(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 A financial institution shall establish and improve the internal control system of anti-money laundering and anti-terrorist financing in accordance with the provisions in light of its business scale and 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.