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 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 Article 2 The present Provisions shall be applicable to the following financial institutions established within the territory of the People’s (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 (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 Article 3 The People’s Bank of China shall be the administrative department for anti-money laundering of the State Council, which shall supervise During the process of performing its functions of anti-money laundering, the People’s Bank of China shall cooperate with the relevant Article 4 The People’s Bank of China shall, in pursuance of the authorization of the State Council, develop international cooperation in respect 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 (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 (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 (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 (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 China Anti-money Laundering Monitoring and Analyzing Center and its functionaries shall keep confidential the clients’ identity materials Article 8 Financial institutions or its branch institutions shall establish a sound internal control system of anti-money laundering under The person-in-charge of a financial institution or its branch shall be responsible for the effective implementation of the internal 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 (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 (4) guaranteeing that any overseas financial institution, with which it has an agency relationship or similar relationship, can effectively The concrete implementation measures as prescribed in the preceding paragraph shall be formulated by the People’s Bank of China in Article 10 Financial institutions shall, within the prescribed time limit, properly preserve the clients’ identity materials, as well as the The concrete implementation measures as prescribed in the preceding paragraph shall be jointly formulated by the People’s Bank of Article 11 Financial institutions shall make reports to China Anti-money Laundering Monitoring and Analyzing Center on any large-sum 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 Article 13 Where any financial institution finds any suspected crime during the process of fulfilling the anti-money laundering obligations Article 14 Financial institutions and their staff members shall assist the judicial organ and administrative law enforcement organ to crack Overseas branch institutions of financial institutions shall keep to the anti-money laundering provisions of the countries or regions Article 15 Financial institutions and their staff members shall keep confidential the clients’ ID materials and transaction information that Financial institutions and their staff members shall keep confidential the anti-money laundering information on reporting doubtful Article 16 A financial institution or any of its staff members, who makes any report of large-sum transaction or doubtful transaction, shall Article 17 Financial institutions shall, in accordance with the provisions of the People’s Bank of China, submit the anti-money laundering statistical 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, (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 (3) to consult and copy the documents and materials related to inspection items of a financial institution, and seal up and preserve the (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 To conduct an on-the-spot inspection, there shall be not less than 2 inspectors, who shall show their law enforcement certificates 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 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 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, 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 The term the People’s Bank of China or its branch institutions at the provincial level includes the headquarters of the People’s Article 22 When the People’s Bank of China or any of its branch institutions at the provincial level investigates any doubtful transaction, To investigate a doubtful transaction, there shall be not less than 2 inspectors, who shall show their law enforcement certificates Inquiry notes shall be made for inquiries and shall be delivered to the interviewees for verification. Where there is any omission When sealing up any document or material for preservation, the investigators shall, jointly with the on-the-spot staff members of Article 23 Where the doubt of money laundering still exists after investigation, the case shall be reported to the spying organ which has jurisdiction Where the investigation organ believes it necessary to continue the freezing after it receives the report of the case, the financial The temporary freezing may not exceed 48 hours. If the financial institution fails to receive a notice of continuing the 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 (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 (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 (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, (3) to order the financial institution to give a disciplinary sanction to the directly liable directors, senior managers and other directly Where a sub-branch of the People’s Bank of China of a county (city) finds any financial institution violating thee present Provisions, 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 Article 27 The present Provisions shall enter into effect as of January 1, 2007. The Provisions on the Anti-money Laundering through Financial |
The People’s Bank of China
2006-11-14