Rules Of The Counterfeit Money Seized, Identification Of Management Approach

Original Language Title: 中国人民银行假币收缴、鉴定管理办法

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(April 9, 2003 people's Bank of China Decree [2003] 4th release) Chapter I General provisions article to regulate the collection and identification of counterfeit money, protect the legitimate rights and interests of currency holders, in accordance with the decision of the Standing Committee of the national people's Congress on punishment of crimes of disrupting financial order and the People's Republic of China currency Management Ordinance enacted in this way.
    Article II Exchange your foreign currency deposit and foreign currency business of financial institutions seized counterfeit money, the people's Bank of China and its authenticity identification currency identification of bodies authorized to apply this approach. Third currencies in these measures refers to the renminbi and foreign currencies.
    Refers to the people's Bank of China issued according to law of the Yuan currency, including coins and banknotes; foreign currency means in China (Hong Kong S.A.R., and Macau S.A.R. and Taiwan except for) to be received against the currency of other countries or regions.
    Counterfeit money in these measures refers to the counterfeiting or altering of currency.
    Counterfeit currency was modelled on the real currency design, shape, color and so on, making counterfeit money using a variety of means.
    Altered currency refers to a real currency, based on use of dig, uncovering layers, altering, assembling, shift, reprints, and other methods, change currency counterfeit money of the original form.
    Handle currency access in these measures and currency exchange operations of financial institutions (hereinafter "financial institution") refers to the commercial banks, urban and rural credit cooperatives and postal savings business institutions.
    Authentication institutions authorized by the people's Bank of China mentioned in these measures refers to monetary and false identification and condition, and authorized by the people's Bank of China's commercial banking institutions.
    Fourth financial institutions seized counterfeit money, handed over by the late local branches of the PBC, uniformly destroyed by the people's Bank of China, and shall not dispose of any sector.
    Fifth Branch of people's Bank of China and its institutions, in accordance with this approach of counterfeit seizures, expert supervision and administration. Chapter II, article sixth of collection of counterfeit money found counterfeit money in the business of financial institutions, by the staff of the financial institutions more operations to be collected in person. On fake Yuan notes, should surface stamped "counterfeit" words of stamp; on fake foreign currency notes and the various fake coins, should surface to unified format of dedicated bags sealed, sealing at stamped "counterfeit" words stamp, and in dedicated bags Shang marked currency species, and coupons don't, and denomination, and Zhang (gold) number, and Crown word number, and collection people, and review people badge, fine items. Collection of counterfeit financial institutions (hereinafter "collection") to the holder of the counterfeit money collected vouchers issued by the people's Bank of China printed and inform the holder objects to the authenticity of the seized currency, may apply to the people's Bank of China local branch or local identification of people's Bank of China authorized body for identification.
    Seizures of counterfeit currency, shall not be handed over to the owner.
    Seventh article financial institutions in collection counterfeit process in the has following case one of of, should immediately report local police organ, provides about clues: (a) one-time found fake Yuan 20 Zhang (gold) (containing 20 Zhang, and gold) above, and fake foreign currency 10 Zhang (containing 10 Zhang, and gold) above of; (ii) belongs to using new of fraud means manufacturing counterfeit of; (three) has manufacturing trafficking counterfeit clues of; (four) holds people not tie financial institutions collection behavior of. Article eighth coin collection business personnel, shall obtain the qualification certificate of the anti-fake money. Qualification certificate of the anti-fake money printed by the people's Bank of China.
    People's Bank of China branches, business branches in the capital (capital) City Centre branch is responsible for the province (autonomous regions and municipalities) financial institution operations staff to training, examinations and the issuance of qualification certificates of the anti-fake money.
    Nineth financial institutions for separate management of confiscated counterfeit physical, and to establish a register of counterfeit seizures keep.
    Chapter III identification of counterfeit currency article tenth holder objects to the authenticity of the seized currency has, within 3 working days since the date of collection, of the counterfeit money seized documents directly or through the collection unit to the rules of the local branches or written application from the local accreditation body authorized by the people's Bank of China.
    People's Bank of China branches and authentication institutions authorized by the people's Bank of China should be free to identify authenticity of currency services, identified the currency should be issued by the people's Bank of China printed identification book, and cancelled with the Special seal for currency identification and expert badge.
    Authentication institutions authorized by the people's Bank of China, should be in a place of public authority certificate.
    11th people's Bank of China branches and authentication institutions authorized by the people's Bank of China shall, within 2 working days of receipt of the application, inform the collection unit submitted to the need to identify the currency.
    Collection of units shall, from the date of receipt of the notification of the identification unit within 2 working days, will need to identify the currency service identification unit. 12th people's Bank of China branches and authentication institutions authorized by the people's Bank of China shall within 15 working days from the date of receipt of identification, issued by the currency identification book.
    For complicated situations which cannot be completed within the stipulated period, may be extended to 30 days, but must first apply in writing to the applicant or unit explaining why.
    13th article on cover has "counterfeit" words stamp of Yuan notes, by identification for really currency of, by identification units make collection units according to denomination Exchange full coupons returned holds people, recovered holds people of counterfeit collection voucher, cover has "counterfeit" stamp of Yuan by injury Yuan processing; by identification for counterfeit of, by identification units be confiscated, and to collection units and holds people issued currency authenticity identification book and counterfeit confiscated receipt.
    Collection of foreign currency banknotes and coins, was identified as genuine currency, holder of the collection returned by the identification Unit, and recovery of the counterfeit money seized documents; identified as counterfeit money, collected by identification of counterfeit money will be returned in accordance with the collection and the collection of units of currency and issued by the holder of the letter of authenticity.
    14th people's Bank of China branch identification and authentication institutions authorized by the people's Bank of China when the authenticity of the currency, should be at least two examiners participate in, and make a conclusion.
    15th people's Bank of China branch in the complex's counting financial institutions handed over back and found fake renminbi, should be qualified shall be confiscated, to remit the issuing of the receipt of counterfeit money confiscated, make up the matching and request withdrawal of RMB.
    16th holders relating to the financial institutions seizing or disagrees with the specific administrative act of the identification of counterfeit money, received the counterfeit money collecting vouchers or the authenticity of the monetary appraisal certificate within 60 working days of the date of the direct supervision of the financial institutions of the people's Bank of China branch to apply for administrative reconsideration or file an administrative lawsuit in accordance with law.
    Holders in relation to the identification of counterfeit money to the people's Bank of China branches disagrees with the specific administrative act, authenticity of receiving the money within 60 working days of the date on which the level may apply for administrative reconsideration or file an administrative lawsuit in accordance with law.
    Fourth chapter penalty is 17th article financial institutions has following behavior one of, but yet constitute crime of, by people's Bank of China give warning, and fine, while, obliges financial institutions on related competent personnel and other directly responsibility people give corresponding disciplinary: (a) found counterfeit and not collection of; (ii) not according to this approach provides program collection counterfeit of; (three) should to people Bank and police organ report and not report of; (four) interception or privately processing collection of counterfeit, or makes has collection of counterfeit again into market of.
    Such acts involving fake renminbi, more than 1000 Yuan for financial institutions fined a maximum of 50,000 yuan involving fake foreign currency, fined not more than 1000 Yuan for financial institutions.
    18th article people's Bank of China authorized of identification institutions has following behavior one of, but yet constitute crime of, by people's Bank of China give warning, and fine, while obliges financial institutions on related competent personnel and other directly responsibility people give corresponding disciplinary: (a) refused to accepted holds people, and financial institutions proposed of currency authenticity identification application of; (ii) not according to this approach provides program identification counterfeit of; (three) interception or privately processing identification, and collection of counterfeit, or makes has collection, and confiscated of counterfeit again into market of.
    Such acts involving fake renminbi, more than 1000 Yuan for authorized accreditation body fined a maximum of 50,000 yuan involving fake foreign currency, identification of the authorized agency fined 1000 Yuan fine.
    19th article people's Bank of China staff has following behavior one of, but yet constitute crime of, on directly is responsible for of competent personnel and other directly responsibility personnel, law give administrative sanctions: (a) not according to this approach provides program identification counterfeit of; (ii) refused to accepted holds people, and financial institutions, and authorized of identification institutions proposed of currency authenticity identification or again identification application of; (three) interception or privately processing identification, and collection, and confiscated of counterfeit, or makes has collection, and confiscated of counterfeit again into market of.
    Fifth chapter by-laws 20th article of the rules take effect on July 1, 2003.
                                                            21st article this way by the people's Bank of China is responsible for the interpretation.

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