Chapter I General Provisions
Article 1 In order to promote and standardize the anti-money laundering work of member units, improve the ability of member units to prevent money laundering risks, and safeguard the national economic order and financial security, these Guidelines are formulated in accordance with the Anti-Money Laundering Law of People's Republic of China (PRC), the Regulations on Anti-Money Laundering of Financial Institutions, and the Measures for the Administration of Customer Identification and Customer Identity Information and Transaction Records of Financial Institutions. Measures for the Administration of Reports on Large Transactions and Suspicious Transactions of Financial Institutions and other relevant provisions of China Securities Regulatory Commission.
Article 2 These Guidelines are applicable to members of securities companies and fund management companies of China Securities Association. Members of securities companies and fund management companies shall, in accordance with the requirements of these guidelines, carry out anti-money laundering work in combination with the business characteristics of the two types of members and the actual situation of their own units.
Article 3 When conducting business abroad, member units, overseas branches and subsidiaries shall abide by the anti-money laundering laws and regulations of the host country (region), assist the anti-money laundering institutions of the host country (region) in their work, and implement the relevant requirements of these Guidelines within the scope permitted by the laws and regulations of the host country (region).
Chapter II Basic Requirements
Article 4 Member units shall strictly implement the national anti-money laundering laws and regulations and the relevant provisions of the People's Bank of China and the China Securities Regulatory Commission, implement the anti-money laundering work in the internal control system and daily business operations, and shall not leave any gaps or loopholes in any link.
Article 5 Member units shall establish and improve the internal control system against money laundering. The internal control system of anti-money laundering includes, but is not limited to, the customer identification system, the large-value transaction and suspicious transaction reporting system, the customer identity information and transaction record keeping system, and the confidentiality system.
Article 6 Member units shall set up special anti-money laundering institutions or designate internal institutions (hereinafter referred to as "anti-money laundering responsible institutions") to take charge of anti-money laundering work.
The person in charge of a member unit shall be responsible for the effective implementation of the internal control system against money laundering of the unit.
Article 7 The main functions of the anti-money laundering institutions of member units include but are not limited to the following:
(1) Formulating the internal control system and operating rules of the anti-money laundering unit, and formulating or revising relevant business rules according to the anti-money laundering requirements.
(two) according to the provisions of laws and regulations and the internal control system of the unit, organize the relevant departments of the unit to carry out anti-money laundering work.
(3) Coordinating the relevant departments of the unit to provide technical support and guarantee for the anti-money laundering work, and submitting or urging the relevant departments of the unit to submit large-sum and suspicious transaction data.
(four) to cooperate with the relevant state law enforcement agencies in the investigation of suspected money laundering activities.
(five) to check the anti-money laundering work of the relevant departments and branches of the unit, and regularly report the development of anti-money laundering work.
(six) to implement or cooperate with the implementation of anti-money laundering audit.
(seven) to organize the training and publicity of anti-money laundering laws and regulations and related knowledge.
Chapter III Customer Identification
Article 8 Member units shall implement the customer identification system when handling the following businesses, including but not limited to:
(1) Account opening, loss reporting, account cancellation, change and fund deposit and withdrawal.
(2) Opening, closing and alteration of the fund account.
(3) Acting as an agent for the opening, loss reporting, cancellation and change of securities accounts.
(four) to handle the agency authorization or cancel the agency authorization for customers.
(5) Relocation, designated transaction or cancellation of designated transaction.
(6) Signing a third-party depository contract for customer transaction settlement funds, changing the depository bank and modifying the bank account information.
(7) Confirmation of proxy shares.
(8) Loss reporting and resetting of transaction password and fund password.
(nine) modify the basic information of customer identity.
(ten) the opening of online transactions, telephone transactions and other non counter transactions.
(11) Signing credit trading contracts for securities and futures such as margin trading and stock index futures with customers.
(twelve) other business approved by the regulatory authorities.
Article 9 Member units shall formulate internal systems and procedures for customer account opening and auditing, and uniformly print the documents required for customer account opening and related business handling.
Article 10 Members of securities companies shall strengthen the management of customer accounts in accordance with the Measures for the Administration of Securities Registration and Settlement of China Securities Regulatory Commission, the Rules for the Administration of Securities Accounts of China Securities Depository and Clearing Co., Ltd. and the Guidelines for the Entrusted Agency Agreement of Securities Trading of China Securities Association, and members of fund companies shall strengthen the management of customer accounts in accordance with the Guidelines for the Registration and Settlement of Open-ended Securities Investment Funds of China Securities Depository and Clearing Co., Ltd.
Article 11 When handling the business listed in Article 8 of these Guidelines for customers, member units shall implement the following provisions:
(a) require customers to use their names or positions on valid identity documents that comply with laws and regulations.
(2) Do not open an anonymous account or a pseudonym account, or open an account or provide related financial services for unidentified customers; In the process of handling business for customers, if it is found that the personal identity documents or company information provided by customers are false or suspicious, they should refuse to handle them.
(3) If there is sufficient evidence to prove that the account previously opened by the customer has a false name, the customer shall be required to re-open the account immediately in his true identity. If the customer refuses, measures shall be taken to stop the account.
Article 12 When opening an account for an individual customer or handling other business, a member unit shall review relevant documents according to the following requirements, and register customer identity information in the account opening application, business application materials and business system:
(1) If the customer handles it by himself, he/she is required to show his/her valid identity document, register his/her name and number on the identity document after verification, and keep a copy of the identity document.
(2) If the client entrusts others to handle the matter, the agent is required to show the notarized power of attorney of the client and the valid identity documents of the client and agent. After verification, the information such as the name, certificate name and number on the identity documents of the principal and the agent shall be registered, and copies of the entrusted agency documents and the identity documents of the principal and the agent shall be kept.
Article 13 When opening an account for an institutional customer, a member unit shall check the valid certification documents and materials, register the customer's identity information in the account opening application and business system, and keep the originals of relevant certification documents and materials or copies stamped with the customer's official seal as required. If an institutional client fails to provide valid certification documents and materials as required, the member unit shall not open an account for it.
Article 14 When a member unit opens an account for a customer, it shall use the account data to enter the following customer information in the business system and establish a customer information file.
(1) individual customer. Including name, gender, date of birth, nationality, occupation, contact address, postal code, fixed telephone, mobile phone, e-mail, identity document or the type, number and expiration date of identity document.
(2) Institutional customers. Including the name, registered address, mailing address, postal code, business scope, organization code and tax registration certificate number code of the institutional client; License name, qualification licensing items, license or license number, validity period, issuing unit, etc. Documents that can prove the establishment and effective existence of the institution's customers according to law; Information such as the name, contact telephone number, e-mail address, type, number and validity period of identity certificate or certificate of the controlling shareholder or actual controller, legal representative, responsible person and authorized business personnel.
(3) When it is known that the relevant information of institutional customers, their specific managers, authorized agents and individual customers has changed, it shall immediately confirm and update the customer information in relevant systems, and keep the original or verified copies of relevant certification materials.
Fifteenth member units to provide customers with off-counter trading services through fixed telephone, mobile phone, Internet, etc., should take strict identity authentication measures and corresponding technical support means to identify customers.
Article 16 During the business relationship with customers, member units shall take continuous customer identification measures, pay attention to customers and their daily transactions, and prompt customers to update information in time.
If the identity certificate previously submitted by the customer or the identity certificate has expired, the customer shall be required to update it. If the customer fails to update within a reasonable period of time without giving a reasonable reason, the member unit shall restrict the trading activities of the customer when it deems it necessary.
Seventeenth in the following circumstances, member units should re-identify the identity of 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 name of the customer is the same as that of the criminal suspect, money launderer or terrorist financier who is required to be investigated or concerned by the relevant state departments according to law.
(4) The customer is suspected of money laundering or terrorist financing activities.
(5) The obtained customer information is inconsistent or contradictory with the relevant information that has been mastered before.
(6) Have doubts about the authenticity, validity and integrity of the customer identity information obtained before.
(seven) other circumstances in which the member unit believes that the customer's identity should be re-identified.
Eighteenth member units in the identification or re-identification of customer identity, you can take the following measures:
(1) Asking customers to supplement other identity documents or identification certificates.
(two) require customers to provide proof issued by a notary public.
(3) pay a return visit to customers.
(4) field trip.
(five) public security, industry and commerce administration and other departments to verify.
Article 19 Where a member of a fund management company conducts customer identification through a third-party agency such as a fund agency, it shall clearly stipulate the responsibilities of the third-party agency in customer identification and anti-money laundering monitoring through contracts, agreements or other written documents, require the third-party agency to formulate customer identification measures that meet the requirements, and urge them to implement them.
Article 20 Members of a fund management company may regularly or irregularly check the implementation of customer identification measures by third-party institutions such as fund consignment agencies. If the third-party institution fails to strictly implement the customer identification measures, the members of the fund management company have the right to request it to correct and report to the relevant regulatory authorities.
Chapter IV Report on Large-value Transactions and Suspicious Transactions
Article 21 Member units shall monitor customers' cash receipts and payments or fund transfers according to the provisions of Articles 9 and 10 of the Measures for the Administration of Reports on Large-value Transactions and Suspicious Transactions of Financial Institutions issued by the People's Bank of China, and report to China Anti-money Laundering Monitoring and Analysis Center within 5 working days after large-value transactions meet the standards.
Article 22 When a member unit discovers the following transactions or behaviors, it shall report the transactions or behaviors as suspicious transactions to China Anti-Money Laundering Monitoring and Analysis Center within 10 working days after the occurrence:
(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.
(7) The client requests the transfer of fund shares by non-transaction method and cannot provide legal documents.
(8) Customers frequently handle fund share transfer custody without reasonable reasons.
(nine) the customer requests to change its information, but the relevant documents and materials provided are suspected of being forged or altered.
Twenty-third member units found the amount, frequency, direction and nature of other transactions in the process of handling specific business. If it is abnormal and is suspected of money laundering after analysis, it shall submit a suspicious transaction report to China Anti-Money Laundering Monitoring and Analysis Center.
Article 24 For transactions that are both large-value transactions and suspicious transactions, member units shall submit large-value transaction reports and suspicious transaction reports respectively.
For transactions that meet two or more criteria for large-value transactions at the same time, member units shall submit large-value transaction reports respectively.
Twenty-fifth found that may be suspected of committing a crime, the member units shall promptly report to the local China Securities Regulatory Commission agency, the local branch of the People's Bank of China or the local public security organ, and report to the China Securities Association.
Twenty-sixth member units shall establish corresponding information systems for the collection and submission of large and suspicious transaction information.
Member units shall provide authentic, complete and accurate large transaction reports or suspicious transaction reports to China Anti-Money Laundering Monitoring and Analysis Center in the form of electronic documents in accordance with the China Anti-Money Laundering Monitoring and Analysis Center's Interface Specification for Large Transaction and Suspicious Transaction Reports in Securities and Futures Industry and other relevant regulations.
Chapter V Data Preservation and Information Confidentiality
Twenty-seventh member units shall properly keep customer identity information and transaction records, and the preservation method and time limit shall be implemented in accordance with relevant state regulations.
Customer identity information includes a copy of individual customer ID card, a copy of institutional customer account opening qualification certificate, a copy of agent ID card, the original power of attorney, the internal audit record of account opening, and the record of customer information verification and correction.
Transaction records include the subject matter of the transaction, transaction time and place, currency, amount, source and destination of funds, withdrawal method of funds, business vouchers and other materials.
Twenty-eighth member units shall, in accordance with the provisions of relevant laws and regulations, keep anti-money laundering work files, large transaction reports and suspicious transaction reports for at least five years from the date of reporting.
Twenty-ninth after the expiration of the retention period, all information related to suspected money laundering, including customer identity information, transaction records, suspicious transaction reports, etc. , should be kept separately until things are completed.
Article 30 When a member unit goes bankrupt or is dissolved, it shall hand over the customer identity information, transaction records, large-value transaction reports and suspicious transaction reports to the institution designated by the China Securities Regulatory Commission.
Article 31 A member unit shall, in accordance with the provisions of the state and the relevant archives management measures of the unit, keep confidential the customer identity data and transaction information obtained from the performance of anti-money laundering obligations. Unless otherwise stipulated by laws and regulations, a member unit and its staff shall not provide any unit or individual with customer identity data and transaction information.
Chapter VI Training and Publicity
Article 32 The anti-money laundering institutions of member units shall formulate an annual master plan for anti-money laundering training and publicity, and supervise and inspect the implementation of anti-money laundering training and publicity work of all branches.
Thirty-third member units shall regularly carry out anti-money laundering training for their employees, and incorporate relevant anti-money laundering regulations into the assessment of new employees during the probation period. Anti-money laundering training includes but is not limited to the following contents:
(1) Relevant laws and regulations.
(2) Internal control system, operating rules and control measures.
(3) Relevant professional knowledge and skills.
Article 34 Member units shall strengthen anti-money laundering publicity, organize and carry out publicity on the significance, basic concepts and basic knowledge of anti-money laundering in accordance with the requirements of anti-money laundering regulations of the People's Bank of China and the China Securities Regulatory Commission, and raise the anti-money laundering awareness of employees and customers.
Chapter VII Inspection and Supervision
Thirty-fifth member units responsible for anti-money laundering shall conduct special inspections on their anti-money laundering work in accordance with regulations; Audit departments of member units should incorporate anti-money laundering audit into their daily audit work.
Article 36 The scope of special anti-money laundering inspection includes the following aspects:
(1) The establishment of anti-money laundering organizations, the allocation of anti-money laundering posts and the performance of their duties.
(2) The establishment and implementation of the internal control system against money laundering.
(3) Customer identification and due diligence.
(4) Large transaction report and suspicious transaction report.
(5) Keep customer identity information and transaction records.
(6) Training and publicity on anti-money laundering business.
(seven) to cooperate with the judicial organs and administrative organs to crack down on money laundering activities and the transmission of information about suspected money laundering crimes.
(8) Other related work contents.
Article 37 After receiving the special anti-money laundering inspection, all departments and branches of member units shall make timely rectification according to the rectification requirements put forward by the special inspection, and submit the rectification report within 5 working days after receiving the conclusion of the special inspection.
Article 38 Member units shall assist and cooperate with judicial organs and administrative law enforcement organs to crack down on money laundering activities according to law, and assist judicial organs, customs, taxation and other departments to inquire, freeze and deduct customer deposits in accordance with laws and regulations.
Thirty-ninth member units shall formulate internal rewards and punishments measures for violating the relevant provisions of the People's Bank of China and the China Securities Regulatory Commission and their own anti-money laundering work. If a crime is suspected, it shall be transferred to the public security organ for handling.
The member units shall report the illegal activities of anti-money laundering and the handling results to the China Securities Association.
Article 40 The China Securities Association shall conduct regular and irregular inspections on the anti-money laundering work of its member units in accordance with relevant self-discipline rules.
Chapter VIII Supplementary Provisions
Article 41 The China Securities Association shall be responsible for the interpretation of these Guidelines.
Article 42 These Guidelines shall come into force as of the date of promulgation.