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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
was instituted by the People’s Bank of China according to the provisions of the Anti-money Laundering Law of the People’s Republic
of China, the Law of the People’s Republic of China and other laws , and was adopted at the 25th executive meeting the president
of the People’s Bank of China on November 6, 2006, is hereby promulgated and shall come into force as of March 1, 2007.
President of the People’s Bank of China, Zhou Xiaochuan

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
of large-sum transactions and doubtful transactions, the present Measures are instituted according to the Anti-money Laundering Law
of the People’s Republic of China, the Law of the People’s Republic of China and other laws and administrative regulations.

Article 2

These Measures shall be applicable to the following financial institutions set up within the territory of the People’s Republic of
China under law,

(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
companies, currency brokerage companies; and

(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
Provisions in respect of the anti-money laundering supervision and administration through financial institutions.

Article 3

The People’s Bank of China and its branch institutions shall supervise and inspect the financial institutions’ report of large-sum
transactions and doubtful transactions.

Article 4

The People’s Bank of China shall set up China Anti-money Laundering Monitoring and Analyzing Center (hereinafter referred to as CALMAC),
which shall be responsible for receiving reports of large-sum transactions and doubtful transactions in RMB and in foreign currencies.

Where the CALMAC finds that the basic content of a financial institution’s report of large-sum transaction or doubtful transaction
is not complete or there is any error in the report, it may issue to the reporting financial institution a notice on supplement or
correction. The financial institution shall make supplement or correction within 5 working days as of the receipt of the notice on
supplement or correction.

Article 5

Financial institutions shall establish special anti-money laundering posts and designate special staff members to be responsible
for reporting large-sum transactions and doubtful transactions.

Financial institution shall, according to the present Measures, work out internal management rules and operating procedures for the
report of large-sum transactions and doubtful transactions, and submit them to the People’s Bank of China for archival purposes.

Financial institutions shall supervise and administer the implementation of the reporting system on large-sum transactions and doubtful
transactions of its underling branches.

Article 6

Financial institutions and their staff members shall keep confidential the information on the report of doubtful transactions, and
may not violate the relevant provisions to provide such information to any entity or individual.

Article 7

Financial institutions shall, within 5 working days as of the occurrence of a large-sum transaction, timely send to the CALMAC an
electronic report on the large-sum transaction via their headquarters or via an institution designated by their headquarters. If
they has no headquarters, or if it is unable to send the report of large-sum transaction to the CALMAC via their headquarters or
via the institution designated by their headquarters, its way of reporting may be determined by the People’s Bank of China separately.

As for a large-sum transaction conducted through a client’s account or bank card opened in or issued by a financial institution within
China, the account opening or card issuing financial institution shall submit a report. As for a large-sum transaction conducted
through an overseas bank card, the receiving bank shall submit a report. As for a large-sum transaction that is not conducted through
a client’s account or bank card, the financial institution that which has handled the business shall submit a report.

Article 8

Financial institutions shall submit any doubtful transaction to their headquarters, which or whose designated institutions shall
send an electronic report to the CALMAC within 10 working days as of the occurrence of the foresaid doubtful transaction. If a financial
institution has no headquarters, or is unable to send the report of the doubtful transaction to the CALMAC via its headquarters or
via the institution designated by its headquarters, the way of report may be determined by the People’s Bank of China separately.

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
and other cash incomes and expenses in other forms with a single transaction or the total of RMB transaction (s) or foreign currency
transaction(s) on the current day up to RMB 200, 000 Yuan or more, or the equivalent value of USD 10, 000 or more;

(2)

Funds transfer between the bank account of a legal person, any other organization and individual commercial household with a single
transfer or an accumulative total on the current day up to RMB 2 million Yuan or more, or the equivalent value of USD 200, 000 or
more

(3)

Funds transfer between the bank accounts of natural persons, or between the bank account of natural person and the bank account of
a legal person, any other organization or individual commercial household with a single transfer or a accumulative total on the current
day up to RMB 500, 000 Yuan or more, or the equivalent value of USD 100, 000 or more;

(4)

Transnational transaction with a single transaction or an accumulative total on the current day up to the equivalent value of USD
10, 000 or more, to which one of the parties concerned is a natural person.

The accumulative amount of transactions shall be calculated for each client, of which the receipts and payments of money shall be
calculated accumulatively unilaterally and be reported, unless it is otherwise provided for by the People’s Bank of China.

As for financial transactions between a client and a securities company, futures brokerage company, fund management company, insurance
company, insurance asset management company, trust & investment company, financial asset management company, finance company,
auto financing company or currency brokerage company, if the money is transferred between the bank accounts, the commercial banks,
urban credit cooperatives, rural credit cooperatives, postal savings institutions or policy banks shall, in light of Items (1) through
(4) of Paragraph 1, submit to the CALMAC reports of large-sum transaction.

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
not find anything doubtful:

(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
thereof is deposited in a different account set up with the same account name in the same financial institution.

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
account opened with the same account name in the same financial institution.

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
account opened with the same account name in the same financial institution.

(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
organs and military organs, organs of Chinese People’s Political Consultative Conference, the National Committee of the CPPCC or
CPPCC local committees, excluding any enterprise or institution subordinate to any of them, is one party of the transaction.

(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
credit cooperatives, postal savings institutions or policy banks; and

(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 &
investment companies shall report any of the following transactions or activities as a doubtful transaction,

(1)

The dispersive inward transfer and concentrative outward transfer, or the concentrative inward transfer and dispersive outward transfer
of funds within a short term, which is obviously inconsistent with the identity, finance status or business of the client;

(2)

Frequent receipts and payments of funds between the same recipient and payer within a short term, with the transaction amounts adjacent
to the large-sum criterions;

(3)

Frequent receipts of remittances within a short term that are obviously irrelevant to the business of a legal person, organization
or individual industrial and commercial household, or a natural-person client’s frequent receipt of remittances from a legal person
or an organization within a short term.

(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,
suddenly has abnormal funds flowing into, and there are a large number of fund receipts and payments within a short term.

(5)

Obvious increase of capital transfers with the clients in areas with serious drug trafficking, smuggling, terrorist activities, gambling
or in off-shore financial centers for tax avoidance, accompanied by frequent fund payments within a short term.

(6)

Frequent opening and cancellation of accounts without any normal reason, with a large number of fund receipts and payments occurring
before the cancellation of accounts.

(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
from any bank account with a different name;

(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
doubtful.

(10)

A client frequently deposits traveler’s checks opened abroad or drafts in a foreign-currency, which is inconsistent with its business
operation status.

(11)

After a foreign-funded enterprise makes investment in the form of foreign currency cash or receives the investment fund, it transfers
the fund abroad rapidly, which is inconsistent with the payment requirements for its production and business operation.

(12)

The amount of capital contribution made by the foreign party of any foreign-funded enterprise, which exceeds the approved amount or
direct foreign debt, is remitted from a third country in which it has no connected enterprise.

(13)

A securities operation institution dictates a bank to transfer out any fund irrelevant to the transaction or settlement of securities,
which is inconsistent with its actual business operation status.

(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
cash in one time, which is doubtful.

(17)

After a resident natural person frequently receives any foreign exchange remittance from abroad, he requires the bank to issue traveler’s
checks or drafts; or non-resident natural person frequently deposits any foreign currency cash and requires the bank to issue traveler’s
checks or drafts so as to carry it abroad or frequently orders or cashes large quantities of traveler’s checks or drafts.

(18)

Several domestic residents receive the remittances from a same off-shore account and the transfer of funds and settlement of foreign
exchange are operated by one person or few persons.

Article 12

Securities companies, futures brokerage companies or fund management companies shall report any of the following transactions or
activities as a doubtful transaction:

(1)

Cash receipts and payments with the transaction amounts adjacent to large-sum criterions without any clear reason frequently occurring
in a client’s funds account within a short term, which obviously avoid the monitoring of large-sum transactions in cash.

(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
of others without any obvious transaction aim or purpose.

(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
account of the client.

(4)

An account left unused for a long time is unexpectedly used for unclear reasons and there occur a large number of securities transactions
within a short term.

(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
in its (his) fund account.

(8)

A client conducts no futures transaction for a long time, but unexpectedly and frequently carries through futures transactions of
huge amount for unclear reasons within a short term.

(9)

A client frequently draws money by using a same type of futures contracts as subject matters, opening its position at a price and
simultaneously opening a reverse position of the identical number or almost the same number at a similar price, then closing the
position.

(10)

When any client, as the seller of a futures transaction, delivers any imported goods, it fails to provide a complete set of customs
declaration documents, tax payment vouchers, or it provides any counterfeit or altered customs declaration document or tax payment
voucher.

(11)

A client requests for transferring its fund shares to any other person for any reason rather than transaction but can not provide
any lawful certification document.

(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
counterfeited or altered.

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
withdrawal of insurances without any reasonable explanation.

(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
of insurance companies instead of to the guarantee functions and investment returns of the insurance products.

(4)

The loss of a large-sum invoice is declared when insurance is withdrawn within the hesitation period, or a same insurant withdraws
several insurances within a short term and the total amount on the invoices lost reaches a large-sum criterion.

(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
an explanation is made by the financial institution and its staff members.

(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
a short term after the date of the effectiveness of the insurance contract, and the premium refund is transferred upon direction
into the account of a third party or into a non-premium payment account.

(9)

A insurant does not care the relatively large monetary loss that may be brought about by withdrawing the insurance instead of withdrawing
the insurance, and fails to make reasonable explanations for the withdrawal of insurance.

(10)

Making a payment obviously in excess of the premiums payable in the current period and immediately requesting for refund of the excessive
part.

(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
payment account, and fails to make any reasonable explanation.

(13)

A legal person or any other organization makes a down payment of insurance premium or makes a lump-sum insurance premium from the
account of others or from an overseas bank account.

(14)

Making payments for the insurance premium of any natural person through a third party, but failing to make any reasonable explanation
on the relationship between the third party and the insurant as well as the relationship between the insured and the beneficiary.

(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
of insurance premium or cash surrender value or payment of any other large sum of money in cash.

(17)

When an insurance company pays compensation or insurance money, the client requests for remitting the money to a third party other
than the insured or the beneficiary; or the client requests for remitting any insurance premium refunded or cash surrender value
to any person other than the insurant.

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
members finds that the amount, frequency, direction or nature of any other transaction is abnormal and considers that the transaction
is suspected of being involved in money laundering upon analysis, it shall submit to the CALMAC a report of doubtful transaction.

Article 15

Financial institutions shall analyze and identify all transactions involved in doubtful transaction reports that are submitted to
the CALMAC according to the present Measures. If it has rational reasons to consider that any of the aforesaid transactions or any
client is related to money laundering, terrorist activity or any other illegal activity or crime, it shall simultaneously report
to the local branch institution of the People’s Bank of China and assist the People’s Bank of China in the administrative investigation
work of anti-money laundering.

Article 16

As for a transaction falling into both the category of large-sum transactions and the category of doubtful transactions, the financial
institution shall respectively submit a report of large-sum transaction and a report of doubtful transaction.

Where a transaction simultaneously satisfies two or more criterions for large-sum transactions, the financial institution shall submit
different reports of large-sum transaction.

Article 17

Financial institutions shall, in light of the basic requirements for the essentials of reports of large-sum transactions and doubtful
transactions which is attached to the present Measures (for details of the basic contents, please see the Appendix) provide genuine,
complete and accurate transaction information and make electronic documents on reports of large-sum transactions and reports of doubtful
transactions. The concrete formats of the reports and filling requirements shall be separately instituted by the People’s Bank of
China.

Article 18

Where a financial institution violates the present Measures, the People’s Bank of China shall punish it according to Articles 31
and 32 of the Anti-money Laundering Law of the People’s Republic of China, and shall, in light of the actual circumstance, suggest
that the CBRC, CSRC or CIRC take the following measures:

(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,
or prohibiting them from working in the financial sector.

(3)

charging the financial institutions to give disciplinary sanctions to the directly liable directors, senior managers and other directly
liable persons.

Where a sub-branch of a county (prefecture) of the People’s Bank of China finds any financial institution which violates the present
Measures, it shall report it to the branch institution of the People’s Bank of China at the next higher level, which shall punish
the violator or advance suggestions according to the preceding Paragraph.

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
administrative punishment to a financial institution which violates the present Provisions, it shall accord with the Procedural Provisions
of the People’s Bank of China on Administrative Punishments.

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
but adjacent to the criterions for large-sum transactions.

The term “frequent” means that 3 or more transactions are conducted on a single business day or a transaction is conducted each day
but lasts for 3 business days or more.

Article 21

The present Measures shall come into force as of March 1, 2007. The Measures for the Administration on Reporting Large and Doubtful
Payment Transactions in Renminbi (Order [2003] No. 2 of the People’s Bank of China) and the Measures for the Administration on Reports
of Financial Institutions concerning Large-Sum and Doubtful Foreign Exchange Transactions (Order [2003] No. 3 of the People’s Bank
of China), which were promulgated by the People’s Bank of China on January 3, 2003, shall be nullified simultaneously.

Appendix: Basic Contents of Financial Institutions’ Reports of Large-sum Transactions and Doubtful Transactions (Omitted)



 
The People’s Bank of China
2006-11-14

 







PROVISIONS ON ANTI-MONEY LAUNDERING THROUGH FINANCIAL INSTITUTIONS

Order of the People’s Bank of China

No. 1

The Provisions on Anti-money Laundering through Financial Institutions, which was instituted by the People’s Bank of China under the
Anti-money Laundering Law of the Peoples’ Bank of China, Law of the People’s Republic of China on the People’s Bank of China and
other laws, has been adopted at the 25th executive meeting of the president of the People’s Bank of China on November 6, 2006, are
hereby promulgated and shall go into effect as of January 1, 2007.
Present of the People’s Bank of China, Zhou Xiaochuan

November 14, 2006

Provisions on Anti-money Laundering through Financial Institutions

Article 1

With a view to preventing money laundering activities, regulating anti-money laundering supervision and administration acts and anti-money
laundering work of financial institutions, and maintaining the financial order, the present Provisions are formulated according to
the Anti-money Laundering Law of the People’s Republic of China, Law of the People’s Republic of China on the People’s Bank of China
and other relevant laws and administrative regulations.

Article 2

The present Provisions shall be applicable to the following financial institutions established within the territory of the People’s
Republic of China according to law,

(1)

commercial banks, urban credit cooperatives, rural credit cooperatives, postal savings agencies, policy banks;

(2)

securities companies, futures brokerage companies, fund management companies;

(3)

insurance companies, insurance asset management companies;

(4)

affiance investment companies, financial asset management companies, finance companies, financial leasing companies, auto financing
companies, currency brokerage companies; and

(5)

other financial institutions determined and announced by the People’s Bank of China.

The present Provisions regarding the anti-money laundering supervision and administration through financial institutions shall be
applied to institutions undertaking foreign exchange, payment and settlement businesses and sale of funds.

Article 3

The People’s Bank of China shall be the administrative department for anti-money laundering of the State Council, which shall supervise
and administer the anti-money laundering work of financial institutions under law. China Banking Regulatory Commission (hereafter
referred to as CBRC), China Securities Regulatory Commission (hereafter referred to as CSRC) and China Insurance Regulatory Commission
(hereafter referred to as CIRC) shall, in light of their respective functions, exercise their duties of anti-money laundering supervision
and administration.

During the process of performing its functions of anti-money laundering, the People’s Bank of China shall cooperate with the relevant
departments, institutions, judicial organs of the State Council.

Article 4

The People’s Bank of China shall, in pursuance of the authorization of the State Council, develop international cooperation in respect
of anti-money laundering on behalf of the Chinese Government. The People’s Bank of China may establish cooperation mechanism with
anti-money laundering institutions of other countries or regions and carry out transnational anti-money laundering supervision and
administration.

Article 5

The People’s Bank of China shall fulfill the following functions of anti-money laundering supervision and administration,

(1)

instituting regulations on anti-money laundering through financial institutions solely or jointly with the CBRC, CSRC and CIRC;

(2)

taking charge of monitoring on anti-money laundering of funds in RMB and in foreign currencies;

(3)

supervising and inspecting the performance of anti-money laundering obligations by financial institutions;

(4)

investigating the doubtful transactions within its scope of functions;

(5)

making report to the investigation organ on any transaction involved in any anti-money laundering crime;

(6)

exchanging the relevant anti-money laundering information and materials with overseas anti-money laundering institutions according
to relevant laws and administrative regulations; and

(7)

other functions as prescribed by the State Council.

Article 6

The People’s Bank of China shall establish China Anti-money Laundering Monitoring and Analyzing Center, which shall exercise the
following functions under law:

(1)

accepting and analyzing reports on large-sum transactions in RMB or in foreign currencies, and reports on doubtful transactions;

(2)

establishing a national anti-money laundering database to properly preserve the information on large-sum transactions and doubtful
transactions as reported by financial institutions;

(3)

making reports on the analysis results to the People’s Bank of China according to the relevant provisions;

(4)

requiring financial institutions to timely supplement and correct the reports on large-sum transactions in RMB or in foreign currencies
as well as on doubtful transactions;

(5)

exchanging information and materials with relevant overseas institutions upon approval of the People’s Bank of China; and

(6)

other functions as prescribed by the People’s Bank of China.

Article 7

The People’s Bank of China and its functionaries shall keep confidential of the information that they have obtained during the process
of fulfilling the anti-money functions, and may not provide the said information externally in violation of provisions.

China Anti-money Laundering Monitoring and Analyzing Center and its functionaries shall keep confidential the clients’ identity materials
and information on large-sum transactions and doubtful transactions, which have been obtained during the process of fulfilling their
anti-money laundering functions, and may not provide the aforesaid materials or information to any entity or individual unless it
(he) is required to do so by law.

Article 8

Financial institutions or its branch institutions shall establish a sound internal control system of anti-money laundering under
law, establish a special anti-money laundering department or designate an internal department to be responsible for the anti-money
laundering work, formulate internal operating procedures and control measures for anti-money laundering and conduct training on the
staff members in anti-money laundering so as to enhance the anti-money laundering capability.

The person-in-charge of a financial institution or its branch shall be responsible for the effective implementation of the internal
control rules of anti-money laundering.

Article 9

Financial institutions shall establish and implement client ID identifying system according to relevant provisions.

(1)

Identifying the ID of any client who requires to establish the business relationship or transacts an one-off financial business above
the prescribed amount, requiring the client to show its (his) genuine and valid identity certificate or any other identity certification
document, checking against and registering it, and timely updating the client’s ID information if it is changed;

(2)

realizing the purpose and nature of the transaction of the client and effectively identify the beneficiary of the transaction;

(3)

re-identifying the ID of the client if it finds any evidence of abnormity or if it has any doubt about the genuineness, validity and
completeness of the client’s identity materials it has obtained; and

(4)

guaranteeing that any overseas financial institution, with which it has an agency relationship or similar relationship, can effectively
identify the ID of clients and may obtain the clients’ identity information from the said overseas financial institution.

The concrete implementation measures as prescribed in the preceding paragraph shall be formulated by the People’s Bank of China in
conjunction with the CBRC, CSRC and CIRC.

Article 10

Financial institutions shall, within the prescribed time limit, properly preserve the clients’ identity materials, as well as the
relevant materials which can reflect each transaction, such as the data, business vouchers, account books and etc.

The concrete implementation measures as prescribed in the preceding paragraph shall be jointly formulated by the People’s Bank of
China and the CBRC, CSRC and CIRC.

Article 11

Financial institutions shall make reports to China Anti-money Laundering Monitoring and Analyzing Center on any large-sum transaction
in RMB or in a foreign currency or on any doubtful transaction.

The concrete implementation measures as mentioned in the preceding Paragraph shall be formulated by the People’s Bank of China separately.

Article 12

The People’s Bank of China shall, jointly with the CBRC, CSRC and CIRC, direct the self-disciplinary organization of the financial
sector to formulate guidelines on the anti-money laundering work.

Article 13

Where any financial institution finds any suspected crime during the process of fulfilling the anti-money laundering obligations
, it shall timely report it to the local branch of the People’s Bank of China and to the local public security organ.

Article 14

Financial institutions and their staff members shall assist the judicial organ and administrative law enforcement organ to crack
the money laundering activities.

Overseas branch institutions of financial institutions shall keep to the anti-money laundering provisions of the countries or regions
where they are located and cooperate with the anti-money laundering institutions of the countries or regions.

Article 15

Financial institutions and their staff members shall keep confidential the clients’ ID materials and transaction information that
they have access to during the process of fulfilling the anti-money laundering obligations, and may not provide any material or transaction
information any entity or individual unless it is provided for in any law.

Financial institutions and their staff members shall keep confidential the anti-money laundering information on reporting doubtful
transactions and assisting the People’s Bank of China to investigate doubtful transactions, and may not violate the provisions to
provide such information to its clients or any other person.

Article 16

A financial institution or any of its staff members, who makes any report of large-sum transaction or doubtful transaction, shall
be protected by law.

Article 17

Financial institutions shall, in accordance with the provisions of the People’s Bank of China, submit the anti-money laundering statistical
statements, information materials as well as the anti-money laundering contents in the audit reports.

Article 18

The People’s Bank of China and its branch institutions may, in light of the demands for fulfilling the anti-money laundering functions,
take the following measures to carry through on-the-spot anti-money laundering inspections:

(1)

to carry through the inspection by entering into a financial institution;

(2)

to inquire the staff members of a financial institution about the relevant information and require them to make explanations on the
inspection items;

(3)

to consult and copy the documents and materials related to inspection items of a financial institution, and seal up and preserve the
documents and materials that are likely to be moved away, destroyed, concealed or altered; and

(4)

to check the system by which a financial institution mange the business data through computer.

The People’s Bank of China or any of its branch institutions shall, before conducting an inspection on the spot, fill out an examination
and approval form for on-the-spot inspection, which shall state the inspection object, contents, time arrangement, etc. and which
may not be implemented until it is approved by the person-in-charge of the People’s Bank of China or of its branch.

To conduct an on-the-spot inspection, there shall be not less than 2 inspectors, who shall show their law enforcement certificates
and inspection notices. In case the number of inspectors is less than 2, or the inspectors fail to show their law enforcement certificates
or inspection notice, the financial institution shall be enpost_titled to reject the inspection.

The People’s Bank of China or its branch shall, after an on-the-spot inspection, make a written document of opinions on the on-the-spot
inspection, affix its seal to it and serve it on the institution inspected. The inspection information, evaluation, improvement suggestions
and measures shall be included therein.

Article 19

The People’s Bank of China or any of its branch institutions may, in light of the demands for performing the anti-money laundering
functions, make conversations with the directors and senior managers of the financial institution and require them to make explanations
on the important items in respect of the financial institution’s fulfilling the anti-money laundering obligation.

Article 20

After the People’s Bank of China conducts an on-the-spot inspection over a financial institution, it may, where it is necessary,
notify the CBRC, CSRC and CIRC of the inspection result.

Article 21

Where the People’s Bank of China or any of its branch institutions at the provincial level finds any doubtful transaction and needs
to investigate and verify it, it may consult the client’s account, transaction records and other relevant materials on financial
institution. The financial institution and its staff members shall be cooperative.

The term ￿￿the People’s Bank of China or its branch institutions at the provincial level￿￿ includes the headquarters of the People’s
Bank of China, Shanghai Headquarter of the People’s Bank of China, the branches, business departments, central sub-branches in provincial
capitals and central sub-branches in deputy-provincial cities.

Article 22

When the People’s Bank of China or any of its branch institutions at the provincial level investigates any doubtful transaction,
it may inquire the staff members of the financial institution on the relevant information and require them to make explanations about
the inspection items, consult and copy the financial institution’s documents and materials related to the inspection items, and seal
up and preserve the documents and materials that are likely to be moved away, destroyed, concealed or altered.

To investigate a doubtful transaction, there shall be not less than 2 inspectors, who shall show their law enforcement certificates
and the investigation notice issued by the People’s Bank of China or its branch institution at the provincial level. The consultation,
copying or sealing up of the client’s account information, transaction records and other relevant information on the financial institution
under investigation shall be subject to the approval of the person-in-charge of the People’s Bank of China or of its branch institution
at the provincial level. In case any of the investigators violates the prescribed procedures, the financial institution may have
the right to reject the investigation.

Inquiry notes shall be made for inquiries and shall be delivered to the interviewees for verification. Where there is any omission
or error, the interviewees may request for supplement or correction. After the interviewees confirm the transcripts as inerrant,
they shall affix their signatures or seals to the notes, so do the investigators.

When sealing up any document or material for preservation, the investigators shall, jointly with the on-the-spot staff members of
the financial institution, make careful check and issue a checklist in duplicate on the spot, which shall bear the signatures or
seals of the investigators and of the staff members of the financial institution on the spot. And one copy shall be kept by the financial
institution and the other be attached to the case file for reference.

Article 23

Where the doubt of money laundering still exists after investigation, the case shall be reported to the spying organ which has jurisdiction
immediately. Where the client requests for an outbound transfer of the fund in the account involved in the investigation, the financial
institution shall report it to the local branch institution of the People’s Bank of China immediately. Upon approval of the pincipal
of the People’s Bank of China, the People’s Bank of China may take temporary freezing measures and shall make a written notice to
the financial institution, which shall execute the aforesaid notice as soon as it receives it.

Where the investigation organ believes it necessary to continue the freezing after it receives the report of the case, the financial
institution shall be cooperative after it receives from the investigation organ a notice of continuing the freezing. Where the investigation
organ deems it unnecessary to continue the freezing, the People’s Bank of China shall notify the financial institution to cancel
the temporary freezing as soon as it receives from the investigation organ a notice of lifting the freezing.

The temporary freezing may not exceed 48 hours. If the financial institution fails to receive a notice of continuing the freezing
within 48 hours after it takes temporary freezing measures as required by the People’s Bank of China, it shall immediately lift the
temporary freezing.

Article 24

Where any of the staff members of the People’s Bank of China or of its branch institutions, who is engaged in anti-money laundering
work, commits any of the following acts, he shall be given an administrative sanction,

(1)

violating the provisions to make any inspection or investigation or take any temporary freezing measure;

(2)

divulging any state secret, commercial secret or personal privacy, which he has accessed to during the process of his anti-money laundering
work;

(3)

violating the provisions to impose any administrative punishment on any relevant institution or personnel; or

(4)

any other act contrary to his duties.

Article 25

Where a financial institution violates the present Provisions, the People’s Bank of China or its branch institutions and sub-branches
at the prefecture level or above, shall punish it according to Articles 31 and 32 of the Anti-money Laundering Law of the People’s
Bank of China. And in light of different circumstances, the CBRC, CSRC or CIRC may be proposed to take the following measures,

(1)

to order the financial institution to stop the business for rectification, or to revoke its business license;

(2)

to disqualify the directly liable directors, senior managers and other directly liable persons from assuming their respective positions,
and to prohibit them from working in the financial sector; and

(3)

to order the financial institution to give a disciplinary sanction to the directly liable directors, senior managers and other directly
liable persons.

Where a sub-branch of the People’s Bank of China of a county (city) finds any financial institution violating thee present Provisions,
it shall report to the People’s Bank of China’s branch institution at the next higher level, which shall punish the violators or
advance a proposal according to the provisions of the preceding Paragraph.

Article 26

In case the People’s Bank of China or any of its branch institutions and sub-branches at the prefecture level or above, gives an
administrative punishment to a financial institution in violation of the present Provisions, it shall abide by the Procedural Provisions
of the People’s Bank of China on Administrative Punishments.

Article 27

The present Provisions shall enter into effect as of January 1, 2007. The Provisions on the Anti-money Laundering through Financial
Institutions, which was promulgated by the People’s Bank of China on January 3, 2003, shall be abolished simultaneously.



 
The People’s Bank of China
2006-11-14

 







CIRCULAR OF THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION CONCERNING THE RELATED PREFERENTIAL POLICIES OF ENTERPRISE INCOME TAX FOR SUPPORTING THE DEVELOPMENT AND OPENNESS OF BINHAI NEW AREA OF TIANJIN

Circular of the Ministry of Finance and the State Administration of Taxation concerning the Related Preferential Policies of Enterprise
Income Tax for Supporting the Development and Openness of Binhai New Area of Tianjin

Cai Shui [2006] No. 130

The Finance Department (bureau), State Taxation Bureau and Local Taxation Bureau of Tianjin Municipality:

For the purpose of implementing the Opinions of the State Council on the Rated Issues about Promoting the Development and Openness
of Binhai New Area of Tianjin (Guo Fa [2006] No. 20), the related preferential policies of enterprise income tax for Binhai New Area
of Tianjin (BNAT) are hereby notified as follows:

1.

As for the preferential tax policies for new and hi-tech enterprises

The enterprise income tax shall be levied at a reduced tax rate of 15% for Chinese-funded or foreign-funded newand hi-tech enterprises,
which are established within the BNAT and recognized by the science and technology administrative department of Tianjin Municipality
in accordance with the relevant provisions of the State.

The current preferential tax policies can be applicable to those enterprises within Tianjin Economic and Technological Development
Zone, Tianjin Port Bonded Area, Tianjin Export Processing Zone or Tianjin New Technology Industrial Park continuously; and if any
of the aforesaid enterprises simultaneously satisfies the provisions in the preceding Paragraph, a reduced enterprise income tax
rate of 15% can be levied on it . In case that preferential tax policies overlap, an enterprise has the right to choose to apply
one policy and may not enjoy two or more preferential policies simultaneously.

2.

As for increasing the depreciation rate of fixed assets

The depreciation period for the fixed assets (excluding houses and buildings) of an enterprise within the BNAT may be shortened at
40% or lower on the basis of the current provisions. The specific dimensions for implementation are shown as follows:

(1)

The “fixed assets for which the depreciation period is shortened at 40%” means the fixed assets that are newly bought by the enterprises
after July 1, 2006 and those bought before July 1, 2006 and have not completed the depreciation yet, of which, the depreciation period
of the fixed assets (excluding houses and buildings) that are bought by the enterprises prior to July 1, 2006 shall be shortened
at 40% or lower on the basis of the period that the depreciation has not been conducted.

(2)

The “current provisions” about depreciation period means the financial rules for different industries promulgated by the Ministry
of Finance and other related State provisions that are currently carried out by the enterprises. Where any enterprise has adopted
the balance declining method or the method of total number of years for its fixed assets as prescribed in the Notice of the State
Administration of Taxation concerning the Follow-up Administrative Work on Transferring the Power of Examination and Approval for
the Accelerated Depreciation of Fixed Assets to Lower Levels (Guo Shui Fa [2003] No. 113) prior to July 1, 2006, it shall be deprived
of changing to use the method of shortening the depreciation period.

(3)

With regard to the fixed assets (excluding houses and buildings) that are purchased after July 1, 2006, an enterprise can choose one
from the three methods: the method of shortening the depreciation period, the balance declining method, and the total number of years
method, and may not implement two or more of the said methods at the same time. After the method is determined, the enterprise may
not make change at random.

(4)

An enterprise may freely choose the proportion for shortening the depreciation period of fixed assets no more than 40%. After the
proportion is determined, it may not change the proportion at random in the following years. And an enterprise may also choose a
certain part of fixed assets for accelerated depreciation according to the requirements for its production and business operation,
and may not change the scope at will in the following years since the scope is determined.

3.

As for shortening the amortization year for intangible assets

With respect to the intangible assets as accepted or invested in by the enterprises in the BNAT, the depreciation period may be shortened
at 40% or lower on the basis of that currently prescribed. Where the agreement or contract stipulates the use life for the intangible
assets, the amortization shall be conducted in accordance with the use life as stipulated in the agreement or contract.

The specific dimensions for amortization of intangible assets of enterprises shall be carried out by reference to the provisions in
Item 1 of Article 2 of the present Circular.

4.

With regard to the shortening of depreciation (amortization) period of fixed assets and intangible assets of enterprises, the taxation
authority shall employ the follow-up archival filing management method or require taxpayers to attach explanations in tax returns,
and no examination and approval shall be implemented; and shall carry out the dynamic administration of the ledgers on depreciation
(amortization) of fixed and intangible assets.

5.

The present Circular shall only apply to such three ecological urban areas as Tanggu, Hangu and Dagang and such seven functional areas
as Advanced Manufacturing Zone, Binhai Hi-Tech Industry Park, Binhai Chemical Zone, Airport-based Industrial Zone, Seaport Logistics
Zone, Binhai CBD and Binhai Coastal Leisure and Tourism Zone.

6.

The present Circular shall come into effect as of July 1, 2006. If the State reforms the tax system in the future, the related new
tax provisions shall be implemented.

Please carry out the present Circular accordingly.

The Ministry of Finance

The State Administration of Taxation

November 15, 2006



 
The Ministry of Finance, the State Administration of Taxation
2006-11-15

 







NOTIFICATION NO.30, 2006 OF THE TENDERING BOARD FOR FOREIGN ASSISTANCE PROJECTS OF THE MINISTRY OF COMMERCE OF THE PEOPLE’S REPUBLIC OF CHINA

Notification No.30, 2006 of the Tendering Board for Foreign Assistance Projects of the Ministry of Commerce of the People’s Republic
of China

Tong Gao [2006] No.30

Tendering Board of Foreign Assistance Projects of the Ministry of Commerce held the 30th regular meeting of 2006 on Nov 10, 2006.
Relevant matters and decisions are now announced as follows:

1.

The tendering board worked over the result of bid negotiation and contract price of the sports stadium construction in aid of Guinea
with head office of Shanghai Construction Group.

2.

The tendering board worked over the result of bid negotiation and contract price of parts supplying project under the 12th technical
cooperation of Tanzania-Zambia railway construction with China Civil Engineering Construction Corporation.

3.

The tendering board examined and approved enterprises winning the bid of project of computer and medical entrustment in aid of White
Russia.

4.

The tendering board examined and approved enterprises winning the bid of project of 30 fire engines in aid of Cambodia.

5.

The tendering board worked over the bidding means of the material project in aid of office of the president of Palestine.

The Tendering Board of Foreign Assistance Projects of the Ministry of Commerce

November 15, 2006



 
The Tendering Board for Foreign Assistance Projects of the Ministry of Commerce
2006-11-15

 







CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...