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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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(January 3, 2003 people's Bank of China Decree [2003] released 1th) first to prevent criminals from using financial institutions engaged in money-laundering activities, maintenance of financial security, according to the People's Republic of China people's Bank of China and other laws, administrative rules and regulations, this provision is enacted.
    Second anti-money-laundering efforts of financial institutions, these provisions shall apply.
    Financial institutions in these rules refers to in the People's Republic of China established according to law and business of financial institutions in the territory, including policy banks, commercial banks, credit unions, postal savings institutions, finance companies, trust and investment companies, financial leasing companies and foreign-funded financial institutions.
    The third money-laundering referred to in these provisions, refer to drug crimes, organized crimes, terrorism, smuggling or other illegal proceeds of crime and the proceeds through various means to hide, to conceal its origin and nature, make it legalized in the form of behavior.
    Fourth financial institution and its staff should be in accordance with the anti-money laundering obligations seriously, carefully to identify suspicious transactions and shall not engage in unfair competition, impede the implementation of anti-money laundering obligations.
    Fifth financial institution and its staff shall keep secret anti-money-laundering, shall not violate the provisions of the relevant anti-money-laundering information to clients and others.
    Article sixth financial institution shall assist and cooperate with the judiciary and law enforcement agencies to combat money-laundering activities, in accordance with the provisions of laws and administrative rules and regulations relating to assist judicial authorities, customs authorities, tax departments to inquire about, freeze and deduction of customer deposits.
    Overseas branches of Chinese financial institutions should follow stationed in country or regional anti-money-laundering laws, and assisting in the country according to law or the anti money-laundering Department of works.
    Article seventh rules of the regulatory institutions are financial institutions against money laundering.
    People's Bank of China established financial institutions anti-money-laundering work led group, perform following duties: (a) unified regulatory, and coordination financial institutions anti-money-laundering work; (ii) research and developed financial institutions of anti-money-laundering strategy, and planning and policy, developed anti-money-laundering system, developed large and suspicious Yuan funds trading report system; (three) established paid trading monitoring system, on paid trading for monitoring; (four) research financial institutions anti-money-laundering work of major difficult problem, proposed solution programme and countermeasures;
    (E) participation in international cooperation against money-laundering, foreign exchange and cooperation to guide financial institutions against money laundering and (vi) other anti-money laundering regulatory duties to be carried out by the people's Bank of China. State administration of foreign exchange is responsible for the oversight of large-value and suspicious foreign exchange transactions reporting management.
    State administration of foreign exchange to develop large-value and suspicious foreign exchange transactions reporting system.
    Eighth financial institution shall, in accordance with the rules of the provisions establish anti-money laundering internal control system, and submitted to the people's Bank of China for the record.
    Nineth financial institutions should set up special anti-money-laundering body or specify its internal institutions responsible for combating money laundering, and equipped with the necessary administrative and technical staff.
    Financial institutions should be based on actual needs, in its branches to set up or designate a person responsible for anti-money laundering work of the specialized agencies, and in accordance with the management principles of subordinate branches of the implementation of this regulation and anti-money laundering internal control system to supervise and inspect the situation.
    The new financial institutions or financial institution branch should develop additional effective measures against money-laundering.
    Tenth financial institution customer registration system should be established to review the institutions handling deposits, settlements and other business customers in.
    Financial institutions shall not open anonymous accounts or accounts under a false name for the customer, or for customers with deposits of identity is not clear, and settlement services. 11th financial institution for individual customers to open deposit accounts, settlement, should be required to show identification, checking and registration name and number on their ID.
    Agents others open personal savings accounts in financial institutions, financial institutions should be required to produce identity documents of the principal and the agent, check and registration of the principal and the agent's name and number on the ID.
    To not show your ID card or not to use his name on my ID card, for which financial institutions shall not open a deposit account.
    12th financial institutions for institutional customers to open an account, deposit and settlement of the business shall, in accordance with relevant regulations of the people's Bank of China provided valid identification documents and information requested, checked and registered.
    Is not provided in accordance with the provisions of the valid documents and information, for which a financial institution shall not deposit and settlement business.
    13th financial institution to provide financial services, found large transactions, should be reported to the people's Bank of China or the State administration of foreign exchange in accordance with the relevant provisions.
    Large amount of money standard, in accordance with the regulations of the people's Bank of China and the State administration of foreign exchange-related transactions report.
    When the 14th financial institution to provide financial services, of suspicious transactions should be reported to the people's Bank of China or the State administration of foreign exchange.
    Reporting of suspicious transactions, in accordance with the regulations of the people's Bank of China and the State administration of foreign exchange-related transactions report.
    15th the branches of financial institutions should be large, suspicious financial transactions, in accordance with the procedure provided by the people's Bank of China and the State administration of foreign exchange related transactions report, submitted to the people's Bank of China or the State administration of foreign exchange of local branches, report to its parent unit.
    16th financial institution analysis of large-value and suspicious transactions should be reviewed, and found the suspect should be promptly reported to the local public security department.
    17th financial institution shall, in accordance with the following deadlines to save customer account information and transactions: (a) the account information for at least 5 years from the date of sale, (ii) transactions, transactions for at least 5 years from the date of accounting.
    Transactions referred to in the preceding paragraph includes the account holder, the account deposit or withdraw the amount, transaction time, money, origin and destination, withdrawal, etc.
    Account information and transactions, save in accordance with the relevant provisions of accounting archives management.
    18th financial institutions of people's Bank of China or the State administration of foreign exchange by the analysis of large-value and suspicious transaction reports, assumed the suspicion of a crime, shall, in accordance with the provisions of administrative law-enforcement organs transfer suspected criminal cases under the program will be transferred to judicial organs for the report data, and not to financial institution customers and others who leaked the contents of the report.
    19th people's Bank of China is responsible for directing and organizing financial institutions anti-money laundering training.
    Financial institutions should carry out their client's advocacy work against money-laundering and anti-money-laundering training for its staff, make it relevant anti-money-laundering laws, administrative rules and regulations stipulation, enhanced anti-money laundering capability. 20th article financial institutions violation this provides, has following behavior one of of, by people's Bank of China ordered deadline corrected, give warning; late not corrected of, can sentenced 30,000 yuan following fine; plot serious of, can canceled its directly is responsible for of senior management personnel of served qualification: (a) not according to provides established anti-money-laundering internal control system of; (ii) not according to provides established specialized or specified specialized is responsible for anti-money-laundering work of; (three) not according to provides requirements units customer provides effective proved file and information,
    Check and register (iv) failing to save the customer's account information and transactions, and (v) violate provisions of anti-money-laundering information to clients and other persons; (vi) failing to report large transactions or suspicious transactions.
    21st financial institutions handling foreign exchange businesses, bulk purchase, frequent purchase, access to large cash in foreign currency and other exceptions do not report in a timely manner, in accordance with the financial penalty provisions article 25th of punishment for illegal.
    22nd financial institution in the process of doing business, in violation of relevant laws and administrative regulations, engaged in unfair competition, damages of anti-money laundering obligations to fulfil in accordance with the relevant provisions of the financial penalty of illegal conduct, disciplinary action against the financial institution directly responsible personnel, if the circumstances are serious, cancel its qualifications for senior managers directly responsible. 23rd financial institution not to show your ID card or not to use my name on the ID to open accounts for individual customers, given by the people's Bank of China warned the financial institutions can be fined a maximum of between 5000 and 1000 Yuan.
    In serious cases, cancel the financial institution directly responsible for the qualification of senior management.
    24th the China Banking Association, the China financial association, as well as other financial self-discipline organization according to the provisions against money-laundering guidelines.
                                          25th article of the regulations come into force on March 1, 2003.