Chairman: Zhou Xiaochuan
November 14th, 2006
Measures for the administration of large-value transactions and suspicious transaction reports of financial institutions
Article 1 These Measures are formulated in accordance with the Anti-Money Laundering Law of People's Republic of China (PRC), the Law of the People's Republic of China on the People's Bank of China and other relevant laws and administrative regulations in order to prevent the use of financial institutions to engage in money laundering activities and standardize the reports of large-value transactions and suspicious transactions of financial institutions.
Article 2 These Measures shall apply to the following financial institutions legally established within the territory of People's Republic of China (PRC):
(1) Commercial banks, urban credit cooperatives, rural credit cooperatives, postal savings and remittance institutions and policy banks.
(2) Securities companies, futures brokerage companies and fund management companies.
(3) Insurance companies and insurance asset management companies.
(4) Trust and investment 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 the reporting of large transactions and suspicious transactions by institutions engaged in exchange business, payment and settlement business and fund sales business.
Article 3 The People's Bank of China and its branches shall supervise and inspect the reports of large-value transactions and suspicious transactions of financial institutions.
Article 4 The People's Bank of China shall set up the China Anti-Money Laundering Monitoring and Analysis Center, which shall be responsible for receiving reports on large transactions and suspicious transactions in RMB and foreign currencies.
China Anti-Money Laundering Monitoring and Analysis Center finds that the contents of the large-value transaction report or suspicious transaction report submitted by financial institutions are incomplete or erroneous, it can issue a correction notice to the financial institutions that submitted the report, and the financial institutions shall make corrections within 5 working days after receiving the correction notice.
Article 5 A financial institution shall set up a special anti-money laundering post, and clearly designate a person to be responsible for reporting large-value transactions and suspicious transactions.
Financial institutions shall, in accordance with these Measures, formulate internal management systems and operating procedures for reporting large-value transactions and suspicious transactions, and report them to the People's Bank of China for the record.
Financial institutions shall supervise and manage the implementation of the reporting system for large-value transactions and suspicious transactions of their subordinate branches.
Article 6 Financial institutions and their staff shall keep suspicious transaction reports confidential and shall not provide them to any unit or individual in violation of regulations.
Article 7 A financial institution shall, within 5 working days after the occurrence of a large-value transaction, submit a large-value transaction report to China Anti-Money Laundering Monitoring and Analysis Center by electronic means through its headquarters or its designated institution. If there is no headquarters or it is impossible to submit large transactions to China Anti-Money Laundering Monitoring and Analysis Center through the headquarters and the institutions designated by the headquarters, the reporting method shall be separately determined by the People's Bank of China.
Large transactions conducted by customers through accounts or bank cards opened in domestic financial institutions shall be reported by the opening financial institution or the issuing bank; Large transactions made by customers through overseas bank cards shall be reported by the acquiring bank; Large-value transactions made by customers other than through accounts or bank cards shall be reported by financial institutions that handle business.
Article 8 Financial institutions shall report suspicious transactions to the headquarters, and the headquarters of financial institutions or institutions designated by the headquarters shall submit them to China Anti-Money Laundering Monitoring and Analysis Center electronically within 10 working days after suspicious transactions occur. If there is no headquarters or it is impossible to submit suspicious transactions to China Anti-Money Laundering Monitoring and Analysis Center through the headquarters and the institutions designated by the headquarters, the reporting method shall be separately determined by the People's Bank of China.
Article 9 Financial institutions shall report the following large-value transactions to China Anti-Money Laundering Monitoring and Analysis Center:
(1) Cash receipt and payment in the form of cash deposit, cash withdrawal, cash settlement and sale, cash remittance, cash bill payment, etc. for single or accumulated RMB transactions of more than 200,000 yuan or foreign currency transactions with the equivalent value of more than 65,438+0,000 dollars.
(2) Transfer of funds between bank accounts of legal persons, other organizations and individual industrial and commercial households, or foreign currency with a cumulative amount of more than 2 million yuan or equivalent of more than 200,000 US dollars on that day.
(3) Fund transfer between bank accounts of natural persons, and between natural persons and bank accounts of legal persons, other organizations and individual industrial and commercial households, with a single or cumulative amount of more than RMB 500,000 yuan or equivalent foreign currency of more than USD 6,543,800.
(4) Cross-border transactions in which one party to the transaction is a natural person, with a single transaction or a cumulative equivalent of more than $654.38 million on the same day.
The cumulative transaction amount is calculated and reported unilaterally according to the income or payment of funds, except as otherwise provided by the People's Bank of China.
Customers conduct financial transactions with securities companies, futures brokerage companies, fund management companies, insurance companies, insurance asset management companies, trust and investment companies, financial asset management companies, finance companies, financial leasing companies, auto finance companies, money brokerage companies, etc. And transfer funds through bank accounts, commercial banks, urban credit cooperatives, rural credit cooperatives, postal savings and remittance institutions and policy banks.
The People's Bank of China may adjust the standards for large-value transactions as stipulated in the first paragraph according to needs.