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Circular of Shanghai Headquarters (the No.1 Department of Financial Services) of the People’s Bank of China on Transmitting the Circular
on Declaring the Data of Bank Codes to the Image Exchange System
Yin Zong Bu Fu Yi[2006] No. 69
Shanghai branches of all policy banks, State-owned commercial banks and joint-stock commercial banks, Shanghai Pudong Development
Bank, Bank of Shanghai and Shanghai Rural Commercial Bank, the Business Department of Headquarters of the Bank of Communications,
and the accounting and settlement departments of foreign-invested banks in Shanghai Municipality that engage in RMB business:
The Circular on Declaring the Data of Bank Codes to the Image Exchange System (Yin Zhi Fu [2006] No. 195) is hereby transmitted to
you, and you are requested to implement accordingly.
Attachment: Circular on Declaring the Data of Bank Codes to the Image Exchange System (Yin Zhi Fu [2006] No. 195)
Shanghai Headquarters of the People’s Bank of China
November 8, 2006
Attachment:
Circular of the People’s Bank of China ( the Payment and Settlement Department) on Declaring the Data of Bank Codes to the Image Exchange
System
Yin Zhi Fu [2006] No. 195
The No.1 Department of Financial Services of Shanghai Headquarters of the People’s Bank of China, and the payment and settlement departments
of all the branches, business management departments, central sub-branches of provincial capital cities of the People’s Bank of China,
and Shenzhen Central Sub-branch:
For the purpose of ensuring the pilot operation of National Check Image Exchange System (hereinafter referred to as CIS System) and
supporting the declaration of the data of bank codes of the CIS System, the Headquarters has decided to upgrade the Bank Code Management
System (hereinafter referred to as BCMS), and the new version of BCMS has been formally used as of October 30, 2006. The relevant
matters are hereby announced as follows:
I.
Main Functions of the New Version of BCMS
The new version of BCMS follows Internet platform and browser technology, on the basis of remaining the bank code management functions
and the declaration procedures of the payment system, the management function over the data of bank codes of the CIS System has been
added, and it has realized the declaration, examination, approval, delivery and effectiveness, etc. of the data of bank codes of
the CIS System.
A separate user management mechanism shall be implemented for the bank codes in the CIS System, which includes declaration bank users
(including main declaration users and input users), examination bank users and National Processing Center (NPC) users. Among others,
declaration bank users shall be in charge of declaring the data of bank codes of the CIS System to the examination bank users, and
the payment and settlement department of each branch or sub-branch of the People’s Bank of China can, according to local situation,
determine that the responsibilities of the declaration bank users shall be taken by the payment and settlement department, the clearing
house or the virtual clearing house of commercial banks that adopt the mode of centralized access; and the examination bank users
shall be in charge of examining the data and information that has been submitted by the declaration bank users and submitting them
to the Bank Code Management Department of the Headquarters of the People’s Bank of China. The payment and settlement department of
each branch or sub-branch shall take charge of the examination bank users, and the Bank Code Management Department of the Headquarters
of the People’s Bank of China shall be responsible for the examination bank users of the virtual sub-centers (which refer to the
sub-centers affiliated to the virtual clearing houses of national commercial banks that have uniformly accessed into the NPC).
The structure of the new version of the BCMS, the code rules for all levels of users and the use thereof shall be referred to the
Instructions on the BCMS Structure and User Design (see Attachment 1).
II.
Application Scope of the New Version of BCMS
The new version of BCMS supports the declaration and routine alteration of the data of bank codes of the participants in the payment
system and the CIS System.
The CIS System only applies to the declaration and alteration management of bank codes to image exchange systems in the pilot provinces
(municipalities) in the term of trial use. The CIS System can support the declaration and routine alteration of the data of bank
codes of the National Check Image Exchange System during dissemination.
For the purpose of facilitating the national use and handling of checks, a participant who has joined the payment system shall declare
his bank code of the check image exchange system in principle, which must be consistent with that of the payment system. Where any
participant who has not joined the payment system needs to participate in the check image system, the agency bank for proceeding
acknowledgements of receipt of image of the small-amount payment system shall be determined subject to relevant provisions, and the
data of the bank code of the check image system shall be worked out as required by the prescribed standards.
III.
Arrangements for Declaring Bank Codes to the CIS System in Pilot Provinces (Municipalities) The declaration bank users in Beijing,
Tianjin, Shanghai, Hebei, Guangdong and Shenzhen shall, in light of the standards for bank codes of CIS System, accomplish the data
declaration work to the examination banks before November 10 for the purpose of ensuring the accuracy and timeliness of basic data
in the image exchange system. An examination bank shall stick to the standards for the bank codes in the CIS System and the requirements
for the declaration of system data, achieve the examination and submission of the data of bank codes in the CIS System before November
14.
Specific declaration plans and operation procedures shall be referred to the Declaration Plans and Operation Procedures for the Data
of Bank Codes to the Image Exchange System (see Attachment 2) and the Guidelines for the Declaration of Data of Bank Codes to the
Image Exchange System (see Attachment 3).
IV.
Other Relevant Requirements The payment system will suspend the processing of declarations for alterations on bank codes in order
to ensure the smooth operation of the pilot work on the CIS System from November 10 to December 18, 2006. The opening of main declaration
users of participants in the image exchange system and the declaration procedures for the data of bank codes shall be referred to
the Procedures for Opening of Main Declaration Users in the Image Exchange System (see Attachment 4) after the CIS System has been
launched for trial use since December 18, 2006.
The payment and settlement departments of branches and sub-branches of the People’s Bank of China in Beijing, Tianjin, Shanghai, Hebei,
Guangdong and Shenzhen shall, strictly in accordance with the aforesaid requirements, work earnestly on the declaration of the data
of bank codes in the CIS System of their respective provinces (municipalities), and make sure the high efficiency, timeliness and
accuracy of declaration data. If you encounter any problem in the process of declaring the data of bank codes, you shall contact
the Payment and Settlement Department of the People’s Bank of China in a timely manner. Contact person: Zhou Pengfu. Tel: 66194675.
Please transmit this Circular to all banking institutions and clearing houses within your jurisdictions.
Attachments:
1.
Instructions on the BCMS Structure and User Design
2.
Declaration Plans and Operation Procedures for the Data of Bank Codes to the Image Exchange System
3.
Guidelines for the Declaration of Data of Bank Codes to the Image Exchange System
4.
Procedures for Opening of Main Declaration Users in the Image Exchange System
Payment and Settlement Department of the People’s Bank of China
November 1, 2006
Attachment 1:
Instructions on the BCMS Structure and User Design
The information contained in BCMS is very important basic information to the payment system and the national check image system, is
also the unique identification to the participants in the payment system and the image exchange system, and runs through the entire
process of the disposal and settlement in payment business and image business.
I.
BCMS Structure
The BCMS bases on a Web design, and has been designed four kinds of application users as declaration bank users, examination bank
users, bank code management department users and National Processing Center (NPC) users to uniformly administrate the declaration,
examination, approval and delivery of bank codes in the payment system and the image exchange system.
The specific system structure shall be referred to Figure 1- Topological Map of the BCMS.
Figure 1- Topological Map of the BCMS (omitted)
II.
Instructions on the Design of BCMS Users
i.
Coding rules for BCMS users
1.
Coding rules for the users of the payment system
XXX XXXX X XX
Type of Bank City Code Type of User Serial Number of User
Among others, Type of Bank refers to the code of the bank type of the banking institution to which the user belongs, for example:
001 represents the People’s Bank of China; City code refers to the code of the city where the banking institution to which the user
belongs is located, for example: 1000 stands for Beijing; and Type of User refers to the role of the user in the BCMS, and the code
for bank code management department users is 1, the code for examination bank users is 2, the code for main declaration bank users
is 3, the code for input users of declaration banks is 4; and the code for NPC bank code management users is 5; and Serial Number
of User will be automatically produced for the user in the BCMS, starting from 1. For example: the code for main declaration bank
user of Beijing Branch of the Industrial and Commercial Bank of China is 1021000301.
2.
Coding rules for the users of the image exchange system
XXX XXXX X XX
Type of Bank Code of Sub-center Type of User Serial Number of User
Among others, Type of Bank refers to the code of the bank type of the banking institution to which the user belongs, for example:
999 represents clearing houses; Code of Sub-center refers to the code of the sub-center to which the banking institution where the
user is affiliated belongs, for example: 1009 represents Beijing sub-center; and Type of User” refers to the role of the user in
the BCMS, and 1 represents the bank code management department users, 6 represents the examination bank users, 7 represents the main
declaration bank users, 8 represents the input users of declaration banks; and 9 represents the NPC bank code management users; and
Serial Number of User” will be automatically produced for the user in the BCMS, starting from 1. For example: the code of main declaration
bank user of Beijing Branch of the Industrial and Commercial Bank of China is 1021009701.
The initial passwords for each user to log into the payment system and the image exchange system are 88888888, which shall be timely
revised by each user after first access into the system, and the revised passwords shall be kept properly.
ii.
BCMS user setting
As to the handling of data of bank codes in the payment system and the image exchange system, declaration bank users, examination
bank users, NPC users and bank code management department users have been designed by the BCMS to uniformly administrate the bank
codes in the payment system and the image exchange system. Among others, the type of users of bank codes in the payment system and
the data handling mode shall be remained, and the logic relationship between the users to the payment system and those to the image
exchange system shall be referred to Figure 2- Design Figure of Users to the BCMS.
Figure 2- Design Figure of Users to the BCMS (omitted)
The instructions to all types of users in the image exchange system are hereby given as follows:
Bank code declaration bank users: they shall be in charge of filling in the bank codes and declaring the altered information, and
designating the clearing houses, sub-centers as well as agency banks for the small-amount business. Generally, they refer to the
users of the clearing houses to which the participants which dispersedly access into the image system belong or the users of the
commercial bank which uniformly access into the image system.
Bank code examination bank users: they shall be in charge of examination of the information that has been declared, and revising the
status as “examined” after ensuring that there is no error. They shall generally refer to the users of the branches and sub-branches
of the People’s Bank of China at the locality of sub-centers. Where a commercial bank has uniformly accessed into the image system
across the country, examination bank users of the said commercial bank shall be its bank code management department concurrently.
Bank code management department users: they shall be in charge of collecting the bank codes alteration data which has been examined
and approved, appointing the date of effectiveness for the alteration of bank codes, and authorizing the delivery of alteration data.
In general, they shall refer to the business management department user of the headquarters of the People’s Bank of China.
NPC bank code management users: they shall be in charge of delivering the documents on bank codes alteration to the image system,
and making sure that the said documents become effective on the designated date of effectiveness. Generally, they shall refer to
the users in charge of check and delivery of the data of the bank code system of Settlement NPL.
Attachment 2:
Plans and Operation Procedures for Declaring the Data of Bank Codes to the National Check Image Exchange System in Pilot Provinces
(Municipalities)
The declaration of the data of bank codes to the National Check Image Exchange System in pilot provinces (municipalities) is divided
into four stages: environment preparation, data declaration, data examination and data submission.
I.
Stage of Environment Preparation (November 1 to 3, 2006) The bank code management department will add the codes of sub-centers, examine
the bank users as well as NPL users in pilot provinces (municipalities) on November 1, 2006.
The examination bank users of sub-centers in pilot provinces (municipalities) will input the bank codes of the clearing houses, and
the bank code management department will add the users of the clearing houses from November 2 to 3, 2006.
II.
Stage of Data Declaration (November 6 to 10, 2006) The clearing houses affiliated to the sub-centers in pilot provinces (municipalities)
will log into the system for the declaration of main users, and input the new users, and make good preparations for the declaration
of the data of bank codes on November 6, 2006.
The clearing houses will input the data of the check exchange system via the main declaration user or the input user, and seriously
verify the data which has been input from November 6 to 10, 2006 (See Attachment 1 for the standards for bank codes).
After ensuring that there is no error in the data that has been input, the clearing houses will submit the data to the sub-center
examination bank user for the examination of declared data on November 10, 2006.
III.
Stage of Data Examination (November 10 to 14, 2006) After ensuring that all the data that has been input by clearing houses has been
submitted for examination, the sub-center examination bank will examine carefully the declared data from November 10 to 14, 2006.
After ensuring that there is no error in the data as declared by the clearing houses, the sub-center examination bank will submit
the said declared data to the bank code management department for data examination on November 14, 2006.
IV.
Stage of Data Submission After ensuring that there is no error in the data upon examination, the bank code management department will
separately submit it to the NPL user for check and delivery to lower levels, and affirm the types and quantity of the data that has
been submitted on December 4, 2006. The date of effectiveness is December 18, 2006.
Attachment 3:
Guidelines for Declaring the Data of Bank Codes in the National Check Image Exchange System
I.
Operational Standards for the Bank Codes in the Image Exchange System
The image exchange system comprises 3 digits for the code of the bank type, 4 digits for the area code, 4 digits for the serial number
of the branch office, and 1 digit for check code, exactly 12 digits. And the structure thereof is given as follows:
XXX XXXX XXXX X
Code of the bank type Area code Serial number of the branch office Check code
i.
Codes of the bank type
It comprises three fixed-length digits, among others, 999 represents the clearing houses, and others can be referred to in the table
of the bank type codes.
ii.
Area codes
It comprises four fixed-length digits. As to a banking institution that has joined both the payment system and the image exchange
system, the bank code of which in the image exchange system shall be consistent with that in the payment system. As to a banking
institution that has only joined the image exchange system, the area code in its bank code in the image exchange system shall be
used in the same way as that in the payment system. The area code of a provincial capital city or municipality directly under the
Central Government shall be compliance with the national settlement center code of this city, and the area code of a county (city)
under the jurisdiction of a provincial capital city or municipality directly under the Central Government shall be compliance with
that of its superior provincial capital city or municipality directly under the Central Government; and the area code of a districted
city shall be compliance with the national settlement center code of this city, and the area code of a city at county level under
the level of a districted city shall uniformly be compliance with the national settlement center code of this city at county level
no matter whether there is a branch office of the People’s Bank of China in this city at county level or it is managed by the sub-branch
of the People’s Bank of China in any other county (city) on commission.
The specific area codes shall be referred to the national settlement center code (GB13497-92, Ji Jian Guo Biao Fa [1992] No.111).
iii.
Serial number of the branch offices
It comprises four fixed-length digits. As to a banking institution that has joined both the payment system and the image exchange
system, the bank code of which in the image exchange system shall be consistent with that in the payment system. As to a banking
institution that has only joined the image exchange system, the way of using the serial number of the branch office in its bank code
in the image exchange system shall be in consistent with that in the payment system. After the negotiations and confirmation with
the upper-level jurisdiction bank, the serial numbers of the branch offices of each bank will be decided in sequence by their superior
branch or headquarters at their local city.
iv.
Check code
It comprise one digit only, and adopts the dual-mode algorithm. The system will automatically produce a check code after the first
11 digits of bank code have been input.
II.
Guidelines for Declaring the Bank Codes of Clearing Houses to the Image Exchange System
i.
Instructions for declaration
All the bank codes of the clearing houses to the image exchange system in the pilot provinces (municipalities) and the provinces (municipalities)
for dissemination shall be declared through the BCMS. The declarations made by relevant clearing houses for adding, altering and
canceling bank codes can be referred to the relevant contents in the operating manual after the image exchange system is put into
operation.
ii.
Instructions for filling out the columns the image exchange system for clearing houses shall declare the data through the function
of Declaration of Bank Codes CAdded Clearing Houses in the menu of Operation Management in the BCMS before it is put into operation.
The relevant interfaces for declaration can be referred to the Figure 1- Interface for Inputting the Additional Declarations of Clearing
Houses to the Image Exchange System.
The contents to be filled in all columns and the notes are explained as follows: (the figure thereof is omitted):
Figure 1- Interface for Inputting the Additional Declarations of Clearing Houses to the Image Exchange System
1.
Descriptions of the function: it is responsible for the additional declarations of the data of clearing houses. This module provides
an interface for the additional declarations of the data of clearing houses, checks the legality of the data input by users and saves
the data input by users.
2.
Users: examination bank users.
3.
Introductions for use:
Step 1: The examination bank users Logs into the BCMS.
Step 2: Choose the following menus in sequence: [CIS Operation Management]- [0201- Declaration of Bank Codes]- [020107-Additional
Clearing Houses], and enter in the interface of Additional Clearing Houses as Figure 1 shows.
Step 3: Input each item of information on the clearing houses. Among others, the number of clearing house comprises 12 digits, and
the first three digits are fixed to be 999, the middle four digits are the code of the city where the clearing house is located,
and the last five digits are the serial numbers and one check code. The type of the clearing house can be chosen as the real clearing
house or virtual clearing house according to the circumstance actually.
Step 4: Clicking the button of Confirmation, and the system will check the data that has been input. The data will be saved on the
server if the check has passed.
4.
Notes:
(1) Number of Clearing House: it comprises 12 digits, and the coding rules are consistent with those in the payment system.
(2) Type of Clearing House: the information on the clearing houses will be added upon declaration of the examination bank user. The
type of Real Clearing House shall be chosen by a clearing house that begins to dispersedly accept the business of the clearing institutions;
and the type of Virtual Clearing House shall be chosen by a clearing house that begins to accept the business of the clearing institutions
in a concentrated manner.
(3) Sub-center to which it belongs: this item must be filled in, and comprises up to four digits at most. A regional sub-center refers
to the sub-center of the image exchange system to which an additional clearing house belongs and it shall be an effective code or
a code added for the same term.
(4) Name of Clearing House: this item must be filled in with the full name, which comprises 1 up to 60 characters, namely, 30 Chinese
characters at most, and may include Chinese characters, two-character symbols and 1-character numerals.
(5) Shortened Form of Clearing House: this item can be filled in or left blank, which comprises 1 up to 20 characters, namely, 10
Chinese characters at most, and may include Chinese characters, two-character symbols and 1-character numerals.
(6) Address of Clearing House: this item can be filled in or left blank, which comprises 1 to 60 1-character characters, namely, 30
Chinese characters at most, and may include Chinese characters, two-character symbols and 1-character numerals.
(7) Contact Person: this item can be filled in or left blank, which comprises 1 up to 16 characters, namely, 8 Chinese characters
at most, and may include Chinese characters, two-character symbols and 1-character numerals.
(8) Code of the city where the clearing house is located: this item must be filled in, which comprises 4 digits, and shall be compliance
with the 4 to 7 digits of the bank codes. The detailed method shall be referred to I. Business Standards for the Bank Codes in the
Image Exchange System.
(9) Postcode: this item must be filled in and comprises 5 to 6 digits.
(10) Telephone Number: this item must be filled in, which comprises 7 up to 30 characters, and may include numerals and the hyphen
“-“, and the format shall be: zone number – telephone number – extension number.
(11) E-mail Address: this item can be filled in or left blank, which comprises 7 up to 30 characters, and may include digits, English
letters and 1-character symbols “@” and “.”.
(12) The items with a mark of “*” before must be filled in.
III.
Guidelines for Declaring the Bank Codes of Clearing Institutions in the Image Exchange System
i.
Instructions for declaration
All bank codes of clearing institutions in the image exchange system in the pilot provinces (municipalities) and the provinces (municipalities)
for dissemination shall be declared through the BCMS. The declarations of adding, altering and canceling bank codes shall be referred
to the relevant contents in the operating manual after the image exchange system is put into operation.
ii.
Instructions for filling out the columns The participants in the image exchange system shall declare the data through the function
Declaration of Bank Codes – Additional declarations in the menu of Operation Management in the BCMS before it log into the system.
The relevant interfaces for declaration shall be referred to the Figure 1- Interface for Inputting Additional Declarations of Participants
in the Image Exchange System.
The contents to be filled in all columns and the notes are explained as follows:
Figure 1- Interface for Inputting the Additional Declarations of Participants in the Image Exchange System (omitted)
1.
Descriptions of the function: it provides an interface for inputting the additional bank codes, checks the legality of the data that
has been input by the users and saves the data.
2.
Users: input users and main declaration bank users.
3.
Notes for use:
Step 1: The users Logs into the BCMS.
Step 2: Choose the following menus in sequence: [CIS Operation Management]- [0201- Declaration of Bank Codes]- [020107-Additional
Declaration], and enter into the interface of Declaration of bank codes of additional participants in the system of clearing houses
as Figure 1 shows.
Step 3: Input the lawful data as required, and click the button of Confirmation, and the system will check the legality of the data
that has been input. The system will give a tip if the check failed to pass.
Step 4: Revising the data that has been input as required by the tips, and conducting the re-affirmation, until the system hints that
the data is successfully saved.
4.
Notes:
(1) Bank Code of Clearing House: it comprises 12 digits, and the coding rules are consistent with those for the payment system.
(2) Whether it is an institution for small-amount business: In case of a Yes, the system will automatically check whether the bank
code of the payment system exits, which is consistent with that of the clearing house. The check will pass if the bank code of the
payment system exits, or else, the system will show you that the corresponding institution for small-amount business does not exist.
In case of a No, the system will automatically check whether the bank code of the payment system exists, which is consistent with
that of the clearing house. The check will pass if the bank code of the payment system does not exist, or else, the system will show
you that there exists such a corresponding institution for small-amount business.
(3) Agency bank for small-amount business, which refers to an agent bank for the acknowledgement of receipt of small-amount transactions.
This bank shall have an effective bank code in the small-amount payment system. It must have joined the small-amount payment system
if it chooses the acknowledgement of receipt by itself, and should choose Yes in the item of Whether it is a institution for small-amount
business.
(4) Sub-center to which it belongs, which refers to the sub-center of the image exchange system to which a additional clearing institution
belongs, and this item will be filled in by the system automatically.
(5) Code of The Superior Clearing House, which refers to the clearing house to the image check system to which the additional clearing
institution belongs, and this item will be filled in by the system automatically.
(6) List of High-level Participants, which can be filled in or left blank, and comprises the bank codes of the participants in one
or more of the same bank type in the image exchange system. Several high-level participants will be connected by the English symbol
“&”, and be composed of up to 70 characters at most. A clearing house does not need to fill out this item.
(7) Business Undertaking Bank, which can be filled in or left blank, and can be filled in at the time of addition and revision; it
should meet the requirements for joining both the small-amount payment system and the image exchange system, and the status of bank
code of a agency bank for small-amount business should be an effective participant.
The requirements for filling out the following items shall be the same as those for clearing houses: Name of Participant, Shortened
Form of Participant, Contact Person, Code of the city where the clearing house is located”, Postcode, Telephone Number, and E-mail
address.
IV.
Guidelines for Declaring the Bank Codes in the Payment System
On the basis of the original mode for the elements for declaring the bank codes in the payment system, two items of Whether there
is the bank code to the electronic inter-bank and the Bank code to the electronic inter-bank have been deleted. Other elements and
method for declaring shall be consistent with the original mode.
Attachment 4:
Steps for Opening Main Declaration Users of the National Check Image Exchange System
After the image exchange system is put into operation, where a province (municipality) adds, cancels, or changes the affiliation of
clearing houses (including virtual clearing houses), the examination bank shall organize the additional clearing houses to open main
declaration users in accordance with the steps as follows:
Step 1: Contrasting to the current declaration procedures for the direct participants in the payment system, an additional clearing
house shall submit the paper documents to the Payment and Settlement Department of the Headquarters of the People’s Bank of China
after examined level by level by the branches of the People’s Bank of China;
Step 2:The examination bank can declare the bank code subject to the paper documents as declared by the clearing house, and await
the bank code management department to approve the lockup after the completion in the implement as well as the check and acceptance
of the project in the clearing house;
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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)
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