Financial Institutions Customer Identification And Customer Identification Data And Transaction Records Management Practices

Original Language Title: 金融机构客户身份识别和客户身份资料及交易记录保存管理办法

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(On June 21, 2007 people's Bank of China, and China banking supervision Management Committee, and China Securities supervision Management Committee, and China insurance supervision Management Committee makes [2007] 2nd, announced since on August 1, 2007 up purposes) first chapter General first article to prevention money-laundering and terrorist financing activities, specification financial institutions customer identity recognition, and customer identity information and trading records save behavior, maintenance financial order, according to People's Republic of China anti-money-laundering method, legal, and administrative regulations of provides,
    These measures are formulated.
    Second article this regulation is applicable in the People's Republic of China legally established in the territory of the following financial institutions: (a) the policy banks, commercial banks, urban credit cooperatives, rural credit cooperatives, rural cooperative banks.
    (B) securities companies and futures companies, fund management companies.
    (C) insurance companies and insurance asset management companies.
    (D) financial asset management companies, trust companies, finance companies, financial leasing companies, auto finance companies, money brokerage companies.
    (E) published by the people's Bank of China to identify and other financial institutions.
    Remittance, payment clearing and fund sales institutions to fulfil client identification, client identification data and transaction record-keeping obligations for these measures.
    The third financial institution should be conscientious, establishing and implementing customer identification system, follow the "know-your-client" principle, with different characteristics of risk of money laundering or terrorist financing of customer, business relationship or transaction, appropriate measures can be taken, know your customer and transaction purpose and nature, and understand the natural and actual control customers the actual beneficiary of the deal.
    Financial institution shall, in accordance with the principles of security, accuracy and integrity, confidentiality, and proper keeping of customer identity and transaction to ensure sufficient to reproduce each transaction, to provide recognition for customer identification, monitoring and analysis of transactions, investigating suspicious trading activity and the information required for the investigation of money-laundering cases.
    Fourth article financial institutions should according to anti-money-laundering and anti-terrorist financing aspects of legal provides, established and sound customer identity recognition, and customer identity information and trading records save, aspects of internal operation, specified hand is responsible for anti-money-laundering and counter-terrorism financing collection rules management work, reasonable design business process and operation specification, and regularly for internal audit, assessment internal operation whether sound, and effective, timely modified and perfect related system.
    Fifth financial institution its branch should be implementing customer identification system, customer identity and transaction record-keeping systems of supervision and management.
    Financial institutions, group headquarters to deal with client identification, client identification data and transaction records to uniform requirements to the work. Financial institutions should request their overseas branches and subsidiary bodies in the country (region) to the extent permitted by law, and relevant requirements of the implementation of these measures, presence in countries (regions) have more stringent requirements, compliance with its provisions.
    If these measures than in the country (region) regulations more stringent, but resident in the country (area) is prohibited by law or restricted overseas branches and subsidiary bodies to implement these measures, financial institutions should report to the people's Bank of China.
    Sixth article financial institutions and outside financial institutions established agent line or similar business relationship Shi, should full collection about outside financial institutions business, and reputation, and internal control, and accept regulatory, aspects of information, assessment outside financial institutions accept anti-money-laundering regulatory of situation and anti-money-laundering, and anti-terrorist financing measures of sound sex and effectiveness, to written way clear this financial institutions and outside financial institutions in customer identity recognition, and customer identity information and trading records save aspects of duties.
    Financial institutions and offshore financial institutions establish agency or similar business relationship shall be subject to approval of the Board of Directors, or other senior management. Second chapter customer identity recognition system seventh article policy sex Bank, and commercial banks, and rural cooperation Bank, and city credit unions, and rural credit unions, financial institutions and engaged in Exchange business of institutions, in to open State account, way and customer established business relationship, for is not this institutions open State account of customer provides cash remittance, and cash Exchange, and notes honour, one-time financial service and trading amount single pen Yuan 10,000 yuan above or foreign currency equivalent 1000 dollars above of, should recognition customer identity,
    Understand the natural and actual control customers the actual beneficiary of the transaction, check the customer's valid ID card or other identification documents, register clients basic information and retain copy of valid ID card or other identification documents, or photocopies.
    As customers for foreign dignitaries, for which financial institution to open an account shall be subject to the approval of senior management.
    Article eighth rural cooperative banks, commercial banks, urban credit cooperatives, rural credit cooperatives and other financial institutions as a natural customer handling RMB 50,000 Yuan or more or the equivalent in foreign currency over US $ 10,000 in cash access business, check the customer's valid ID card or other identification documents.
    Nineth financial institution provides safekeeping services, should be aware of who actually use the safe deposit box. Tenth Article policy sex Bank, and commercial banks, and rural cooperation Bank, and city credit unions, and rural credit unions, financial institutions and engaged in Exchange business of institutions for customer to outside meeting out funds Shi, should registration remittance people of name or name, and account, and residence and collection people of name, and residence, information, in Exchange voucher or related information system in the retained above information, and to received remittance of outside institutions provides remittance people of name or name, and account, and residence, information. Sender does not open accounts in financial institutions, financial institutions cannot register on remitter account number, which may be registered and receive remittances of overseas institutions to provide other relevant information, ensure that the transaction tracking audit.
    Outside of the domicile of the payee is not clear, financial institutions can receive remittance of foreign place names. Financial institutions that receive remittances abroad, find the sender's name or names, the sender account and any of the sender in the shelter three information missing, foreign institutions should be required to add. If the sender is not in handling the export business of institution to open an account abroad, domestic financial institutions cannot be registered to receive remittances remitter account can register other information, ensure that the transaction tracking audit.
    Remittances ' residence is not clear, name can be registered capital in financial institutions.
    11th article securities company, and Futures company, and fund management company and other engaged in fund sales business of institutions in handle following business Shi, should recognition customer identity, understand actual control customer of natural and trading of actual beneficiaries, check customer of effective ID pieces or other identity proved file, registration customer identity basic information, and retained effective ID pieces or other identity proved file of copies or copies: (a) funds account account, and PIN households, and change, funds access,.
    (B) open a fund account.
    (C) the agent account, the loss of securities accounts, account or futures account application, loss and cancellation of the transaction code.
    (D) the futures contract with the customer.
    (E) the authorized handling agent for the customer or to cancel the Agent authorization.
    (Vi) to host, specify the transaction, revoke the designation of the transaction.
    (G) the Agency share confirmation.
    (H) the password immediately.
    (I) the basic information, such as modifying the client information.
    (J) the online counter transactions such as trading, phone trading.
    (11) the margin credit transactions, such as contracts with the customers.
    (12) get set by the people's Bank of China and the China Securities Regulatory Commission other business. 12th article for premium amount Yuan 10,000 yuan above or foreign currency equivalent 1000 dollars above and to cash form paid of property insurance contract, single was insurer premium amount Yuan 20,000 yuan above or foreign currency equivalent 2000 dollars above and to cash form paid of life insurance contract, premium amount Yuan 200,000 yuan above or foreign currency equivalent 20,000 dollars above and to transfers form paid of insurance contract, insurance company in made insurance contract Shi, should confirmed policyholders and was insurer of relationship,
    Check the insured and the insurance the insured, heir of the specified beneficiary of a valid identity card or other identity document, registration of the insured, insured, heir apparent of the specified beneficiary of basic information and retain copy of valid ID card or other identification documents, or photocopies.
    13th when the client application to terminate contracts, such as the return of premiums or refund the amount of the cash value of the policy of RMB 10,000 Yuan or more or the foreign currency equivalent of $ 1000 or more, applicants should be required to surrender the production insurance contract of insurance companies or insurance certificate original, check the surrender valid identity card or other identity document of the applicant, confirm the applicant's identity.
    14th article in was insurer or beneficiaries requests insurance company compensation or payment insurance Shi, as amount for Yuan 10,000 yuan above or foreign currency equivalent 1000 dollars above, insurance company should check was insurer or beneficiaries of effective ID pieces or other identity proved file, confirmed was insurer, and beneficiaries and policyholders Zhijian of relationship, registration was insurer, and beneficiaries identity basic information, and retained effective ID pieces or other identity proved file of copies or copies.
    15th trust when the trust is established, check the client's valid ID card or other identification documents, understand the source of the trust property, registered principal, beneficiary of basic information, and save the client's valid ID card or other identity document or a copy of copy.
    16th article financial assets management company, and financial company, and financial rental company, and car financial company, and currency brokers company, and insurance assets management company and people's Bank of China determine of other financial institutions in and customer signed financial business contract Shi, should check customer of effective ID pieces or other identity proved file, registration customer identity basic information, and retained effective ID pieces or other identity proved file of copies or copies.
    17th financial institutions using telephone, Internet, automatic teller machines and other ways to provide customers with non-counter service, strict identity verification measures should be implemented, take the appropriate technical means, strengthen internal management processes and identify customers ' identities. 18th financial institution shall, in accordance with the characteristics of customers or the property accounts, taking into account geographical, business, industry, customers are foreign dignitaries and other factors, risk level, and on the basis of continuing concern, adjusting the risk level.
    Under the same conditions from weak regulation of anti-money laundering and anti-terrorist financing national (regional) level should be higher than the risk for customers from other countries (regions) clients. Financial institutions should be based on the risk level of customer or account, audit financial institutions to save basic customer information on a regular basis, the risk level is higher customer or account audit should be more stringent than the low level of risk customer or account review.
    On the highest risk clients or accounts of financial institutions, at least once every six months for review.
    Financial institutions risk classification criteria shall be submitted to the people's Bank of China.
    19th during the business relationship with customers, financial institutions customer identification measures should be taken, customer focus and its day-to-day business activities, financial transactions, and prompts customers to update information in a timely manner. For high risk or high risk account holders, financial institutions should know their sources of funds, use of funds, economic status or the operation of information, to strengthen the monitoring and analysis of its financial transactions.
    Customers for foreign dignitaries, financial institutions should take reasonable measures to understand the sources and uses.
    Customer ID or proof of identity has been previously submitted valid for customers within a reasonable time not updating and there are no reasonable grounds, financial institutions should stop for customers to conduct business.
    20th financial institutions should take reasonable way to confirm the presence of agency relationship, in accordance with the relevant requirements of these measures taken against the principal client identification measures, shall check the principal's ID or proof of identity, registered agent name, or names, contact information, types of ID or proof of identity, number.
    21st financial institutions except trust aware or should be aware of customer's funds or property belonging to the trust property, should identify the trust relationship between the identity of the party, registered names of the trustee and the beneficiary of the trust and contact information.
    22nd when the following conditions, financial institutions should renew customer identification: (a) customer requirements change names or names, ID or proof of identity documents, identity document number, registered capital, business scope, legal representative or responsible person.
    (B) customer or transaction exception occurs.
    (C) the customer name and relevant State Council departments, agencies and the judiciary law required financial institutions to an investigation or suspects concerned, money-laundering and terrorist financing names of the same name.
    (D) clients are suspected of money laundering, terrorist financing activities.
    (V) financial institutions to obtain customer information previously available information there is inconsistent or contradictory.
    (Vi) of previously obtained customer identification data authenticity, validity, integrity, there are doubts.
    (VII) financial institutions should be re-identify your customers in other circumstances.
    23rd financial institution in addition to checking valid identity card or other identity document, one or more of the following measures can be taken, identification or to identify customers ' identities: (a) require customers to supplement other identity or identity documents.
    (B) visits to customers.
    (C) field visits.
    (D) verify with the public security, industry and commerce administration departments.
    (E) other measures taken in accordance with law. Banking financial institutions customer identification obligations, in accordance with laws, administrative regulations or departmental regulations need to check the identity of a natural person, information system for on-line verification of citizenship should be established through the people's Bank of China for verification.
    Other financial institutions to verify the citizenship of natural information, via online checking citizenship verification information system established by the people's Bank of China.
    The 24th financial institutions Commission when selling financial products to customers of other financial institutions, should be specified in the trust agreement responsibilities of the parties in identifying the client, provide each other with the necessary assistance, effective customer identification measures taken accordingly.
    When the following conditions are met, financial institutions can trust sells financial products provides results of customer identification by financial institutions is no longer repeated customer identification procedure has been completed, but should still take no responsibility to meet client identification obligations: (a) the sales of financial products, financial institutions customer identification measures taken comply with anti-money-laundering laws, administrative regulations and requirements of this approach.
    (B) financial institutions to have effective access to information and save the client information.
    25th financial institution commissioned third parties other than financial institutions to identify customers, shall comply with the following requirements: (a) can prove that the third party according to the anti-money-laundering laws, administrative regulations and the requirements of this approach, client identification and identity preservation of the necessary measures.
    (B) third-party customer information for this financial institution, there are no legal obstacles in systems, technology and other areas.
    (C) the financial institution handling the business, immediate access to customer information provided by third parties, where necessary, obtain from a third party the customer's valid identity documents, originals, copies or photocopies of identity documents.
    Entrust third parties to fulfil client identity, financial institutions should bear the responsibility of not comply with client identification obligations.
    26th in the performance of financial institutions customer identification obligations shall be made to the China anti-money laundering monitoring and Analysis Center and the local branches of the PBC report suspicious behavior: (a) the customer refuses to provide a valid identity card or other identity document.
    (B) to remit funds upon request from foreign institutions in the territory, still unable to obtain the sender's name or full name, sender accounts and remittance of residence and other information related to alternative.
    (C) the customer without justification refuse to update basic information of customers.
    (D) take the necessary measures, is still suspected of previously obtained customer identification data authenticity, validity, and completeness.
    (V) comply with client identification obligations found other suspicious behavior.
    Financial institutions to report suspicious behaviour in the light of the above financial institutions transactions and suspicious transaction reporting regulations (people's Bank of China Decree [2006] 2nd publication) and related regulations.
    Chapter III customer identification data Save 27th financial institution should be saved and transaction records client identification information, including customer information, data, and reflect the performance of the financial institutions customer identification records and information.
    Transactions for financial institutions should be preserved, including data on each transaction information, business certificates, account books and relevant provisions reflecting the real circumstances of a transaction contracts and business documents, documents, business correspondence and other documents.
    28th financial institution shall take the necessary administrative and technical measures to prevent loss of customer identification data and transaction, damage, prevent the disclosure of customer information and transaction information.
    Financial institutions should take practical measures to keep customer identification data and transaction records, facilitates anti money-laundering investigation and supervision and management.
    29th financial institution shall, in accordance with the following time limits save customer data and transactions: (a) customer identification information, since the business relationship ended when or one-time transactions for at least 5 years accounting year.
    (B) transactions, transactions for at least 5 years accounting year.
    Such as client identification data and transactions involving the anti money-laundering investigation of suspicious transactions, and money-laundering investigations at the time of expiry of the minimum storage period provided for in the preceding paragraph is not over, financial institutions should be saved to the anti money-laundering investigation is finished. Have different retention periods on the same medium the customer identity or transactions, it shall save a maximum period.
    The same customer identification data or transactions using different media, shall, in accordance with these terms to keep at least one media client identification information or transactions.
    Laws, administrative regulations and other rules on customer identification data and transactions have a longer shelf life requirements, compliance with its provisions.
    30th financial institution bankruptcies or dissolution of that customer identity and transaction should be handed to the Chinese Banking Regulatory Commission, China Securities Regulatory Commission and China insurance regulatory Commission designated institutions.
    Fourth chapter legal liability article 31st financial institution in violation of these regulations, by the people's Bank of China, in accordance with the People's Republic of China anti-money-laundering Act, 31st, 32nd, penalty shall be imposed; differences between different situations, to the China Banking Regulatory Commission, China Securities Regulatory Commission and China insurance regulatory Commission recommended that the following measures be taken: (a) to order the financial institution business for rectification or revoke its business license.
    (B) cancellation of financial institutions directly responsible for directors, senior managers and other personnel qualifications, prohibition to engage in work on financial sector.
    (C) to order the financial institution directly responsible for the directors, senior management and other personnel with direct responsibility for disciplinary action.
    The rules of the County (City) Branch found in violation of these regulations by financial institutions, people's Bank of China shall report to level branches, branches at the top level in accordance with the provisions of the preceding paragraph for punishment or recommendation.
    Fifth chapter supplementary articles article 32nd at the time of reinsurance business, comply with client identification obligations do not apply these measures. 33rd the following terms shall have the meanings herein as follows: customers of natural persons "status information" includes customer name, gender, nationality, occupation, place of residence or work address, contact details, identity documents or identity document type, number, and expiration date.
    Customers ' places of domicile and habitual residence are at odds, the habitual residence of the registered customer.
    Corporate, and other organization and individual industrial and commercial households customer of "identity basic information" including customer of name, and residence, and business range, and organization institutions code, and tax registration card number; can proved the customer law established or can law carried out business, and social activities of license, and documents or file of name, and number and effective term; holding shareholders or actual control people, and statutory representative people, and head and authorized handle business personnel of name, and ID pieces or identity proved file of type, and number, and effective term.
    34th article of the approach formulated by the people's Bank of China, China Banking Regulatory Commission, China Securities Regulatory Commission and China insurance regulatory Commission to explain.
                                                                                        35th these measures shall come into force on August 1, 2007.

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