(1) Commercial banks, urban credit cooperatives, rural credit cooperatives, postal savings and remittance institutions and policy banks;
(2) Securities companies, futures brokerage companies and fund management companies;
(3) Insurance companies and insurance asset management companies;
(4) Trust and investment companies, financial asset management companies, finance companies, financial leasing companies, auto financing companies and money brokerage companies;
(5) Other financial institutions determined and announced by the People's Bank of China.
Institutions engaged in remittance business, payment and settlement business and fund sales business shall apply the provisions of these Provisions on the supervision and administration of anti-money laundering of financial institutions. Article 3 The People's Bank of China is the administrative department in charge of anti-money laundering in the State Council, and supervises and manages the anti-money laundering work of financial institutions according to law. China Banking Regulatory Commission, China Securities Regulatory Commission and China Insurance Regulatory Commission shall perform their duties of anti-money laundering supervision and management within their respective duties.
The People's Bank of China shall cooperate with relevant departments, institutions and judicial organs in the State Council to perform their anti-money laundering duties. Article 4 As authorized by the State Council, the People's Bank of China conducts international cooperation against money laundering on behalf of the China Municipal Government. The People's Bank of China may establish cooperation mechanisms with anti-money laundering institutions in other countries or regions to implement cross-border anti-money laundering supervision and management. Article 5 The People's Bank of China shall perform the following anti-money laundering supervision and management duties according to law:
(1) Formulating or cooperating with China Banking Regulatory Commission, China Securities Regulatory Commission and China Insurance Regulatory Commission to formulate anti-money laundering regulations for financial institutions;
(2) To be responsible for monitoring RMB and foreign currency anti-money laundering funds;
(3) To supervise and inspect the performance of financial institutions in their anti-money laundering obligations.
(4) Investigating suspicious trading activities within the scope of duties;
(five) to report the suspected money laundering transactions to the investigation organ;
(six) in accordance with the provisions of relevant laws and administrative regulations, exchange anti-money laundering related information and materials with overseas anti-money laundering institutions;
(seven) other relevant duties stipulated by the State Council. Article 6 The People's Bank of China shall set up China Anti-Money Laundering Monitoring and Analysis Center to perform the following duties according to law:
(1) Receiving and analyzing reports on large-value transactions and suspicious transactions in RMB and foreign currencies;
(2) Establish a national anti-money laundering database, and properly keep the large transaction information and suspicious transaction reports submitted by financial institutions;
(3) Report the analysis results to the People's Bank of China as required;
(4) Requiring financial institutions to promptly correct reports on large-value transactions and suspicious transactions in RMB and foreign currencies;
(5) With the approval of the People's Bank of China, exchange information and materials with relevant overseas institutions;
(6) Other duties as stipulated by the People's Bank of China. Article 7 The People's Bank of China and its staff shall keep confidential the information obtained by performing their anti-money laundering duties according to law, and shall not provide it to the outside world in violation of regulations.
China Anti-Money Laundering Monitoring and Analysis Center and its staff shall keep confidential the customer identity data, large-value transactions and suspicious transaction information obtained by performing anti-money laundering duties according to law; Except as provided by law, it shall not be provided to any unit or individual. Article 8 Financial institutions and their branches shall establish and improve the internal control system for anti-money laundering according to law, set up special anti-money laundering institutions or designate internal institutions to be responsible for anti-money laundering work, formulate internal anti-money laundering operating procedures and control measures, train employees on anti-money laundering and improve their anti-money laundering work ability.
The responsible persons of financial institutions and their branches shall be responsible for the effective implementation of the internal control system against money laundering. Article 9 A financial institution shall establish and implement a customer identification system in accordance with regulations.
(1) Identify customers who require to establish business relations or handle one-time financial business with a specified amount or more, require customers to show their true and valid identity documents or other identification documents, check and register them, and update their identity information in time when it changes;
(2) Understand the purpose and nature of customers' transactions in accordance with regulations, and effectively identify the beneficiaries of transactions;
(3) If abnormal signs are found in the process of handling business or the authenticity, validity and completeness of the customer identity information obtained before are in doubt, the customer identity shall be re-identified;
(4) Ensure that overseas financial institutions with which they have agency relations or similar business relations can effectively identify customers and obtain the required customer identity information from overseas financial institutions.
The specific implementation measures specified in the preceding paragraph shall be formulated by the People's Bank of China jointly with China Banking Regulatory Commission, China Securities Regulatory Commission and China Insurance Regulatory Commission. Article 10 Financial institutions shall properly keep customer identity information and data information, business vouchers, account books and other relevant materials that can reflect each transaction within the prescribed time limit.
The specific implementation measures specified in the preceding paragraph shall be formulated by the People's Bank of China jointly with China Banking Regulatory Commission, China Securities Regulatory Commission and China Insurance Regulatory Commission.