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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II CLASSIFIED MANAGEMENT OF INFORMATION ON ANTI-MONEY-LAUNDERING CHAPTER III VERIFICATION MANAGEMENT OF THE INFORMATION ON ANTI-MONEY-LAUNDERING CHAPTER IV SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. These Provisions are formulated in accordance with the "Provisions on Anti-money-laundering by Financial Institutions" and the "Measures for the Administration of Financial Institutions' Report of Large-sum and Suspicious Foreign Exchange Transactions" so as to strengthen classified management of the information on anti-money-laundering in the foreign exchange area and the verification thereof, improve the working mechanism of anti-money-laundering in the foreign exchange area, and intensify greater efforts in the verification of anti-money-laundering. Article 2. The State Administration of Foreign Exchange and its branches and sub-branches (hereinafter referred to "foreign exchange bureaus") shall be governed by these Provisions when carrying out classified management of the information on anti-money-laundering and the verification thereof. Article 3. All branches and sub-branches of the State Administration of Foreign Exchange may, in combination with their respective local actual situations, and in accordance with these Provisions, formulate suitable internal control systems on classified management of the information on anti-money-laundering and the verification thereof. Article 4. The anti-money-laundering personnel shall abide by the confidentiality systems, and shall not, unless otherwise prescribed in any law or regulation, disclose to any entity or individual any content on classified management of the information on anti-money-laundering and the verification thereof. Article 5. A foreign exchange bureau shall, when making on-site or off-site verification of the information on anti-money-laundering in the foreign exchange area, abide by all laws, regulations, and rules, and strictly observe the prescribed procedures. Article 6. The relevant information and data formed from classified management of the information on anti-money-laundering and the verification thereof shall be preserved for at least five years. CHAPTER II CLASSIFIED MANAGEMENT OF INFORMATION ON ANTI-MONEY-LAUNDERING Article 7. A foreign exchange bureau shall set up and maintain its own databases of "noticed name list", "black name list" and "white name list" for classified management of the information on anti-money-laundering, and strengthen its classified management of the information on anti-money-laundering. A database of "noticed name list" shall be used to store the information on the subjects who carry out abnormal activities and need to be further verified. A database of "black name list" shall be used to store the information on the subjects who are suspected to be involved in illegal or criminal activities and need to be emphatically monitored, including: the information on the subjects who are suspected to be involved in violation of law, and need to be transferred to other administrative department for law enforcement or judicial department for continuing inspection; the information on the subjects who have been transferred to relevant department but are still to be emphatically noticed and verified by the foreign exchange bureau in its future work; the information on the subjects who are directly included in the database of "noticed name list", and need to be monitored with greater efforts. A database of "white name list" shall be used to store the information on the subjects who are not suspected to be involved in illegal or criminal activities after verification. Article 8. A database for classified management of the information on anti-money-laundering shall contain the following items: name of subject, identity card number or enterprise code, type of certificate, account number (or bank card number), country of subject, source of the name list, description on the features of the subject's transaction (such as transaction amount, transaction frequency, etc.), category of the name list, time of entry into the database, subject weight, state, remarks, and so on. Article 9. The identity card number or the enterprise code shall be the only mark of a database for classified management of the information on anti-money-laundering. Where a subject has more than one identity card number or enterprise code, such different identity card numbers or enterprise codes shall be set up separately, and a mark shall be attached on them to confirm that all relevant records are about the same subject. Article 10. Where a transaction subject is in any of the following circumstances, he/it shall be listed into the database of "noticed name list": (1) He/it needs to be verified after a foreign exchange bureau has filtrated, identified and analyzed the information on anti-money-laundering; (2) He/it needs to be noticed since the suspect of illegal acts after verification cannot be excluded although the foreign exchange bureau finds no suspicious clue in this regard; (3) He/it is found suspicious in the daily work of foreign exchange control and needs to be noticed; (4) Any other foreign exchange bureau reminds in writing that he/it ought to be noticed; (5) A superior foreign exchange bureau requires that he/it ought to be noticed; (6) A judicial organ, administrative organ for law enforcement or regulatory authority reminds in writing that he/it ought to be noticed; (7) He/it is exposed to have violated foreign exchange control regulations but the violation is not serious enough to establish a case for further procedures; or (8) Other circumstances in which the anti-money-laundering staff considers that he/it needs to be noticed. Article 11. Where a transaction subject is in any of the following circumstances, he/it shall be listed into the database of "black name list": (1) He/it is suspected to be involved in illegal or criminal activities after the information anti-money-laundering is verified; (2) He/it is penalized due to violation of the regulations on foreign exchange control; (3) He/it is in the name list of criminals which is provided by the judicial organ; (4) He/it is in the name list of money-laundering criminals, terrorists or other criminals, which is either promulgated by the United Nations, or promulgated by any other country but ratified by Chinese Government; (5) He/it is the person in a case which the public security organ or other law enforcement department requests the foreign exchange bureau to provide assistance in investigation; or (6) He/it is suspected to be involved in other illegal or criminal activities. Article 12. A same person shall not simultaneously exist in the database of "noticed name list", that of "black name list" and that of "white name list" for classified management of the information on anti-money-laundering. Article 13. Where the subjects of the transactions in different databases for classified management of the information on anti-money-laundering need to be transferred between such databases due to actual situation, they shall be transferred in the following ways: A subject in the database of "noticed name list" may, in accordance with Article 11 or Article 14, be directly transferred to the database of "white name list" or "black name list", and his/its information in the original database shall be removed. A subject in the database of "black name list" may, in accordance with Article 15, be directly transferred to the database of "noticed name list" only, and his/its information in the original database shall be removed. A subject in the database of "white name list" may, in accordance with Article 10, Article 11 or Article 16, be directly transferred to the database of "noticed name list" or the database of "black name list", and his/its information in the original database shall be removed. Article 14. Where, after sufficient verification, investigation or inspection, it is ascertained that the transaction subjects in a database of "noticed name list" are not suspected of conducting illegal or criminal activities; or the noticing entity is requested to cancel its attention to such subjects, the anti-money-laundering staff shall fill out the "List of Verification of Classified Management of the Information on Anti-money-laundering" (see Attachment 1), which shall, after check and confirmation by the responsible person for anti-money-laundering, enter the database of "white name list". Article 15. Where a transaction subject is in any of the following circumstances, he/it shall be transferred from the database of "black name list" to the database of "noticed name list": (1) he/it was not found to have any illegal or criminal act or any other act in violation of rules within five years after entering the database of "black name list"; (2) the noticing entity as prescribed in Item (3), (4) or (5) of Article 11 cancels its emphatic attention to the transaction subject; or (3) the emphatic monitoring over the transaction subject may be cancelled after verification by the foreign exchange bureau. Article 16. With respect to a transaction subject that needs to, after analysis or verification, be listed into or transferred out of the database of "noticed name list" or that of "black name list", a "List of Verification of Classified Management of the Information on Anti-money-laundering" shall be filled out, and be submitted to the responsible person for anti-money-laundering for determination. Article 17. An inferior foreign exchange bureau shall report its classified information on anti-money-laundering to the superior bureau, and shall, within 3 working days after updating its database for classified management of the information on anti-money-laundering, report the update to the next higher bureau. Article 18. Where a judicial organ, administrative organ for law enforcement or regulatory organ searches a database for classified management of the information on anti-money-laundering in accordance with the law, it must provide its letter of recommendation and the handler's certificate, and also be approved by the leader of the foreign exchange bureau who is in charge of anti-money-laundering. CHAPTER III VERIFICATION MANAGEMENT OF THE INFORMATION ON ANTI-MONEY-LAUNDERING Article 19. A foreign exchange bureau shall, on the basis of the results filtrated from the database for classified management of the information on anti-money-laundering, and the clues transferred by the superior bureau, make on-site and off-site verification pursuant to relevant procedures. Article 20. A foreign exchange bureau shall, when verifying an entity subject to verification on site, send the "Notification on On-site Verification of Anti-money-laundering" (see Attachment 2) to the entity 5 working days in advance, notifying it to provide relevant documents. If sudden verification is needed due to any particular circumstance, the foreign exchange bureau does not have to notify the entity subject to verification in advance. At the time of on-site verification, there shall be no less than two verifiers, who shall produce their "Inspection Certificate of the State Administration of Foreign Exchange" or the recommendation letter of their entity. Article 21. A foreign exchange bureau shall, when making off-site verification on an entity subject to verification, send the "Notification of the State Administration of Foreign Exchange on Off-site Verification of the Large-sum and Suspicious Foreign Exchange Transaction" (See Attachment 3) to the entity. Article 22. Where a clue provided by a foreign exchange bureau to its superior bureau is required to be verified, or the foreign exchange bureau finds from its verification any clue and finds out any suspicious illegal or criminal act, it shall, within 15 working days after the verification, report the information on verification in writing to the next higher bureau. Article 23. A foreign exchange bureau shall, when transferring a clue from verification to another foreign exchange bureau, simultaneously hand over the "Letter of the State Administration of Foreign Exchange for Assistance in Investigation of the Large-sum and Suspicious Foreign Exchange Transaction" (see Attachment 4). The assisting bureau shall, within 15 working days, feed back the results from assistance to the transferring bureau. If the verification is unable to be completed on time due to any particular circumstance, the assisting bureau shall inform the transferring bureau of the situation. Article 24. Where a foreign exchange bureau finds through verification any act in violation of provisions on foreign exchange control, it shall immediately transfer the case to the foreign exchange inspection department for punishment; if it finds any suspicious criminal act, it shall transfer the case according to the provisions to a relevant department for punishment, and meanwhile make corresponding adjustments to the database for classified management of the information on anti-money-laundering. CHAPTER IV SUPPLEMENTARY PROVISIONS Article 25. The power to interpret shall remain with the State Administration of Foreign Exchange. Article 26. These Provisions shall come into force on the date of promulgation. Attachments: 1. List of Verification of Classified Management of the Information on Anti-money-laundering (omitted) 2. Notification on On-site Verification of Anti-money-laundering (omitted) 3. Notification of the State Administration of Foreign Exchange on Off-site Verification of the Large-sum and Suspicious Foreign Exchange Transaction (omitted) 4. Letter of the State Administration of Foreign Exchange for Assistance in Investigation of the Large-sum and Suspicious Foreign Exchange Transaction (omitted) |
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