According to the Anti-Money Laundering Law of People's Republic of China (PRC), the Decision of the NPC Standing Committee on Strengthening Anti-Terrorism Work and other laws, the People's Bank of China, the Ministry of Public Security and the Ministry of National Security have formulated the Measures for the Administration of the Freeze of Terrorist Assets, which are hereby promulgated and shall come into force as of 20 14 10.

Legal basis:

Measures for the administration of asset freezing involving terrorist activities

Article 1 These Measures are formulated in accordance with the Anti-Money Laundering Law of People's Republic of China (PRC) and the Decision of the NPC Standing Committee on Strengthening Anti-Terrorism Work in order to standardize the procedures and behaviors of freezing assets related to terrorist activities and safeguard national security and social interests.

Article 2 These Measures shall apply to financial institutions and specific non-financial institutions established in People's Republic of China (PRC) according to law.

Article 3 Financial institutions and specific non-financial institutions shall take measures to freeze relevant assets in strict accordance with the list of terrorist organizations and terrorist personnel and the decision to freeze assets issued by the Ministry of Public Security.

Article 4 Financial institutions and specific non-financial institutions shall formulate internal operating procedures and control measures for freezing assets involved in terrorist activities, and supervise and manage the implementation of these Measures by branches and subsidiaries; Designate specialized agencies or personnel to pay attention to and master the changes in the list of terrorist organizations and terrorist personnel; Improve the management of customer identity information and transaction information, and strengthen transaction monitoring.

Article 5 Financial institutions and specific non-financial institutions shall immediately take freezing measures when discovering assets owned or controlled by terrorist organizations and terrorists.

If freezing measures are taken for assets jointly owned or controlled by terrorist organizations and terrorists and others, but the shares cannot be divided or determined when freezing measures are taken, financial institutions and specific non-financial institutions shall jointly take freezing measures.

Financial institutions and specific non-financial institutions shall, in accordance with the provisions of Article 11 of these Measures, take measures to freeze the money collected or the assets transferred.

Article 6 After taking freezing measures, financial institutions and specific non-financial institutions shall immediately report the quantity, ownership, location and transaction information of assets in written form to the county-level public security organs and the municipal and county state security organs where the assets are located, and send a copy to the branches of the People's Bank of China where the assets are located. Local public security organs and local state security organs report to the Ministry of Public Security and the Ministry of National Security respectively according to procedures.

Unless otherwise required by the People's Bank of China and its branches, public security organs and state security organs, financial institutions and specific non-financial institutions shall promptly inform their customers and explain the basis and reasons for taking freezing measures.

Article 7 Financial institutions, specific non-financial institutions and their staff shall assist and cooperate with the investigation and evidence collection work of public security organs and state security organs according to law, and provide information, materials and related assets related to terrorist organizations and terrorists.

Financial institutions and their staff shall assist and cooperate with the anti-money laundering investigation of the People's Bank of China and its branches above the central branch of the provincial capital city, and provide information on the assets of terrorist organizations and terrorists.

Article 8 Financial institutions, specific non-financial institutions and their staff shall keep confidential the work information related to freezing measures, and shall not provide or disclose it to any unit or individual in violation of regulations, and shall not notify the owner, controller or manager of assets before freezing measures are taken.

Article 9 If financial institutions and specific non-financial institutions have reasonable reasons to suspect that customers or their counterparties and related assets are related to terrorist organizations and terrorists, they shall report suspicious transactions in accordance with the provisions of the People's Bank of China and report to public security organs and state security organs according to law.

Article 10 Financial institutions and specific non-financial institutions shall not lift the freezing measures without authorization.

In any of the following circumstances, financial institutions and specific non-financial institutions shall immediately lift the freezing measures and perform reporting procedures in accordance with the provisions of Article 6 of these Measures:

(1) The list of terrorist organizations and terrorist personnel published by the Ministry of Public Security has been adjusted, and freezing measures are no longer needed;

(2) The Ministry of Public Security or the Ministry of National Security finds that financial institutions or specific non-financial institutions have made mistakes in adopting freezing measures and notifies them in writing;

(3) When the public security organ or the state security organ investigates and deals with terrorist activities according to law, it puts forward other requirements for the disposal of relevant assets and informs them in writing;

(4) The effective ruling made by the people's court clearly requires the disposal of relevant assets;

(5) Other circumstances stipulated by laws and administrative regulations.

Article 11 During the freezing period of terrorism-related assets, if one of the following circumstances is met, the relevant accounts may collect money or transfer assets:

(a) Collecting fruits and other income from frozen assets;

(2) Creditor's rights to be repaid;

(3) In order not to affect the normal order of securities and futures trading, executing the trading instructions that came into effect before the publication of the list of terrorist organizations and terrorists.

Article 12 If it is necessary to use frozen assets for special reasons such as basic living expenses, the owner, controller or manager of the assets may apply to the county-level public security organ where the assets are located.

The public security organ that accepts the application shall report to the Ministry of Public Security for review according to the procedure. The Ministry of Public Security shall examine and handle the application within 30 days from the date of receiving it; After examination and approval, relevant financial institutions and specific non-financial institutions are required to dispose of relevant assets in accordance with the prescribed purposes, amounts and methods.

Thirteenth financial institutions and specific non-financial institutions shall, in accordance with the relevant provisions of the People's Bank of China, China Banking Regulatory Commission, China Securities Regulatory Commission and China Insurance Regulatory Commission, manage and dispose of the assets frozen in accordance with these Measures; If there are no provisions, the relevant provisions of public security organs, state security organs and procuratorial organs shall be followed.

Article 14 If an asset owner, controller or manager has any objection to the freezing measures taken by a financial institution or a specific non-financial institution, he may raise an objection to the public security organ at the county level where the asset is located.

The public security organ that accepts the objection shall report to the Ministry of Public Security in accordance with the procedures. The Ministry of Public Security shall make a review decision within 30 days from the date of receiving the objection application, and notify the objector in writing; If it is really inappropriate to freeze, it shall decide to lift the freezing measures.

Article 15 Where the relevant overseas departments request domestic financial institutions and specific non-financial institutions to freeze relevant assets and provide customer identity information and transaction information on the grounds of involving terrorist activities, the financial institutions and specific non-financial institutions shall inform the other party to make the request through diplomatic channels or judicial assistance channels; No freezing measures shall be taken without authorization, and no customer identity information and transaction information shall be provided without authorization.

Article 16 Financial institutions, overseas branches and subsidiaries of specific non-financial institutions shall take measures to freeze assets involved in terrorist activities in accordance with the legal provisions and regulatory requirements of the host country (region), and shall report relevant information to the headquarters of financial institutions and specific non-financial institutions in a timely manner.

After receiving the report, the headquarters of financial institutions and specific non-financial institutions shall promptly report the relevant information to the public security organs and state security organs where the headquarters are located, and send a copy to the branches of the People's Bank of China where the headquarters are located. Local public security organs and local state security organs report to the Ministry of Public Security and the Ministry of National Security respectively according to procedures.

Article 17 The People's Bank of China and its branches shall supervise and inspect the implementation of these Measures by financial institutions.

Specific measures for the supervision and inspection of the implementation of these measures by specific non-financial institutions shall be formulated separately by the People's Bank of China in conjunction with the relevant departments of the State Council.

Article 18 If the staff of the People's Bank of China, its branches, public security organs and state security organs violate the regulations and disclose work secrets, resulting in the illegal transfer and concealment of relevant assets and other property losses due to the wrong freezing measures, they shall be dealt with in accordance with the relevant regulations; Suspected to constitute a crime, transferred to judicial organs for criminal responsibility according to law.

Article 19 Financial institutions and their staff who violate these measures shall be punished by the People's Bank of China and its branches above the central branch according to Articles 31 and 32 of the Anti-Money Laundering Law of People's Republic of China (PRC) and the relevant provisions of the People's Bank of China; Suspected to constitute a crime, transferred to judicial organs for criminal responsibility according to law.

Article 20 The term "financial institutions" and "specific non-financial institutions" as mentioned in these Measures refers to institutions that should perform anti-money laundering obligations in accordance with the Anti-Money Laundering Law of People's Republic of China (PRC) and other laws and regulations. Payment institutions that have obtained payment business licenses in accordance with the Measures for the Administration of Payment Services of Non-financial Institutions (Order No.2 of the People's Bank of China [20 10]) shall be governed by the provisions of these Measures on financial institutions.

The freezing measures mentioned in these Measures refer to the necessary measures taken by financial institutions and specific non-financial institutions to prevent the relevant assets held, managed or controlled by them from being transferred, converted or disposed of, including but not limited to: termination of financial transactions; Refusing to extract, transfer or convert assets; Stop the opening, alteration, cancellation and use of financial accounts.

The assets mentioned in these Measures include but are not limited to: bank deposits, remittances, traveler's checks, bank checks, postal bills, insurance policies, bills of lading, warehouse receipts, stocks, bonds, bills of exchange and letters of credit, houses, vehicles, ships, goods and other legal documents and vouchers that prove the ownership and other rights and interests of assets in electronic or digital form.

Article 21 These Measures shall be interpreted by the People's Bank of China in conjunction with the Ministry of Public Security and the Ministry of National Security.

Article 22 These Measures shall come into force as of the date of promulgation.