保险监管核心原则（英文版）.pdf

INSURANCE CORE PRINCIPLES Updated November 2017 The Insurance Core Principles were initially adopted on 1 October 2011. Since then, amendments have been made to the following IPCs: ICP 9 October 2012 ICP 22 October 2013 ICPs 4, 5, 7, 8, 23 and (parts of) 25 November 2015 ICPs 13, 18 and 19 November 2017 About the IAIS The International Association of Insurance Supervisors (IAIS) is a voluntary membership organization of insurance supervisors and regulators from more than 200 jurisdictions in nearly 140 countries. The mission of the IAIS is to promote effective and globally consistent supervision of the insurance industry in order to develop and maintain fair, safe and stable insurance markets for the benefit and protection of policyholders and to contribute to global financial stability. Established in 1994, the IAIS is the international standard setting body responsible for developing principles, standards and other supporting material for the supervision of the insurance sector and assisting in their implementation. The IAIS also provides a forum for Members to share their experiences and understanding of insurance supervision and insurance markets. The IAIS coordinates its work with other international financial policymakers and associations of supervisors or regulators, and assists in shaping financial systems globally. In particular, the IAIS is a member of the Financial Stability Board (FSB), member of the Standards Advisory Council of the International Accounting Standards Board (IASB) and partner in the Access to Insurance Initiative (A2ii). In recognition of its collective expertise, the IAIS also is routinely called upon by the G20 leaders and other international standard setting bodies for input on insurance issues as well as on issues related to the regulation and supervision of the global financial sector. This publication is available on the IAIS website (iaisweb). International Association of Insurance Supervisors 2017. All rights reserved. Brief excerpts may be reproduced or translated provided the source is stated. Page 3 of 403 Insurance Core Principles, Standards, Guidance and Assessment Methodology A) Introduction. 4 B) Assessment Methodology . 10 ICP 1 Objectives, Powers and Responsibilities of the Supervisor . 15 ICP 2 Supervisor . 17 ICP 3 Information Exchange and Confidentiality Requirements . 22 ICP 4 Licensing . 28 ICP 5 Suitability of Persons . 35 ICP 6 Changes in Control and Portfolio Transfers . 43 ICP 7 Corporate Governance . 46 ICP 8 Risk Management and Internal Controls . 70 ICP 9 Supervisory Review and Reporting . 93 ICP 10 Preventive and Corrective Measures . 105 ICP 11 Enforcement . 107 ICP 12 Winding-up and Exit from the Market . 109 ICP 13 Reinsurance and Other Forms of Risk Transfer . 111 ICP 14 Valuation . 126 ICP 15 Investment . 145 ICP 16 Enterprise Risk Management for Solvency Purposes . 160 ICP 17 Capital Adequacy . 193 ICP 18 Intermediaries . 264 ICP 19 Conduct of Business . 287 ICP 20 Public Disclosure . 313 ICP 21 Countering Fraud in Insurance . 337 ICP 22 Anti-Money Laundering and Combating the Financing of Terrorism . 344 ICP 23 Group-wide Supervision . 354 ICP 24 Macroprudential Surveillance and Insurance Supervision . 361 ICP 25 Supervisory Cooperation and Coordination . 365 ICP 26 Cross-border Cooperation and Coordination on Crisis Management . 401 Page 4 of 403 A) Introduction 1. A sound regulatory and supervisory system is necessary for maintaining a fair, safe and stable insurance1sector for the benefit and protection of the interests of policyholders, beneficiaries and claimants (collectively referred to as policyholders in this document) as well as contributing to the stability of the financial system. 2. The insurance industry, like other components of the financial system, is changing in response to a wide range of social, technological and global economic forces. Insurance supervisory systems and practices must be continually upgraded to cope with these developments. Insurance and other financial sector supervisors and regulators should understand and address financial and systemic stability concerns arising from the insurance sector as they emerge and their interaction with other financial sectors. 3. The nature of insurance activity - covering risks for the economy, financial and corporate undertakings and households - has both differences and similarities when compared to the other financial sectors. Insurance, unlike most financial products, is characterised by the reversal of the production cycle insofar as premiums are collected when the contract is entered into and claims arise only if a specified event occurs. Insurers intermediate risks directly. They manage these risks through diversification and risk pooling enhanced by a range of other techniques. 4. In addition to business risks, significant risks to insurers are generated on the liability side of the balance sheet. These risks are referred to as technical risks and relate to the actuarial and/or statistical calculations used in estimating liabilities, and other risks associated with such liabilities. Insurers incur market, credit, liquidity and operational risk from their investments and financial operations, including risks arising from asset-liability mismatches. Life insurers also offer products of life cover with a savings content and pension products that are usually managed with a long-term perspective. The regulatory and supervisory system must address all these risks. 5. Finally, the regulatory and supervisory system must address the increasing presence in the market of insurance groups and financial conglomerates, as well as financial convergence. The importance of the insurance sector for financial stability matters has been increasing which has implications for insurance supervision2as it requires more focus on a broad set of risks. Supervisors at a jurisdictional and international level must collaborate to ensure that these entities are effectively supervised so that policyholders are protected and financial markets remain stable; to minimise the risk of contagion from one sector or jurisdiction to another; and to reduce supervisory gaps and avoid unnecessary supervisory duplication. 1Insurance refers to the business of insurers and reinsurers, including captives. 2Supervision refers to both regulation and supervision. Supervisors include regulators. Page 5 of 403 Scope and coverage of the Insurance Core Principles 6. The Insurance Core Principles (ICPs) provide a globally accepted framework for the supervision of the insurance sector. The ICP material is presented according to a hierarchy of supervisory material. The ICP statements are the highest level in the hierarchy and prescribe the essential elements that must be present in the supervisory regime in order to promote a financially sound insurance sector and provide an adequate level of policyholder protection. Standards are the next level in the hierarchy and are linked to specific ICP statements. Standards set out key high level requirements that are fundamental to the implementation of the ICP statement and should be met for a supervisory authority to demonstrate observance with the particular ICP. Guidance material is the lowest level in the hierarchy and typically supports the ICP statement and/or standards. Guidance material provides detail on how to implement an ICP statement or standard. Guidance material does not prescribe new requirements but describes what is meant by the ICP statement or standard and, where possible, provides examples of ways to implement the requirements. 7. The ICP material is presented in order that the hierarchy can be clearly understood, as follows: - ICP statements numbered and presented in a box with bold font - Standards linked to an ICP statement and presented in bold font, with the number of the applicable principle statement followed by the standard number. e.g. the second standard under ICP statement 3 appears as 3.2 - Guidance material linked to a particular ICP statement and/or standard. Guidance material is presented in regular font, with the number of the ICP statement and standard followed by the guidance number, e.g. the second paragraph of guidance under Standard 1.3 appears as 1.3.2. 8 The ICPs apply to insurance supervision in all jurisdictions regardless of the level of development or sophistication of the insurance markets and the type of insurance products or services being supervised. Nevertheless, supervisory measures should be appropriate to attain the supervisory objectives of a jurisdiction and should not go beyond what is necessary to achieve those objectives. It is recognised that supervisors need to tailor certain supervisory requirements and actions in accordance with the nature, scale and complexity of individual insurers. In this regard, supervisors should have the flexibility to tailor supervisory requirements and actions so that they are commensurate with the risks posed by individual insurers as well as the potential risks posed by insurers to the insurance sector or the financial system as a whole. This is provided for in the ICPs and standards where relevant. 9. The ICPs apply to the supervision of all insurers whether private or government-controlled insurers that compete with private enterprises, wherever their business is conducted, including through e-commerce. Where the principles do not apply to reinsurers, this is indicated in the text. The ICPs do not normally apply to the supervision of intermediaries but where they do, this is specifically indicated. 10. Insurance supervision within an individual jurisdiction may be the responsibility of more than one authority. For example, the body that sets out the legal framework for Page 6 of 403 insurance supervision may be different from the body that implements it. The expectation is that the ICPs are applied within the jurisdiction by all authorities in accordance with their respective responsibility in relation to the supervision of the insurance sector (referred to as “the supervisor”) rather than necessarily by only one authority. It is, however, essential that in situations where multiple authorities exist, coordination arrangements be established between them to ensure that the implementation of the ICPs within the jurisdiction occurs in an accountable framework. 11. The supervisor must operate in a transparent and accountable manner. It needs legal authority to perform its tasks. It should be noted, however, that the possession of legal authority is not sufficient to demonstrate observance with an ICP: the supervisor should also demonstrate that it is able to exercise its legal authority in practice. Similarly, it is not sufficient for the supervisor to set supervisory requirements; it should also ensure that these requirements are implemented. Having the necessary resources and capacity is essential for the supervisor to effectively exercise its legal authority and implement supervisory requirements. 12. The supervisor must recognise that transparency and accountability in all its functions contribute to its legitimacy and credibility. A critical element of transparency is for the supervisor to provide the opportunity for meaningful public consultation on the development of supervisory policies, and in the establishment of new and amended rules and regulations. To further ensure the proper functioning of the insurance sector and promote transparency and accountability, the supervisor should establish clear timelines for public consultation and action, where appropriate. Application of ICPs and standards to group-wide supervision 13. For the purpose of these ICPs, the term “insurer” means insurance legal entities, insurance groups and insurance-led financial conglomerates. The ICPs and standards apply to the supervision of insurance legal entities and, unless otherwise specified, to insurance groups and insurance-led financial conglomerates, including the head of the insurance group and/or the head of the insurance-led financial conglomerate. The application may vary and, where necessary, further guidance is provided. 14. It is recognised that the implementation of the ICPs and standards relevant to group-wide supervision may vary across jurisdictions depending on the supervisory powers and structure within a jurisdiction. There are direct and indirect approaches to group-wide supervision. Under the direct approach, the supervisor has the necessary powers over the parent and other entities in the insurance group and can impose relevant supervisory measures directly on such entities, including non-regulated entities. Under the indirect approach, supervisory powers focus on the insurance legal entities and supervisory measures are applie