Chapter I General Provisions
Rule number one In order to prevent money laundering and terrorist financing activities, standardize customer identification, customer identification data and transaction records of financial institutions, and maintain financial order, these Measures are formulated in accordance with the provisions of the Anti-Money Laundering Law of People's Republic of China (PRC) and other laws and administrative regulations.
Rule number two These Measures shall apply to the following financial institutions established in People's Republic of China (PRC) according to law:
(1) Policy banks, commercial banks, rural cooperative banks, urban credit cooperatives and rural credit cooperatives.
(2) Securities companies, futures companies and fund management companies.
(3) Insurance companies and insurance asset management companies.
(4) Trust companies, financial asset management companies, finance companies, financial leasing companies, auto financing companies and money brokerage companies.
(5) Other financial institutions determined and announced by the People's Bank of China.
These Measures shall apply to institutions engaged in exchange business, payment and clearing business and fund sales business in fulfilling the obligations of customer identification, customer identity data and transaction record keeping.
Rule three. Financial institutions should be diligent, establish and implement a customer identification system, follow the principle of "know your customer", and take corresponding measures for customers, business relationships or transactions with different risk characteristics of money laundering or terrorist financing, so as to know the customers, the purpose and nature of the transactions, and the natural persons who actually control the customers and the actual beneficiaries of the transactions.
Financial institutions shall, in accordance with the principles of safety, accuracy, integrity and confidentiality, properly keep customer identification data and transaction records, and ensure that each transaction can be fully copied, so as to provide information needed for identifying customers, monitoring and analyzing transactions, investigating suspicious transaction activities and investigating money laundering cases.
Article 4? Financial institutions shall, in accordance with anti-money laundering and anti-terrorist financing laws and regulations, establish and improve internal operating rules such as customer identification, customer identity data and transaction record keeping, designate special personnel to be responsible for compliance management of anti-money laundering and anti-terrorist financing, rationally design business processes and operating rules, conduct internal audits on a regular basis, assess whether the internal operating rules are sound and effective, and revise and improve relevant systems in a timely manner.
Article 5? Financial institutions shall supervise and manage the implementation of customer identification system, customer identification data and transaction record keeping system by their branches.
The headquarters of financial institutions and group headquarters should make unified requirements for customer identification, customer identity data and transaction records.
Financial institutions shall require their overseas branches and subsidiaries to implement the relevant requirements of these Measures within the scope permitted by the laws and regulations of the host country (region). Where the host country (region) has stricter requirements, its provisions shall prevail. If the requirements of these Measures are stricter than the relevant provisions of the host country (region), but the laws of the host country (region) prohibit or restrict the implementation of these Measures by overseas branches and subsidiaries, financial institutions shall report to the People's Bank of China.
Article 6? When establishing correspondent bank or similar business relationship with overseas financial institutions, financial institutions should fully collect the business, reputation, internal control and supervision information of overseas financial institutions, evaluate the soundness and effectiveness of anti-money laundering supervision and anti-money laundering and anti-terrorist financing measures of overseas financial institutions, and clarify in writing the responsibilities of this financial institution and overseas financial institutions in customer identification, customer identity information and transaction record preservation.
The establishment of correspondent bank or similar business relationship between financial institutions and overseas financial institutions shall be approved by the board of directors or other senior management. [4]?
Chapter II Customer Identification System
Article 7? Policy banks, commercial banks, rural cooperative banks, urban credit cooperatives, rural credit cooperatives and other financial institutions and institutions engaged in remittance business establish business relationships with customers by opening accounts and provide one-time financial services such as cash remittance, cash exchange and bill payment. Customers who have not opened an account with this institution, and the transaction amount exceeds RMB 65,438+0000 or the equivalent foreign currency exceeds USD 65,438+0000. We should identify the identity of the customer, know the natural person who actually controls the customer and the actual beneficiary of the transaction, and check the valid identity documents or other identity documents of the customer and their copies.
If the customer is a foreign politician, the opening of an account by a financial institution should be approved by the senior management.
Article 8? Commercial banks, rural cooperative banks, urban credit cooperatives, rural credit cooperatives and other financial institutions shall examine their valid identity documents or other identification documents when handling cash deposit and withdrawal business of RMB 50,000 yuan or more or the equivalent of US$ 65,438+0,000 or more for natural person customers.
Article 9? When providing safe deposit box services, financial institutions should know the actual users of safe deposit boxes.
Article 10? Policy banks, commercial banks, rural cooperative banks, urban credit cooperatives, rural credit cooperatives and other financial institutions and institutions engaged in remittance business shall register the name, account number and domicile of the remitter and the name and domicile of the payee, keep the above information in remittance vouchers or related information systems, and provide the remitter's name, account number and domicile to overseas institutions that receive remittances. If the remitter has not opened an account with the financial institution and the financial institution cannot register the remitter's account number, it can register and provide other relevant information to the overseas institution that receives the remittance to ensure that the transaction can be tracked and audited. If the domicile of the overseas payee is unclear, the financial institution may register the name of the location of the overseas institution that receives the remittance.
Financial institutions that receive overseas remittances shall require overseas institutions to supplement any one of the three items of information: the remitter's name, the remitter's account number and the remitter's residence. If the remitter has not opened an account with an overseas institution that handles remittance business, and the domestic financial institution that receives remittance cannot register the remitter's account, other relevant information can be registered to ensure that the transaction can be tracked and audited. If the domicile of the overseas remitter is unclear, the domestic financial institution may register the name of the place where the funds are remitted.
Article 11? Securities companies, futures companies, fund management companies and other institutions engaged in fund sales business shall identify customers, know the natural persons who actually control customers and the actual beneficiaries of transactions, check the valid identity documents or other identity documents of customers, register the basic information of customer identity, and keep a copy of the valid identity documents or other identity documents:
(1) Opening, closing, alteration, deposit and withdrawal of capital accounts, etc.
(2) Opening a capital account.
(3) Handling the opening, loss reporting and cancellation of securities accounts or the application, loss reporting and cancellation of trading codes of futures customers.
(4) Signing futures brokerage contracts with clients.
(five) to handle the agency authorization or cancel the agency authorization for customers.
(6) Transfer custody, designated transaction and cancellation of designated transaction.
(7) Confirmation of proxy shares.
(8) Report the loss of transaction password.
(nine) modify the customer identity and other basic information materials.
(ten) the opening of online transactions, telephone transactions and other non counter transactions.
(eleven) to sign credit transaction contracts with customers such as margin financing and securities lending.
(twelve) to handle other businesses as determined by the People's Bank of China and the China Securities Regulatory Commission.
Article 12? Property insurance contracts with an insurance amount of more than RMB 65,438+00000 or an equivalent foreign currency of more than USD 65,438+0000 and paid in cash, life insurance contracts with an insurance amount of more than RMB 20,000 or an equivalent foreign currency of more than USD 2,000 and paid in cash, and insurance contracts with an insurance premium of more than RMB 200,000 or an equivalent foreign currency of more than USD 20,000 and paid by transfer, When concluding an insurance contract, an insurance company shall confirm the relationship between the applicant and the insured, check the valid identity documents or other identification documents of the designated beneficiaries other than the applicant, the insured and their legal heirs, register the basic identity information of the designated beneficiaries other than the applicant, the insured and their legal heirs, and keep copies or photocopies of the valid identity documents or other identification documents.
Article 13 If the cash value of the refunded insurance premium or the refunded insurance policy exceeds RMB 65,438+0,000 or the equivalent foreign currency exceeds US$ 65,438+0,000 when a customer applies to cancel an insurance contract, the insurance company shall require the applicant to show the original insurance contract or insurance certificate, check the applicant's valid identity certificate or other identification documents, and confirm the identity of the applicant.
Article 14 When the insured or beneficiary requests compensation or payment of insurance money from an insurance company, if the amount exceeds RMB 65,438+0,000 or the equivalent foreign currency exceeds USD 65,438+0,000, the insurance company shall check the valid identity documents or other identity documents of the insured or beneficiary, confirm the relationship between the insured, beneficiary and the applicant, register the basic information of the insured and beneficiary, and keep the valid identity documents or other identity documents.
Article 15 When establishing a trust, a trust company shall examine the valid identity certificate or other identification documents of the trustor, know the source of the trust property, register the basic information of the trustor and beneficiary, and keep a copy of the valid identity certificate or other identification documents of the trustor.
Article 16 Financial asset management companies, finance companies, financial leasing companies, auto finance companies, money brokerage companies, insurance asset management companies and other financial institutions determined by the People's Bank of China shall check the valid identity documents or other identification documents of customers when signing financial business contracts with them, register the basic information of customers, and keep copies or photocopies of the valid identity documents or other identification documents.
Article 17? When financial institutions provide off-counter services to customers by telephone, Internet, ATM, etc., they should implement strict identity authentication measures, take corresponding technical support measures, strengthen internal management procedures, and identify customers.
Article 18? Financial institutions should classify the risk level according to the characteristics of customers or account attributes, and consider factors such as region, business, industry and whether customers are foreign dignitaries, and adjust the risk level in a timely manner on the basis of continuous concern. Under the same conditions, the risk level of customers from countries (regions) with weak anti-money laundering and anti-terrorist financing supervision should be higher than those from other countries (regions).
Financial institutions should regularly review the basic information of their customers according to their risk levels, and the review of customers or accounts with higher risk levels should be stricter than those with lower risk levels. Audit at least 1 time every six months for the customers or accounts with the highest risk level of this financial institution.
The risk classification standards of financial institutions shall be submitted to the People's Bank of China.
Article 19 During the business relationship with customers, financial institutions should take continuous customer identification measures, pay attention to customers and their daily business activities and financial transactions, and prompt customers to update information in time.
For high-risk customers or high-risk account holders, financial institutions should know their sources of funds, uses of funds, economic conditions or operating conditions, and strengthen the monitoring and analysis of their financial transactions. If the customer is a foreign politician, financial institutions should take reasonable measures to understand the source and use of their funds.
If the identity certificate or identity certificate previously submitted by the customer has expired, and the customer fails to update it within a reasonable period of time without giving a reasonable reason, the financial institution shall stop handling business for the customer.
Article 20? Financial institutions should confirm the existence of agency relationship in a reasonable way. In accordance with the relevant requirements of these Measures, when taking customer identification measures against the client, the valid identity certificate or identity certificate of the agent shall be examined, and the name, contact information, type and number of the identity certificate or identity certificate of the agent shall be registered.
Article 21? If a financial institution other than a trust company knows or should know that the client's funds or property belong to trust property, it shall ascertain the identities of the parties to the trust relationship and register the names and contact information of the trustor and beneficiary.
Article 22? In the following cases, financial institutions should re-identify customers:
(1) The customer requests to change its name, identity document or type, identity document number, registered capital, business scope, legal representative or person in charge.
(2) Abnormal customer behavior or transaction.
(3) The customer's name is the same as that of a criminal suspect, money launderer or terrorist financier who is required by relevant departments, institutions and judicial organs in the State Council to investigate or pay attention to according to law.
(4) The customer is suspected of money laundering or terrorist financing activities.
(5) The customer information obtained by the financial institution is inconsistent or contradictory with the relevant information previously mastered.
(6) Have doubts about the authenticity, validity and integrity of the customer identity information obtained before.
(7) Other circumstances in which the financial institution considers that the customer's identity should be re-identified.
Article 23? In addition to checking valid identity documents or other identification documents, financial institutions may take one or more of the following measures to identify or re-identify customers:
(1) Asking customers to supplement other identity documents or identification certificates.
(2) pay a return visit to customers.
(3) field trip.
(four) public security, industry and commerce administration and other departments to verify.
(5) Other measures that can be taken according to law.
When performing the obligation of customer identification, banking financial institutions need to check the identity cards of relevant natural persons according to the provisions of laws, administrative regulations or departmental rules, and shall do so through the online citizen identity verification information system established by the People's Bank of China. Other financial institutions can verify the citizenship information of natural persons through the online citizenship information system established by the People's Bank of China.
Article 24? When a financial institution entrusts other financial institutions to sell financial products to customers, it shall specify the responsibilities of both parties in customer identification in the entrustment agreement, provide necessary assistance to each other, and take effective customer identification measures accordingly.
When the following conditions are met, financial institutions can rely on the customer identification results provided by financial institutions selling financial products, and will not repeat the completed customer identification procedures, but they should still bear the responsibility for failing to fulfill their customer identification obligations:
(1) The customer identification measures adopted by financial institutions in selling financial products meet the requirements of anti-money laundering laws, administrative regulations and these Measures.
(2) Financial institutions can effectively obtain and save customer identity information.
Article 25? A financial institution that entrusts a third party other than itself to identify customers shall meet the following requirements:
(1) It can prove that the third party has taken necessary customer identification and identity data preservation measures in accordance with the requirements of anti-money laundering laws, administrative regulations and these Measures.
(2) There are no legal system and technical obstacles for third parties to provide customer information for this financial institution.
(3) When handling business, this financial institution can immediately obtain the customer information provided by a third party, and when necessary, it can also obtain the original, copy or photocopy of the customer's valid identity certificate and identity certificate from a third party.
If a third party is entrusted to perform the obligation of customer identification, the financial institution shall bear the responsibility for failing to perform the obligation of customer identification.
Article 26? Financial institutions shall report the following suspicious behaviors to the China Anti-Money Laundering Monitoring and Analysis Center and the local branches of the People's Bank of China when performing the obligation of customer identification:
(1) The customer refuses to provide valid identity documents or other identification documents.
(2) After making a request to the overseas institution that remitted the funds, it is impossible to completely obtain the remitter's name, remitter's account number, remitter's residence and other relevant alternative information.
(3) The customer refuses to update the basic information of the customer without justifiable reasons.
(four) after taking necessary measures, still doubt the authenticity, validity and integrity of the previously obtained customer identity information.
(5) Other suspicious behaviors found during the performance of customer identification obligations.
Financial institutions shall report the above suspicious behaviors with reference to the Measures for the Administration of Large-value Transactions and Suspicious Transactions Reports of Financial Institutions (Order No.2 of the People's Bank of China in 2006) and relevant regulations. [5]?
Chapter III Preservation of Customer Identity Data and Transaction Records
Article 27? The customer identity information that financial institutions should keep includes customer identity information and materials, as well as various records and materials reflecting the customer identity identification work carried out by financial institutions.
The transaction records that financial institutions should keep include data information, business vouchers and account books of each transaction, as well as contracts, business vouchers, documents, business letters and other materials that reflect the real situation of the transaction as required by relevant regulations.
Article 28? Financial institutions shall take necessary management measures and technical measures to prevent the loss or damage of customer identity information and transaction records, and prevent the disclosure of customer identity information and transaction information.
Financial institutions should take practical measures to keep customer identity information and transaction records, so as to facilitate anti-money laundering investigation, supervision and management.
Article 29? Financial institutions shall keep customer identity information and transaction records according to the following time limits:
(1) Customer identity information shall be kept for at least 5 years from the year when the business relationship ends or the year when the one-time transaction is recorded.
(2) The transaction records shall be kept for at least 5 years from the year when the transaction is recorded.
If the customer identity information and transaction records are related to suspicious transactions in the anti-money laundering investigation, and the anti-money laundering investigation has not been completed at the expiration of the minimum retention period specified in the preceding paragraph, the financial institution shall keep them until the anti-money laundering investigation is completed.
If there are customer identity data or transaction records with different retention periods on the same medium, they shall be kept for the longest period. If the same customer identity data or transaction records are stored in different media, the customer identity data or transaction records in 1 media shall be stored at least according to the above time limit.
Where laws, administrative regulations and other rules require a longer retention period for customer identity data and transaction records, such provisions shall prevail.
Article 30? When a financial institution goes bankrupt or disbands, it shall hand over the customer identity data and transaction records to the institutions designated by China Banking Regulatory Commission, China Securities Regulatory Commission or China Insurance Regulatory Commission. [ 1]?
Chapter IV Legal Liability
Article 31? Financial institutions that violate these measures shall be punished by the People's Bank of China in accordance with Articles 31 and 32 of the Anti-Money Laundering Law of People's Republic of China (PRC); According to different situations, we suggest that CBRC, CSRC or CIRC take the following measures:
(1) Ordering financial institutions to suspend business for rectification or revoke their business licenses.
(two) cancel the qualifications of directors, senior managers and other directly responsible personnel of financial institutions, and prohibit them from engaging in work related to the financial industry.
(3) Ordering financial institutions to impose disciplinary sanctions on directors, senior managers and other directly responsible personnel.
The county (city) sub-branch of the People's Bank of China shall report to the branch of the People's Bank of China at the next higher level when it finds that a financial institution violates these measures, and it shall be punished or put forward suggestions in accordance with the provisions of the preceding paragraph. [3]?
Chapter V Supplementary Provisions
Article 32? These Measures shall not apply to the obligation of customer identification when an insurance company handles reinsurance business.
Article 33? The following terms in these Measures have the following meanings:
The "basic identity information" of a natural person customer includes the customer's name, gender, nationality, occupation, address of residence or work unit, contact information, type, number and expiration date of identity documents. If the customer's domicile and habitual residence are inconsistent, it shall be registered with the customer's habitual residence.
The "basic identity information" of customers of legal persons, other organizations and individual industrial and commercial households includes the customer's name, domicile, business scope, organization code and tax registration certificate number code; The name, number and validity period of the license, certificate or document that can prove that the customer is legally established or can carry out business and social activities according to law; The name, identity certificate, type, quantity and validity period of the controlling shareholder or actual controller, legal representative, responsible person and authorized business personnel.
Article 34? These Measures shall be interpreted by the People's Bank of China in conjunction with the CBRC, CSRC and CIRC.
Article 35? These Measures shall be implemented as of August 6, 2007.
The Measures for the Administration of Customer Identification, Customer Identity Data and Transaction Records of Financial Institutions (hereinafter referred to as the Measures) aims at preventing money laundering and terrorist financing activities, standardizing customer identification, customer identity data and transaction records of financial institutions, and maintaining financial order. According to the provisions of People's Republic of China (PRC) Anti-Money Laundering Law and other laws and administrative regulations, it was formulated by the People's Bank of China (hereinafter referred to as PBOC), China Banking Regulatory Commission (hereinafter referred to as CBRC), China Securities Regulatory Commission (hereinafter referred to as CSRC) and China Insurance Regulatory Commission (hereinafter referred to as CIRC), and was promulgated on June 2, 2007 1 day, since August 2007/.
The Measures are divided into five chapters and 35 articles: general rules, customer identification system, preservation of customer identification data and transaction records, legal responsibilities and supplementary rules. Applicable to policy banks, commercial banks, rural cooperative banks, urban credit cooperatives, rural credit cooperatives, securities companies, futures companies, fund management companies, insurance companies, insurance asset management companies, trust companies, financial asset management companies, finance companies, financial leasing companies, auto finance companies, money brokerage companies and other financial institutions determined and announced by the People's Bank of China.