). );

(2) The business qualification approval document of China Banking Regulatory Commission;

(3) Draft trusteeship agreement;

(4) The model entrustment agreement (format contract) to be signed with the investor, including the rights and obligations of both parties, income, risk bearing and other related contents;

(5) Other documents required by the foreign exchange bureau.

The foreign exchange bureau shall, within 20 working days from the date of receiving the complete application documents, give a reply of approval or disapproval, notify the applicant in writing, and send a copy to the China Banking Regulatory Commission.

Article 15 Within the approved quota for purchasing foreign exchange, commercial banks may issue overseas wealth management products denominated in RMB to investors, and uniformly handle the procedures for purchasing foreign exchange for raising RMB funds.

Article 16 After the overseas wealth management funds are repatriated, commercial banks shall pay the investors the investment principal and income. If an investor purchases RMB foreign exchange for investment, it shall be paid to the investor after the settlement of foreign exchange by the commercial bank; If an investor invests in foreign exchange, the commercial bank will transfer the foreign exchange back to the investor's original account. If the original account has been closed, it can be transferred to the account designated by the investor.

Article 17 The net amount of foreign exchange purchased by commercial banks engaged in overseas wealth management business on behalf of clients shall not exceed the amount approved by the foreign exchange bureau.

Article 18 Commercial banks should take effective measures to hedge and manage exchange rate risks arising from overseas financial management on behalf of clients through forward settlement of foreign exchange and other businesses.

Chapter IV Management of Capital Inflow and Outflow

Article 19 A commercial bank shall entrust other domestic commercial banks with custody business qualifications approved by the CBRC as custodians to manage all its overseas investment assets.

Article 20 In addition to the duties stipulated by the China Banking Regulatory Commission, the custodian shall also perform the following duties:

(1) Opening domestic custody accounts, overseas settlement accounts for the use of foreign exchange funds and securities custody accounts for commercial banks according to the financial management plan;

(2) To supervise the investment operation of commercial banks, and report to the foreign exchange bureau in time if it finds that its investment instructions are illegal;

(3) The record of remittance, remittance, exchange, foreign exchange receipts and payments and capital transactions of commercial banks shall be kept for a period of not less than 65,438+05 years;

(four) in accordance with the provisions, for the balance of payments statistics declaration;

(five) to assist the foreign exchange bureau to check the overseas use of commercial bank funds;

(six) other duties stipulated by the foreign exchange bureau according to the principle of prudent supervision.

Article 21 A custodian shall submit relevant reports in accordance with the following requirements:

(1) Report to the CBRC and the foreign exchange bureau within 5 working days from the date when commercial banks open domestic custody accounts, overseas settlement accounts for the use of foreign exchange funds and securities custody accounts;

(2) Report the remittance of relevant funds to the foreign exchange bureau within 5 working days from the date when the commercial bank remits the principal or remits the principal and income;

(3) Report the income and expenditure of domestic custody accounts of commercial banks to the foreign exchange bureau within 5 working days after the end of each month;

(4) Submit a report on the overseas use of foreign exchange funds of commercial banks in the previous year to the foreign exchange bureau within 1 month after the end of each fiscal year;

(5) If the investment instructions of commercial banks are found to be illegal, report to the CBRC and the foreign exchange bureau in time;

(6) Other reporting items as stipulated by the China Banking Regulatory Commission and the foreign exchange bureau.

Article 22 A commercial bank shall sign a custody agreement with a domestic custodian after receiving the approval document of the foreign exchange purchase quota from the foreign exchange bureau, and open a domestic custody account with the approval document. A commercial bank shall submit a formal custody agreement to the foreign exchange bureau within 5 working days from the date of opening a domestic custody account.

Article 23 The income range of domestic custody accounts of commercial banks includes: foreign exchange funds transferred by commercial banks, investment principal and income remitted from abroad, as well as other income stipulated by the foreign exchange bureau.

The expenditure scope of domestic custody accounts of commercial banks includes: funds transferred from foreign exchange funds to overseas settlement accounts, funds remitted back to commercial banks, currency exchange fees, custody fees, asset management fees, various handling fees and other fees stipulated by the foreign exchange bureau.

Article 24 A domestic custodian shall, in accordance with the principle of prudence, choose an overseas financial institution as its overseas custodian agent according to risk management requirements and commercial practices.

A domestic custodian shall open a settlement account for the use of foreign exchange funds and a securities custody account of a commercial bank at an overseas custody agent for handling fund settlement business and securities custody business at an overseas securities registration and settlement institution.

Article 25 A domestic custodian and an overseas custodian agent must set up custody accounts in different commercial banks.

Chapter V Information Disclosure, Supervision and Management

Twenty-sixth commercial banks to buy overseas wealth management products, must comply with the relevant provisions of the China Banking Regulatory Commission risk management.

According to relevant laws and regulations, China Banking Regulatory Commission supervises the risks of overseas wealth management business of commercial banks.

Twenty-seventh commercial banks engaged in overseas wealth management business on behalf of customers should fully inform investors of investment plans, product characteristics and related risks when selling products, and investors should choose independently.

Twenty-eighth commercial banks engaged in overseas wealth management business on behalf of customers shall regularly disclose information such as investment status, investment performance and risk status to investors.

Twenty-ninth commercial banks engaged in overseas wealth management business on behalf of customers shall fulfill the obligation of statistical reporting of foreign exchange settlement and sale.

Article 30 The foreign exchange bureau may, according to the need of maintaining the balance of international payments, adjust the investment quota of foreign exchange purchased by commercial banks for overseas financial management.

Article 31 The CBRC and the foreign exchange bureau may require commercial banks, domestic custodians and overseas custodian agents to provide relevant information on overseas investment activities of commercial banks; When necessary, commercial banks may be inspected on the spot according to their supervisory duties.

Article 32 Under any of the following circumstances, a commercial bank shall report to the China Banking Regulatory Commission and the foreign exchange bureau for the record within 5 working days after the occurrence:

(1) Changing the custodian and custodian agent;

(2) Significant changes have taken place in the registered capital and shareholder structure of the company;

(3) Being involved in litigation or being severely punished;

(4) Other circumstances stipulated by the CBRC and the foreign exchange bureau.

Article 33 The domestic custodian of a commercial bank shall report to the foreign exchange bureau within 5 working days after the following circumstances occur:

(1) Significant changes have taken place in the registered capital and shareholding structure;

(2) Being involved in a major lawsuit or being severely punished;

(3) Other matters stipulated by the foreign exchange bureau.

Thirty-fourth commercial banks and their domestic custodians who violate these measures shall be given administrative punishment by the foreign exchange bureau. If the circumstances are serious, the CBRC and the foreign exchange bureau have the right to require commercial banks to change their domestic custodians or cancel the foreign exchange purchase quota for overseas financial management on behalf of commercial banks. If the overseas custody agent refuses to provide relevant information, the CBRC and the foreign exchange bureau have the right to request the replacement of the overseas custody agent.

Chapter VI Supplementary Provisions

Article 35 Commercial banks investing in financial products of the Hong Kong Special Administrative Region and the Macao Special Administrative Region shall refer to the relevant provisions of these Measures.

Article 36 The People's Bank of China and China Banking Regulatory Commission shall be responsible for the interpretation of these Measures.

Article 37 These Measures shall come into force as of the date of promulgation.