Decree of the People’s Bank of China
No.1 In accordance with the Law of the People’s Republic of China on the People’s Bank of China and other laws and regulations , the Rules January 3, 2003 Rules for Anti-money Laundering by Financial Institutions Article 1 These rules are formulated in line with the Law of the People’s Republic of China on the People’s Bank of China and other relevant Article 2 These rules are applicable to all financial institutions involved in combating money laundering. Financial institutions hereunder Article 3 Money laundering in these rules refers to any action that legalize the ill-gotten income and yields generated from criminal activities Article 4 Financial institutions and their employees shall abide by these rules to fulfill their due obligation to combat money laundering Article 5 Financial institutions and their employees shall abide by relevant rules and regulations to and refrain from disclosing any information Article 6 Financial institutions shall assist the judiciary and/or law enforcement departments including the customs and taxation authorities Article 7 The People’s Bank of China is the supervisory authority for anti-money laundering operation by financial institutions. The People’s Bank of China shall establish a leading group supervising the work of anti-money laundering by the financial institutions, (1) Supervising and coordinating anti-money laundering activities of financial institutions; (2) Conducting research and formulating strategies, working plans and policies on anti-money laundering for financial institutions, establishing (3) Establishing a monitoring system to scrutinize payment transactions; (4) Working out proper solutions to major difficulties encountered by financial institutions in combating money laundering; (5) Participating in international anti-money laundering cooperation and providing guidance for international exchange in the areas of (6) Other anti-money laundering functions of the People’s Bank of China. The Sate Administration of Foreign Exchange is responsible for supervising reporting of large-value and/or suspicious foreign exchange Article 8 Financial institutions shall establish and improve their internal anti-money laundering mechanisms and report such mechanisms to Article 9 Financial institutions shall establish or designate relevant internal departments to specialize in anti-money laundering efforts Pursuant to concrete needs, financial institutions shall establish relevant departments or designate certain personnel in their branch Article 10 Financial institutions shall establish a customers’ identity registry system to verify the identities of customers who process financial Financial institutions shall not be allowed to open anonymous accounts or accounts in obviously fictitious names for their customers, Article 11 When opening deposit accounts or providing settlement service for individual customers, financial institutions shall verify the customers’ Financial institutions shall not open deposit accounts for customers who decline to show IDs or do not use names appeared in their Article 12 When opening accounts or providing financial services including deposits and settlement for institutional customers, financial institutions Financial institutions shall not provide financial services including deposits and settlement for institutional customers who fail Article 13 Financial institutions shall abide by relevant rules and report to the People’s Bank of China and/or the State Administration of Classification of large-value transactions shall be determined in line with relevant rules made by the People’s Bank of China and Article 14 Financial institutions shall abide by relevant rules and report to the People’s Bank of China and/or the State Administration of Reporting of suspicious transactions shall be determined in line with relevant rules made by the People’s Bank of China and the State Article 15 Branch offices of financial institutions shall report large-value and/or suspicious transactions to the local branch offices of the Article 16 Financial institutions shall carry out examination and analysis on large-value and/or suspicious transactions, and shall report to Article 17 Financial institutions shall keep records on account information and transaction records of the customers in accordance with the (1) Records of account information shall be kept for five years at minimum from the date of closing the account; (2) Transaction records shall be kept for five years at minimum from the date of booking the transaction. Transaction records in item (2) include information on the ownership of the account, amount of deposit or withdrawal effected through Article 18 The People’s Bank of China or the State Administration of Foreign Exchange shall hand over the report and other related materials Article 19 The People’s Bank of China shall provide guidance and organize training activities on the subject of anti-money laundering for financial Financial institutions shall launch anti-money laundering publicity among their customers and provide training for their staff on Article 20 The People’s Bank of China shall issue a warning to and order a financial institution committing any of the following irregularities (1) failing to establish an internal anti-money laundering mechanism as required; (2) failing to establish or designate relevant departments to specialize in anti-money laundering efforts as required; (3) failing to ask institutional customers to show valid documents and other related materials for verification and recording as required; (4) failing to keep account information and transaction records of customers as required; (5) leaking anti-money laundering information to customers and other people in violation of rules; or (6) failing to report to the authorities of large-value and/or suspicious transactions as required. Article 21 When a financial institution engaged in foreign exchange operation fails to report on a timely basis to authorities of abnormal foreign Article 22 Where a financial institution, in violation of relevant laws and administrative rules and regulations, engages in unfair competition Article 23 Where a financial institution opens accounts for customers who have declined to show their personal IDs or use the names appeared Article 24 The China’s Association of Banks, China’s Association of Finance Companies and other self-regulatory organizations in the financial Article 25 These rules shall enter into force on March 1, 2003. |
The People’s Bank of China
2003-01-03