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People's Bank Of China On Amendments To The Financial Institutions Of Administrative Rules For The Reporting Of Large-Value And Suspicious Transactions Decided

Original Language Title: 中国人民银行关于修订《金融机构大额交易和可疑交易报告管理办法》的决定

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  According to the anti-money-laundering Act, the people's Republic of China people's Bank of China, the people's Republic of China anti-terrorism Act and other related laws, people's Bank of China on the financial administrative rules for the reporting of large-value and suspicious transactions (people's Bank of China (2006) 2nd release) was revised, adopted by December 9, 2016, at its 9th meeting, President, is published, as of July 1, 2017. Annex financial institutions transactions and administrative rules for the reporting of suspicious transactions Chapter I General provisions article in order to regulate financial institutions transactions and suspicious transaction reporting activities, according to the people's Republic of China

Country's anti-money laundering law, the people's Republic of China people's Bank of China, the people's Republic of China anti-terrorism Act and other relevant laws and regulations, these measures are formulated.

Article created by the present regulation is applicable in the territory of the people's Republic of China in accordance with the following financial institutions: (a) the policy banks, commercial banks, cooperative banks, rural credit cooperatives, rural banks.

(B) securities companies and futures companies, fund management companies.

(C) insurance companies and insurance asset management companies, insurance agencies, insurance brokerage firm.

(D) financial asset management companies, trust companies, finance companies, financial leasing companies, auto finance companies, consumer finance companies, money brokers, loan companies.

(E) the rules of the anti-money laundering obligations should be determined and announced other institutions engaged in financial business.

Third financial institutions shall carry out large transactions and suspicious transaction reporting obligations, China anti-money laundering monitoring and Analysis Center to submit reports on their large-value and suspicious transactions, accept supervision by the people's Bank of China and its branches, check.

Fourth financial institutions should, through its headquarters or headquarters designated a body, according to the rules of paths and the submission of large-value and suspicious transactions reports.

Chapter two large transactions reports fifth financial institution shall report the following transactions: (a) single or cumulative transactions on that day more than RMB 50,000 yuan (including 50,000 yuan), the equivalent in foreign currency over US $10,000 (US $10,000) cash deposit, cash withdrawal, cash exchange settlement and sales, cash, cash remittance, cash bill payments and other forms of cash receipts and payments.

(B) non-natural client bank accounts and other bank accounts on a single or cumulative trading more than 2 million Yuan (including 2 million yuan), foreign currency equivalents above $200,000 (200,000 dollars) money transfers.

(C) the natural client bank accounts and other bank accounts on a single or cumulative transactions more than 500,000 yuan (including 500,000 yuan), the equivalent in foreign currency over US $100,000 (US $100,000) amounts transferred in the territory.

(D) natural customer bank accounts and other bank accounts on a single or cumulative transactions more than 200,000 yuan (RMB 200,000), foreign currency equivalent of us $10,000 or more ($ 10,000) of cross-border money transfers. Accumulated transaction amounts in customer units, by unilateral accumulated revenues or expenditures of funds and report.

Except as otherwise provided in the rules of the.

People's Bank of China can be adjusted as required transactions specified in the first paragraph of this article reporting standards.

Sixth to qualify two more large transactions standard transactions, the financial institution shall submit transactions reports respectively.

  Article seventh large transactions to meet one of the following conditions, such as found no suspicious transactions or acts, financial institutions not to report: (a) after the expiration of term deposits, do not directly draw or transfer, but the principal or principal plus all or part of the deposit interest continued in the same financial institution to open an account of the same name in another.

  Demand deposits of principal or principal plus all or part of the interest to the same financial institutions opened another account of the same name within the deposit.

Term deposit principal or principal plus all or part of the interest to the same financial institutions opened another account of the same name in the current account.

(B) the natural person firm offers Forex trading transactions in the foreign currency exchange.

(C) the trading party as party organs at all levels, State organs, administrative organs, judicial organs, military organs, people's political consultative conference and the people's Liberation Army, the armed police force, but does not include its all types of enterprises.

(D) financial institutions lending, bond trading in the inter-bank bond market.

(E) the gold transactions conducted by financial institutions in gold trading.

(F) the redeployment of funds within financial institutions.

(G) loans from international financial organizations and foreign government loans under business transactions.

(H) loans from international financial organizations and foreign government debt swap transactions under the item.

(I) the policy banks, commercial banks, cooperative banks, rural credit cooperatives, rural banks to handle taxes, wrong account rushed forward and interest payments.

(10) other circumstances as determined by the people's Bank of China.

Article eighth financial institution shall, within 5 working days from the date of transactions electronically submitted transactions report.

Nineth of the following financial institutions and customers to conduct financial transactions through bank accounts and transfer funds from banking institutions to report large transactions in accordance with these rules: (a) securities companies and futures companies, fund management companies.

(B) insurance companies and insurance asset management companies, insurance agencies, insurance brokerage firm.

(C) financial asset management companies, trust companies, finance companies, financial leasing companies, auto finance companies, consumer finance companies, money brokers, loan companies.

Tenth customer by domestic financial institutions to open an account or bank card transactions that occurred in the territory, from open accounts with financial institutions or credit card issuing bank to report customers through an offshore bank card transactions that occurred, reported by the acquirers; customers without account or bank card transactions, financial institutions from handling business report.

  Chapter three suspicious transaction report 11th financial institution discovers or has reasonable grounds to suspect that the customer, the customer's funds or other assets, customer transactions or attempted transactions associated with money laundering, terrorist financing and other criminal activities, regardless of the amount of the funds or assets shall submit suspicious transaction reports. Article 12th financial institutions trade monitoring institutions should develop national standard, and be responsible for its effectiveness.

Transaction monitoring standards including but not limited to customer identities, behaviors, trading funds, amount, frequency, flow, and other unusual situations, and should refer to the following factors: (a) the people's Bank of China and its branches issued anti-money-laundering and anti-terrorist financing provisions and guidelines, risk, money laundering analysis report and risk assessment.

(B) issued by the public security authorities, judicial authorities crime situation analysis, risk tips, crime reports, and reports.

(C) the institutions asset size, geographical distribution, business, customers, trading characteristics, risk assessment of money laundering and terrorist financing.

(D) anti-money-laundering regulations issued by the people's Bank of China and its branches.

  (E) the rules of the other factors that require attention. 13th financial institution should evaluate transactions on a regular basis to monitor standards and based on the assessment results improve transaction monitoring standards.

  In case of emergencies or situations of concern, financial institutions should be assessed in a timely manner and improve transaction monitoring standards.

14th financial institution by transaction monitoring standards should be selected transactions analysis, recognition, and document analysis process; not as a suspicious transaction report, should document the justification analysis; identified as suspicious transactions shall be in grounds of suspicious transaction report complete records of customer identification characteristics, transaction or behavioral characteristics of the process.

15th financial institutions should, in accordance to the institutions internal operating rules to confirm the report of suspicious transactions as suspicious transactions, electronically submit suspicious transaction reports in a timely manner, not later than 5 business days.

16th both belong to large transactions and transactions belonging to the suspicious transaction, financial institutions shall submit large transaction reports and suspicious transaction reports, respectively.

Article 17th of suspicious transactions in accordance with one of the following circumstances, financial institutions shall submit to the China anti-money laundering monitoring and Analysis Center suspicious transaction reports at the same time, electronically or in writing to the local people's Bank of China report or its affiliates, and with the anti money-laundering investigation: (I) obvious suspected money laundering, terrorist financing and other criminal activities.

(B) serious harm to national security or social stability.

(Iii) other serious circumstances or emergency situations.

18th article financial institutions should on following terrorist activities organization and the terrorist activities personnel list carried out real-time monitoring, has reasonable reason suspected customer or its trading opponents, and funds or other assets and list related of, should in immediately to China anti-money-laundering monitoring analysis Center submitted suspicious trading report of while, to electronic form or written form to location people's Bank of China or its branch institutions report, and according to related competent sector of requirements law take measures.

(A) issued by the Chinese Government or require the implementation of terrorist organizations and terrorism list.

(B) the United Nations Security Council resolutions listed in the list of terrorist organizations and terrorist personnel.

(C) the people's Bank of China called attention to other list of organizations and persons suspected of terrorist activities.

Lists of terrorist organizations and terrorist personnel adjustment, financial institutions should immediately into a retrospective investigation, and according to the provisions of the preceding paragraph to submit suspicious transaction reports.

Laws, administrative regulations, regulations on the monitoring of the list otherwise provides, from its provisions.
Management measures within the fourth chapter article 19th financial institutions shall be formulated in accordance with the measures large and suspicious transaction reporting internal management systems and procedures, large-value and suspicious transactions to the Agency to report uniform requirements to the work, and large branches, subsidiary bodies and suspicious transaction reporting system for the supervision and management of the implementation.

Financial institution system of large-value and suspicious transactions should be reported to the people's Bank of China or the headquarters branch of the people's Bank of China reported.

20th anti-money laundering in financial institutions should establish a full-time job, full-time personnel in charge of large-value and suspicious transactions reporting, support and provide the necessary resources and information.

21st financial institutions should establish a sound monitoring system for large-value and suspicious transactions, customer-monitoring and analysis of the basic units to carry out financial transactions, full, complete and accurate acquisition and operational system of customer identity and transaction information, security monitoring and analysis of large-value and suspicious transactions of data requirements.

22nd financial institution shall, in accordance with the principle of complete accuracy, security and confidentiality of, large-value and suspicious transactions reports, reflecting the transaction analysis and internal processing logging information generated for at least 5 years from the date.

Save information related to being anti-money-laundering investigation of suspicious trading activity, 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.

23rd financial institution and its staff will be expected to perform transactions and suspicious transaction reporting obligations the customer identity and transaction information, monitoring, analysis, reporting of suspicious transactions in accordance with law-related information to be kept confidential, and shall not violate the provision to any entity or individual.

The fifth chapter legal liability article 24th in violation of these regulations by financial institutions, people's Bank of China or Center branch over branch offices in accordance with anti money-laundering law of the PRC article 31st, 32nd, penalty shall be imposed. Sixth chapter supplementary articles article 25th non-bank institutions, remittance and fund sales institutions to report large and suspicious transactions to apply this approach.

Bank card settlement institutions, capital clearing businesses, such as clearing institutions shall, in accordance with relevant regulations of the people's Bank of China to carry out transaction monitoring analysis and reporting.

Non-bank payment institutions mentioned in these measures refers to non-financial institutions under the payment services regulations (the rules of the order (2010) 2nd release) require the paying agent of the paid license.

Funds clearing in these measures, including urban commercial bank funds clearing, rural credit Bank funds clearing limited liability companies and the rules of the other capital clearing Center.

26th article this referred to non-natural persons, including legal persons, other organizations and individual businesses. 27th financial institution shall, in accordance with the annexed large transactions and suspicious transaction reporting requirements of element (element content see annex) make large transaction reports and suspicious transaction report electronic file.

Specific reporting format and requirements prescribed by the people's Bank of China.

28th China anti-money laundering monitoring and Analysis Center found financial institutions to report large transactions reports or elements of suspicious transaction reports are incomplete or there is an error, you can submit a report to the financial institution issue a correction notice, financial institutions shall, within 5 working days from the date of receiving the notification of the correction correction.

Article 29th of this approach by the people's Bank of China is responsible for the interpretation. 30th article of the rules take effect on July 1, 2017. People's Bank of China released on November 14, 2006, the financial institutions transactions and suspicious transaction reporting regulations (the rules of the order (2006) 2nd) and released on June 11, 2007, the management of financial institutions to report suspicious transactions involving terrorist financing measures (rules of order (2007) 1th) repealed simultaneously.

Large-value and suspicious transactions reports issued by the people's Bank of China had other provisions inconsistent with these measures, is subject to this approach.

Attached: financial institutions large trading and suspicious trading report elements content attached financial institutions large trading and suspicious trading report elements content large trading report elements content list part number field content first part: report institutions information 1 report institutions coding 2 dot code 3 financial institutions and customer of relationship second part: trading information 4 customer name/name 5 customer ID pieces/proved file type 6 customer ID pieces/proved file number 7 customer, 8 account type 9 account 10 bank card type 11 bank card number 12 customer career (on private) or industry (on public) 13 customer contact way 14 customer nationality 15 customer account time 16 large trading features code 17 agent people name 18 agent people ID pieces/proved file type 19 agent people ID pieces/proved file number 20 agent people nationality 21 trading time 22 trading occurred to 23 business identifies, 24 received payment party match, type 2 5 received payment party match, 26 trading way 27 foreign payments trading classification and code 28 funds received pay logo 29 funds uses 30 currency species 31 trading amount 32 other financial institutions dot name 33 other financial institutions dot code type 34 other financial institutions dot code 35 other financial institutions dot administrative divisions code 36 trading opponents name/name 37 trading opponents ID pieces/proved file type 38 trading opponents ID pieces/proved file number 39 Trading opponents account type 40 trading opponents account 41 non-counter trading way 42 non-counter trading way of equipment code 43 Bank and paid institutions Zhijian of business trading coding 44 trading information notes 1 45 trading information notes 2 banking financial institutions suspicious trading report elements content list part number field content first part: report institutions information 1 report institutions coding 2 dot code 3 financial institutions and customer of relationship second part: suspicious subject information 4 suspicious subject name/name 5 can Suspected subject identity documents/proved file type 6 suspicious subject identity documents/proved file number 7 customer, 8 suspicious subject career (on private) or industry (on public) 9 suspicious subject contact way 10 suspicious subject statutory representative people name 11 suspicious subject statutory representative people ID pieces type 12 suspicious subject statutory representative people ID pieces number 13 suspicious subject holding shareholders or actual control people name 14 suspicious subject holding shareholders or actual control people ID pieces/proved file type 15 Suspicious subject holding shareholders or actual control people ID pieces/proved file number 16 suspicious subject nationality third part: report basic information 17 report emergency degree 18 submitted times logo 19 submitted direction 20 suspicious trading report triggered points 21 funds trading and the customer behavior situation 22 doubts analysis 23 suspected involved crime type 24 suspicious trading features code IV part: trading information 25 customer name/name 26 customer ID pieces/proved file type 27 customer ID pieces/proved file, Code 28 account type 29 customer account time 30 customer pin households time 31 account 32 bank card type 33 bank card number 34 agent people name 35 agent people ID pieces/proved file type 36 agent people ID pieces/proved file number 37 agent people nationality 38 trading time 39 trading occurred to 40 business identifies, 41 received payment party match, type 42 received payment party match, 43 trading way 44 foreign payments trading Classification and code 45 funds received pay logo 46 sources and uses 47 currency species 48 trading amount 49 other financial institutions dot name 50 other financial institutions dot code type 51 other financial institutions dot code 52 other financial institutions dot administrative divisions code 53 trading opponents name/name 54 trading opponents ID pieces/proved file type 55 trading opponents ID pieces/proved file number 56 trading opponents account type 57 trading opponents account 58 non-Cabinet Taiwan trading way 59 non-counter trading way of equipment code 60 Bank and paid institutions Zhijian of business trading coding 61 trading information notes 1 62 trading information notes 2 securities futures industry financial institutions suspicious trading report elements content list part number field content first part: report institutions information 1 report institutions coding 2 dot code second part: suspicious subject information 3 suspicious subject name/name 4 suspicious subject identity documents/proved file type 5 suspicious subject identity documents/proved file number 6 suspicious

Subject Securities/Fund/Futures account 7 funds account number 8 settlement account number 9 settlement account account line name 10 account total assets 11 suspicious subject career (on private) or industry (on public) 12 suspicious subject contact way 13 suspicious subject statutory representative people name 14 suspicious subject statutory representative people ID pieces type 15 suspicious subject statutory representative people ID pieces number 16 suspicious subject holding shareholders or actual control people name 17 suspicious subject holding shareholders or actual control people ID pieces/proved file type 18 suspicious subject holding shareholders or actual control people ID pieces/proved file number 19 suspicious subject nationality 20 suspicious subject account time 21 suspicious subject pin households time third part: report basic information 22 report emergency degree 23 submitted times logo 24 submitted direction 25 suspicious trading report triggered points 26 funds trading and the customer behavior situation 27 doubts analysis 28 suspected involved crime type 29 suspicious trading features code IV part: trading information 30 customer name/name 3 1 customer ID pieces/proved file type 32 customer ID pieces/proved file number 33 trading time 34 business identifies, 35 non-counter trading way 36 non-counter trading way of equipment code 37 trading type 38 contract number 39 water, 40 trading varieties code 41 sold price 42 into make number 43 funds access direction 44 funds access way 45 currency species 46 trading amount 47 trading information notes 1 48 make Easy information notes 2 insurance financial institutions suspicious trading report elements content list part number field content first part: report institutions information 1 report institutions coding 2 dot code second part: suspicious subject information 3 suspicious subject name/name 4 suspicious subject identity documents/proved file type 5 suspicious subject documents number 6 suspicious subject career (on private) or industry (on public) 7 suspicious subject contact way 8 suspicious subject statutory representative people name 9 suspicious subject statutory representative people ID pieces type 10 suspicious subject
Legal representative ID number 11 suspicious main controlling shareholders or actual control name 12 suspicious main controlling shareholders or actual control of 13 suspected ID/document type main controlling shareholders or actual control of ID card/certificate number 14 suspicious subject nationalities part III: report 15/16 submitted to the number of report urgency flag 17 submitted 18 reports of suspicious transactions trigger points

19 funds trading and the customer behavior situation 20 doubts analysis 21 suspected involved crime type 22 suspicious trading features code IV part: trading information 23 insurance contract, 24 insurance type 25 insurance name 26 insurance during 27 policyholders name/name 28 policyholders ID pieces/proved file type 29 policyholders ID pieces/proved file number 30 policyholders type 31 was insurer name/name 32 was insurer ID pieces/proved file type 33 Insured ID/document number 34 35 beneficiaries of the insured and the insured's name/name 36 ID/document type 37 beneficiary identity document/certificate number 38 39 insured to the amount of insurance premium 40 41 42 insurance the contract fee for additional information 43 time 44 transactions happen currency types 46 47 45 transactions transaction amount 48 funds in and out of 49 funds Access way 50 funds account account line 51 bank transfers funds account 52 trading information notes 1 53 trading information notes 2 General suspicious trading report elements content list part number field content first part: report institutions information 1 report institutions coding 2 dot code 3 report institutions industry category second part: suspicious subject information 4 suspicious subject name/name 5 suspicious subject documents type 6 suspicious subject documents number 7 suspicious subject where bank account 8 suspicious subject where bank name

Said 9 suspicious subject career (on private) or industry (on public) 10 suspicious subject contact way 11 suspicious subject statutory representative people name 12 suspicious subject statutory representative people ID pieces type 13 suspicious subject statutory representative people ID pieces number 14 suspicious subject holding shareholders or actual control people name 15 suspicious subject holding shareholders or actual control people ID pieces/proved file type 16 suspicious subject holding shareholders or actual control people ID pieces/proved file number 17 suspicious subject nationality

Part III: report basic information 18 urgency 19 submitted the report submission number flag 20 21 triggered suspicious transaction reports for 22 financial transactions and customer behavior analysis 24 23 doubts suspected crimes involved suspicious transaction type 25 character code 26 suspicious transaction/event start date 27 suspicious transaction/event end date 28 information note 1 29 transactions information note 2