金融机构反洗钱规定 Financial Institutions Anti-money Laundering Provisions1

中国人民银行令[2003]第1号

（Promulgated by the People's Bank of China on 3 January 2003， and effective as of 1 March 2003.）

颁布日期：20030103 　实施日期：20030301 　颁布单位：中国人民银行

　　Article 1　In order to prevent criminals from utilizing financial institutions to engage in money laundering and to safeguard financial security， these Provisions are formulated， in accordance with the provisions of the PRC， People's Bank of China Law and other laws and regulations.

　　Article 2　These Provisions shall apply to the anti-money laundering activities of financial institutions.

　　The financial institutions as mentioned in these Provisions shall refer to those institutions which are legally established and conducting financial businesses within the territory of the PRC， including but not limited to policy banks， commercial banks， credit cooperatives， postal savings and remittance institutions， financial companies， trust and investment companies， financial lease companies and foreign-invested financial institutions.

　　Article 3　Money-laundering as mentioned in these Provisions shall refer to the acts of disguising and hiding by various means the source and nature of illicit income and the subsequent proceeds that have come from drug crimes， organized crimes of a criminal syndicate nature， terrorist crimes， smuggling crimes or other crimes， and thus giving them a legitimate appearance.

　　Article 4　The financial institutions and their employees shall faithfully perform the anti-money laundering obligations in accordance with these Provisions， carefully identify dubious transactions， and shall not engage in unfair competition which hampers the performance of the anti-money laundering obligations.

　　Article 5　The financial institutions and their employees shall maintain the confidentiality of the anti-money laundering activities， and shall not disclose anti-money laundering information to clients and others in violation of regulations.

　　Article 6　The financial institutions shall， pursuant to the law， assist and collaborate with the judicial authorities and administrative law-enforcement authorities in combating money-laundering activities， and shall assist the judicial authorities， customs， tax， and other government authorities to inquire， freeze， detain or transfer the client's deposit in accordance with laws， administrative regulations and other relevant regulations.

　　The overseas branch offices of Chinese financial institutions shall abide by the anti-money laundering-related laws of the resident country or region， and shall assist the anti-money laundering authorities of the said country or region in accordance with the law.

　　Article 7　The PBOC shall be the supervisory and administrative authority of anti-money laundering activities of the financial institutions.

　　The PBOC shall set up a leading group for the anti-money laundering activities of the financial institutions.　The group shall perform the following duties：

　　1. Conduct centralized supervision， administration and coordination of anti-money laundering activities of the financial institutions；

　　2. Research into and formulate anti-money laundering strategies， plans and policies， draft anti-money laundering activities rules， and draft rules for reporting large-sum and suspicious Renminbi financial transactions；

　　3. Set up payment transaction monitoring systems to monitor payment transactions；

　　4. Research major problematic issues relating to anti-money laundering activities of financial institutions， and propose solutions and counter-measures；

　　5. Take part in international anti-money laundering cooperative efforts， and provide guidance to financial institutions in participating in foreign cooperative anti-money laundering activities；

　　6. Other anti-money laundering supervision and administration duties to b

e performed by the PBOC.

　　The State Administration of Foreign Exchange （the “SAFE”） shall be responsible for the supervision and administration of the reporting of large-sum and suspicious foreign exchange financial transactions， and shall formulate rules for reporting large-sum and suspicious foreign exchange financial transactions.

　　Article 8　The financial institutions shall set up a sound anti-money laundering internal control system in accordance with the regulations of the PBOC， and shall submit the same to the PBOC for record.

　　Article 9　The financial institutions shall set up a special anti-money laundering activities unit， or assign an internal unit to be responsible for anti-money laundering activities， and shall allocate necessary management and technical personnel.

　　The financial institutions shall， in light of relevant circumstances， set up a special unit or assign a special individual in their branch offices to be responsible for anti-money laundering activities， and shall supervise and check the branch offices regarding their performance of these Provisions and the anti-money laundering internal control systems in accordance with the principle of multi-level management.

　　Newly established financial institutions or newly established branch offices of the financial institutions shall formulate effective anti-money laundering measures.

　　Article 10　The financial institution shall set up a client identity registration system， and shall review the identity of clients who handle deposits and settlement at the same institution.

　　No financial institution is allowed to open anonymous or false-name accounts for the clients， or to provide services such as deposits and settlement to unidentified clients.

　　Article 11　Where a financial institution opens deposit accounts or closes accounts for individual clients， the individual clients shall be required to produce their identity documents to be subject to a verification check， and the names and numbers that appear thereupon shall be entered into the records. Where an individual client acts as an agent for others to open individual deposit accounts at the financial institution， the financial institution shall require such individual to produce the identity documents of both the principal and the agent to be subject to a verification check， and the names and numbers appearing thereupon shall be entered into records.

　　Where an individual fails to produce personal identity documents or seeks to use a name which differs from that which appears on the personal identity documents offered， the financial institution shall not open any deposit account for such individual.

　　Article 12　Where a financial institution opens accounts， handles deposits or account-closing business for unit clients， valid certification documents and information shall be provided as required by relevant rules of the PBOC， and such documents and information shall be subject to a verification check and recordal.

　　Where unit clients fail to provide valid certification documents and information of the unit pursuant to relevant rules， the financial institutions shall not handle deposit or account-closing business for the same.

　　Article 13　In the event that during the course of providing financial services to its clients a financial institution discovers a large-sum transaction by such clients， it shall report such discovery to the PBOC or the SAFE pursuant to relevant rules.

　　The standards for reporting the amount of large-sum capital shall be based on the relevant rules of the PBOC and the SAFE regarding capital transaction reporting.

　　Article 14　In the event that during the course of providing financial services to its clients a financial institution discovers a suspicious transaction by such clients， it shall report such discovery to the PBOC or the SAFE.

　　The standards for reporting

suspicious transactions shall be based on the relevant rules of the PBOC and the SAFE regarding capital transaction reporting.

　　Article 15　The branch offices of the financial institutions shall submit such reports on large-sum and suspicious capital transactions to the local branch of the PBOC or the SAFE pursuant to the relevant rules of the PBOC and the SAFE on the procedures for capital transaction reporting. Meanwhile， such report shall also be submitted to the higher level units of such authorities.

　　Article 16　Financial institutions shall conduct examinations and analyses on large-sum and suspicious capital transactions； where there is suspicion of criminal activity， such suspicion shall be reported to the local public security authority.

　　Article 17　Financial institutions shall preserve the clients' account information and transaction records pursuant to the time limit set forth below：

　　1. With respect to account information， it shall be preserved for at least five （5） years as of the date of the cancellation of the account；

　　2. With respect to the transaction records， they shall be preserved for at least five （5） years as of the date of the book entries of such transactions.

　　The aforementioned transaction records shall include information about the account holder， the amount of money deposited into or drawn from such account， the time of such transactions， information on the origin of capital and its destination， and the methods used for drawing such capital.

　　Measures on the preservation of account information and transaction records shall be implemented pursuant to the rules of the State relating to accounting files management.

　　Article 18　Upon analyzing and studying the large-sum and suspicious transaction report submitted

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