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Financial Institutions Anti-Money-Laundering Provisions

Original Language Title: 金融机构反洗钱规定

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(November 14, 2006, people's Bank of China Decree [2006] released 1th come into force on January 1, 2007) first in order to prevent money-laundering, regulating anti-money laundering regulatory and anti-money laundering work of financial institutions, maintaining financial order, according to the People's Republic of China anti-money laundering law and the People's Republic of China and other relevant laws and administrative regulations of the people's Bank of China, these provisions are formulated.
    Second article this provides applies Yu in People's Republic of China territory law established of following financial institutions: (a) commercial banks, and city credit unions, and rural credit unions, and post storage meeting institutions, and policy sex Bank; (ii) securities company, and futures brokers company, and fund management company; (three) insurance company, and insurance assets management company; (four) trust and investment companies, and financial assets management company, and financial company, and financial rental company, and car financial company, and currency brokers company;
    (E) published by the people's Bank of China to identify and other financial institutions.
    Remittance, payment clearing and fund sales institutions apply the provisions on supervision and administration of financial institutions anti-money-laundering provisions. Article III competent administrative departments of people's Bank of China, the State Council against money-laundering, in accordance with the anti-money laundering work of financial institutions supervision and management.
    The China Banking Regulatory Commission, China Securities Regulatory Commission and China insurance regulatory Commission within the scope of their respective duties anti-money laundering regulatory duties.
    In the people's Bank of China on anti-money laundering responsibilities, should cooperate with relevant departments under the State Council, the institutions and the judiciary. The fourth people's Bank of China under the State Council authorized on behalf of the Chinese Government to carry out international cooperation against money-laundering.
    People's Bank of China and other countries or regions, establish cooperation mechanisms against money-laundering, the implementation of cross-border anti money laundering supervision and management.
    Fifth article people's Bank of China Law perform following anti-money-laundering supervision management duties: (a) developed or with China banking supervision Management Committee, and China Securities supervision Management Committee and China insurance supervision Management Committee developed financial institutions anti-money-laundering regulations; (ii) is responsible for Yuan and foreign currency anti-money-laundering of funds monitoring; (three) supervision, and check financial institutions perform anti-money-laundering obligations of situation; (four) in duties range within survey suspicious trading activities; (five) to investigation organ report suspected money-laundering crime of trading activities;
    (F) in accordance with the provisions of relevant laws and administrative regulations, with overseas anti-money-laundering organizations to exchange information related to anti-money-laundering and information; (VII) other related responsibilities as stipulated by the State Council. Sixth article people's Bank of China established China anti-money-laundering monitoring analysis Center, law perform following duties: (a) received and analysis Yuan, and foreign currency large trading and suspicious trading report; (ii) established national anti-money-laundering database, properly save financial institutions submitted of large trading and suspicious trading report information; (three) according to provides to people's Bank of China report analysis results; (four) requirements financial institutions timely correction Yuan, and foreign currency large trading and suspicious trading report; (five) by people's Bank of China approved,
    Exchange of information with foreign agencies, information, (vi) other duties as stipulated by the people's Bank of China.
    Seventh people's Bank of China and its staff should be in accordance with anti-money laundering responsibilities access information confidential and shall not violate the provisions provide.
    China anti-money laundering monitoring and Analysis Center and its staff should be in accordance with anti-money laundering responsibilities access to customer information confidentiality, large-value and suspicious transactions information; non-prescribed by law shall not provide to any entity or individual.
    Eighth financial institution and its branch offices shall establish a sound anti-money laundering internal control systems established anti-money laundering or specify the internal body in charge of money-laundering, developing internal procedures and control measures against money-laundering, AML training of staff, enhanced anti-money laundering capability.
    Head of financial institutions and their branches shall be responsible for the effective implementation of anti-money laundering internal control system.
    Nineth financial institution shall provide for the establishment and implementation of customer identification system. (A) on requirements established business relationship or handle provides amount above of one-time financial business of customer identity for recognition, requirements customer show real effective of ID pieces or other identity proved file, for check and registration, customer identity information occurred changes Shi, should timely be update; (ii) according to provides understand customer of trading purpose and trading nature, effective recognition trading of beneficiaries; (three) in handle business in the found exception signs or on previously get of customer identity information of authenticity, and effectiveness, and
    Integrity in doubt, should be re-identifying customer identification; (d) the guarantee agency or similar business relationships overseas financial institutions for effective customer identification, and can be obtained from the foreign financial institution customer information that is required.
    Provisions of the preceding paragraph the specific measures formulated by the people's Bank of China, China Banking Regulatory Commission, China Securities Regulatory Commission and China insurance regulatory Commission.
    Within a tenth of a financial institution shall, within the prescribed period, keep client identification information and data that reflects each transaction information, business certificates, account books and other relevant information.
    Provisions of the preceding paragraph the specific measures formulated by the people's Bank of China, China Banking Regulatory Commission, China Securities Regulatory Commission and China insurance regulatory Commission.
    The 11th financial institution shall, in accordance with the provisions of article report to the China anti-money laundering monitoring and Analysis Center of RMB, foreign currency transactions and suspicious transactions.
    The concrete implementation of the provisions of the previous paragraph measures shall be formulated separately by the people's Bank of China.
    12th people's Bank of China, in conjunction with the China Banking Regulatory Commission, China Securities Regulatory Commission, the China insurance regulatory Commission to guide the financial industry anti-money-laundering guidelines of the self-regulatory organizations in the development of this industry.
    13th financial institution in anti-money laundering obligations in the process found a suspected crime, shall be in writing and in a timely manner to the people's Bank of China local branch and the local public security authorities.
    The 14th financial institution and its staff shall assist and cooperate with the judiciary and law enforcement agencies to combat money-laundering activities.
    Presence of the overseas branches of financial institutions should be followed in national or regional anti-money-laundering laws to help support the work of anti-money-laundering agency stationed in country or region.
    15th financial institution and its staff shall comply with anti-money laundering obligations acquired customer identity and transaction information shall keep confidential non-prescribed by law shall not provide to any entity or individual.
    Financial institutions and their staff to report suspicious transactions, with the rules of the investigation of suspicious transactions relating to money-laundering information confidential, provided to customers and other personnel shall not violate the provisions.
    16th of the financial institutions and their functionaries to large-value and suspicious transactions reports, are protected by law.
    17th financial institution shall, in accordance with the rules of the provisions submitted anti-money-laundering report, information and audit in the audit report with the content relating to the anti-money-laundering.
    18th article people's Bank of China and branch institutions according to perform anti-money-laundering duties of need, can take following measures for anti-money-laundering site check: (a) into financial institutions for check; (ii) asked financial institutions of staff, requirements its on about check matters made description; (three) check out, and copy financial institutions and check matters about of file, and information, and on May was transfer, and destroyed, and hidden or tampered with of file information be sealed;
    (D) check computer systems for managing business data of financial institutions.
    Before the people's Bank of China or its affiliates to conduct inspections, on-site inspection approval form should be filled in showing objects and checks content, timing, and content, by the people's Bank of China, or the principal of the Branch Office for approval before implementation.
    On-site inspection, inspectors shall be not less than 2, and shall produce their certificates and check notices inspectors less than 2 or failing to produce their cards and letters, financial institutions have the right to refuse the inspection. After on-site inspections, on-site inspections shall be made representations or branches of the PBC and seal, served by the inspection body.
    Submissions include on-site inspection inspection, examination and evaluation, improvement and measures.
    19th branch of people's Bank of China and its institutions according to the anti-money laundering responsibilities need, can talk to directors and senior managers of financial institutions, require financial institutions to comply with anti-money laundering obligations on major issues made.
    20th, people's Bank of China to conduct inspections of financial institutions, if necessary, will check the briefing by the China Banking Regulatory Commission, China Securities Regulatory Commission and China insurance regulatory Commission.
    21st people's Bank of China or its branches at the provincial level activities need to investigate suspicious transactions verified, can contribute to the investigation of suspicious transactions involving financial institutions customer account information, transactions, and other relevant information and shall cooperate with financial institutions and their staff.
    People's Bank of China referred to in the preceding paragraph or its branches at the provincial level including the people's Bank of China Head Office, Shanghai headquarters, branches, business branches in the capital (capital) City Centre branch, branch Vice-provincial cities.
    22nd, people's Bank of China, or its branches at the provincial level to investigate suspicious trading activity, you can ask the staff of financial institutions, requiring them to explain the situation read and copy of the surveyed financial institutions customer account information, transactions, and other relevant information; may be tampered with by transferring, hiding, or destruction of documents and data, can hold. When investigating suspicious trading activity, the investigators shall not be less than 2 and produce their card and people's Bank of China, or notice of investigation of its branches at the provincial level. Read, copy, archive of the surveyed financial institutions customer account information, transactions, and other relevant information shall be approved by the head of the people's Bank of China, or its branches at the provincial level.
    Investigators violated established procedures, financial institutions have the right to refuse investigation. Inquiry shall make inquiry record. Ask those questioned record shall be checked. Of any omission or mistake, interrogated may require supplementation or correction.
    Be asked confirmation record is correct, they shall sign or affix their seals; investigators should also sign the record.
    Investigators sealed documents and materials, shall, together with the financial institutions staff carefully checked, a list in duplicate, signed by the investigator and the financial institution staff or seal, a financial institution, a volume for future reference. 23rd as investigation was still suspected of money-laundering cannot be ruled out, it shall immediately report to the investigative authority of competent jurisdiction. Customer requirements will investigate the accounts involved transferring funds overseas, financial institutions shall immediately report to the local branches of the PBC.
    Approved by the head of the people's Bank of China, people's Bank of China may take a temporary freeze, and notified in writing to financial institutions, financial institutions should implement them immediately after receiving the notice. After the authorities received a report of investigation, considered necessary to freeze the financial institution after receiving notice of the investigation bodies to continue to freeze, should be fit.
    Investigating authorities do not consider it necessary to continue freezing, people's Bank of China after receiving notice from the investigating authorities do not need to continue the freeze, it shall immediately notify the financial institution in writing to lift a temporary freeze. Temporary freezing shall not exceed 48 hours.
    Financial institutions, as requested by the people's Bank of China within 48 hours of the temporary freeze, has not received notice from investigative bodies to continue to freeze, you should immediately lift the temporary freeze.
    24th article people's Bank of China and branch institutions engaged in anti-money-laundering work of personnel has following behavior one of of, law give administrative sanctions: (a) violation provides for check, and survey or take temporary freeze measures of; (ii) leaked for anti-money-laundering knows of national secret, and commercial secret or personal privacy of; (three) violation provides on about institutions and personnel implementation administrative punishment of; (four) other not law perform duties of behavior. 25th article financial institutions violation this provides of, by people's Bank of China or its to downtown branch above branch institutions according to People's Republic of China anti-money-laundering method 31st article, and 32nd article of provides for punishment; difference different case, recommends China banking supervision Management Committee, and China Securities supervision Management Committee or China insurance supervision Management Committee take following measures: (a) ordered financial institutions closed reorganization or revoked its business license; (ii) canceled financial institutions directly is responsible for of Director, and
    Senior managers and other personnel qualifications, prohibited from engaging in related financial industry; (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, financial institutions found in violation of the provisions of, and should report on their a-level branches, the branch in accordance with the provisions of the preceding paragraph or make recommendations.
    26th people's Bank of China and the Center branch over branch of financial institution in violation of the provisions of the administrative penalties, shall comply with the relevant provisions of the rules of procedure of administrative penalty provisions. The 27th article of the provisions come into force on January 1, 2007.
                            January 3, 2003 issued by the people's Bank of China of the financial institutions anti-money-laundering provisions repealed simultaneously.