Article 1 In order to monitor large-amount and suspicious foreign exchange fund transactions and regulate the reporting of foreign exchange fund transactions, these Measures are formulated in accordance with the "Regulations of the People's Republic of China and Foreign Exchange Administration" and other relevant regulations. Article 2 Domestic financial institutions that engage in foreign exchange business (hereinafter referred to as financial institutions) shall report large-amount and suspicious foreign exchange transactions to the national foreign exchange administration department in accordance with the provisions of these Measures.
Significant foreign exchange capital transactions refer to foreign exchange transactions above the prescribed amount that occur through various settlement methods through financial institutions.
Suspicious foreign exchange fund transactions refer to transactions with abnormal characteristics such as the amount, frequency, source, flow and purpose of foreign exchange transactions. Article 3 The State Administration of Foreign Exchange and its branches (hereinafter referred to as the foreign exchange bureau) are responsible for the supervision and management of large-amount and suspicious foreign exchange fund transaction reporting. Article 4 When a financial institution opens a foreign exchange account for a customer, it shall abide by the "Regulations on the Real-Name System for Personal Deposit Accounts" and the "Regulations on the Management of Domestic Foreign Exchange Accounts" and shall not establish anonymous foreign exchange accounts for customers or open foreign exchange accounts under obviously false names.
Financial institutions handling foreign exchange business for customers should check their true identity information, which mainly includes the name of the unit, the name of the legal representative or person in charge, identity document and its number, supporting documents for opening an account, organizational code, and domicile. , registered capital, business scope, business scale, average daily receipts and payments of the account and other information, as well as personal bank account depositor’s name, ID card and number, residence, occupation, economic income, family status and other information. Article 5 Financial institutions shall keep all large and suspicious foreign exchange fund transaction records for at least 5 years from the transaction date. Article 6 Financial institutions shall establish and improve the internal anti-money laundering job responsibility system, formulate internal anti-money laundering operating procedures, and specify designated personnel to be responsible for recording, analyzing and reporting large and suspicious foreign exchange fund transactions. Article 7 Financial institutions shall not disclose large and suspicious foreign exchange fund transaction information to any unit or individual, except as otherwise provided by law. Article 8 The following foreign exchange transactions are classified as large foreign exchange capital transactions:
(1) The deposit, withdrawal, settlement and sale of foreign currency cash on the same day, either individually or cumulatively, is equivalent to more than 10,000 US dollars.
(2) Foreign exchange non-cash fund collection and payment transactions using transfers, bills or bank cards, telephone banking, online banking and other electronic transactions, as well as other new financial instruments, among which, individual transactions on the same day or cumulative transactions, etc. The foreign exchange value is more than 100,000 US dollars, and the enterprise's single transaction or cumulative equivalent foreign exchange value on the same day is more than 500,000 US dollars. Article 9 The following foreign exchange transactions are suspicious foreign exchange cash transactions:
(1) Residents’ personal bank cards and savings accounts frequently deposit and withdraw large amounts of foreign currency cash, which are obviously inconsistent with the identity of the cardholder (depositor) or the purpose of the funds.
(2) Resident individuals deposit large amounts of foreign currency cash into bank cards within the country and transfer large amounts of funds or withdraw cash overseas;
(3) Resident individuals pass Frequent entries, cash withdrawals or foreign exchange settlements in current accounts below the review standards of the State Administration of Foreign Exchange;
(4) Non-resident individuals frequently bring large amounts of foreign currency cash into the country and deposit it in banks, and then require the bank to issue travellers’ checks or money orders.
(5) Non-resident personal bank cards frequently deposit large amounts of foreign currency cash;
(6) Enterprises frequently have large amounts of foreign currency cash receipts and payments in their foreign exchange accounts, which are inconsistent with their business operations
(7) The enterprise does not withdraw large amounts of foreign currency cash from its foreign exchange account, but regularly deposits large amounts of foreign currency cash;
(8) The enterprise frequently uses cash The method of collecting export payment is obviously inconsistent with its business scope and scale;
(9) Most of the foreign exchange and RMB funds purchased by the enterprise for overseas investment are in cash or transferred from bank accounts other than the unit;
(10) Most of the RMB funds for foreign exchange purchases remitted by foreign-invested enterprises are in cash or transferred from bank accounts of other units;
(11) Foreign-invested enterprises use foreign currencies Invested in cash.
Article 10 The following foreign exchange transactions are suspicious foreign exchange non-cash transactions:
(1) Residents’ personal foreign exchange accounts frequently receive transfers from domestic accounts with different names;
(2) Residents Individuals who frequently receive large amounts of foreign exchange from abroad and then remit them in the original currency together, or who remit large amounts of foreign exchange from abroad in a concentrated manner and then frequently remit the original currency in multiple amounts;
(3) Non-residents Personal foreign exchange accounts frequently receive large amounts of overseas remittances, especially from countries (regions) with serious drug production and trafficking problems;
(4) Resident and non-resident personal foreign exchange accounts regularly experience large remittances A large amount of funds are received into the account and withdrawn in batches on the next day, and then a large amount of funds are replenished and withdrawn in batches on the next day;
(5) Enterprises frequently and in large quantities use their foreign exchange accounts to meet the foreign exchange bureau’s review standards The following external payments include advance payments for imports, commissions under trade, etc.;
(6) Enterprises frequently and in large quantities receive export foreign exchange settled in the form of drafts (cheques, bills of exchange, promissory notes, etc.) through their foreign exchange accounts.
(7) Some dormant foreign exchange accounts of enterprises or foreign exchange accounts with small normal capital flows suddenly have abnormal foreign exchange capital inflows, and the foreign exchange capital flows gradually increase in the short term;
( 8) The enterprise frequently undergoes large amounts of fund transactions through its foreign exchange account, which is inconsistent with the nature and scale of its business;
(9) The enterprise's foreign exchange account frequently undergoes large amounts of fund receipts and payments, and after a period of time, the account suddenly stops Receipt and payment;
(10) The funds in the enterprise’s foreign exchange account have frequent integer fund flows in units of thousands or tens of thousands;
(11) The funds in the enterprise’s foreign exchange account are fast forwarding and fast The amount incurred on that day is large, but the account balance is very small or no balance is retained;
(12) After the enterprise’s foreign exchange account receives multiple small-amount wire transfers or deposits using checks or drafts in a short period of time , remit most of the deposits overseas;
(13) Domestic enterprises open offshore accounts in the name of overseas legal persons or natural persons, and funds flow regularly;
(10) 4) An enterprise remits money from an offshore account to multiple domestic residents and settles the foreign exchange in the name of donation, etc., and the transfer and settlement of funds are operated by one person or a small number of people;
(15) Foreign investors The annual profit remittance of the investing enterprise significantly exceeds the original invested capital or is obviously inconsistent with its operating conditions;
(16) After receiving the investment funds, the foreign-invested enterprise quickly transfers the funds overseas in a short period of time, which is inconsistent with its operating conditions; Inconsistency with production and operation payment needs;
(17) Conducting offsetting deposit or loan transactions with subsidiaries or affiliated companies of financial institutions in areas with serious crimes such as smuggling, drug trafficking, and terrorist activities;
(20) Insurance institutions frequently pay or withdraw insurance to the same overseas policy holder through banks.