It means that when establishing a business relationship with customers or conducting transactions with them, the subject of anti-money laundering obligation should verify and record the identity of its customers according to the true and valid identity documents or other identity documents, and update the identity information of customers in time during the existence of business relationship.
Customer identification system is the basic work to prevent money laundering. Learn from international customer identification standards and combine with me.
In the practice of China, Article 16 of the Anti-Money Laundering Law stipulates in detail the obligation of financial institutions to establish a customer identification system.
At the same time, article 17 also stipulates that financial institutions may entrust a third party to identify customers under certain circumstances.
In order to ensure that financial institutions fulfill the anti-money laundering obligation of customer identification, Article 18 of the Anti-Money Laundering Law gives financial institutions the right to identify customers, and can verify the relevant identity information of customers with the public security, industrial and commercial administration and other departments when necessary.
2, large and suspicious transaction reporting system;
Illegal capital flows are generally characterized by huge amounts and abnormal transactions. Therefore, the law provides a reporting system for large and suspicious transactions, requiring financial institutions and specific non-financial institutions to reach a certain amount standard.
Abnormal transactions that lack obvious economic and legal purposes should be reported to the anti-money laundering administrative department in time as clues to discover and trace illegal and criminal acts.
Among them, the large transaction report refers to the situation that financial institutions report to the anti-money laundering administrative department in accordance with the law on capital transactions with a specified amount or more.
Suspicious transaction report means that a financial institution suspects or has reason to suspect that a certain fund belongs to the proceeds of criminal activities or is related to terrorist financing, and should report it to the anti-money laundering administrative department according to regulations.
Article 20 of the Anti-Money Laundering Law stipulates that financial institutions shall establish a reporting system for large-value transactions and suspicious transactions:
Financial institutions are required to handle a single transaction, or the accumulated transactions exceed the specified amount within the specified time, or suspicious transactions are found, and they should report to the Anti-Money Laundering Information Center in time as clues to discover and trace money laundering.
3, customer identity data and transaction records preservation system:
The preservation of customer identity data and transaction records means that financial institutions take necessary measures according to law to preserve customer identity data and transaction information for a certain period of time. The main purpose of establishing this system is threefold:
First, as a record and proof of financial institutions' performance of customer identification and transaction reporting obligations;
Second, it can provide a basis for grasping the true identity of customers, reproducing the process of customer fund transactions and finding suspicious transactions; The third is to provide evidence for investigation, investigation, prosecution and trial of criminal activities.
Article 19 of the Anti-Money Laundering Law clearly stipulates the specific content of this system. Referring to international rules, it is stipulated that customer identity information and customer transaction information should be kept for at least five years after the end of business relationship.
Extended data:
According to the actual needs of anti-money laundering work in China and the requirements put forward by NPC deputies, the bill of Anti-Money Laundering Law should be formulated as soon as possible.
The National People's Congress Standing Committee (NPCSC) has included the enactment of the Anti-Money Laundering Law in the 10th the National People's Congress Standing Committee (NPCSC) Legislative Plan, and was entrusted by Chairman the National People's Congress Standing Committee (NPCSC)'s meeting to be drafted by the Budget Working Committee.
In March 2004, the drafting of the Anti-Money Laundering Law was fully launched. On the basis of extensive investigation and consultation, People's Republic of China (PRC) Anti-Money Laundering Law (Draft) was formed.
In April, 2006, it was submitted to the 21st meeting of the 10th the National People's Congress Standing Committee (NPCSC) for preliminary examination. The 23rd meeting of the 10th the NPC Standing Committee and the 24th meeting of the Standing Committee were deliberated.
After three deliberations, the 10th the National People's Congress Standing Committee (NPCSC) passed the People's Republic of China (PRC) Anti-Money Laundering Law on June 5438+ 10, 2006, which stipulated that the law would come into force on June 5438+ 10/2007.
Anti-money laundering:
It refers to money laundering activities that prevent the source and nature of drug crimes, organized crimes of underworld nature, terrorist crimes, smuggling crimes, corruption and bribery crimes and crimes that undermine financial management order from being covered up by various means.
At present, common money laundering methods are widely involved in banking, insurance, securities, real estate and other fields.
Anti-money laundering is a systematic project in which the government uses legislative and judicial power to mobilize relevant organizations and commercial institutions to identify possible money laundering activities, dispose of relevant funds and punish relevant institutions and personnel in order to stop criminal activities.
From the international experience, the main activities of money laundering and anti-money laundering are carried out in the financial field. Almost all countries put the anti-money laundering of financial institutions at the core, and the cooperation of the international community against money laundering is mainly in the financial field.
On February 2, 2065438, the China Banking Regulatory Commission issued the Measures for the Administration of Anti-Money Laundering and Anti-Terrorist Financing of Banking Financial Institutions. From the aspects of improving the internal control system of banking financial institutions, perfecting the supervision mechanism and clarifying the market access standards,
Establish the basic framework of banking anti-money laundering of China Banking and Insurance Regulatory Commission. Money laundering has serious social harm, which not only damages the security of the financial system and the credibility of financial institutions, but also greatly damages the normal economic order and social stability in China.
First, the needs of the domestic situation:
In recent years, with the continuous occurrence of crimes such as smuggling, drugs, corruption and bribery, there are a large number of illegal fund transfer activities, and the problem of money laundering in China has become increasingly prominent.
Due to the lack of preventive and monitoring measures for money laundering, it is impossible to find criminal clues early, which affects the pursuit, crackdown and recovery of money laundering crimes and their upstream crimes.
The government and all walks of life are increasingly calling for strengthening anti-money laundering legislation and improving the anti-money laundering legal system.
Second, the needs of the international situation:
Money laundering has transnational characteristics. To curb and combat transnational money laundering, it is necessary to standardize and coordinate domestic and international legislation and strengthen international cooperation against money laundering.
China has ratified the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and the United Nations Convention against Transnational Organized Crime.
The United Nations Convention against Corruption and the International Convention for the Suppression of the Financing of Terrorism. , all explicitly require member States to establish and improve the anti-money laundering legal system.
Third, the needs of practical work:
Regarding anti-money laundering activities, although China lacked a complete anti-money laundering law before, the anti-money laundering work has not stopped since the 1990s.
In investigating crimes, such as 1997 criminal law, the crime of money laundering is clearly defined and severely punished.
In terms of system perfection, such as the Law of the People's Bank of China, the Anti-Money Laundering Regulations of Financial Institutions formulated by the People's Bank of China in 2003,
The Measures for the Administration of Large and Suspicious RMB Payment Transactions, the Measures for the Administration of Large and Suspicious Foreign Exchange Fund Transaction Reports of Financial Institutions, and the personal deposit account real-name registration system all involve anti-money laundering and provide favorable conditions for anti-money laundering legislation.
However, considering the existing laws, administrative regulations and departmental rules for preventing and monitoring money laundering activities in China, there are some problems such as incomplete legal system, poor systematicness and coordination, low legal level and legal effect, narrow scope of application and so on.
At present, the anti-money laundering work is mainly based on departmental regulations and normative documents, and it lacks strong constraints on financial institutions other than deposits and specific non-financial institutions in the financial industry, which affects the strength and effect of anti-money laundering.
Therefore, in order to effectively prevent and monitor money laundering activities, find clues of money laundering crimes as soon as possible, crack down on such crimes and recover the proceeds of crimes, and protect the legitimate rights and interests of citizens, it is very necessary to formulate an anti-money laundering law that is conducive to strengthening international cooperation and conforms to China's national conditions.
Baidu Encyclopedia-Anti-Money Laundering