The term "financial institutions" as mentioned in these Provisions refers to institutions established in People's Republic of China (PRC) according to law and engaged in financial business, including policy banks, commercial banks, credit cooperatives, postal savings and remittance institutions, finance companies, trust and investment companies, financial leasing companies and foreign-funded financial institutions. Article 3 Money laundering as mentioned in these Provisions refers to the act of concealing and concealing the illegal gains and the sources and nature of the gains from drug crimes, organized crimes of underworld nature, terrorist crimes, smuggling crimes or other crimes, so as to legalize them in form. Article 4 Financial institutions and their staff shall conscientiously fulfill their anti-money laundering obligations in accordance with these Provisions, carefully identify suspicious transactions, and shall not engage in unfair competition that hinders them from fulfilling their anti-money laundering obligations. Article 5 Financial institutions and their staff shall keep anti-money laundering secrets and shall not disclose anti-money laundering information to customers and other personnel in violation of regulations. Article 6 Financial institutions shall assist and cooperate with judicial organs and administrative law enforcement organs in cracking down on money laundering activities according to law, and assist judicial organs, customs, taxation and other departments in inquiring, freezing and deducting customer deposits according to laws, administrative regulations and other relevant provisions.
Overseas branches of Chinese-funded financial institutions shall abide by the anti-money laundering laws and regulations of the host country or region, and assist and cooperate with the anti-money laundering department of the host country or region according to law. Article 7 The People's Bank of China is the supervisory and administrative organ for anti-money laundering work of financial institutions.
The People's Bank of China shall set up a leading group for anti-money laundering of financial institutions to perform the following duties:
(1) Unified supervision and coordination of the anti-money laundering work of financial institutions;
(2) To study and formulate the anti-money laundering strategies, plans and policies of financial institutions, formulate the anti-money laundering work system, and formulate the reporting system for large and suspicious RMB fund transactions;
(3) Establishing a payment transaction monitoring system to monitor payment transactions;
(four) to study the major and difficult problems in the anti-money laundering work of financial institutions and put forward solutions and countermeasures;
(5) Participating in international cooperation in anti-money laundering and guiding foreign cooperation and exchanges in anti-money laundering work of financial institutions;
(6) Other anti-money laundering supervisory duties that should be performed by the People's Bank of China.
The State Administration of Foreign Exchange is responsible for the supervision and management of large and suspicious foreign exchange fund transaction reports. The State Administration of Foreign Exchange shall establish a reporting system for large and suspicious foreign exchange fund transactions. Article 8 Financial institutions shall, in accordance with the provisions of the People's Bank of China, establish and improve the internal control system against money laundering and report it to the People's Bank of China for the record. Article 9 A financial institution shall set up a special anti-money laundering institution or designate its internal institution to be responsible for anti-money laundering work, and be equipped with necessary management and technical personnel.
Financial institutions shall, according to actual needs, set up special institutions or designate special persons to be responsible for anti-money laundering in their branches, and supervise and inspect the implementation of these Provisions and the internal control system of anti-money laundering in their subordinate branches in accordance with the principle of hierarchical management.
Newly established financial institutions or newly established branches of financial institutions shall formulate effective anti-money laundering measures. Article 10 A financial institution shall establish a customer identity registration system to examine the identity of customers who handle deposits, settlement and other businesses in the institution.
Financial institutions are not allowed to open anonymous accounts or alias accounts for customers, and are not allowed to provide services such as deposit and settlement for unidentified customers. Article 11 When opening deposit accounts and settlement accounts for individual customers, financial institutions shall require individual customers to show their identity documents, check their identity documents, and register their names and numbers on the identity documents. When an agent opens a personal deposit account in a financial institution, the financial institution shall require him to show the identity documents of the principal and the agent for checking, and register his name and number on the identity documents of the principal and the agent.
Financial institutions are not allowed to open deposit accounts for people who do not show their identity documents or use their names falsely. Twelfth financial institutions for corporate customers to open accounts, deposits, settlement and other businesses, should be in accordance with the relevant provisions of the people's Bank of China to provide valid documents and information, check and register.
Financial institutions are not allowed to handle deposits, settlement and other businesses for those who fail to provide valid certification documents and materials of their own units as required. Thirteenth financial institutions to provide financial services to customers, found that large transactions, should be reported to the people's Bank of China or the State Administration of foreign exchange in accordance with the relevant provisions.
The standard for the amount of large amount of funds shall be implemented in accordance with the provisions of the People's Bank of China and the State Administration of Foreign Exchange on capital transaction reports. Article 14 When providing financial services to customers, financial institutions shall report suspicious transactions to the People's Bank of China or the State Administration of Foreign Exchange.
Suspicious transaction reporting standards shall be implemented in accordance with the provisions of the People's Bank of China and the State Administration of Foreign Exchange on capital transaction reporting. Article 15 Branches of financial institutions shall report large and suspicious capital transactions to the People's Bank of China or the local branches of the State Administration of Foreign Exchange in accordance with the provisions of the People's Bank of China and the State Administration of Foreign Exchange on the procedures for reporting capital transactions, and report to their superior units at the same time.