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金融机构反洗钱规定 Financial Institutions Anti-money Laundering Provisions1

2006-05-13 09:41   我要纠错 | 打印 | 收藏 | | |

中国人民银行令[2003]第1号

(Promulgated by the People's Bank of China on 3 January 2003, and effective as of 1 March 2003.)

颁布日期:20030103  实施日期:20030301  颁布单位:中国人民银行

  Article 1 In order to prevent criminals from utilizing financial institutions to engage in money laundering and to safeguard financial security, these Provisions are formulated, in accordance with the provisions of the PRC, People's Bank of China Law and other laws and regulations.

  Article 2 These Provisions shall apply to the anti-money laundering activities of financial institutions.

  The financial institutions as mentioned in these Provisions shall refer to those institutions which are legally established and conducting financial businesses within the territory of the PRC, including but not limited to policy banks, commercial banks, credit cooperatives, postal savings and remittance institutions, financial companies, trust and investment companies, financial lease companies and foreign-invested financial institutions.

  Article 3 Money-laundering as mentioned in these Provisions shall refer to the acts of disguising and hiding by various means the source and nature of illicit income and the subsequent proceeds that have come from drug crimes, organized crimes of a criminal syndicate nature, terrorist crimes, smuggling crimes or other crimes, and thus giving them a legitimate appearance.

  Article 4 The financial institutions and their employees shall faithfully perform the anti-money laundering obligations in accordance with these Provisions, carefully identify dubious transactions, and shall not engage in unfair competition which hampers the performance of the anti-money laundering obligations.

  Article 5 The financial institutions and their employees shall maintain the confidentiality of the anti-money laundering activities, and shall not disclose anti-money laundering information to clients and others in violation of regulations.

  Article 6 The financial institutions shall, pursuant to the law, assist and collaborate with the judicial authorities and administrative law-enforcement authorities in combating money-laundering activities, and shall assist the judicial authorities, customs, tax, and other government authorities to inquire, freeze, detain or transfer the client's deposit in accordance with laws, administrative regulations and other relevant regulations.

  The overseas branch offices of Chinese financial institutions shall abide by the anti-money laundering-related laws of the resident country or region, and shall assist the anti-money laundering authorities of the said country or region in accordance with the law.

  Article 7 The PBOC shall be the supervisory and administrative authority of anti-money laundering activities of the financial institutions.

  The PBOC shall set up a leading group for the anti-money laundering activities of the financial institutions. The group shall perform the following duties:

  1. Conduct centralized supervision, administration and coordination of anti-money laundering activities of the financial institutions;

  2. Research into and formulate anti-money laundering strategies, plans and policies, draft anti-money laundering activities rules, and draft rules for reporting large-sum and suspicious Renminbi financial transactions;

  3. Set up payment transaction monitoring systems to monitor payment transactions;

  4. Research major problematic issues relating to anti-money laundering activities of financial institutions, and propose solutions and counter-measures;

  5. Take part in international anti-money laundering cooperative efforts, and provide guidance to financial institutions in participating in foreign cooperative anti-money laundering activities;

  6. Other anti-money laundering supervision and administration duties to be performed by the PBOC.

  The State Administration of Foreign Exchange (the “SAFE”) shall be responsible for the supervision and administration of the reporting of large-sum and suspicious foreign exchange financial transactions, and shall formulate rules for reporting large-sum and suspicious foreign exchange financial transactions.

  Article 8 The financial institutions shall set up a sound anti-money laundering internal control system in accordance with the regulations of the PBOC, and shall submit the same to the PBOC for record.

  Article 9 The financial institutions shall set up a special anti-money laundering activities unit, or assign an internal unit to be responsible for anti-money laundering activities, and shall allocate necessary management and technical personnel.

  The financial institutions shall, in light of relevant circumstances, set up a special unit or assign a special individual in their branch offices to be responsible for anti-money laundering activities, and shall supervise and check the branch offices regarding their performance of these Provisions and the anti-money laundering internal control systems in accordance with the principle of multi-level management.

  Newly established financial institutions or newly established branch offices of the financial institutions shall formulate effective anti-money laundering measures.

  Article 10 The financial institution shall set up a client identity registration system, and shall review the identity of clients who handle deposits and settlement at the same institution.

  No financial institution is allowed to open anonymous or false-name accounts for the clients, or to provide services such as deposits and settlement to unidentified clients.

  Article 11 Where a financial institution opens deposit accounts or closes accounts for individual clients, the individual clients shall be required to produce their identity documents to be subject to a verification check, and the names and numbers that appear thereupon shall be entered into the records. Where an individual client acts as an agent for others to open individual deposit accounts at the financial institution, the financial institution shall require such individual to produce the identity documents of both the principal and the agent to be subject to a verification check, and the names and numbers appearing thereupon shall be entered into records.

  Where an individual fails to produce personal identity documents or seeks to use a name which differs from that which appears on the personal identity documents offered, the financial institution shall not open any deposit account for such individual.

  Article 12 Where a financial institution opens accounts, handles deposits or account-closing business for unit clients, valid certification documents and information shall be provided as required by relevant rules of the PBOC, and such documents and information shall be subject to a verification check and recordal.

  Where unit clients fail to provide valid certification documents and information of the unit pursuant to relevant rules, the financial institutions shall not handle deposit or account-closing business for the same.

  Article 13 In the event that during the course of providing financial services to its clients a financial institution discovers a large-sum transaction by such clients, it shall report such discovery to the PBOC or the SAFE pursuant to relevant rules.

  The standards for reporting the amount of large-sum capital shall be based on the relevant rules of the PBOC and the SAFE regarding capital transaction reporting.

  Article 14 In the event that during the course of providing financial services to its clients a financial institution discovers a suspicious transaction by such clients, it shall report such discovery to the PBOC or the SAFE.

  The standards for reporting suspicious transactions shall be based on the relevant rules of the PBOC and the SAFE regarding capital transaction reporting.

  Article 15 The branch offices of the financial institutions shall submit such reports on large-sum and suspicious capital transactions to the local branch of the PBOC or the SAFE pursuant to the relevant rules of the PBOC and the SAFE on the procedures for capital transaction reporting. Meanwhile, such report shall also be submitted to the higher level units of such authorities.

  Article 16 Financial institutions shall conduct examinations and analyses on large-sum and suspicious capital transactions; where there is suspicion of criminal activity, such suspicion shall be reported to the local public security authority.

  Article 17 Financial institutions shall preserve the clients' account information and transaction records pursuant to the time limit set forth below:

  1. With respect to account information, it shall be preserved for at least five (5) years as of the date of the cancellation of the account;

  2. With respect to the transaction records, they shall be preserved for at least five (5) years as of the date of the book entries of such transactions.

  The aforementioned transaction records shall include information about the account holder, the amount of money deposited into or drawn from such account, the time of such transactions, information on the origin of capital and its destination, and the methods used for drawing such capital.

  Measures on the preservation of account information and transaction records shall be implemented pursuant to the rules of the State relating to accounting files management.

  Article 18 Upon analyzing and studying the large-sum and suspicious transaction report submitted by the financial institutions, where the PBOC or the SAFE suspects that such transaction constitutes or is connected to a criminal activity, information (including such report) shall be transferred to judicial organs pursuant to the procedures set forth in the Transfer of Suspected Crime by Administrative Law Enforcement Agency Regulations. Neither the PBOC nor the SAFE shall disclose any content of such report to the clients of the financial institutions or other personnel.

  Article 19 The PBOC shall assume responsibility for instructing and organizing anti-money laundering activities training for financial institutions.

  Financial institutions shall carry out anti-money laundering activities campaigns targeting its clients, and implement anti-money laundering activities training for its staff so as to enable them to have a good understanding of the provisions of the relevant laws, administrative regulations and rules on anti-money laundering, and to improve their capability in handling anti-money laundering activities.

  Article 20 Where a financial institution is in breach of these Provisions and commits any of the following violations, the PBOC shall give such institution a warning and order it to rectify its behaviors within a given period of time; where no rectification is made within the given period of time, such financial institution may be subject to a penalty fine in the amount of less than Rmb 30,000; where the circumstances are serious, the qualifications for senior management positions held by the staff who are directly responsible shall be cancelled:

  1. Failure to establish an anti-money laundering internal control system pursuant to relevant rules;

  2. Failure to establish a specific office or designate a specific office to be responsible for anti-money laundering activities pursuant to relevant rules;

  3. Failure to require unit clients to provide valid certification documents and information to be subject to a verification check and recordal;

  4. Failure to preserve the clients' account information and transaction records pursuant to relevant rules;

  5. Disclosing information on anti-money laundering activities to the clients and other personnel in breach of relevant rules;

  6. Failure to report large-sum or suspicious transactions pursuant to relevant rules.

  Article 21 Where financial institutions engaging in foreign exchange business fail to report, in a timely manner, abnormal situations related to large-sum foreign exchange purchases, foreign exchange purchases at high frequency, and the depositing or drawing of large-sum foreign exchange in cash, punishment measures shall be imposed thereupon pursuant to the provisions of Article 25 of the Penalties for Illegal Financial Acts Procedures.

  Article 22 Where a financial institution, during the process of conducting its business, is in breach of relevant laws or administrative regulations or engages in unfair competition which damages the performance of its anti-money laundering obligations, punishment measures shall be imposed on it pursuant to relevant provisions of the Penalties for Illegal Financial Acts Procedures. Disciplinary measures shall be imposed on persons of such financial institution directly responsible for such violations; where the circumstances are serious, the qualifications for senior management positions held by the staff who are directly responsible shall be cancelled.

  Article 23 Where a financial institution opens an account for individual clients who refuse to produce their identity documents or who refuse to use the names that appear on the personal identity documents, a warning shall be given to such a financial institution by the PBOC, and such institution may be subject to a penalty fine in an amount ranging from Rmb 1000 to Rmb 5000. Where the circumstances are serious, the qualifications for senior management positions held by the staff of such a financial institution who are directly responsible shall be cancelled.

  Article 24 The China Bank Association, China Financial Companies Association and other disciplinary organizations in the financial industry may formulate their own industry guidelines for anti-money laundering activities pursuant to these Provisions.

  Article 25 These Provisions shall be implemented as of 1 March 2003.

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