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

by the financial institutions， where the PBOC or the SAFE suspects that such transaction constitutes or is connected to a criminal activity， information （including such report） shall be transferred to judicial organs pursuant to the procedures set forth in the Transfer of Suspected Crime by Administrative Law Enforcement Agency Regulations. Neither the PBOC nor the SAFE shall disclose any content of such report to the clients of the financial institutions or other personnel.

　　Article 19　The PBOC shall assume responsibility for instructing and organizing anti-money laundering activities training for financial institutions.

　　Financial institutions shall carry out anti-money laundering activities campaigns targeting its clients， and implement anti-money laundering activities training for its staff so as to enable them to have a good understanding of the provisions of the relevant laws， administrative regulations and rules on anti-money laundering， and to improve their capability in handling anti-money laundering activities.

　　Article 20　Where a financial institution is in breach of these Provisions and commits any of the following violations， the PBOC shall give such institution a warning and order it to rectify its behaviors within a given period of time； where no rectification is made within the given period of time， such financial institution may be subject to a penalty fine in the amount of less than Rmb 30，000； where the circumstances are serious， the qualifications for senior management positions held by the staff who are directly responsible shall be cancelled：

　　1. Failure to establish an anti-money laundering internal control system pursuant to relevant rules；

　　2. Failure to establish a specific office or designate a specific office to be responsible for anti-money laundering activities pursuant to relevant rules；

　　3. Failure to require unit clients to provide valid certification documents and information to be subject to a verification check and recordal；

　　4. Failure to preserve the clients' account information and transaction records pursuant to relevant rul

es；

　　5. Disclosing information on anti-money laundering activities to the clients and other personnel in breach of relevant rules；

　　6. Failure to report large-sum or suspicious transactions pursuant to relevant rules.

　　Article 21　Where financial institutions engaging in foreign exchange business fail to report， in a timely manner， abnormal situations related to large-sum foreign exchange purchases， foreign exchange purchases at high frequency， and the depositing or drawing of large-sum foreign exchange in cash， punishment measures shall be imposed thereupon pursuant to the provisions of Article 25 of the Penalties for Illegal Financial Acts Procedures.

　　Article 22　Where a financial institution， during the process of conducting its business， is in breach of relevant laws or administrative regulations or engages in unfair competition which damages the performance of its anti-money laundering obligations， punishment measures shall be imposed on it pursuant to relevant provisions of the Penalties for Illegal Financial Acts Procedures. Disciplinary measures shall be imposed on persons of such financial institution directly responsible for such violations； where the circumstances are serious， the qualifications for senior management positions held by the staff who are directly responsible shall be cancelled.

　　Article 23　Where a financial institution opens an account for individual clients who refuse to produce their identity documents or who refuse to use the names that appear on the personal identity documents， a warning shall be given to such a financial institution by the PBOC， and such institution may be subject to a penalty fine in an amount ranging from Rmb 1000 to Rmb 5000. Where the circumstances are serious， the qualifications for senior management positions held by the staff of such a financial institution who are directly responsible shall be cancelled.

　　Article 24　The China Bank Association， China Financial Companies Association and other disciplinary organizations in the financial industry may formulate their own industry guidelines for anti-money laundering activities pursuant to these Provisions.

　　Article 25　These Provisions shall be implemented as of 1 March 2003

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