人民币大额和可疑支付交易报告管理办法 Order of the Peoples Bank of China

n an operational office of a financial institution finds， after analyzing a case of RMB payment transaction， the need for immediate criminal investigation against the suspect， it shall report to the local public security authority immediately and its superior branch at the same time.

　　Article 19 Branches， operation offices and provincial capital sub-branches of the People's Bank of China shall analyze the Suspicious Payment Transaction Reporting Forms submitted by financial institutions. When it is necessary for the reporting financial institution to provide additional material or further explanation， the said financial institution shall be informed immediately.

　　Article 20 Each branch， operation office and provincial capital sub-branch of the People's Bank of China shall make a weekly summary of the Suspicious Payment Transaction Reporting Forms submitted by financial institutions and report to the head office of the People's Bank of China on the first business day of every week. The payment transaction shall be reported to the head office of the People's Bank of China immediately after its discovery if the case is serious.

　　Article 21 The People's Bank of China and financial institutions shall not disclose to any institution or individual information about suspicious payment transactions， unless otherwise stipulated by laws.

　　Article 22 When a financial institution fails to examine the document submitted for opening accounts in accordance with relevant regulations and opens a settlement account for an individual， the People's Bank of China shall issue a warning and concurrently impose on it a fine between RMB1，000 yuan and RMB5，000 yuan. In a serious case， its senior executives directly responsible for such misconduct shall be banned from taking any senior position in the financial industry.

　　Article 23 In the case of any of the following misconduct by a financial institution， the People's Bank of China shall issue a warning and order the financial institution to take remedial action within a specified period of time， and if the financial institution fails to do so within the specified time limit，

a fine up to RMB30，000 yuan may be imposed.

　　（1） Opening account without examining the submitted materials according to relevant regulations that leads to the opening of a falsified institutional bank settlement account；

　　（2） Failing to create depositor's databank or having incomplete depositor's information；

　　（3） Failing to keep customer transactions record as stipulated；

　　（4） Failing to examine and report payment transactions in accordance with these Rules；

　　（5） Failing to report any known suspicious payment transaction or a suspicious payment transaction that should have been reported；

　　（6） Disclosing suspicious payment transaction information in violation of Article 21.

　　Article 24 Disciplinary penalty shall be imposed on the staff of a financial institution who is/are involved in falsifying account-opening materials to open bank settlement account（s） for individual（s） and facilitate money-laundering activities； when the misconduct constitutes a violation of the criminal law， the case shall be transferred to judiciary authorities.

　　Article 25 When a financial institution seriously violates these Rules， the People's Bank of China shall cease its approval for the institution to open basic deposit account， suspend or terminate part or all of its payment and settlement business and ban the senior executives directly responsible for such violations from taking any senior management position in the industry.

　　Article 26 Staff of the People's Bank of China shall be imposed an administrative penalty in accordance with laws for any violation of Article 21 of these Rules.

　　Article 27 When “above”， “between” and “up to” are used to indicate a threshold number， a floor or a ceiling， the number that ensues any of them is also included.

　　Article 28 These Rules shall enter into force as of March 1， 2003

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