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Administrative Measures On Large-Value And Suspicious Rmb Payment Transactions Report

Original Language Title: 人民币大额和可疑支付交易报告管理办法

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(January 3, 2003 people's Bank of China Decree [2003] 2nd announcement) first in order to strengthen the supervision and management of RMB payment trading, standardizing RMB payment transactions reporting act against using Bank payment and settlement for money-laundering and other illegal and criminal activities, in accordance with the People's Republic of China and other relevant laws and administrative regulations of the people's Bank of China, these measures are formulated.     Second RMB payment trading in these measures refers to units and individuals in the social and economic activities through notes, bank cards, exchange rate, d/a, entrusted collections of online payment and cash denominated in the currency of payment and the settlement of transactions.     Large-value payment transactions, refers to the required amount of RMB payment transactions.     Suspicious payment transactions, refers to the transaction amount, frequency, direction, purpose, nature, with exception of the RMB payment transactions.     Article approved by the people's Bank of China in the People's Republic of China established policy banks, commercial banks, urban and rural credit cooperatives, their unions, postal savings institutions (hereinafter referred to as financial institutions) for payment transactions business shall comply with these measures.     Fourth report of the people's Bank of China and its branches are responsible for payment transactions of supervision and management.     Fifth people's Bank of China to establish payment transaction monitoring systems, monitoring of the payment transaction.     Sixth business organization of financial institutions should set up special anti-money laundering jobs, establish personal responsibility, clear person responsible for payment transactions and suspicious payment transactions for recording, analyzing and reporting.     Seventh article following paid trading belongs to large paid trading: (a) corporate, and other organization and individual industrial and commercial households (following collectively units) Zhijian amount 1 million Yuan above of single pen transfers paid; (ii) amount 200,000 yuan above of single pen cash received pay, including cash deposit, and cash drawn and cash remittance, and cash bill, and cash promissory notes solutions pay; (three) personal bank settlement account Zhijian and personal bank settlement account and units Bank settlement account Zhijian amount 200,000 yuan above of payments designated turned. Eighth article following paid trading belongs to suspicious paid trading: (a) short-term within funds dispersed into, and concentrated turned out or concentrated into, and dispersed turned out; (ii) funds received pay frequency and the amount and enterprise business scale obviously inconsistent; (three) funds received pay flows and enterprise business range obviously inconsistent; (four) Enterprise daily received paid enterprise business features obviously inconsistent; (five) periodic occurred large funds received paid Enterprise nature, and business features obviously inconsistent; (six) same received payment people Zhijian short-term within frequently occurred funds received pay; (     Seven) long-term idle of account reasons unknown to suddenly enabled, and short-term within appeared large funds received pay; (eight) short-term within frequently to charged from with business business obviously has nothing to do of personal remittance; (nine) access cash of amounts, and frequency and the uses and its normal cash received pay obviously inconsistent; (10) personal bank settlement account short-term within cumulative 1 million Yuan above cash received pay; (11) and drug, and smuggling, and terrorist activities serious area of customer Zhijian of commercial between activities obviously increased, short-term within frequently occurred funds paid;     (12) the frequent account, cancellation and cancellation occurs before a lot of money cash; (13), intends to break, evading payment transaction monitoring (14) other suspicious payment transactions stipulated by the people's Bank of China, (15) other financial institutions judged suspicious payment transactions.     This section, the term "short-term" means within 10 business days.     Nineth depositors to the application when opening a bank account, account information submitted by the financial institutions should review their authenticity, integrity, and legality.     Tenth Article financial institutions should established deposits people information data archives, save Bank settlement account deposits people of information information, including units Bank settlement account deposits people of name, and statutory representative people or head name and effective identity documents of name and number, and account of proved file, and organization institutions code, and residence, and registered funds, and business range, and main funds between object, and account of day average received pay occurred amount, information and personal bank settlement account deposits people of name, and identity documents of name and number, and residence, information.     11th financial institution at the time of payment and settlement businesses, found that its customers are listed in this article eighth, the suspicious transaction should be recorded, analyzed, and fill in the suspicious transaction report form (see schedule 1) after the report.     12th financial institutions on suspicious transactions involving payment needs further verification, should be reported to the people's Bank of China.     People's Bank of China when querying the suspicious transaction, shall be responsible for the identification of relevant financial institutions, and provide timely feedback and archive records.     13th financial institution should be required by management of bank accounting files to keep as payment for the transaction.     14th financial institution payment transactions should be developed in accordance with the measures reported internal management systems and procedures, and to report to the people's Bank of China.     Affiliated branches of financial institutions implementation of the internal management system of monitoring and inspection.     15th large transfer payments by financial institutions through the relevant system and transaction monitoring system reports.     Large cash payment by the financial institution, through its business processing systems or writing reports.     Counter review suspicious payment transactions by financial institutions, through written reports or other means.     16th financial institutions handled large transfer payments from all financial institutions to report transactions that took place the 2nd working day from the date the rules of head office.     Large amounts of cash receipts and disbursements, in operations by financial institutions 2nd working day from the date submitted to the local branch of people's Bank, and transferred by people's Bank of China, Head Office. Article 17th policy banks, State-owned commercial banks, joint-stock commercial bank business found suspicious payment transactions, the suspicious transaction reporting form should be filled out and submitted to the branch.     Branch analysis of the suspicious transaction report form should be received the 2nd business day after submitting the rules of local branches, business branches in the capital (capital) City Centre branch, submitted to its parent. City commercial banks, rural commercial banks and rural credit cooperatives, their unions, foreign-owned banks, Sino-foreign joint venture banks and foreign bank branches operating agencies suspicious payment transactions, the suspicious transaction reporting form should be filled out and submitted to the people's Bank of China to local branches, business branches in the capital (capital) to downtown City Center branch and other branches.     Other Center branch of the people's Bank of China received the suspicious transaction report form for the 2nd business day after submitting the host province of the people's Bank of China branches, business branches in the capital (capital) City Centre branch.     18th financial institution agencies operating through analysis of the RMB payment trading, and clearly requires immediate investigation of suspected crimes, shall be immediately reported to the local public security organ, and its parent unit. 19th people's Bank of China branches, business branches in the capital (capital) City Center branch should analyse financial institutions submit suspicious transaction report form.     Need additional information or further clarification of financial institutions shall immediately inform the financial institutions to explain the situation. 20th people's Bank of China branches, business branches in the capital (capital) City Center branch financial institutions submit suspicious transaction reporting form weekly summary (see schedule 2), the first working day of each week to report to the people's Bank of China, Head Office.     Of significant suspicious payment transactions, shall immediately report the people's Bank of China, Head Office.     21st people's Bank of China and the financial institution shall not provide to any units or individuals to disclose suspicious transaction information, but, except as otherwise provided by law. Review 22nd financial institution is not open a settlement account opening for individuals, given by the people's Bank of China warned and fined 1000 Yuan more than 5000 Yuan fine.     In serious cases, cancels its senior managers directly responsible for qualifications. 23rd financial institution has any of the following circumstances, a rectification by the PBC and given a warning.     Late not corrected of, can sentenced 30,000 yuan following fine: (a) not by provides on account information for review, led units open State false bank settlement account of; (ii) not by provides established deposits people information data archives or collection of deposits people information data not full of; (three) not by provides save customer trading records of; (four) not by this approach on paid trading for review and report of; (five) on knows or should know of suspicious paid trading not report of;     (F) the violation of the article 21st disclose suspicious transaction information.     24th staff of financial institutions involved in the falsification of account information, for depositors to open bank accounts, provide assistance in money-laundering activities, should be given disciplinary punishment constitutes a crime, judicial organs shall investigate the criminal liability.     25th financial institution in violation of the regulations, if the circumstances are serious, and approved by the people's Bank of China to stop its opening basic deposit accounts, paused, or stopped part or all of the payment and settlement operations and cancel the financial institution directly responsible for the qualification of senior management.     Article 26th who, in violation of the provisions of article 21st of the people's Bank of China shall be given administrative sanctions.     27th article this way, the term "upper" and "lower", are included in this number.       28th article of the rules take effect on March 1, 2003. Schedule 1 Schedule 2