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2016-08-11
2016年08月11日 21:03 来源于 财新网
河南焦作中旅银行离职人士盗用该行相关资料和印鉴,虚构企业贸易背景资料,虚假开立电子票据;恒丰银行自查发现风险,已向公安报案,并上报银监会
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去年股市暴跌之后,票据风险持续释放。2016年至今,纸质票据逾百亿元风险暴露,如今被认为更安全的电子票据也踩雷。

  【财新网】(记者 韩祎 吴红毓然)去年股市暴跌之后,票据风险持续释放。2016年至今,纸质票据逾百亿元风险暴露,如今被认为更安全的电子票据也踩雷。继农行39亿票据案后,又一国有大行工商银行也涉案。
  财新记者从多个独立信源处确认,工商银行廊坊分行代理接入了20亿河南焦作中旅银行(下称中旅银行)开出的电子银行承兑汇票,由恒丰银行青岛分行买入后,其中13亿转贴现到恒丰银行上海分行,6.5亿转贴现到邢台银行。
  不料,这20亿元电票竟然涉嫌虚假开票,这是电子票据首次出现风险。
  据财新记者从多位人士处了解,中旅银行的离职人士以该行员工身份,盗用中旅银行相关资料和印鉴,虚构企业贸易背景资料,在工行廊坊分行开办电票代理接入业务,开立了中旅银行承兑的电子银行承兑汇票。
  此案系恒丰银行自查发现的风险,给行业敲响了电票警钟。
  恒丰银行对财新记者表示,8月做业务时,发现中旅银行的收益报价明显高于市场价格,于是开展自查,并核查了7月已经开展的两笔业务。在与中旅银行核对时,对方告诉恒丰银行,自身没有电票系统,也并没有在工行廊坊分行开办电票代理接入业务。随后,恒丰银行及时向公安部门报案,并上报给银监会。
  工商银行向财新记者表示,近日工行河北廊坊分行在账户监测和检查中发现,中旅银行在该行开立的同业账户存在资金异常变动的情况,立即对可疑账户采取紧急冻结措施,并将相关情况通报了票据转贴现买入行。
  谁的责任?
  8月11日晚间工行补充回应称,该行与目前媒体所述的票据无任何交易关系,既未承兑,也未出票,未参与该批票据的任何流转环节,目前,工行正积极配合公安部门开展调查。
  与以往“票没了”的案件不同,这次涉案的不是纸票,而是电子票据。在这一案件中,工行廊坊分行是代理行,中旅银行是被代理机构。
  所谓电票代理接入业务,是指通过接入机构接入电子商业汇票系统(ECDS),进行电票签发、承兑、贴现、转贴现等操作。有些小银行不堪承担系统建设成本,或没有接入资格,没有直接接入ECDS,只能选择代理接入。现在提供代理接入服务的主要是国有大行和股份制银行。
  这项业务中,被代理机构须通过开立在代理机构的专门的同业结算账户,来开展电票代理接入业务。
  根据监管规定,任何银行分支机构首次在他行开立同业户时,提供服务的银行必须执行面签制度,严格执行开户证明文件原件的审核要求,并派两名以上相关人员,共同亲见存款银行法定代表人在开户申请书和银行账户管理协议上签名确认。
  但据财新记者了解,在中旅银行“前员工们”在工行开同业户和系统接入时,几人均没有到场。开同业户是通过视频开的,没能到场面签,而工行也没有坚持要求到场。
  一位票据行业资深人士指出,假如中旅银行已经在工行廊坊分行开过同业户,那么中旅银行的内控出现了问题,不然外部人士无法轻易地控制银行的同业户;反之,假如工行为中旅银行开户时,没有进行前述必要的审核,则是工行的责任较大。
  另一位资深票据人士指出,河南焦作的银行去河北廊坊异地开接口很奇怪,工行在开立同业户的时候就应提高警惕。同时,工行也应审核开票企业的贸易背景。他指出,如果是虚假开户,则属于刑事犯罪的范畴。
  财新记者查阅央行发布的《电子商业汇票业务管理办法》发现,监管对于签发行的要求是:“接入机构应对通过其办理电子商业汇票业务客户的电子签名真实性负审核责任。电子商业汇票系统运营者应对接入机构的身份真实性和电子签名真实性负审核责任。”
  警惕电票风险
  除代理责任外,出事电票的争议还在于,如何确认签发的银行承兑汇票的有效性。
  一位股份制银行票据人士认为,这类承兑汇票不算虚假的,因为它们的确是由焦作中旅银行开在工行的同业户、借助工行的接口开出的电票。
  值得注意的是,电票和纸票的不同在于,电票的签发行和承兑行可能不是同一家。同一家银行开出的电子票据往往会包含一串固定的票号。不过,“票号包含‘102’不代表这票据由工行承兑。”前述票据人士对财新记者强调,接收电票时应确认票据的承兑行,不能只根据票号来判断票据来源。
  近期已有银行下发内部通知,要求注意中旅银行承兑的电票;同时在买入电票时,必须核对出票人开户行与承兑行是否一致,避免买入虚假电票。
  2015年末起,央行、银监会连续下发多个文件规范票据业务,并力推电子票据交易。此前财新记者获悉,央行正在筹建的票据交易所计划于今年10月挂牌,目标是三年之内尽快让电票占据票据市场的主导地位,以降低票据业务和资金清算中的风险。
  但这次的案件也反映出,被力推的电票市场,仍需解决线下操作风险问题。之前的票据案反映出,纸票领域的风险事件更多是因为操作环节、管理环节出问题。但如果相应的操作环节没有改进,即使全部改为电票,也难防范风险。
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2016-8-11 22:55:16
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2016-8-12 00:19:02
谢谢分享
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2016-8-12 12:12:07
China’s Shadow Currency - Bankers Acceptance Notes Are Financing Tremendous Speculation in China’s Provinces. How Long Can This Last 2013 by Matthew Lowenstein from The Diplomat

China’s economy is straining to keep up a semblance of its former growth rate. The surest sign is the way a shadow market in bank paper has evolved to substitute the commodity that China is increasingly running short of: cash.

Bankers are passing around their own ersatz currency, stimulating trade with what, in effect, are off-the-books loans. As in the wildcat currency era of the United States, the antebellum period before America had a national currency, this paper trades at a discount from province to province. It is increasingly used for speculative purposes, is potentially inflationary, and is hard to regulate. The People’s Bank of China (PBOC) has been unable or unwilling to crack down, lest it provoke a serious slowdown. But when the world’s second largest economy must resort to passing around IOUs, the financial community should take note.

Bankers acceptance notes (BANs) are nothing more than a post-dated check with a bank guarantee. For example, a buyer in Chongqing might have a hard time passing checks to vendors in Shanghai. But if the purchaser gets his paper signed by, say, Bank of China, his check now has the guarantee of a major financial institution: it is money good. BANs facilitate trade by obviating the need for vendors to assess the creditworthiness of purchasers. But in China, this prosaic instrument of commerce has become a kind of shadow currency that allows under-reserved banks to purchase deposits, fuels speculation, and undermines the central bank’s control over the money supply.

“From the bank’s point of view, Banker’s Acceptance Notes are all about getting deposits,” explains a banker in Zhengzhou. In a typical transaction, a customer with cash in his pocket can put down 100 RMB as a security deposit and walk away with double that amount in BANs. The bank is pleased because it receives hard currency in return for its own funny money. The customer is delighted: he has turned 100 RMB in cash into 200 RMB in something almost as good. In effect, the bank has given the customer a 200 RMB loan without using a cent of cash.

The transaction harkens back to U.S. banking in the era before fiat currency, when banks used their own banknotes to purchase reserves of everything from gold bullion to national bank notes, British pounds, and bushels of wheat. Chinese banks print their own scrip to purchase “reserves” of cash, i.e., deposits. If the bank paper is accepted, it functions as currency and banks get to hold onto their reserves. But if people worry about the bank’s credit, or need cash (perhaps during a crisis) the bank will be forced to redeem its paper, possibly in a hurry.

In theory, all BANs are issued to support trade. When a customer is issued BANs, he must show proof of an underlying transaction. And to the extent the notes truly are backed by trade – by televisions shipments to Chongqing, say, or refrigerator exports to Seattle – there is very little risk. The notes get paid down as transactions are settled, and the bank need not worry about them. But to the extent BANs are not used for trade – to the extent they are merely rolled over and circulate as a secondary currency – they represent a constant, outstanding bank liability to high-risk industries.

“The truth is, most BANs are not used to support real transactions,” says a grinning shadow banker in Shenzhen. His company is one of many Chinese conglomerates whose business tentacles seem to span every industry from mining to tourism. But nearly half of its transactions are unprofitable: they are formalities, conducted solely for the purpose of acquiring BANs. “BANs are supposed to be issued only to support trade. But the rules are very flexible, and there are ways around them,” he continues. For example, trading partners can coordinate so that transactions net out. Party A sells Party B 100 RMB of widgets and Party B sells Party A 100 RMB of widgets. They both walk away with the same widgets they started with, and an extra 100 RMB of BANs each. As if by magic, the transaction has generated 200 RMB of highly liquid, bank-guaranteed financial assets.

BANs without underlying trade are used to finance speculation. Shadow bankers sell the BANs at a discount of about 5 percent – a process known as “discounting” – in return for cash. The seller of the note needs walking-around cash and is willing to dump his paper at a loss. After all, the seller is likely a speculator. He only loses 5 percent on the sale of the BAN, but his cash is invested in trust products or lent into the grey market at yields well in excess of 10 percent. The buyer of the note is likely to be a grey market BAN broker. As far as he’s concerned, he’s earning a risk free 5 percent by purchasing bank-guaranteed paper at a discount. In other words, a piece of paper – an IOU – is being passed around on which first a speculator and then a bank gives a guarantee. In this way, credit flows from the banks through shadow bankers and into property and other high-yield, high-risk industries such as mining or infrastructure. What looks to a banker like a purchase of televisions or washing machines in Shanghai could easily end up financing condominiums in Jiangsu or rolling over coal debt in Inner Mongolia. Most worrisome is that banks account for BANs as guarantees; guarantees are obligations that, a la Fannie-Mae, do not appear on a balance sheet.

The banks find the off-balance sheet accounting treatment of BANs particularly useful. Onerous statutory requirements force Chinese banks to keep a loan to deposit ratio (LDR) of 75 percent or less. BAN issuance simultaneously decreases loan balances while increasing deposits; it relieves LDR pressure on both sides of the vinculum. Of course, the change in LDR is a purely cosmetic change: the risk – and leverage – in the bank is just as high as if it had extended a plain vanilla loan, but the leverage is moved off balance sheet. Hence, to the extent BANs are used for speculation, they represent bank exposure to high-risk activities that is invisible to regulators, investors and even bankers themselves.

Not surprisingly, China’s local governments, themselves heavily involved in project and commercial finance, have become a huge market for BANs. Since 2008, local governments across China have been diligently at work on grand infrastructure and “urbanization” projects, of which ensuring an adequate supply of ghost cities seems to rank highest in priority. In the process, local government financing vehicles (LGFVs), the corporate subsidiaries that local governments use to fund infrastructure projects, have racked up an estimated 19 trillion RMB in debt according to the National Audit Office. Because LGFV investment has been so unremunerative – ghost inhabitants don’t pay taxes – the fiscal burden on local governments is crushing. For cities and counties that are short of cash, there is scarcely a more appealing solution to printing their own.

“There is a risk of banks and LGFVs colluding to fake security deposits and print BANs with no underlying trade,” warns a Ministry of Finance discussion document. Local governments up to their eyeballs in debt have the advantage of control – often of ownership – of banks within their territories, and can order up BANS at will. LGFVs turn to sister banks as a makeshift printing press, printing pseudo-currency virtually on demand. LGFVs use BANs to pay suppliers and obscure the truth about their overburdened balance sheets. A jaded banker in Tianjin complains, “When a borrower uses a BAN, they are supposed to record it on their balance sheet as a liability. But it’s kind of an unspoken rule that they don’t. To be honest, a lot of people see this is a major advantage of using BANs; they can pretend they have lower debt than they really do.” And the LGFVs never have to worry about principal repayments because banks are happy to roll over BANs as they come due. In short, LGFVs have nearly unrestricted access to notes that allow them to make payments, do not get recorded as debt, and never have to be paid down – i.e., their very own money.

Local governments printing their own money has led to a partial fracturing of the monetary system. A BAN issued by a local bank is likely to be accepted within its province, but its credit might not be honored – or honored only at a punitive discount – across provincial borders. An employee at an LGFV in Jiangsu engaged in contract work for infrastructure projects said his company routinely accepts BANs from Jiangsu banks. However, it refuses scrip from neighboring Anhui; out-of-province banks must pay in cash.

“A lot of smaller, local banks print more BANs than their balance sheet can support; in fact the reason they print BANs in the first place is because they don’t have the cash to make loans,” explains a banker at the Zhuhai branch of a major commercial bank, “Their BANs won’t be accepted outside of that province. It’s kind of like in international currency markets. The U.S. dollar is accepted in every country as the reserve currency.  Similarly, RMB are accepted anywhere in China. But provincial BANs can only be used within their native province.” It’s almost as if the non-consumer part of the Chinese economy had reverted to the 1930s, when each province issued its own legal tender.

It is impossible to estimate how much of China’s outstanding BANs were issued to LGFVs, but it is meaningful enough for the Guangdong Audit Bureau to list BANs as a new financing channel available to local governments. If China is to maintain a coherent fiscal and monetary regime, sooner or later its LGFV debt will have to be digested, either by paying it or writing it down. When regulators attempt to do so, they will find the National Audit Office’s estimate of 19 trillion RMB in LGFV debt understated, in part owing to BANs issued to LGFVs.

According to the People’s Bank of China, almost nine trillion RMB of BANs are circulating in an economy with a monetary base of 107 trillion RMB.  This huge economic underground is a measure of the extent to which highly speculative investment is outpacing the ability of Chinese banks to finance through deposits. If LGFVs and property developers had sufficient cash flows they would not need to resort to BAN funding. If returns on invested capital were sufficient, banks would see their deposits grow organically and not be reduced to purchasing RMB with this strange breed of banknote. These notes may behave like money, but their use is constricted; they cannot be used to purchase groceries or pay wages and will never be acceptable internationally. The BAN economy is thus separate, unable to be integrated with the rest of China’s economy. How long can it be sustained?

Matthew Lowenstein is an Analyst at J Capital Research.
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