Article 1 These Measures are formulated in accordance with the Anti-Money Laundering Law of People's Republic of China (PRC), the People's Bank of China Law of the People's Republic of China, the Anti-Terrorism Law of People's Republic of China (PRC) and other laws and regulations in order to urge financial institutions to earnestly fulfill their anti-money laundering and anti-terrorist financing obligations and standardize their supervision and management behaviors.
Article 2 These Measures shall apply to the following financial institutions legally established within the territory of People's Republic of China (PRC):
(1) Development financial institutions, policy banks, commercial banks, rural cooperative banks, rural credit cooperatives and village banks;
(2) Securities companies, futures companies and securities investment fund management companies.
(3) Insurance companies and insurance asset management companies;
(4) Trust companies, financial asset management companies, enterprise group finance companies, financial leasing companies, auto finance companies, consumer finance companies, money brokerage companies, loan companies and bank financing subsidiaries;
(5) Other financial institutions determined and announced by the People's Bank of China that should perform anti-money laundering and anti-terrorist financing obligations.
Non-bank payment institutions, bank card clearing institutions, fund settlement centers, online microfinance companies and institutions engaged in exchange business, fund sales business, insurance professional agents and insurance brokerage business shall be governed by the provisions of these Measures on the supervision and administration of financial institutions.
Article 3 The People's Bank of China and its branches shall supervise and manage the anti-money laundering and anti-terrorist financing of financial institutions according to law.
Article 4 Financial institutions shall establish and improve the internal control system for anti-money laundering and anti-terrorist financing in accordance with regulations, assess the risks of anti-money laundering and anti-terrorist financing, establish a risk management mechanism suitable for the risk situation and business scale, establish an anti-money laundering information system, set up or designate departments with corresponding personnel, and earnestly fulfill their anti-money laundering and anti-terrorist financing obligations.
Article 5 Customer identity data and transaction information obtained by performing anti-money laundering and anti-terrorist financing duties or obligations according to law shall be kept confidential, and shall not be provided to the outside world except as provided by law.
Chapter II Internal Control and Risk Management of Anti-money Laundering and Anti-terrorist Financing of Financial Institutions
Article 6 Financial institutions shall, in accordance with the provisions, establish and improve the internal control system for anti-money laundering and anti-terrorist financing in combination with the business scale and the risk status of money laundering and terrorist financing.
Article 7 A financial institution shall establish a self-assessment system for the risk of money laundering and terrorist financing at the headquarters level, regularly or irregularly assess the risk of money laundering and terrorist financing, and submit the self-assessment information to the local branches of the People's Bank of China or the People's Bank of China within 65,438+00 working days from the date of approval by the board of directors or senior management.
The self-assessment of money laundering and terrorist financing risks of financial institutions should be adapted to the business scale and business characteristics of the institutions, and the types and changes of risk factors such as customers, regions, businesses and trading channels should be fully considered. And absorb and apply the National Anti-Money Laundering and Terrorist Financing Risk Assessment Report, the guidelines of regulatory agencies and self-regulatory organizations, etc. Financial institutions should conduct money laundering and terrorist financing risk assessment before adopting new technologies, launching new businesses or providing new products and services, or when faced with major changes in the risk of money laundering or terrorist financing.
Financial institutions should regularly review and continuously optimize the risk assessment workflow and index system of money laundering and terrorist financing.
Article 8 A financial institution shall, according to its business scale and the identified risk status of money laundering and terrorist financing, formulate corresponding risk management policies with the approval of the board of directors or senior management, and make timely adjustments according to the changes in risk status and the implementation of control measures.
Financial institutions should incorporate the risk management of money laundering and terrorist financing into their comprehensive risk management system, covering all business activities and management processes; In view of the identified high-risk situations, strengthening measures should be taken to manage and reduce risks; For the identified low-risk situations, simplified measures can be taken; Beyond the risk control ability of financial institutions, they may not establish business relations or conduct transactions with customers. If a business relationship has been established, you should suspend the transaction and consider submitting a suspicious transaction report, and terminate the business relationship if necessary.
Article 9 Financial institutions shall set up special departments or designate internal departments to take the lead in anti-money laundering and anti-terrorist financing management.
Financial institutions should clarify the anti-money laundering and anti-terrorist financing responsibilities of the board of directors, the board of supervisors, senior management and relevant departments, and establish corresponding performance appraisal and reward and punishment mechanisms.
Financial institutions shall appoint or authorize a senior manager to be responsible for the management of anti-money laundering and anti-terrorist financing, and take reasonable measures to ensure that they can work independently and fully obtain the authority and resources needed to perform their duties.
Financial institutions shall, according to their own business scale, risk status of money laundering and terrorist financing and business development trend, equip enough anti-money laundering personnel, take appropriate measures to ensure that the qualifications, experience, professional quality and professional ethics of anti-money laundering personnel meet the requirements, and formulate continuous anti-money laundering and anti-terrorist financing training plans.
Article 10 Financial institutions shall establish and improve relevant information systems according to the needs of anti-money laundering and anti-terrorist financing, and optimize and upgrade them in time according to the risk situation and the changes of anti-money laundering and anti-terrorist financing needs.
Article 11 A financial institution shall establish an audit mechanism for anti-money laundering and anti-terrorist financing, and review the formulation and implementation of the internal control system for anti-money laundering and anti-terrorist financing through internal audit or independent audit. The audit shall follow the principle of independence and cover all branches and holding subsidiaries at home and abroad. The scope, mode and frequency of the audit shall be suitable for the business scale of the institution and the risks of money laundering and terrorist financing, and the audit report shall be submitted to the board of directors or its authorized special committee.
Article 12 A financial institution shall formulate a unified anti-money laundering and anti-terrorist financing mechanism arrangement at the headquarters level, including the systems and processes for enjoying anti-money laundering and anti-terrorist financing information such as customer due diligence, money laundering and terrorist financing risk management, and ensure that all branches and holding subsidiaries can effectively implement them according to their own business characteristics.
When enjoying and using anti-money laundering and anti-terrorist financing information, financial institutions should provide information according to law to prevent information from leaking.
Thirteenth financial institutions shall require their overseas branches and holding subsidiaries to implement these measures within the scope permitted by the laws of the host country (region); Where the host country (region) has stricter requirements, its provisions shall prevail.
The requirements of these Measures are stricter than those of the host country (region), but if the laws of the host country (region) prohibit or restrict the implementation of these Measures by overseas branches and holding subsidiaries, financial institutions shall take appropriate supplementary measures to deal with the risks of money laundering and terrorist financing, and report to the People's Bank of China.
Article 14 A financial institution shall, in accordance with the relevant requirements of the internal control system and risk management mechanism, perform the obligations of customer due diligence, keeping customer identity information and transaction records, reporting large-value transactions and suspicious transactions.
Fifteenth financial institutions shall submit anti-money laundering and anti-terrorist financing information in accordance with the provisions of the People's Bank of China. Financial institutions shall be responsible for the authenticity, integrity and validity of relevant information.
Article 16 Where there is a branch or holding subsidiary abroad, the headquarters of a domestic financial institution shall report to the People's Bank of China or the branch of the People's Bank of China where it is located every year on the supervision of the overseas branch or holding subsidiary in the country (region) where it is located.
Seventeenth in any of the following circumstances, financial institutions shall timely report to the people's Bank of China or the branch of the people's Bank of China in accordance with the provisions:
(1) Formulating or revising the main internal control systems for anti-money laundering and anti-terrorist financing;
(2) Adjustment of the senior managers, leading management departments or department principals who take the lead in anti-money laundering and anti-terrorist financing;
(3) Major risk events of anti-money laundering and anti-terrorist financing occur;
(4) Overseas branches and holding subsidiaries are subject to law enforcement inspection, administrative punishment, criminal investigation or other major risk events related to anti-money laundering and anti-terrorist financing by local regulatory agencies or judicial departments;
(5) Other matters required to be reported by the People's Bank of China.
Chapter III Supervision and Administration of Anti-money Laundering and Anti-terrorist Financing
Article 18 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 to achieve effective supervision of different types of financial institutions.
The People's Bank of China and its branches may inform the the State Council financial supervision and administration institution or its dispatched office about the supervision of financial institutions on anti-money laundering and anti-terrorist financing.
Article 19 According to the needs of performing anti-money laundering and anti-terrorist financing duties, the People's Bank of China and its branches may, in accordance with the prescribed procedures, conduct law enforcement inspections on the performance of anti-money laundering and anti-terrorist financing obligations by financial institutions.
The People's Bank of China and its branches may conduct law enforcement inspections on financial institutions whose subordinate institutions are responsible for supervision and management, and may also authorize their subordinate institutions to conduct inspections on financial institutions whose superior institutions are responsible for supervision and management.
Article 20 The People's Bank of China and its branches shall carry out law enforcement inspection on anti-money laundering and anti-terrorist financing, and organize the implementation in accordance with the existing anti-money laundering and anti-terrorist financing regulations of the People's Bank of China and relevant procedures for law enforcement inspection.
Twenty-first people's Bank of China and its branches shall, in accordance with the relevant procedures of law enforcement inspection, standardize and effectively carry out law enforcement inspection work, focusing on strengthening supervision and management of the following institutions:
(1) Institutions involved in money laundering and terrorist financing cases;
(2) Institutions with high risk of money laundering and terrorist financing;
(three) through daily supervision, accepting complaints, etc., it is found that there are major illegal clues in the institution;
(4) Other institutions that should be supervised.
Article 22 The People's Bank of China and its branches may, when they enter the site of financial institutions to conduct anti-money laundering and anti-terrorist financing inspections, require the staff of financial institutions to explain the regulatory matters in accordance with regulations; Consult and copy documents and materials, and seal up documents and materials that may be transferred, concealed or destroyed; Check financial institutions' systems for managing business data and managing money laundering and terrorist financing risks through informationization and digitization.
Article 23 The People's Bank of China and its branches shall evaluate the establishment, improvement and implementation of the anti-money laundering and anti-terrorist financing system of financial institutions according to the anti-money laundering and anti-terrorist financing information submitted by financial institutions and other information obtained in daily supervision.
Article 24 In order to effectively implement risk supervision, the People's Bank of China and its branches shall, in combination with the risk assessment of money laundering and terrorist financing of countries, regions and industries, conduct risk assessment of financial institutions on the basis of collecting information on anti-money laundering and terrorist financing of financial institutions, so as to timely and accurately grasp the risk status of money laundering and terrorist financing of financial institutions.
Article 25 In order to understand the risks of money laundering and terrorist financing of financial institutions, the People's Bank of China and its branches may conduct on-site assessment of the risks of money laundering and terrorist financing of financial institutions.
When conducting on-site risk assessment, the People's Bank of China and its branches shall fill in the Anti-Money Laundering Supervision Approval Form (Annex 1) and the Anti-Money Laundering Supervision Notice (Annex 2), and send 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 vice president (deputy director) of the Bank (business management department).
The People's Bank of China and its branches may require the assessed financial institutions to provide necessary information and materials, or collect the information needed for the assessment on the spot.
When conducting on-site risk assessment, the People's Bank of China and its branches shall have at least two anti-money laundering staff and produce legal certificates.
After the on-site risk assessment, the People's Bank of China and its branches shall issue the Anti-Money Laundering Supervision Opinion (Annex 3) and feed back the risk assessment conclusions and problems found to the assessed financial institutions.
Article 26 According to the compliance and risk status of financial institutions, the People's Bank of China and its branches may take measures such as supervision tips, interviews and supervision visits. In the process of supervision, if it is found that financial institutions have high risks of money laundering and terrorist financing or are suspected of violating anti-money laundering and anti-terrorist financing regulations, the People's Bank of China and its branches shall promptly carry out law enforcement inspections.
Twenty-seventh financial institutions have hidden dangers of money laundering and terrorist financing, or there are obvious loopholes in anti-money laundering and anti-terrorist financing, so it is necessary to remind financial institutions to pay attention. With the approval of the head of the anti-money laundering department of the People's Bank of China or its branch, a letter of anti-money laundering supervision reminder (Annex 4) can be issued to the financial institution, requiring it to take necessary control measures to urge it to rectify.
Financial institutions shall, within 20 working days from the date of receiving the anti-money laundering supervision reminder, make a written reply after being signed and approved by the person in charge of anti-money laundering and anti-terrorist financing; Can not make a timely reply, with the consent of the people's Bank of China or its local branches, make a reply within an extended period of time.
Article 28 The People's Bank of China and its branches may meet with directors, supervisors, senior managers or department heads of financial institutions to talk about important issues such as financial institutions' failure to fulfill their anti-money laundering and anti-terrorist financing obligations and outstanding risk events.
Article 29 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 making an appointment. The appointment of directors, supervisors and senior managers of financial institutions shall be approved by the president (director) or vice president (deputy director) of the Bank (business management department); The appointment of the head of the financial institution department shall be approved by the head of the bank's anti-money laundering department (business management department).
The Anti-Money Laundering Supervision Notice shall be delivered to the interviewed institution at least 2 working days in advance. In case of special circumstances, it is necessary to have an appointment conversation immediately, and the Anti-Money Laundering Supervision Notice shall be served at the appointment conversation site.
When meeting and talking, the anti-money laundering staff of the People's Bank of China and its branches shall not be less than 2. After the conversation, the Anti-Money Laundering conversation record (Annex 5) shall be filled in and signed by the interviewee for confirmation.
Article 30 In order to understand and verify the implementation of anti-money laundering and anti-terrorist financing policies of financial institutions and the rectification of regulatory opinions, the People's Bank of China and its branches may conduct regulatory visits to financial institutions.
Article 31 Before conducting supervision visits, 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 approved by the president (director) or deputy president (deputy director) of the Bank (business management department).
The Anti-Money Laundering Supervision Notice shall be delivered to financial institutions at least 5 working days in advance. In case of special circumstances that require immediate supervision and inspection, the anti-money laundering supervision notice shall be served when entering the site of the financial institution.
At the time of supervision and inspection, the anti-money laundering staff of the People's Bank of China and its branches shall not be less than 2, and show their legal certificates.
The People's Bank of China and its branches shall keep records of supervision and inspection, and issue anti-money laundering supervision opinions when necessary.
Article 32 The People's Bank of China and its branches shall follow up the rectification of problems found by financial institutions, and may initiate law enforcement inspection or take other regulatory measures if they fail to formulate reasonable rectification plans or effectively implement rectification.
Article 33 If a branch of the People's Bank of China imposes administrative punishment on a branch of a financial institution according to law, or finds major problems or systemic defects involving the headquarters of the financial institution in the process of supervision, it shall timely send a copy of the punishment decision or supervision opinions to the People's Bank of China or the branch of the People's Bank of China where the headquarters of the financial institution is located.
Article 34 If the supervisors of the People's Bank of China and its branches violate the prescribed procedures or exceed their functions and powers, financial institutions have the right to refuse 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.
Chapter IV Legal Liability
Thirty-fifth people's Bank of China and its branches engaged in anti-money laundering work in violation of the relevant provisions of these measures, shall be punished in accordance with the provisions of Article 30 of the Anti-money Laundering Law of People's Republic of China (PRC).
Article 36 If a financial institution violates the relevant provisions of these Measures, it shall be handled by the People's Bank of China or its branches at or above the downtown branch in accordance with the provisions of Articles 31 and 32 of the Anti-Money Laundering Law of People's Republic of China (PRC); According to different situations, it is suggested that the State Council financial supervision and management institutions should handle it according to law.
The county (city) sub-branch of the People's Bank of China shall report to its superior branch if it finds that a financial institution violates these provisions, and the superior branch shall deal with it or make suggestions in accordance with the provisions of the preceding paragraph.
Chapter V Supplementary Provisions
Article 37 The provisions of Paragraph 4 of Article 9 and Articles 11 to 13 of these Measures shall apply to financial groups.
Article 38 The People's Bank of China shall be responsible for the interpretation of these Measures.
Article 39 These Measures shall come into force as of August 6, 20265438 +0. Where the provisions on anti-money laundering and anti-terrorist financing before the implementation of these Measures are inconsistent with these Measures, these Measures shall prevail. Measures for the Supervision and Administration of Anti-Money Laundering of Financial Institutions (Trial) (Yinfa [2014] No.344) shall be abolished at the same time.