Rule number two These Measures shall apply to the following financial institutions established in People's Republic of China (PRC) according to law:
(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.
Rule three. The People's Bank of China and its branches shall supervise and inspect the implementation of large-value transactions and suspicious transaction reports of financial institutions.
Article 4? The People's Bank of China has set up the China Anti-Money Laundering Monitoring and Analysis Center, which is 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? Financial institutions should set up special anti-money laundering posts, and clearly designate special persons 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? Financial institutions shall, within 5 working days after the occurrence of large-value transactions, timely submit large-value transaction reports to China Anti-Money Laundering Monitoring and Analysis Center through their headquarters or institutions designated by the headquarters. 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 electronically to China Anti-Money Laundering Monitoring and Analysis Center within 10 working days after the 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 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 RMB 2 million or equivalent of more than USD 200,000 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.
Article 10? For large transactions that meet one of the following conditions, if no suspicious transactions are found, financial institutions may not report them:
(1) After the time deposit expires, it will not be withdrawn or transferred directly, but the principal or principal plus all or part of interest will be continuously deposited in another account under the same account name opened in the same financial institution.
The principal or principal plus all or part of interest of a demand deposit is converted into a time deposit in another account under the same account name opened by the same financial institution.
The principal or principal plus all or part of interest of a time deposit is converted into a demand deposit in another account under the same account name opened in the same financial institution.
(2) the conversion between different foreign currencies in the process of foreign exchange transactions of natural persons.
(3) One party to the transaction is party organs, state power organs, administrative organs, judicial organs, military organs, CPPCC organs, the People's Liberation Army and the Armed Police Force at all levels, but it does not include all kinds of enterprises and institutions under it.
(4) Inter-bank lending by financial institutions and bond trading in the inter-bank bond market.
(5) Gold transactions conducted by financial institutions in gold exchanges.
(6) Allocating funds within financial institutions.
(seven) transactions under the loan business of international financial organizations and foreign governments.
(8) Debt swap transactions under loans from international financial organizations and foreign governments.
(9) Taxes, account errors correction and interest payment initiated by commercial banks, urban credit cooperatives, rural credit cooperatives, postal savings and remittance institutions and policy banks.
(ten) other circumstances identified by the people's Bank of China.
Article 11? Commercial banks, urban credit cooperatives, rural credit cooperatives, postal savings institutions, policy banks and trust and investment companies shall report the following transactions or behaviors as suspicious transactions:
(1) The centralized transfer of funds in a short period of time, or the centralized transfer of funds, is obviously inconsistent with the customer's identity, financial status and business operation.
(two) the same payee frequently receives and pays funds in a short period of time, and the transaction amount is close to the large transaction standard.
(3) Legal persons, other organizations and individual industrial and commercial households frequently receive remittances obviously unrelated to their business in a short period of time, or natural person customers frequently receive remittances from legal persons and other organizations in a short period of time.
(4) accounts that have been idle for a long time suddenly open accounts for unknown reasons, or accounts with small capital flows suddenly have abnormal capital inflows, and a large amount of funds are received and paid in a short time.
(5) Capital transactions with customers from drug trafficking, smuggling, terrorist activities, gambling areas or tax-avoidance offshore financial centers have increased significantly in a short period of time, or a large number of funds have been received and paid frequently.
(six) there is no normal reason to open an account or cancel an account, and a large amount of funds have been received and paid before the account is cancelled.
(7) owing on the loan in advance is obviously inconsistent with its financial situation.
(8) Most RMB funds purchased by customers for overseas investment are cash or transferred from different bank accounts.
(9) The customer asks for local and foreign currency swap business, and the source and use of funds are suspicious.
(10) Customers often deposit traveler's checks or foreign currency drafts drawn abroad, which is inconsistent with their business conditions.
(11) Foreign-invested enterprises invest foreign currency or transfer funds abroad in cash within a short period of time after receiving investment funds, which is inconsistent with their production and operation payment needs.
(12) The foreign capital contribution of a foreign-invested enterprise exceeds the approved amount, or the direct foreign debt borrowed by the foreign party is remitted from a third country with no affiliated enterprise.
(13) A securities institution instructs a bank to reserve funds unrelated to securities trading and liquidation, which is inconsistent with its actual operation.
(14) Securities institutions frequently borrow large amounts of foreign exchange funds through banks.
(fifteen) the insurance institution frequently pays a large amount of money to the same applicant through the bank or surrenders it.
(16) A natural person's bank account frequently receives and pays cash in suspicious circumstances, or deposits and withdraws a large amount of cash at one time in suspicious circumstances.
(17) Resident natural persons frequently receive foreign exchange remitted from abroad and ask the bank to issue traveler's checks and drafts, or non-resident natural persons frequently deposit foreign currency cash and ask the bank to issue traveler's checks and drafts, and take out or frequently order and cash a large number of traveler's checks and drafts.
(eighteen) a number of domestic residents receive remittances from one offshore account, and the transfer and settlement of funds are operated by one or several people.
Article 12? Securities companies, futures brokerage companies and fund management companies shall report the following transactions or behaviors as suspicious transactions:
(1) The customer's fund account frequently receives and pays cash close to the standard of large cash transactions for unknown reasons, which obviously circumvents the monitoring of large cash transactions.
(2) Customers with no transaction or small transaction volume request to transfer a large amount of funds to other people's accounts, and there is no obvious transaction purpose or use.
(3) The customer's securities account has been idle for a long time, but the fund account frequently receives and pays large sums of money.
(4) accounts that have been idle for a long time are suddenly opened for unknown reasons, and a large number of securities transactions occur in a short time.
(5) Having business dealings with countries and regions with high money laundering risks.
(6) buying and selling securities in a large amount in a short time after opening an account, and then quickly closing the position.
(seven) customers do not conduct futures trading for a long time or a small amount, but there are a lot of funds in their capital accounts.
(8) Customers who have not conducted futures trading for a long time suddenly conduct futures trading frequently in the short term for unknown reasons, and the amount of funds is huge.
(9) Customers frequently take the same futures contract as the target, open positions at the same price, close positions at the same or roughly the same price, the same amount or nearly the same amount, and then withdraw funds.
(10) The customer, as the seller of futures trading, fails to provide complete customs declaration documents and tax payment vouchers, or provides forged or altered customs declaration documents and tax payment vouchers.
(1 1) The client requested to transfer the fund shares in a non-trading way and could not provide legal documents.
(12) The customer frequently transfers the fund shares to custody without reasonable reasons.
(thirteen) the customer requests to change its information, but the relevant documents and materials provided are suspected of being forged or altered.
Article 13 An insurance company shall report the following transactions or behaviors as suspicious transactions:
(a) short-term decentralized insurance, centralized surrender or centralized insurance, decentralized surrender without reasonable explanation.
(two) frequent insurance, surrender, change the insurance or insurance amount.
(3) Pay abnormal attention to the insurance company's regulations on auditing, underwriting, claim settlement, compensation and surrender, but pay no attention to the guarantee function and investment income of insurance products.
(4) It is said that a large number of invoices are lost when surrendering during the hesitation period, or the total amount of invoices lost by the same policyholder for multiple surrenders in a short period of time reaches a large amount.
(5) It is found that the obtained information such as the names, titles, residences, contact information or financial status of the applicant, the insured and the beneficiary is untrue.
(six) the insurance products purchased are obviously inconsistent with the express demand, and they still insist on purchasing after being explained by financial institutions and their staff.
(seven) to buy large insurance policies that are inconsistent with their economic situation by wholesale.
(8) Refusing to insure a policy with a large premium during the hesitation period, surrendering the insurance within a short time after the insurance contract takes effect, or withdrawing the cash value, and requiring the surrender money to be transferred to a third-party account or a non-compensation account.
(9) Insist on surrender without paying attention to the major financial losses that may be caused by surrender, and cannot reasonably explain the reasons for surrender.
(10) obviously overpaying the insurance premium that should be paid in the current period, and immediately demanding the return of the overpaid part.
(eleven) insurance brokers pay premiums, but can not explain the source of funds.
(twelve) legal persons and other organizations insist on returning the premium in cash or by transfer, and can not reasonably explain the reasons.
(thirteen) legal persons and other organizations pay the first premium or wholesale premium from non-unit accounts or from overseas bank accounts.
(14) The insurance premium of a natural person is paid through a third person, but the relationship between the third person and the applicant, the insured and the beneficiary cannot be reasonably explained.
(15) Having business dealings with countries and regions with high risk of money laundering.
(16) The applicant insists on using cash to insure, compensate, pay insurance benefits, refund the cash value of insurance premiums and policies, and pay other funds in a large amount without reasonable reasons.
(17) When an insurance company pays compensation or insurance money, the customer requests to remit the funds to a third party other than the insured or beneficiary; Or the customer requests to remit the refunded insurance premium and the cash value of the policy to someone other than the insured.
Article 14 Except under the circumstances stipulated in Articles 11, 12 and 13 of these Measures, if financial institutions and their staff find that the amount, frequency, direction and nature of other transactions are abnormal, and they think that they are suspected of money laundering after analysis, they shall submit a suspicious transaction report to China Anti-Money Laundering Monitoring and Analysis Center.
Fifteenth financial institutions shall, in accordance with these measures, analyze and identify the transactions involved in all suspicious transaction reports submitted to China Anti-Money Laundering Monitoring and Analysis Center. If there are reasonable reasons to believe that the transaction or customer is related to illegal and criminal activities such as money laundering and terrorist activities, it should also report to the local branch of the People's Bank of China and cooperate with the administrative investigation of anti-money laundering of the People's Bank of China.
Article 16 For transactions that are both large-value transactions and suspicious transactions, financial institutions shall submit large-value transaction reports and suspicious transaction reports respectively.
If the transaction meets two or more criteria for large-value transactions at the same time, financial institutions shall submit large-value transaction reports respectively.
Article 17? Financial institutions shall provide true, complete and accurate transaction information in accordance with the requirements of the Elements of Large Transaction and Suspicious Transaction Report attached to these Measures (see attached table for elements), and make electronic documents of large transaction reports and suspicious transaction reports. The specific reporting format and reporting requirements shall be formulated separately by the People's Bank of China.
Article 18? 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, it is suggested that CBRC, CSRC or CIRC take the following measures:
(1) Ordering financial institutions to suspend business for rectification or revoke their business licenses.
(two) to cancel the qualifications of directors, senior managers and other directly responsible personnel of financial institutions and prohibit them from engaging in related financial industries.
(3) Ordering financial institutions to impose disciplinary sanctions on directors, senior managers and other directly responsible personnel.
County (city) sub-branches of the People's Bank of China shall report to their superior branches if they find that financial institutions violate these measures, and the superior branches shall punish them or make suggestions in accordance with the provisions of the preceding paragraph.
Article 19 The People's Bank of China and its branches at or above the downtown branch shall abide by the relevant provisions of the Provisions of the People's Bank of China on Administrative Punishment Procedures when imposing administrative penalties on financial institutions that violate these measures.
Article 20? The following terms in these Measures have the following meanings:
"Short-term" means within 10 working days, including 10 working days.
"Long-term" means more than 1 year.
"Large amount" refers to a single transaction or the total transaction amount is lower than but close to the standard of large transaction.
"Frequent" means that transactions occur more than 3 times a day on weekdays, or more than 3 days a day on weekdays.
"Above", including this number.
Article 21? These Measures shall come into force as of March 6, 2007. On June 38, 2003+October 3, 2003/KLOC-0, the Measures for the Administration of Large and Suspicious RMB Payment Transaction Reports (Order [2003] No.2 of China People's Bank) and the Measures for the Administration of Large and Suspicious Foreign Exchange Fund Transaction Reports of Financial Institutions (Order [2003] No.3 of China People's Bank) were abolished at the same time.