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

d enterprise rapidly moving the fund abroad in a short period of time after receiving the investment， which is not commensurate with the payment demand of its business operation；

　　（17） Offsetting deposit and loan transactions with affiliates or connected companies of financial institutions located in regions with serious smuggling， drug trafficking or terrorist activities or other crimes；

　　（18） Securities institutions ordering banks to transfer foreign exchange fund not for the purpose of securities dealing or settlement；

　　（19） Securities institutions that engages in B share trading business frequently borrowing large amount of foreign exchange fund through banks； and

　　（20） Insurance institutions frequently making compensation payment in large amount to or discharging insurance in large amount for the same overseas policy holder through banks.

　　Article 11 Financial institutions shall report the large-value or suspicious foreign exchange fund transactions as defined by Articles 8， 9 and 10 monthly in hard copy as well as in electronic copy.

　　Article 12 Financial institutions shall examine the following foreign exchange cash transactions and report promptly any discovery of suspected money laundering in hard copy with relevant documents attached.

　　（1） Amount of expenditure of foreign exchange account roughly tallying with the amount of deposit in the previous day；

　　（2） Depositing foreign exchange or renminbi cash in many transactions in the foreign exchange deposit accounts of other individuals and receiving at the same time renminbi or foreign exchange of equivalent amount；

　　（3） An enterprise frequently purchasing foreign exchange with renminbi cash.

　　Article 13 Financial institutions shall conduct verification over the following non-cash foreign exchange transactions， and shall promptly report any discovering of suspected money laundering activity and attach related files to the superior authorities：

　　（1） An individual resident frequently switching from one denomination to another when conducting foreign exchange transactions apparently with n

o profit-seeking purpose；

　　（2） An individual resident asking a bank to issue traveler's check or draft after frequently receiving foreign exchange remittance from abroad；

　　（3） A non-resident individual frequently ordering traveler's check or cashing traveler's check or draft in large amount through foreign exchange account；

　　（4） When opening foreign exchange account， an enterprise declining to provide supporting documents or general information on different occasions；

　　（5） An enterprise group making internal foreign exchange fund transfer exceeding the volume of actual business operation；

　　（6） An enterprise providing incomplete documents when surrendering to or purchasing foreign exchange from a bank， or the amount of buying or selling suddenly expanding， selling and buying becoming more frequent， or the amount of foreign exchange sold to the bank apparently exceeding the normal level of its business operation；

　　（7） When entering an item of export revenue into an account in a bank， an enterprise failing to provide valid documents but frequently collecting foreign exchange sales statement （for verification purpose）， or rejecting to provide valid documents but frequently collecting foreign exchange sales statement （for verification purpose）；

　　（8） An enterprise frequently receiving foreign exchange， making foreign exchange payment or frequently selling foreign exchange to banks， all in large amount， for the purpose of donation， advertising， sponsoring conference or exhibition， which is apparently not commensurate with its range of business；

　　（9） An enterprise frequently receiving foreign exchange， making foreign exchange payment， or frequently selling foreign exchange to banks， all in large amount， for the purchase of buying or selling technology or trade mark right or other intangible assets， which is apparently not commensurate with its range of business；

　　（10） Freight， premium and commission paid by an enterprise apparently not commensurate with its import and export trade；

　　（11） An enterprise often depositing traveler's check or foreign exchange draft， especially those issued abroad and not commensurate with its business operation；

　　（12） An enterprise suddenly paying its overdue foreign exchange loan in full with fund whose source is unspecified or not commensurate with the background of the said enterprise；

　　（13） An enterprise applying for a loan guaranteed by assets or credit belonging to itself or a third party， the source of which is unspecified or not commensurate with the background of the customer；

　　（14） Raising fund abroad through letter of credit with no foreign trade background or other means；

　　（15） An enterprise knowingly conducting loss-making sales or purchase of foreign exchange；

　　（16） An enterprise seeking to conduct a swap between the local currency and foreign currency for a fund whose source and use is unspecified；

　　（17） The capital invested by the foreign partner of a foreign-funded enterprise exceeding the approved amount or direct external borrowing of a foreign-funded enterprise being remitted from a third country where there is no connected enterprise；

　　（18） Local currency fund converted from capital invested by the foreign partner of a foreign-funded enterprise or external borrowing being diverted to bank accounts for securities and other investment， which is not commensurate with its business operation；

　　（19） Fund movement in and out of the foreign exchange cash account of an financial institution apparently not commensurate with the size of the deposit in the account， or the fluctuation of fund movement apparently exceeding the change in the size of deposit；

　　（20） Fund movement of the internal foreign exchange transaction accounts of a financial institution apparently not commensurate with its daily business operation；

　　（21

） Fund movement of the inter-bank foreign exchange transaction account， onshore and offshore business transaction account， or account for transactions with overseas affiliates apparently not commensurate with the daily business operation of the financial institution；

　　（22） Foreign exchange credit or settlement between a financial institution and its connected enterprises fluctuating by a large margin within a short period of time；

　　（23） A financial institution buying an insurance policy with large value foreign currency cash； and

　　（24） Any foreign exchange fund transaction being suspected with proper reasons by the staff of a bank or other financial institutions as money laundering.

　　Article 14 Tier-one branches located in provincial capital， capital of autonomous region and municipality directly under the central government of a financial institution shall act as the major reporting unit and the head office of the financial institution shall designate a major reporting unit if there is no such branch in these places.

　　Sub-branches and offices of a financial institution shall report， within the first five work days of every month， large-value and suspicious foreign exchange fund transactions of the preceding month through their superior office to the major reporting unit and at the same time to the local branch office of SAFE.

　　Each major reporting unit shall summarize large-value and suspicious foreign exchange fund transactions that take place in the province， autonomous region or municipality directly under Central Government in the preceding month and report， within the first 15 work days of every month， to the local branch office of SAFE.

　　The head office of each financial institution shall report， within the first five days of every month， large-value and suspicious foreign exchange fund transactions that take place within the head office in the preceding month to the local branch office of SAFE.

　　Article 15 When a financial institution discovers suspected crime during the examination and analysis of large-value and suspicious foreign exchange fund transactions， it shall report to the local public security authority and local SAFE office within three work days as of the day of discovery.

　　Article 16 SAFE branch offices in every province， autonomous region， and municipality directly under the central government shall summarize large-value and suspicious foreign exchange fund transactions reported by financial institutes and report to SAFE head office within the first 20 work days of every month； when a foreign exchange transaction is suspected as crime， the case shall be transferred promptly to local public security authority and to the SAFE head office.

　　Article 17 In the case of any of the following misconduct by a financial institution， the SAFE shall issue a warning， order the financial institution to take remedial action， and impose a fine between RMB10，000 yuan to RMB30，000 yuan.

　　（1） Failing to report， according to relevant rules and regulations， large-value or suspicious foreign exchange fund transactions；

　　（2） Failing to keep large-value or suspicious foreign exchange transactions in record as stipulated by relevant rules and regulations；

　　（3） Disclosing large-value or suspicious foreign exchange fund transactions in violation of relevant rules and regulations； and

　　（4） Opening foreign exchange account without examining account-opening document.

　　Article 18 When a financial institution opens a foreign exchange account for an individual customer without exam

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/