Full name: detailed rules for the implementation of the Measures for the Administration of Large and Suspicious Foreign Exchange Fund Transaction Reports of Financial Institutions.

Detailed rules for the implementation of the measures for the administration of large-value and suspicious foreign exchange fund transaction reports of financial institutions

Chapter 1 General Provisions?

Article 1 These Detailed Rules are formulated in accordance with the Law of the People's Bank of China, the Regulations on Anti-Money Laundering of Financial Institutions and the Measures for the Administration of Large and Suspicious Foreign Exchange Fund Transaction Reports of Financial Institutions (hereinafter referred to as the "Administrative Measures") in order to standardize the reporting of large and suspicious foreign exchange funds by financial institutions and promote the anti-money laundering work in the foreign exchange field. ?

Article 2 The State Administration of Foreign Exchange and its branches (hereinafter referred to as the SAFE) are responsible for inspecting, supervising and managing the implementation of these Administrative Measures by financial institutions, and collecting, screening, discriminating and analyzing the data of large and suspicious foreign exchange fund transactions reported by financial institutions. After tracking and verifying the suspicious information of foreign exchange fund transactions, investigate and deal with violations of foreign exchange management laws and regulations, and hand over the information and clues of illegal acts such as money laundering crimes to public security and other law enforcement departments; Cooperate with other regulatory departments, law enforcement departments and judicial departments to prevent and crack down on illegal activities such as money laundering. ?

Article 3 Financial institutions shall strictly abide by the anti-money laundering system and earnestly perform their anti-money laundering duties. ?

Financial institutions shall establish and improve the internal control system against money laundering, set up special anti-money laundering institutions or designate internal institutions to be responsible for anti-money laundering work, and designate responsible persons. ?

Financial institutions should implement the principle of "know your customer", abide by the relevant regulations such as personal deposit account real-name registration system, and know the customer's identity information, daily operation and other credit status when establishing business contacts with customers and handling foreign exchange business, so as to identify customers. ?

Financial institutions shall identify, examine and verify large and suspicious foreign exchange fund transaction information, and report to the foreign exchange bureau in a timely manner.

Financial institutions shall keep all kinds of files formed during the performance of anti-money laundering duties for at least 5 years. ?

Financial institutions shall abide by the confidentiality system, and shall not disclose to any unit or individual the information of large and suspicious foreign exchange fund transactions, and shall not disclose to any unit or individual the information of customers being inquired, verified and investigated. Unless otherwise stipulated by the state. ?

Financial institutions shall assist and cooperate with the anti-money laundering work of foreign exchange bureaus, other regulatory departments, law enforcement departments and judicial departments. ?

Chapter II What are the contents and standards of large-sum and suspicious foreign exchange fund transaction reports?

Article 4 Financial institutions shall report the foreign exchange transactions stipulated in Article 8 of the Administrative Measures in the form of paper documents and electronic documents at the same time every month. ?

Financial institutions that meet the requirements of Items (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12) and (19) of Article 9 and Article 10 of the Administrative Measures. ?

Article 5 Financial institutions shall, in accordance with Items (13), (14), (15), (16), (17) and (18) of Article 10, Items (1) and (2) of Article 12, Items (1), (2), (4) and (5) of Article 13 of the Administrative Measures. ?

Article 6 Large and suspicious foreign exchange transactions conducted by customers through accounts (or bank cards) opened in domestic financial institutions shall be reported by the account opening bank (or issuing bank). Large and suspicious foreign exchange fund transactions conducted by customers through overseas bank cards shall be reported by the acquiring institution; Large-value and suspicious foreign exchange fund transactions that customers have not conducted through their accounts (or bank cards) shall be reported by the business handling bank. ?

Article 7 When declaring large and suspicious foreign exchange fund transactions, the cumulative transaction amount stipulated in the Administrative Measures shall be calculated and declared unilaterally according to the income or payment of funds. ?

If funds flow between foreign exchange accounts, statistics and reports shall be made according to relevant non-cash standards; Deposits of foreign exchange cash into accounts, withdrawals of foreign exchange cash from accounts and other cash transactions shall be counted and reported according to the relevant standards of cash. ?

Article 8 The term "large foreign exchange fund transactions" as mentioned in Article 8 of the Administrative Measures refers to:

(1) All cash foreign exchange transactions of an enterprise or individual with a single or cumulative equivalent of 1 10,000 USD or more on that day;

(2) All individual non-cash foreign exchange transactions with a single or cumulative equivalent of more than $654.38 million on that day; ?

(3) All non-cash foreign exchange transactions of the enterprise with a single or cumulative equivalent of more than 500,000 US dollars on the same day; ?

However, large foreign exchange fund transactions that meet the following conditions do not need to be declared:

(1) After the time deposit expires, it will not be withdrawn or transferred directly, but the principal or the principal plus all or part of the interest will be continuously deposited into the account under the same account name opened by the customer in this financial institution; ?

(2) Converting the principal or principal plus all or part of interest of demand deposits into time deposits under the same account name opened by customers in this financial institution; ?

(3) The principal or principal plus all or part of interest of time deposit is converted into demand deposit under the same account opened by the customer in this financial institution; ?

(4) Large-sum exchange transactions between different foreign currencies in the course of foreign exchange transactions of individual companies; ?

(5) Large foreign exchange fund transactions by Party organs, state organs at all levels (including state power organs, administrative organs, judicial organs and military organs), China People's Liberation Army and armed police forces, the National Committee of China People's Political Consultative Conference and local committees. The above institutions do not include all kinds of enterprises and institutions under them; ?

(six) large foreign exchange fund transactions under loans from international financial organizations and foreign governments; ?

(seven) large debt swap transactions under loans from international financial organizations and foreign governments; ?

(eight) other large foreign exchange fund transactions as stipulated by the State Administration of Foreign Exchange. ?

Article 9 The term "large amount" as mentioned in Articles 9, 10, 12 and 13 of the Administrative Measures means that the amount of foreign exchange funds in a single or cumulative transaction shall not be lower than the following standards:

(a) Cash transactions in foreign exchange equivalent to $8,000; ?

(2) Personal foreign exchange non-cash transactions are equivalent to $80,000; ?

(3) Non-cash foreign exchange transactions of enterprises are equivalent to USD 480,000. ?

Article 10 The term "majority" as mentioned in Items (9) and (10) of Article 9 of the Administrative Measures refers to more than 50%.

Article 11 "Large RMB cash" as mentioned in Item (3) of Article 12 of the Administrative Measures refers to RMB cash of more than 200,000 yuan. ?

Article 12 The annual profit remitted by a foreign-invested enterprise mentioned in Item (15) of Article 10 of the Administrative Measures obviously exceeds the original invested share capital or is obviously inconsistent with its operating conditions, which means that the accumulated remitted profits of the foreign party in that year exceed 50% of the invested share capital or are inconsistent with the operating conditions of the enterprise. ?

Article 13 "Cancellation of deposits or loans" as mentioned in Item (17) of Article 10 of the Administrative Measures refers to mutual cancellation or cancellation of deposits or loans between financial institutions, enterprises and individuals and subsidiaries or affiliated companies of financial institutions in areas with serious crimes such as smuggling, drug trafficking and terrorist activities. ?

Article 14 The amount of foreign exchange account expenditures mentioned in Item (1) of Article 12 of the Administrative Measures is basically the same as the amount of cash deposits on the current day or the previous day, which refers to transactions in which the amount of cash withdrawn, settled, remitted and transferred from foreign exchange accounts is basically the same as the amount of cash deposits on the current day or the previous day. ?

Article 15 A number of foreign exchange or RMB cash mentioned in Item (2) of Article 12 of the Administrative Measures are respectively deposited into other people's foreign currency savings accounts. When the same account owner receives the corresponding amount of RMB or foreign exchange at the same time, it means that both parties (including domestic and overseas parties) receive foreign exchange or RMB transactions respectively, that is, one party deposits foreign exchange into other people's savings account or settlement account, and its own savings account or settlement account receives the corresponding RMB, and vice versa. ?

Article 16 The term "transfer of foreign exchange funds within an enterprise group exceeds the actual business transaction amount" mentioned in Item (5) of Article 13 of the Administrative Measures refers to transactions in which foreign exchange funds between enterprises within an enterprise group or with affiliated companies do not meet the actual business needs. ?

Article 17 The term "an enterprise that insists on handling foreign exchange trading while knowing that there are losses" as mentioned in Item (15) of Article 13 of the Administrative Measures refers to the act of insisting on handling foreign exchange trading without reasonable reasons, knowing that objective conditions unfavorable to the transaction have emerged. ?

Article 18 The foreign exchange fund transactions mentioned in Item (24) of Article 13 of the Administrative Measures that employees of banks and other financial institutions have reasonable reasons to suspect refer to all non-cash and cash foreign exchange transactions that employees of financial institutions may be related to illegal and criminal activities such as money laundering when performing their duty of reasonable care. ?

Chapter III Reporting Procedures for Large and Suspicious Foreign Exchange Fund Transactions of Financial Institutions

Article 19 When reporting large-sum and suspicious foreign exchange fund transactions, financial institutions shall accurately fill in the report form formulated by the State Administration of Foreign Exchange, and submit it to the foreign exchange bureau after verification.

Article 20 A financial institution shall, in accordance with the provisions of Paragraph 1 of Article 4 of these Rules, fill in the Monthly Statement of Large Foreign Exchange Fund Transactions of Enterprises (hereinafter referred to as Table 1) or the Monthly Statement of Large Foreign Exchange Fund Transactions of Residents and Non-residents (hereinafter referred to as Table 2). ?

For the suspicious foreign exchange fund transactions referred to in the second paragraph of Article 4 of these Rules, the Monthly Report of Suspicious Foreign Exchange Fund Transactions (hereinafter referred to as Table 3) shall be filled out on a monthly basis. ?

In case of suspicious foreign exchange fund transactions in accordance with Article 5 of these Rules, the Report Form for Identifying Suspicious Foreign Exchange Fund Transactions by Financial Institutions (hereinafter referred to as Table 4) or the Report Form for the Transfer of Suspected Money Laundering Cases (Clues) in the Foreign Exchange Field (see Annex 1) shall be filled out in time, and relevant materials shall be attached. ?

Article 21 Branches of financial institutions shall, within the first five working days of each month, summarize the large-sum and suspicious foreign exchange fund transaction information of last month, fill in forms 1, 2 and 3, report them to the main reporting institution step by step, and submit them to the local foreign exchange bureau in both paper and electronic forms. ?

The headquarters of each financial institution shall, within the first five working days of each month, fill in Table 1, Table 2 and Table 3 of the large-value and suspicious foreign exchange fund transactions handled by the institution last month, and report them to the local foreign exchange bureau in both paper and electronic forms. ?

Article 22 The main reporting institutions shall summarize the information of large-sum and suspicious foreign exchange fund transactions in the last month before 15 every month, fill in tables 1, table 2 and table 3, submit them to the headquarters of their financial institutions, and report them to the branches of provinces, autonomous regions and municipalities directly under the Central Government and the foreign exchange management department where the State Administration of Foreign Exchange is located in paper and electronic form. ?

Article 23 The headquarters of a financial institution shall, before the 20th of each month, summarize the information of large and suspicious foreign exchange transactions in the last month within its jurisdiction, fill in Form 1, Form 2 and Form 3, and report them to the State Administration of Foreign Exchange in the form of electronic documents. ?

Article 24 Financial institutions shall check suspicious foreign exchange fund transactions in accordance with the provisions of Article 5 of these Rules. If it is found that money laundering is suspected, it shall fill in Form 4 within 3 working days from the date of discovery and submit relevant materials to the local foreign exchange bureau. ?

Article 25 If a financial institution discovers a suspected money laundering crime case (clue), it shall fill in the Report on the Transfer of Suspected Money Laundering Crimes (Clues) in the Foreign Exchange Field within 3 working days from the date of discovery, hand it over to the public security department together with relevant materials, and report it to the local foreign exchange bureau. ?

Article 26 If the following conditions are met, financial institutions may electronically collect large and quantifiable suspicious foreign exchange fund transaction report data:

(a) to ensure the integrity, standardization and authenticity of data; ?

(2) The data comes from core business data such as accounting data in the original database of financial institutions; ?

(3) Follow the quantitative indicators and interface specifications promulgated by the State Administration of Foreign Exchange. ?

Chapter IV Handling of Large and Suspicious Foreign Exchange Funds by the Foreign Exchange Bureau

Summarize, screen, identify, analyze, investigate, verify and process report data.

Article 27 The foreign exchange bureau shall conduct normative inspection on the statements submitted by financial institutions in accordance with the prescribed procedures. Ordering relevant financial institutions to timely fill in the statements that failed the normative inspection. ?

The branches of the State Administration of Foreign Exchange in provinces, autonomous regions and municipalities directly under the Central Government and the foreign exchange administration department shall summarize and report the first, second and third forms that have passed the standard inspection to the State Administration of Foreign Exchange before the 20th of each month. ?

All branches of the State Administration of Foreign Exchange shall report to the branches of the State Administration of Foreign Exchange in provinces, autonomous regions and municipalities directly under the Central Government and the foreign exchange administration department in a timely manner after receiving Table 4 and the Report on the Transfer of Suspected Money Laundering Cases (Clues) in the Foreign Exchange Field submitted by financial institutions. ?

Article 28 The foreign exchange bureau shall timely sort out and put into storage the electronic data that have passed the standard inspection, summarize, screen, discriminate, analyze and verify them, and submit analysis reports (monthly analysis reports and quarterly analysis reports) to the foreign exchange bureau at the next higher level as required.

Article 29 The superior bureau of foreign exchange administration shall hand over and verify the suspicious foreign exchange fund transaction information to the subordinate bureau, and fill in the Information Transfer Form for Large and Suspicious Foreign Exchange Fund Transactions (see Annex 2). The subordinate bureau shall conduct verification in time, and report the verification and processing results to the superior bureau within the specified time. ?

Article 30 Where other branches and sub-branches need to assist in verifying the information of foreign exchange fund transactions, the branches and sub-branches of the State Administration of Foreign Exchange shall fill out the Letter of Investigation on Large and Suspicious Foreign Exchange Fund Transactions (see Annex 3), and the branches and sub-branches that assist in verification shall conduct verification in time and feed back the verification results. ?

Article 31 Where a financial institution is required to assist in verifying the information of foreign exchange fund transactions, the foreign exchange bureau shall fill in the Notice of Off-site Verification of Large and Suspicious Foreign Exchange Fund Transactions (see Annex 4). Financial institutions should assist in the verification as required, and truthfully feedback the verification results. ?

Article 32 When the foreign exchange bureau discovers a suspected money laundering case (clue), it shall hand it over to the public security department in accordance with the provisions of the Ministry of Public Security and the State Administration of Foreign Exchange on anti-money laundering cooperation in the foreign exchange field; If other illegal acts (clues) are found, they shall be handed over to the relevant law enforcement departments in accordance with the operating rules for case transfer. ?

Article 33 The foreign exchange bureau shall investigate and deal with acts suspected of violating foreign exchange control regulations found in the verification. ?

The branches and foreign exchange administrations of all provinces, autonomous regions and municipalities directly under the Central Government of the State Administration of Foreign Exchange shall report to the State Administration of Foreign Exchange on the following work carried out by the branches and foreign exchange bureaus under their jurisdiction by using the report information of large and suspicious foreign exchange fund transactions:

(1) Finding clues of cases suspected of illegal and criminal acts and handing them over to the public security department in accordance with regulations; ?

(two) to assist the judicial organs and other law enforcement organs; ?

(3) To discover and investigate acts suspected of violating foreign exchange control regulations. ?

Chapter v legal liability?

Article 34 If a financial institution fails to report large or suspicious foreign exchange transactions in time, the foreign exchange bureau shall give it a warning and impose a fine of 50,000 yuan to 300,000 yuan according to Article 25 of the Measures for Punishment of Financial Violations. ?

Article 35 If a financial institution fails to review the account opening information or the account opening information is incomplete according to the regulations, the foreign exchange bureau shall order it to make corrections, cancel its foreign exchange account and informed criticism, and impose a fine of 50,000 yuan to 300,000 yuan. ?

Article 36 If a financial institution is under any of the following circumstances, the foreign exchange bureau shall, in accordance with the provisions of Article 49 of the Regulations on Foreign Exchange Control in People's Republic of China (PRC), order it to make corrections, informed criticism and impose a fine of 50,000 yuan to 300,000 yuan:

(1) Failing to cooperate with the off-site verification of anti-money laundering information of the foreign exchange bureau; ?

(2) Failing to cooperate with the on-site verification of anti-money laundering information of the foreign exchange bureau; ?

(3) Failing to establish an anti-money laundering internal control system in accordance with regulations; ?

(four) there are other acts that do not accept the inspection and supervision of other anti-money laundering work of the foreign exchange bureau. ?

Article 37 In any of the following circumstances, a financial institution shall be ordered by the foreign exchange bureau to make corrections according to Article 17 of the Administrative Measures, given a warning, and may be fined between 65,438 yuan and 30,000 yuan.

(1) Failing to submit a complete report on transactions of large or suspicious foreign exchange funds as required; ?

(2) Failing to accurately report large or suspicious foreign exchange fund transactions as required, and the report is wrong; ?

(3) Failing to keep records of large or suspicious foreign exchange fund transactions and related materials in accordance with regulations; ?

(four) in violation of the provisions of the disclosure of large or suspicious foreign exchange funds trading information, or disclosure of information about customers who are inquired, inspected and investigated. ?

Article 38 If a financial institution fails to check the account opening information as required or opens a foreign exchange account for an individual with incomplete account opening information, the foreign exchange bureau shall, according to Article 18 of the Administrative Measures, order it to make corrections, give it a warning and may impose a fine of 1000 to 5,000 yuan. ?

Article 39 If a financial institution violates the relevant provisions on anti-money laundering when handling foreign exchange business, and the circumstances are serious, resulting in significant consequences, the foreign exchange bureau may suspend or stop part or all of its foreign exchange settlement and sale business in accordance with the provisions of Article 19 of the Administrative Measures, and may suggest other financial regulatory authorities to suspend or stop other foreign exchange business of the financial institution. ?

Fortieth staff of financial institutions who violate the relevant anti-money laundering regulations and assist in money laundering shall be given disciplinary sanctions in accordance with Article 20 of the Administrative Measures; If the case constitutes a crime, it shall be transferred to judicial organs for criminal responsibility. ?

Chapter VI Supplementary Provisions?

Article 41 "Main reporting institution" refers to the first-level branches of financial institutions in provincial capitals, autonomous regions and municipalities directly under the Central Government, or the specific institutions designated by the headquarters of financial institutions to collect, summarize and report the large and suspicious foreign exchange fund transactions of branches of the State Administration of Foreign Exchange in a certain province, autonomous region and municipality directly under the Central Government and the foreign exchange administration departments in the region. ?

Article 42 The relevant provisions of the Administrative Measures and these Detailed Rules on the reporting of large-value and suspicious foreign exchange transactions of enterprises are applicable to domestic institutions such as state organs, social organizations and armed forces, overseas institutions that have opened accounts in domestic financial institutions, overseas institutions that handle foreign exchange business through this account, and overseas institutions that have not opened accounts in domestic financial institutions. ?

Article 43 The State Administration of Foreign Exchange shall be responsible for the interpretation of these Detailed Rules. ?

Article 44 These Rules shall come into force as of the date of promulgation.

Attachment 1: List of cases (clues) transferred (reported) suspected of money laundering in foreign exchange field (omitted)

Appendix 2: Information Transfer Form of Large and Suspicious Foreign Exchange Fund Transactions of the State Administration of Foreign Exchange (omitted)

Appendix 3: Investigation Letter of the State Administration of Foreign Exchange on Large and Suspicious Foreign Exchange Fund Transactions (omitted)

Annex 4: Notice of Off-site Verification of Large and Suspicious Foreign Exchange Fund Transactions of the State Administration of Foreign Exchange (omitted)