|
Recently, the price of virtual currencies has skyrocketed and plummeted, and virtual currency trading speculation has rebounded, seriously infringing on the property safety of the people and disrupting the normal order of the economy and finance. In order to further implement the requirements of the "Notice on Preventing Bitcoin Risks" and "Announcement on Preventing Token Issuance and Financing Risks" issued by the People's Bank of China and other departments, and prevent the risks of virtual currency trading speculation, the China Internet Finance Association, the China Banking Association, and the China Payment and Clearing Association jointly announced the following matters: 1. Correctly understand the essential attributes of virtual currency and related business activities Virtual currency is a specific virtual commodity that is not issued by monetary authorities, does not have monetary attributes such as legal tender and compulsory nature, is not real currency, and should not and cannot be circulated and used as currency in the market. Carrying out related trading activities such as exchanging legal tender for virtual currency and between virtual currencies, buying and selling virtual currencies as a central counterparty, providing information intermediary and pricing services for virtual currency transactions, issuing tokens for financing, and trading virtual currency derivatives, violates relevant laws and regulations, and is suspected of illegal fundraising, illegal issuance of securities, illegal sale of token tickets and other criminal activities. II. Relevant institutions shall not conduct business related to virtual currencies Financial institutions, payment institutions and other member units must effectively enhance their social responsibilities, and must not use virtual currency to price products and services, must not underwrite insurance business related to virtual currency or include virtual currency in the scope of insurance liability, and must not directly or indirectly provide customers with other virtual currency-related services, including but not limited to: providing customers with virtual currency registration, trading, clearing, settlement and other services; accepting virtual currency or using virtual currency as a payment and settlement tool; conducting virtual currency and RMB and foreign currency exchange services; conducting virtual currency storage, custody, mortgage and other businesses; issuing financial products related to virtual currency; using virtual currency as an investment target for trusts, funds and other investments, etc. Member units such as financial institutions and payment institutions should effectively strengthen the monitoring of virtual currency transaction funds, rely on the industry self-discipline mechanism, strengthen risk information sharing, and improve the level of joint prevention and control of industry risks; if any clues of illegal or irregular activities are found, they should promptly take measures such as restricting, suspending or terminating related transactions and services in accordance with procedures, and report to the relevant departments; at the same time, actively use multi-channel and diversified contact methods, strengthen customer publicity and warning education, and take the initiative to provide risk warnings involving virtual currencies. Internet platform enterprise member units shall not provide online business premises, commercial displays, marketing and promotion, paid traffic diversion and other services for virtual currency-related business activities. If they find any clues to related problems, they should report them to the relevant departments in a timely manner and provide technical support and assistance for related investigations and investigative work. 3. Consumers should raise their awareness of risk prevention and guard against loss of property and rights Virtual currencies have no real value support, and their prices are easily manipulated. Related speculative trading activities involve multiple risks, such as false asset risks, business failure risks, and investment speculation risks. From the perspective of my country's existing judicial practice, virtual currency trading contracts are not protected by law, and the consequences and losses caused by investment transactions are borne by the relevant parties themselves. Consumers should enhance their risk awareness, establish correct investment concepts, not participate in virtual currency trading speculation activities, and be careful to prevent personal property and rights from being damaged. They should cherish their personal bank accounts and not use them for virtual currency account top-up and withdrawal, purchase and sale of related transaction top-up codes, and transfer of related transaction funds, so as to prevent illegal use and leakage of personal information. 4. Strengthen self-discipline management of member units All member units must strictly implement relevant national regulatory requirements, abide by industry self-discipline commitments, and resolutely not conduct or participate in any business activities related to virtual currencies. The three associations will strengthen self-discipline supervision of member units, and if any violation of relevant regulatory provisions and industry self-discipline management requirements is found, they will take disciplinary measures such as industry notification, suspension of membership rights, and cancellation of membership in accordance with relevant self-discipline norms, and report to the financial management department. If suspected of illegal crimes, the relevant clues will be transferred to the public security organs. China Internet Finance Association China Banking Association China Payment and Clearing Association
|
