(2) The principle of confidentiality means that financial institutions and their staff should keep the secrets of anti-money laundering work, and may not disclose anti-money laundering related information to customers and other personnel in violation of regulations.
(3) The principle of full cooperation with judicial organs and administrative law enforcement organs means that financial institutions should provide assistance according to law, cooperate with judicial organs and administrative law enforcement organs to crack down on money laundering activities, and assist judicial organs, customs, taxation and other departments to inquire, freeze and deduct customer deposits in accordance with laws, administrative regulations and other relevant provisions.
Extended data:
The anti-money laundering system, in short, is a system established to prevent money laundering risks. Through a series of computer and manual judgments, we can find out the dirty laundry of money launderers and report it to the People's Bank of China.
1. Where does the anti-money laundering system come from?
Money launderers always try their best to legalize their black money. For example, you want to send some money to a big leader, but the big leader directly collected your money and deposited it in an account. After being found out, you can't give a reasonable explanation for the money. What should I do? Director Zhao, who eats noodles in in the name of people, can only put a lot of cash at home. However, if Director Zhao has a sister-in-law who runs a high-end clothing store, you can go directly to the sister-in-law store for high consumption. As soon as the invoice is issued, the income of the sister-in-law is justified, and she should not just pat her clothes and leave. This is the link of money laundering.
Of course, PBOC will never tolerate money laundering, so don't try to drag your sister-in-law into the water. China has promulgated many laws and regulations to guide the anti-money laundering work of financial institutions. These laws and regulations are the basis for establishing an anti-money laundering system (I will build whatever the People's Bank of China wants).
Two. The main part of the anti-money laundering system
I. Customer Identification and Customer Risk Rating
To open an account in a bank, you need to fill in a lot of personal information and provide your ID card, which PBOC requires banks to identify customers. At the same time, your information will also enter the anti-money laundering system for computer preliminary evaluation, giving you three risk levels: high, medium and low. The rating model of the anti-money laundering system is established according to the requirements of the People's Bank of China, taking into account factors such as your industry, region and main business of the company.
The money laundering risk assessment index system includes four basic elements: customer characteristics, region, business (including financial products and services) and industry (including occupation). Financial institutions should decompose the risk sub-items contained in a basic element according to the actual situation such as industry characteristics, business type, business scale and customer scope. Financial institutions can reasonably increase new risk assessment indicators according to actual needs. -Guidelines for risk assessment and customer classification management of money laundering and terrorist financing in financial institutions
After the initial evaluation by computer, the bank can adjust your rating according to daily transactions and information changes, so each customer corresponds to a risk rating.
(2) Customer and transaction screening section
When a bank discovers money laundering clues, it shall regularly form reports and submit them to the large-scale anti-money laundering detection and analysis center of the People's Bank of China. So, what kind of cases need to be reported? PBOC divides the reported cases into large-sum cases and suspicious cases. According to the Measures for the Administration of Large-value Transactions and Suspicious Transactions Reports of Financial Institutions.
Financial institutions shall report the following large transactions:
1. Cash receipts and payments with a single or cumulative transaction exceeding RMB 50,000 (including RMB 50,000) and foreign currency equivalent exceeding 1 10,000 USD (including 1 10,000 USD).
2. The transfer of funds with a single or accumulated transaction amount of more than RMB 2 million (including RMB 2 million) and the equivalent foreign currency of more than USD 200,000 (including USD 200,000) on the day when the non-natural person customer's bank account and other bank accounts occur.
3. Domestic fund transfer with a single or cumulative transaction amount exceeding RMB 500,000 (including RMB 500,000) and foreign currency equivalent exceeding US$ 654.38+million (including US$ 654.38+million) on the day when bank accounts and other bank accounts of natural person customers occur.
4. Cross-border transfer of funds with a single or cumulative transaction amount exceeding RMB 200,000 (including RMB 200,000) and foreign currency equivalent exceeding USD 6,543.8+0,000 (including USD 6,543.8+0,000) on the day when the bank account of a natural person customer and other bank accounts occurred.
According to the large-sum standard stipulated in the Administrative Measures, the Bank has designed the parameter configuration in the anti-money laundering system, so when a transaction enters the anti-money laundering system, the system will directly screen and form large-sum cases.
If financial institutions find or have reasonable reasons to suspect that customers, their funds or other assets, their transactions or attempted transactions are related to criminal activities such as money laundering and terrorist financing, they should submit suspicious transaction reports, regardless of the amount of funds involved or the value of assets.
There are many kinds of suspicious cases, such as:
1. Funds are transferred in and out in a decentralized way in a short time, or transferred in and out in a centralized way, which is obviously inconsistent with customer identity, financial status and business operation.
2. The same payee frequently receives and pays funds in a short period of time, and the transaction amount is close to the large transaction standard.
3. Legal persons, other organizations and individual industrial and commercial households frequently receive remittances obviously unrelated to their business in the short term, or natural person customers frequently receive remittances from legal persons and other organizations in the short term. Wait a minute.
Compared with large-sum cases, the declaration of suspicious cases requires not only screening and early warning in the anti-money laundering system, but also manual secondary judgment, and the suspicious cases are reported or excluded in the system through manual selection.
For example, people who always withdraw money from ATMs in the middle of the night or early morning may be screened by the system as signs of gambling. After investigation, the bank's anti-money laundering personnel found that this person was only sleepwalking to withdraw money, so they could rule out this person's suspicious situation and choose not to report it to the People's Bank.
(3) report the case
Large cases and suspicious cases that banks choose to report can be directly packaged in the system and reported to PBOC for future reference.
In addition to the above functions, the anti-money laundering system can set up columns such as report statistics and data analysis for inspection by the People's Bank of China or internal management of banks.
Three. Overview of overall flow chart
The business logic of the anti-money laundering system is relatively simple, and its main task is to screen and report large/suspicious cases. The model and parameters can be designed according to the requirements of PBOC.