金融机构大额和可疑外汇资金交易报告管理办法 Decree of the Peoples Bank of China

中国人民银行令[2003]第3号

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

　　[2003] No.3

　　In accordance with the Law of the People's Republic of China on the People's Bank of China and other laws and regulations， the Administrative Rules for the Reporting by Financial Institutions of Large-Value and Suspicious Foreign Exchange Transactions has been adopted at the 7th executive meeting on September 17， 2002， and is hereby promulgated for implementation as of March 1， 2003.

　　President of the People's Bank of China： Zhou Xiaochuang

　　January 3， 2003

　　Administrative Rules for the Reporting by Financial Institutions of Large-Value and Suspicious Foreign Exchange Transactions

　　Article 1 These Rules are formulated in accordance with Regulations of the People's Republic of China on Foreign Exchange Administration and other regulations in order to monitor large-value and suspicious foreign exchange transactions.

　　Article 2 Financial institutions located in the territory of China that run foreign exchange business （hereinafter referred to as financial institutions） shall report， in accordance with these Rules， to foreign exchange administration authorities large-value and suspicious foreign exchange transactions.

　　Large-value foreign exchange transaction refers to foreign exchange transactions above a specified amount made by transactions parties in any form of settlement through financial institutions.

　　Suspicious foreign exchange transaction refers to foreign exchange transaction with abnormal amount， frequency， source， direction， use or any other such nature.

　　Article 3 State Administration of Foreign Exchange and its branches （hereinafter referred to as SAFE） are responsible for supervising and administering the reporting of large-value and suspicious foreign exchange transactions.

　　Article 4 When opening foreign exchange accounts for customers， financial institutions shall abide by Rules on Using Real Name for Opening Individual Deposit Account and Rules on Administration of Foreign Exchange Account within the Territory of People's Republic of China and shall not open anonymous foreign exchange accounts or accounts in obviously fictitious names for their customers.

　　When processing foreign exchange transactions for customers， financial institutions shall verify information about the customer's real identity， including the name of work unit， name of the legal representative or person-in-charge， ID and its number， supporting documents for account opening， organization registration code， address， registered capital， business scope， size of business operation， average daily transaction volume of the account and in the case of an individual customer， name of the depositor， ID and its number， address， occupation， household income and other information about the customer's family.

　　Article 5 Financial institutions shall record all large-value and suspicious foreign exchange fund transactions and keep the record for a minimum of five years as of the day of transaction.

　　Article 6 Financial institutions shall establish and improve internal anti-money laundering post responsibility system， formulate internal anti-money laundering procedure and， have specified staff record， analyze and report large-value and suspicious foreign exchange transactions.

　　Article 7 Financial institutions shall not disclose to any agency or individual information about large-value and suspicious foreign exchange transactions， unless otherwise provided for by laws.

　　Article 8 The following foreign exchange transactions constitute large-value foreign exchange transactions：

　　（1） Any single deposit， withdrawal， purchase or sale of foreign exchange cash above US$10，000 or its equivalent， or the accumulated amount of multiple deposit， withdrawal， purchase or sale transactions of foreign exchan

ge within one day above US$10，000 or its equivalent；

　　（2） Foreign exchange non-cash receipt and payment transactions made through transfer， bills， bank card， telephone-banking， internet banking or other electronic transactions or other new financial instruments in which a single transaction volume or accumulated transaction volume within one day exceeding US$100，000 or its equivalent by individual customers， and in the case of corporate customers， a single transaction volume or accumulated transaction volume within one day exceeding US$500，000 or its equivalent.

　　Article 9 The following foreign exchange transactions constitute suspicious foreign exchange cash transactions：

　　（1） Frequent deposit and/or withdrawal of large amount of foreign exchange cash from an individual bankcard or individual deposit account that are apparently not commensurate with the identity of or use of fund by the cardholder or account owner；

　　（2） An individual resident transferring to or withdrawing cash in large amount in a foreign country after depositing large amount of foreign exchange cash in a bankcard in China；

　　（3） Frequent depositing， withdrawal or sale of foreign exchange through an individual foreign exchange cash account below the SAFE validated threshold；

　　（4） Non-resident individual requiring banks to open traveler's check or draft to convert large amount of foreign exchange cash he/she has brought into China in order to take the fund out of China；

　　（5） Frequently depositing large amount of foreign exchange cash in a bankcard held by non-resident individual；

　　（6） Frequent and large-amount fund movement through a corporate foreign exchange account not commensurate with the business activities of the account owner；

　　（7） Regular and large-amount cash deposit into a corporate foreign exchange account without withdrawal of large amount of cash from the said account；

　　（8） An enterprise frequently receiving export proceeds in cash that is apparently not commensurate with the range and size of its business；

　　（9） The RMB fund that an enterprise uses to buy foreign exchange for overseas investment is mostly in cash or has been transferred from a bank account not belonging to the said enterprise；

　　（10） The RMB fund that a foreign-funded enterprise uses to buy foreign exchange for repatriation of profit is mostly in cash or has been transferred from a bank account not belonging to the said enterprise；

　　（11） A foreign-funded enterprise making investment in foreign exchange cash.

　　Article 10 The following foreign exchange transactions constitute suspicious foreign exchange non-cash transactions：

　　（1） Foreign exchange account of an individual resident frequently receiving fund from domestic accounts that are not under the same name；

　　（2） An individual resident frequently receiving large amount of foreign exchange remittance from abroad before remitting the total amount out in the original denomination， or frequently remitting foreign exchange fund of the same denomination that is transferred from abroad in large amount；

　　（3） Non-resident individual frequently receiving remittance in large amount from abroad， especially from countries （regions） with serious problems of narcotics production and trafficking；

　　（4） Foreign exchange account of a resident or non-resident individual with a regular pattern of receiving large amount of fund which is withdrawn in several transactions the next day， and then receiving large amount of fund again which is withdrawn in several transactions the next day；

　　（5） An enterprise making frequent and large advance payment for import and commission under trade account below the SAFE validated threshold through its foreign exchange account；

　　（6） An enterprise frequently receiving， through its foreign exchange account， export payment in bills （such as ch

eck， draft and promissory note） in large amount；

　　（7） Dormant foreign exchange accounts or foreign exchange accounts usually with no large fund movement suddenly receiving abnormal foreign exchange fund inflow， and the inflow gradually becoming larger in a short period of time；

　　（8） An enterprise having frequent and large amount fund transactions through its foreign exchange account not commensurate with the nature and size of its business operation；

　　（9） The foreign exchange account of an enterprise becoming inactive abruptly following frequent and large amount inflow and outflow of fund；

　　（10） Frequent fund movement through the foreign exchange account of an enterprise in amounts divisible by thousand；

　　（11） Rapid inflow and outflow of fund through the foreign exchange account of an enterprise， the amount of which is big within one day but the outstanding balance of the account is very small or nil；

　　（12） The foreign exchange account of an enterprise remitting abroad the bulk of balance received in multiple small amount electronic transfers， check or draft deposits；

　　（13） A domestic enterprise opening an offshore account in the name of an overseas legal person or natural person， and the said offshore account experiencing regular fund movement；

　　（14） An enterprise remitting fund to many domestic residents through an offshore account and surrendering foreign exchange to banks in the name of donation， the transfer of fund and foreign exchange sales all done by one person or few persons；

　　（15） The annual expatriation of profit by a foreign-funded enterprise exceeding the amount of originally invested equity by a large margin and obviously not commensurate with its business operation；

　　（16） A foreign-funde

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