The Securities and futures industry to implement anti-money-laundering measures
(September 1, 2010 68th China Securities Regulatory Commission announced as of October 1, 2010) Chapter I General provisions First article for further tie State anti-money-laundering administrative competent sector strengthening securities futures industry anti-money-laundering work, effective prevention securities futures industry money-laundering and terrorist financing risk, specification industry anti-money-laundering regulatory behavior, promoted Securities Futures business institutions seriously implementation anti-money-laundering work, maintenance securities futures market order, according to People's Republic of China anti-money-laundering method (following referred to anti-money-laundering method), and People's Republic of China Securities method, and People's Republic of China Securities Investment Fund method and the futures trading Management Ordinance
And other laws and regulations, these measures are formulated.
Second approach applies to People's Republic of China Securities and futures industry anti-money-laundering efforts in.
Fund sales institutions engaging in fund sales business anti-money laundering responsibilities in the application of this approach.
Article III of the China Securities Regulatory Commission (hereinafter the Commission) shall cooperate with the anti-money laundering administrative departments perform anti-money laundering regulatory responsibilities of the Securities and futures industry, developing anti money laundering rules and regulations of the Securities and futures industry, organization, coordination, guidance securities companies and futures companies and fund management companies (hereinafter referred to as the Securities and futures institutions) working against money-laundering.
Local Office of the Commission in accordance with the regulations, carry out securities and futures industry in the area of anti-money-laundering regulatory duties.
Article fourth of China's securities industry association and the China futures industry association in accordance with the regulations, performance of the Securities and futures industry self-regulation against money-laundering duties. Fifth operation of securities and futures institutions shall establish comprehensive anti-money-laundering system in accordance with this regulation to the local agency of the Commission to submit the relevant information.
Securities and futures business found the Securities and futures industry suspected of money-laundering activities clues, it shall be reported to the anti-money-laundering executive authorities, investigation bodies.
Chapter II responsibilities regulatory bodies and industry associations
Sixth Commission responsible for organizing, coordinating, directing the Securities and futures industry anti-money-laundering work, implementation of anti-money-laundering duties as follows:
(A) cooperate with State Administrative Department for anti-money-laundering develop securities and futures industry of anti-money-laundering policies, planning and study on securities and futures industry major and difficult issues anti-money-laundering and anti-money-laundering Administrative Department under the State Council in a timely manner information about anti money laundering;
(B) participate in the development of securities and futures institutions anti-money-laundering regulations, securities futures business institutions to establish anti-money laundering requirements of the internal control system, served on the Securities and futures market access for operators and personnel carrying out anti-money-laundering requirements;
(C) combined with anti money laundering administrative departments of the State Council on management of securities and futures institutions on anti-money laundering regulations;
(D) in conjunction with the competent administrative Department for anti-money-laundering Guide China Securities Industry Association, the China futures industry association guidelines on anti-money-laundering and anti-money-laundering information and training;
(E) to study the Securities and futures industry on major issues and put forward policy recommendations against money-laundering;
(F) timely report to the investigative authority of transactions suspected of money-laundering offences, assisting the Justice Department to investigate cases of suspected money laundering;
(G) agencies implementing anti-money laundering regulatory evaluation of Chinese securities industry association, the China futures industry association to implement anti-money-laundering Guide;
(VIII) other duties stipulated by laws and administrative regulations.
Seventh Commission sent anti-money-laundering bodies to carry out the following responsibilities:
(A) cooperate with local administrative authorities on the area of anti-money-laundering operators implement anti-money-laundering regulation of securities and futures, and the establishment of a clearing-house mechanism;
(B) submission to the Commission on a regular basis within their respective jurisdictions semi-annual and annual anti money laundering, promptly report to the area of securities and futures institutions affected by the competent administrative Department for anti-money laundering checks or punishment information and related events;
(C) organize and guide the jurisdiction of the Securities and futures industry anti-money laundering training and advocacy;
(D) the study area the Securities and futures industry anti money laundering issues, and put forward improvement measures;
(E) other duties stipulated by laws, administrative regulations, and the SFC.
Eighth Chinese Securities Association works against money-laundering, the China futures industry association performs the following duties:
(A) under the authority of the SFC, enacted and amended anti-money-laundering guidelines;
(B) organized members campaigned against money-laundering training and advocacy;
(C) submission to the Commission on a regular basis the Association annual anti-money laundering report, timely reporting of major events;
(D) organized member research issues related to anti-money-laundering;
(E) other duties stipulated by laws, administrative regulations, and the SFC.
Chapter III operation of securities and futures institutions anti-money laundering obligations Nineth securities and futures institutions shall fulfill its obligations against money-laundering, establish a sound anti-money laundering internal control system.
Securities and futures business heads of agencies should be responsible for the effective implementation of anti-money laundering internal control systems, headquarters branches should be the implementation of anti-money laundering internal control supervision and management of the system, according to the requirement to report to the local agency of the Commission work against money-laundering. Article tenth to the Agency of the local securities and futures business institutions should submit its internal anti-money laundering Department, person in charge and personnel dedicated to anti-money laundering work of contact details and other related information.
Any change shall, within 10 working days from the date of the change to submit updated information.
11th Securities Futures business institutions should find the following items within 5 working days after the occurrence, report in writing to the local agency of the Commission:
(A) the Securities and futures institutions subject to checks by the Administrative Department or penalties against money-laundering;
(B) securities and futures business or its clients engaged in or suspected of engaging in money-laundering activities, is anti-money laundering, investigation or judicial authority by the Administrative Department punishment;
(C) other significant matters related to anti-money-laundering. 12th operator shall, in accordance with anti money-laundering to securities and Futures laws and regulations timely establishment of customer risk rating system, and report to the local securities Agency of record.
Sustained attention on the basis of, should be adjusted to customer risk rating.
13th Securities Futures operations for customers in the course of business, find clients, of personal identity documents or institutional information of suspected false record, refuse to handle and found there are suspicious of, customers should be required to add personal identity documents or body original enough to confirm his identity correlation proof material, could not be confirmed, should refuse to handle.
14th business through sales of securities and futures institutions when sales of funds and other financial products to clients shall be by contract, agreement or other written documents, identify client identification, client identification data and transaction record-keeping and information exchange, large-value and suspicious transactions reports and other aspects of anti-money laundering responsibilities and procedures.
15th Securities Futures business institutions should establish confidential anti-money-laundering system and reported to the local securities Agency of record.
Anti-money laundering matters confidentiality of work include the following:
(A) customer identification and customer risk rating information;
(C) large transactions reports;
(D) reports of suspicious transactions;
(E) the anti-money laundering obligations by national survey of law enforcement agencies information on suspected money-laundering activities;
(Vi) other matters involving confidential anti-money laundering.
Consulting and copying secret files should be put in writing a registration system. 16th business of securities and futures institutions should establish anti-money laundering training, information system, annual anti-money laundering training for staff and customer advocacy work against money-laundering, continued to improve preventive and monitoring measures against money-laundering.
The beginning of each year should be reported to local Commission sent against money-laundering training and awareness of implementation.
Article 17th operators do not comply with these measures relating to securities and Futures report, record or related internal control system and other provisions of the Securities and Futures Commission and its agencies may adopt shall be ordered to correct, monitoring conversations or ordered to participate in training and other regulatory measures.
The fourth chapter by-laws 18th article of the rules take effect on October 1, 2010.