MEASURES FOR THE ADMINISTRATION ON FINANCIAL INSTITUTIONS’ REPORTS OF LARGE-SUM TRANSACTIONS AND DOUBTFUL TRANSACTIONS
Order of the People’s Bank of China
No. 2 The Measures for the Administration on Financial Institutions’ Reports of Large-sum Transactions and Doubtful Transactions, which November 14, 2006 Measures for the Administration on Financial Institutions’ Reports of Large-sum Transactions and Doubtful Transactions Article 1 For the purpose of preventing money-laundering through financial institutions and regulating the reporting acts of financial institutions Article 2 These Measures shall be applicable to the following financial institutions set up within the territory of the People’s Republic of (1) commercial banks, urban credit cooperatives, rural credit cooperatives, postal savings institutions, policy banks; (2) securities companies, futures brokerage companies, fund management companies; (3) insurance companies, insurance asset management companies; (4) trust & investment companies, financial asset management companies, finance companies, financial leasing companies, auto financing (5) other financial institutions determined and announced by the People’s Bank of China. The institutions undertaking foreign exchange, payment and settlement businesses and sale of funds shall be subject to the present Article 3 The People’s Bank of China and its branch institutions shall supervise and inspect the financial institutions’ report of large-sum Article 4 The People’s Bank of China shall set up China Anti-money Laundering Monitoring and Analyzing Center (hereinafter referred to as CALMAC), Where the CALMAC finds that the basic content of a financial institution’s report of large-sum transaction or doubtful transaction Article 5 Financial institutions shall establish special anti-money laundering posts and designate special staff members to be responsible Financial institution shall, according to the present Measures, work out internal management rules and operating procedures for the Financial institutions shall supervise and administer the implementation of the reporting system on large-sum transactions and doubtful Article 6 Financial institutions and their staff members shall keep confidential the information on the report of doubtful transactions, and Article 7 Financial institutions shall, within 5 working days as of the occurrence of a large-sum transaction, timely send to the CALMAC an As for a large-sum transaction conducted through a client’s account or bank card opened in or issued by a financial institution within Article 8 Financial institutions shall submit any doubtful transaction to their headquarters, which or whose designated institutions shall Article 9 Financial institutions shall report the following large-sum transactions to the CALMAC, (1) Cash deposit, cash drawing, foreign exchange settlement or sale in cash, banknote exchange, cash remittance, payment of cash bills (2) Funds transfer between the bank account of a legal person, any other organization and individual commercial household with a single (3) Funds transfer between the bank accounts of natural persons, or between the bank account of natural person and the bank account of (4) Transnational transaction with a single transaction or an accumulative total on the current day up to the equivalent value of USD The accumulative amount of transactions shall be calculated for each client, of which the receipts and payments of money shall be As for financial transactions between a client and a securities company, futures brokerage company, fund management company, insurance If necessary, the People’s Bank of China may adjust the criterion on large-sum transaction as prescribed in Paragraph 1. Article 10 As for a large-sum transaction under any of the following circumstances, the financial institution may not make a report if it does (1) After a time deposit is due, it is not directly drawn or transferred, but the principal or the principal plus all or part of the interests The principal or the principal plus all or part of the interests thereof of a demand deposit is changed into a time deposit in a different The principal or the principal plus all or part of the interests thereof of a time deposit is changed into a demand deposit in a different (2) The conversion between different foreign currencies during the course of a firm foreign exchange transaction of a natural person; (3) Any large-sum transaction, to which any of the Party organs at various levels, organs of state power, administrative organs, judicial (4) Loans among the financial institutions or bond transactions conducted in the inter-bank bond market; (5) Gold transactions conducted by a financial institution in a Gold Exchange; (6) Funds appropriation within a financial institution; (7) Transactions under the on-lending business of a loan granted by an international financial organization or by a foreign government; (8) Debt swap transactions under a loan granted by an international financial organization or by a foreign government; (9) Tax collection, correction of wrong accounts or payment of interests initiated by commercial banks, urban credit cooperatives, rural (10) Other circumstances as determined by the People’s Bank of China. Article 11 Commercial banks, urban credit cooperatives, rural credit cooperatives, postal savings institutions, policy banks or trust & (1) The dispersive inward transfer and concentrative outward transfer, or the concentrative inward transfer and dispersive outward transfer (2) Frequent receipts and payments of funds between the same recipient and payer within a short term, with the transaction amounts adjacent (3) Frequent receipts of remittances within a short term that are obviously irrelevant to the business of a legal person, organization (4) Any account unused for a long time is unexpectedly used for unclear reasons, or any account, in which the flow of funds is small usually, (5) Obvious increase of capital transfers with the clients in areas with serious drug trafficking, smuggling, terrorist activities, gambling (6) Frequent opening and cancellation of accounts without any normal reason, with a large number of fund receipts and payments occurring (7) Repayment of any loan ahead of schedule, which is obviously inconsistent with the client’s finance status. (8) The large amount of RMB funds of a client for the purchase of foreign currencies for making investment abroad is cashed or transferred (9) A client requests for a swap business between the home currency and a foreign currency, but the source and purpose of its funds are (10) A client frequently deposits traveler’s checks opened abroad or drafts in a foreign-currency, which is inconsistent with its business (11) After a foreign-funded enterprise makes investment in the form of foreign currency cash or receives the investment fund, it transfers (12) The amount of capital contribution made by the foreign party of any foreign-funded enterprise, which exceeds the approved amount or (13) A securities operation institution dictates a bank to transfer out any fund irrelevant to the transaction or settlement of securities, (14) A securities operation institution frequently borrows abundant foreign exchange funds through a bank. (15) An insurance institution frequently makes compensations or refunds insurance premiums to a same insurant through a bank. (16) A natural person frequently conducts cash receipts and payments in a bank account, which is doubtful, or deposits or draws lump-sum (17) After a resident natural person frequently receives any foreign exchange remittance from abroad, he requires the bank to issue traveler’s (18) Several domestic residents receive the remittances from a same off-shore account and the transfer of funds and settlement of foreign Article 12 Securities companies, futures brokerage companies or fund management companies shall report any of the following transactions or (1) Cash receipts and payments with the transaction amounts adjacent to large-sum criterions without any clear reason frequently occurring (2) Any client, who has no transaction or has a small volume of transaction, requests for transferring a large sum of funds into the account (3) The securities account of a client is left unused for a long time, but there occur frequent receipts and payments of funds in capital (4) An account left unused for a long time is unexpectedly used for unclear reasons and there occur a large number of securities transactions (5) Having business connections with any country or region with high risk of money laundering. (6) After an account is opened, there are a large number of purchases and sales of securities and then the account is canceled rapidly. (7) A client conducts no or few futures transactions for a long time, but there occur a large number of receipts and payments of funds (8) A client conducts no futures transaction for a long time, but unexpectedly and frequently carries through futures transactions of (9) A client frequently draws money by using a same type of futures contracts as subject matters, opening its position at a price and (10) When any client, as the seller of a futures transaction, delivers any imported goods, it fails to provide a complete set of customs (11) A client requests for transferring its fund shares to any other person for any reason rather than transaction but can not provide (12) A client frequently transacts the depository trust of its fund shares without any justifiable reason. (13) A client requests for changing its information materials, but the relevant documents and materials it provided are doubtful to be Article 13 Insurance companies shall report any of the following transactions or activities as a doubtful transaction, (1) Dispersive purchase of insurances and concentrative withdrawal of insurances or concentrative purchase of insurances and dispersive (2) Frequent purchase or withdrawal of insurances, or frequent alteration of insurance type or amount. (3) Paying abnormal attention to the provisions on the audit, insurance underwriting, claim settlement, payment and withdrawal of insurance (4) The loss of a large-sum invoice is declared when insurance is withdrawn within the hesitation period, or a same insurant withdraws (5) It is found that the names, addresses, contact ways or financial status of the insurant, the insured or beneficiary are not genuine. (6) Any insurance product does not conform to the requirements as expressed, but the policy-holder still insists on purchasing it after (7) The purchase of any large-sum insurance on a lump-sum payment basis is inconsistent with the economic status of the insurant. (8) Any large-sum guarantee slip is withdrawn within the hesitation period, or any insurance is withdrawn or the cash value is drawn within (9) A insurant does not care the relatively large monetary loss that may be brought about by withdrawing the insurance instead of withdrawing (10) Making a payment obviously in excess of the premiums payable in the current period and immediately requesting for refund of the excessive (11) An insurance broker pays any insurance premium on behalf of others but can not account for the source of fund. (12) A legal person or any other organization insists on any premium refund in cash or transferring any premium refund into a non-premium (13) A legal person or any other organization makes a down payment of insurance premium or makes a lump-sum insurance premium from the (14) Making payments for the insurance premium of any natural person through a third party, but failing to make any reasonable explanation (15) Having business connections with any country or region with high risk of money laundering. (16) Without any justifiable reason, the insurant persists in the purchase of insurance, compensation, payment of insurance money, refund (17) When an insurance company pays compensation or insurance money, the client requests for remitting the money to a third party other Article 14 Besides the circumstances as prescribed in Articles 11 to 13 of the present Measures, if a financial institution or any of its staff Article 15 Financial institutions shall analyze and identify all transactions involved in doubtful transaction reports that are submitted to Article 16 As for a transaction falling into both the category of large-sum transactions and the category of doubtful transactions, the financial Where a transaction simultaneously satisfies two or more criterions for large-sum transactions, the financial institution shall submit Article 17 Financial institutions shall, in light of the basic requirements for the essentials of reports of large-sum transactions and doubtful Article 18 Where a financial institution violates the present Measures, the People’s Bank of China shall punish it according to Articles 31 (1) charging the financial institution to stop business operation for rectification, or to revoke its business license; (2) disqualifying the directly liable directors, senior managers and other directly liable persons from assuming their respective positions, (3) charging the financial institutions to give disciplinary sanctions to the directly liable directors, senior managers and other directly Where a sub-branch of a county (prefecture) of the People’s Bank of China finds any financial institution which violates the present Article 19 Where the People’s Bank of China or any of its branch institutions or sub-branches at the prefecture level or above, is to give an Article 20 The following terms as mentioned in the present Measures shall refer to: The term”short term” refers to a period of 10 working days or less. The term “Long term” refers to a period of 1 year or more. The term “a large number of” means that the amount of a single transaction or the accumulative amount of transactions is less than The term “frequent” means that 3 or more transactions are conducted on a single business day or a transaction is conducted each day Article 21 The present Measures shall come into force as of March 1, 2007. The Measures for the Administration on Reporting Large and Doubtful Appendix: Basic Contents of Financial Institutions’ Reports of Large-sum Transactions and Doubtful Transactions (Omitted) |
The People’s Bank of China
2006-11-14