Chapter I General Provisions of Measures for the Supervision and Administration of Anti-Money Laundering of Financial Institutions (Trial) Article 1 In order to standardize the supervision and administration of anti-money laundering and urge financial institutions to earnestly fulfill their anti-money laundering obligations, according to the Anti-Money Laundering Law of People's Republic of China (PRC), the Law of the People's Bank of China of the People's Republic of China and the Anti-Money Laundering Regulations of Financial Institutions (Order of the People's Bank of China [2006] No.65438+,
Article 2 These Measures shall apply to the supervision and administration of the People's Bank of China and its branches on the following financial institutions legally established in People's Republic of China (PRC):
(1) Policy banks, commercial banks, rural cooperative banks, rural credit cooperatives and village banks;
(2) Securities companies, futures companies and fund management companies;
(3) Insurance companies and insurance asset management companies;
(4) Financial asset management companies, trust companies, enterprise group finance companies, financial leasing companies, auto financing companies and money brokerage companies;
(5) Other financial institutions that the People's Bank of China clearly needs to perform anti-money laundering obligations.
Article 3 The People's Bank of China is responsible for clarifying and adjusting the division of anti-money laundering supervision, formulating the anti-money laundering information reporting system of financial institutions and the measures for the management of anti-money laundering supervision files, standardizing the anti-money laundering supervision methods, measures and procedures, and guiding the branches of the People's Bank of China to carry out anti-money laundering supervision.
Article 4 The People's Bank of China and its branches shall follow the principles of risk orientation and legal person supervision, and rationally use various supervision means according to the actual situation to realize effective supervision of different types of financial institutions.
Article 5 Financial institutions shall submit anti-money laundering information in accordance with the provisions of the People's Bank of China, and actively cooperate with the anti-money laundering supervision of the People's Bank of China and its branches.
Article 6 If the supervisors of the People's Bank of China and its branches violate the prescribed procedures or exceed the prescribed functions and powers, financial institutions have the right to refuse supervision or raise objections. Financial institutions have the right to defend the illegal issues raised by the People's Bank of China and its branches. If there are reasonable reasons, the People's Bank of China and its branches shall adopt them.
Article 7 The People's Bank of China and its branches shall take proper custody and confidentiality measures for the anti-money laundering information obtained in the anti-money laundering supervision and management, and shall not provide it to the outside world in violation of regulations.
Chapter II Division of Supervision
Article 8 The People's Bank of China shall be responsible for the supervision and management of the headquarters of national corporate financial institutions. The branches of the People's Bank of China shall be responsible for the supervision and management of the headquarters of local corporate financial institutions and unincorporated financial institutions within their respective jurisdictions. The People's Bank of China may authorize the branch of the People's Bank of China where the legal person financial institution is located to perform supervisory duties on behalf of the headquarters of the national legal person financial institution.
The list of headquarters of national corporate financial institutions supervised by the People's Bank of China shall be determined and adjusted by the People's Bank of China. For the headquarters of a national legal person financial institution that is not listed, the People's Bank of China authorizes the branches above the sub-provincial city center branch where the institution is located to act as the regulatory agency.
Branches of the People's Bank of China shall clarify the division of anti-money laundering supervision of financial institutions within their jurisdiction to avoid regulatory vacuum and repeated supervision. Disputes between branches of the People's Bank of China over supervision rights shall be reported to the same superior institution for confirmation.
Article 9 The People's Bank of China and its branches may directly conduct on-site inspections of financial institutions supervised by subordinate institutions, or authorize subordinate institutions to conduct inspections of financial institutions supervised by superior institutions; If a subordinate institution considers that the implementation of anti-money laundering regulations by the financial institution under its supervision has caused great social impact, it may request the superior institution to conduct on-site inspection.
If the branch of the People's Bank of China thinks it is really necessary to carry out on-site inspection across jurisdictions, it may suggest that the superior bank make unified arrangements.
Chapter III Off-site Supervision Article 10 The People's Bank of China shall establish a regular anti-money laundering reporting system for financial institutions. The specific contents and reporting methods of the periodic reporting system shall be uniformly stipulated and adjusted by the People's Bank of China.
The anti-money laundering reporting institution shall, in accordance with the provisions of the People's Bank of China, designate a special person to submit the anti-money laundering work report and other information to the People's Bank of China or its branch responsible for supervision, and truthfully reflect the anti-money laundering work. The anti-money laundering reporting institution shall be responsible for the authenticity, completeness and timeliness of relevant information.
Article 11 An anti-money laundering reporting institution shall prepare an annual anti-money laundering report and report the following contents to the People's Bank of China or its branches on schedule:
(a) the overall situation of anti-money laundering work and institutional overview;
(2) Establishing an anti-money laundering mechanism;
(3) Fulfilling the legal obligations of anti-money laundering;
(4) Coordination and effectiveness of anti-money laundering work;
(five) other anti-money laundering work, problems and suggestions.
Where a financial institution has an overseas institution, the headquarters of a domestic legal person financial institution shall report to the People's Bank of China or its branches on the anti-money laundering supervision of the overseas institution in the host country (region) every year.
Article 12 The annual anti-money laundering report of a legal person financial institution shall cover the headquarters and all branches of the institution; The annual report on anti-money laundering of unincorporated financial institutions shall cover the institutions at the same level and their branches under their jurisdiction.
Article 13 A financial institution shall report to the People's Bank of China or its branches in a timely manner (within 10 working days after the occurrence) under the following circumstances:
(1) Revision of major anti-money laundering internal control system;
(two) the adjustment of anti-money laundering institutions and post personnel and the change of contact information;
(3) Major risk matters related to the anti-money laundering work of this institution;
(4) Money laundering risk self-assessment report or other relevant risk analysis materials;
(5) Other anti-money laundering matters explicitly required by the People's Bank of China to be reported immediately.
Article 14 The People's Bank of China and its branches shall, in accordance with the division of supervision, take anti-money laundering reporting institutions as the main body, timely establish supervision files of anti-money laundering work information and supervision activities information of financial institutions, keep the following information, and implement dynamic supervision and management:
(1) Information submitted by financial institutions;
(2) Information generated by the People's Bank of China and its branches in the process of implementing anti-money laundering supervision;
(3) Important information obtained from other channels.
Article 15 The People's Bank of China and its branches shall establish and maintain anti-money laundering supervision files.
Anti-money laundering supervision files should be managed in time series by year. The branches of the People's Bank of China shall, after the end of each year, report the electronic supervision files of corporate financial institutions to the People's Bank of China step by step.
Article 16 The People's Bank of China and its branches shall rely on the anti-money laundering supervision files of financial institutions, combine on-site inspections, interviews and talks, and refer to other information obtained in daily supervision, select key, obvious and objective evaluation indicators, and evaluate and rate the compliance and effectiveness of anti-money laundering work of financial institutions every year.
Article 17 The annual assessment and rating of financial institutions' anti-money laundering work shall be graded comprehensively. The assessment and rating period is from 65438+1 October1to 65438+February 3 1 every year.
At the time of annual assessment and rating, the scores of addition and subtraction items in the supervision files of financial institutions are calculated according to the index weight, and the percentage conversion is carried out to obtain the annual assessment results of each institution; Rank by banking, securities, insurance and other categories to determine the evaluation level of financial institutions.
The People's Bank of China formulates and adjusts the contents and weights of assessment indicators according to the regulatory needs. Branches of the People's Bank of China may refine the contents of indicators according to local conditions.
Article 18 The People's Bank of China and its branches may exercise classified supervision over financial institutions according to the evaluation and rating results.
The People's Bank of China and its branches can inform the relevant departments of the evaluation and rating results on an annual basis, and incorporate the evaluation and rating results into the anti-money laundering regulatory files and hand them over to the management in the next year.
Article 19 If the People's Bank of China and its branches find that there are outstanding problems in the anti-money laundering work of financial institutions during the evaluation and rating, they shall promptly issue the Anti-money Laundering Supervision Opinion (annex: 1), give a risk warning and ask them to take necessary rectification measures.
If the People's Bank of China and its branches find that financial institutions are suspected of violating anti-money laundering regulations and the circumstances are serious, they shall conduct on-site inspections in time.
Article 20 The People's Bank of China and its branches may confirm and verify the statutory regulatory matters with financial institutions by telephone or written inquiry if they need further confirmation.
Article 21 When inquiring about financial institutions, the People's Bank of China and its branches shall fill in the Anti-Money Laundering Supervision and Approval Form (Annex 2), and notify the questioned financial institutions by telephone or in writing after being approved by the department heads. In case of written inquiry, the anti-money laundering supervision notice (Annex 3) shall be filled in and delivered to the inquired institution.
Financial institutions shall reply within 5 working days from the date of learning or receiving the Anti-Money Laundering Supervision Notice.
Article 22 The People's Bank of China and its branches shall fill in the Anti-Money Laundering Supervision Record (Annex 4) after receiving the reply from financial institutions to telephone or written questions.
Article 23 The People's Bank of China and its branches may meet with directors and senior managers of financial institutions, have warning talks on important matters, or ask them to make explanations on important matters of financial institutions' anti-money laundering obligations.
Article 24 Before meeting the directors and senior managers of financial institutions, the People's Bank of China and its branches shall fill in the Approval Form for Anti-Money Laundering Supervision and Notice, which shall be examined and approved by the president (director) or the competent deputy president (deputy director) of the bank (department).
The Anti-Money Laundering Supervision Notice shall be delivered to the interviewed institution two working days in advance to inform the other party of the conversation content, participants, time and place, etc.
Article 25 The treaty talks shall be presided over by the leaders in charge of the People's Bank of China or its branches or the head of the anti-money laundering management department, with at least two anti-money laundering supervisors participating.
Article 26 After the conversation, the anti-money laundering staff of the People's Bank of China or its branches shall fill in the Anti-money Laundering Supervision Record, which shall be signed by the interviewee for confirmation.
Chapter IV On-site Inspection
Article 27 The People's Bank of China and its branches may conduct on-site inspection of financial institutions' performance of anti-money laundering obligations in accordance with legal procedures.
Article 28 The People's Bank of China and its branches shall conduct on-site anti-money laundering inspections in accordance with existing anti-money laundering laws, regulations and rules, and follow the Provisions of the People's Bank of China on Law Enforcement Inspection Procedures (promulgated by DecreeNo. 1 of the People's Bank of China). Where administrative punishment is involved, it shall be in accordance with the Provisions of the People's Bank of China on Administrative Punishment Procedures (Order No.3 of the People's Bank of China [200 1]).
Article 29 The People's Bank of China and its branches shall scientifically allocate supervision power and conduct on-site inspection in a standardized and effective manner.
The People's Bank of China and its branches should strengthen the project management of on-site inspection and earnestly strengthen the key supervision of the following institutions:
(1) Institutions involved in money laundering cases;
(2) Institutions with more risk factors;
(3) institutions with unknown working conditions;
(4) institutions with low anti-money laundering effectiveness;
(five) other institutions that should be supervised.
Article 30 On-site inspection of corporate financial institutions should focus on the construction of anti-money laundering system, organizational structure and post setting, system design and development, effectiveness of anti-money laundering mechanism, etc., and focus on finding and solving institutional, systematic and executive problems with high risks, so as to grasp and promote the compliance and effectiveness of anti-money laundering work of financial institutions as a whole.
Article 31 The on-site inspection of unincorporated financial institutions shall focus on the implementation and enforcement of anti-money laundering system, the effectiveness of anti-money laundering measures, the quality of suspicious transaction reports and the cooperation with the anti-money laundering work of the People's Bank of China.
Article 32 If a branch of the People's Bank of China finds important problems and systematic defects involving the headquarters of a corporate financial institution, or highlights violations of laws and regulations and imposes administrative penalties according to law, it shall promptly notify the branch of the People's Bank of China or the People's Bank of China where the corporate financial institution is located.
Chapter V Other Regulatory Measures Article 33 The People's Bank of China and its branches may conduct on-the-spot investigation and policy guidance in financial institutions by means of supervision visits, etc. in order to solve the outstanding problems in the statutory regulatory matters on anti-money laundering, or to verify and understand the key situation in a certain aspect.
Article 34 The People's Bank of China and its branches shall fill in the Anti-Money Laundering Supervision Approval Form and the Anti-Money Laundering Supervision Notice before visiting financial institutions. The supervision visit conducted in the name of the institution at the corresponding level shall be approved by the president (director) or the competent vice president (deputy director) of the bank (department); The supervision visit in the name of the anti-money laundering management department shall be approved by the department head or his superior leader.
The Anti-Money Laundering Supervision Notice shall be delivered to the relevant financial institutions two working days in advance to inform them of the purpose of the supervision visit and the matters that need to be understood and verified.
Article 35 When conducting supervision and inspection, the anti-money laundering staff of the People's Bank of China and its branches shall not be less than two, and show their legal certificates.
Article 36 The People's Bank of China and its branches shall provide targeted supervision guidance on the problems found in the supervision visit and make necessary policy guidance.
After the supervision visit, the anti-money laundering staff of the People's Bank of China or its branches shall fill in the Anti-money Laundering Supervision Record.
Article 37 A corporate financial institution shall establish a risk self-assessment system, regularly analyze and judge the internal and external money laundering risks of the institution according to the risk-oriented principle, evaluate the effectiveness of the risk prevention and control mechanism of the institution, find out the risk loopholes and weak links, and take targeted risk response measures.
Financial institutions shall promptly report the results and materials of risk self-assessment to the People's Bank of China or its branches.
Article 38 The People's Bank of China and its branches may conduct risk assessment on financial institutions according to their self-assessment results.
The People's Bank of China and its branches shall fill in the Anti-Money Laundering Supervision Approval Form and the Anti-Money Laundering Supervision Notice when conducting risk assessment, and deliver the Anti-Money Laundering Supervision Notice to the assessed financial institution at least five working days in advance after being approved by the president (director) or the competent vice president (deputy director) of the bank (department).
The People's Bank of China and its branches may require the assessed institution to provide necessary data or collect necessary information on site to meet the assessment needs. The People's Bank of China and its branches shall have at least two anti-money laundering staff when conducting on-site assessment, and present the Notice of Anti-money Laundering Supervision and legal documents.
Article 39 The People's Bank of China and its branches may determine the specific scope and content of the assessment according to the regulatory needs, and explore the establishment of a reasonable and effective risk assessment index system according to the characteristics of corporate financial institutions.
Article 40 The People's Bank of China and its branches shall, on the basis of fully understanding the situation, objectively judge the risk status of corporate financial institutions, evaluate the compliance and effectiveness of anti-money laundering work, draw evaluation conclusions, put forward guiding rectification opinions on existing problems, and form anti-money laundering supervision opinions.
Chapter VI Supplementary Provisions Article 41 The branches above the sub-provincial city center branch of the People's Bank of China shall prepare an annual anti-money laundering supervision report, focusing on summarizing the annual anti-money laundering supervision activities in their respective jurisdictions, discovering and handling major problems, punishing illegal institutions and personnel, and refining the work results, and submit it to the People's Bank of China within 30 days after the end of the year.
Article 42 The branches of the People's Bank of China as mentioned in these Measures include the Shanghai headquarters, branches, business management departments, provincial capital city center branches, sub-provincial city center branches, prefecture (city) center branches and county (city) branches of the People's Bank of China.
The term "anti-money laundering reporting institution" as mentioned in these Measures refers to the highest jurisdiction or lead institution of financial institutions and non-financial institutions within the jurisdiction of the People's Bank of China and its branches, including corporate institutions and some unincorporated institutions.
The term "domestic branches of financial institutions" as mentioned in these Measures includes branches at all levels established by financial institutions in China. Overseas branches of domestic financial institutions include wholly-owned subsidiaries, holding companies and overseas offices established by financial institutions overseas (countries or regions).
Article 43 These Measures shall apply to payment institutions, bank card organizations, capital settlement Center and institutions engaged in foreign exchange business and fund sales business.
Article 44 The People's Bank of China shall be responsible for the interpretation of these Measures.
Article 45 These Measures shall be implemented as of the date of promulgation. Before the implementation of these measures, if the relevant anti-money laundering provisions are inconsistent with these measures, these measures shall prevail. Measures for Off-site Supervision of Anti-Money Laundering (Trial) (Yinfa [2007] No.254) and Measures for On-site Inspection of Anti-Money Laundering (Trial) (Yinfa [2007] 175) shall be abolished at the same time.
Attachment: 1 Anti-money laundering supervision opinions
2. Anti-money laundering supervision and approval form
3. Anti-money laundering supervision notice
4. Anti-money laundering regulatory records
(See the website of China People's Bank for details. )