发布文号: No. 175 of the People's Bank of China
Shanghai Headquarters, all branches, business management departments, all central sub-branches of the provincial capital cities, Dalian, Qingdao, Ningbo, Xiamen and Shenzhen central sub-branches of the People's Bank of China, all policy banks, state-owned commercial banks, joint stock commercial banks, China Postal Savings Bank, city commercial banks, rural commercial banks, rural cooperative banks, foreign-funded banks, urban and rural credit cooperatives, all securities companies, futures companies, fund management companies, all insurance companies and insurance asset management companies,
For the purposes regulating the on-site inspections for anti-money laundering and maintaining the legitimate rights and interests of financial institutions, the People's Bank of China formulated the Administrative Measures for the On-site Inspections for Anti-money Laundering （for Trial Implementation） in accordance with the Anti-money Laundering Law of the People's Republic of China, the Law of the People's Republic of China on the People's Bank of China, the Administrative Punishment Law of the People's Republic of China, the Provisions on Anti-money Laundering through Financial Institutions （Order No. 1 [2006] of the People's Bank of China） and other relevant laws, regulations and rules. They are hereby printed and distributed to you, please comply with them. If you have any problem during the implementation thereof, please timely report it to the Headquarters of the People's Bank of China.
People's Bank of China
June 4, 2007
Administrative Measures for the On-site Inspections for Anti-money Laundering （for Trial Implementation）
Chapter I General Provisions
Article 1 For the purposes regulating the on-site inspections conducted by the People's Bank of China and its branch institutions for anti-money laundering and maintaining the legitimate rights and interests of financial institutions, the People's Bank of China formulated these Measures in accordance with the Anti-money Laundering Law of the People's Republic of China, the Law of the People's Republic of China on the People's Bank of China, the Administrative Punishment Law of the People's Republic of China, the Provisions on Anti-money Laundering through Financial Institutions and other relevant laws, regulations and rules.
Article 2 To conduct on-site inspections on financial institutions for anti-money laundering, the People's Bank of China and its branch institutions shall abide by these Measures.
The People's Bank of China and its branch institutions include the Headquarters, Shanghai Headquarters, branches, business management departments, central sub-branches of the provincial capital cities, central sub-branches of the provincial capital cities, central sub-branches of prefectures （cities at the prefecture level） and sub-branches of counties （cities at the county level） of the People's Bank of China （PBOC）.
Article 3 The anti-money laundering law enforcement departments of the PBOC and of its branch institutions shall be responsible for the on-site inspections for anti-money laundering.
Article 4 The on-site inspections for anti-money laundering include the preparations for on-site inspections, ution of on-site inspections, treatments in on-site inspections, etc.
Article 5 The PBOC and its branch institutions shall keep confidential the information they obtain during the on-site inspections for anti-money laundering. None of them may illicitly provide such information to the outside.
Article 6 After an on-site inspection is finished, the inspectors shall put all materials formed during the on-site inspection into the archives and properly preserve them in accordance with the Measures of the People's Bank of China on Management of Archives of Supervision and Inspections for Anti-money Laundering and of Collaborative Investigation of Cases （for Trial Implementation） （printed and distributed by Doc No. 160 [2006] of the People's Bank of China）
Chapter II Jurisdiction
Article 7 The PBOC shall conduct on-site inspections over the acts of the following financial institutions uting the anti-money laundering provisions:
1. The headquarters of the financial institutions; and
2. The financial institutions, which the PBOC considers that they shall be directly inspected by it.
Article 8 A branch institution of the PBOC shall conduct on-site inspections over the acts of the following financial institutions uting the anti-money laundering provisions:
1. The branch institutions of financial institutions and local financial institutions under its jurisdiction; and
2. The financial institutions, over which its superior bank authorizes it to conduct on-site inspections.
Article 9 The superior bank may directly conduct on-site inspections over the financial institutions under the jurisdiction of the superior banks and may authorize the inferior banks to inspect the financial institutions which the superior bank should inspect. If an inferior bank considers that the act of any financial institution uting the anti-money laundering provisions has a significant impact on the society, it may request the superior bank to conduct an on-site inspection.
Article 10 If there is any dispute over the jurisdiction between the branch institutions of the PBOC, they should request their common superior bank to designate the jurisdiction.
Chapter III Preparations for On-site Inspections
Article 11 The PBOC and its branch institution （hereinafter referred to the inspecting entities） shall seek to collection and analyze the information about the anti-money laundering work of the financial institutions under their respective jurisdiction so as to decide the financial institutions to be inspected （hereinafter referred to as the entities to be inspected）.
Article 12 An inspecting entity shall work out plans on the entities to be inspected by way of on-site inspections. The anti-money laundering law enforcement department of the inspecting entity shall fill out the Form of Examination and Approval of An On-site Inspection Plan （Annex 1） for each inspected entity and work out a Plan on the Implementation of An On-site Inspection （Annex 2）, which shall be carried out upon approval of the president （director） or the deputy president （deputy director） of this bank （department）.
Article 13 An inspecting entity shall establish an on-site inspection team prior to the ution of an on-site inspection. The members of the inspection team include the head, chief inspector and inspectors.
Several inspection teams may, under the actual circumstance, be established under the inspection team. There shall be at least 2 members in each inspection team.
Article 14 The head of the inspection team shall be responsible for the on-site inspections. He shall perform the following duties:
1. To preside over the talks held when the inspector team enters and leaves the site;
2. To confirm the on-site inspection results; and
3. To decide other important matters arising during the on-site inspection.
Article 15 The duties of the chief inspector are as follows:
1. To decide the progress of the on-site inspection;
2. To organize the drafting of the On-site Inspection Report, On-site Inspection Opinions and other inspection documents;
3. The manage the business archives and relevant materials furnished by the inspected entity;
4. To other relevant matters arising during organizing and uting the on-site inspection.
Article 16 The inspectors shall carry out an on-site inspection according to the division of work.
Article 17 The inspecting entity shall prepare an On-site Inspection Notice （Annex 3） in duplicate, with one copy to be served on the inspected entity five days before the inspector enters into the site and another to be kept by the inspected entity. If it is necessary to conduct an on-site inspection by entering the site immediately, the inspection team may show the On-site Inspection Notice when they enter the site.
If it is necessary for the inspected entity to submit or provide the relevant data and materials before the inspection team enters the site, the inspecting entity shall state the contents and scope of the data and materials in the On-site Inspection Notice.
Article 18 Before the inspection team enters the site, inspecting entity shall provide a special training to the members of the inspection team and shall require them to grasp the on-site inspection ution plan, the on-site inspection requirements and the relevant information about the inspected entity and to abide by the work disciplines.
Chapter IV Execution of On-site Inspections
Article 19 The inspection team shall show to the inspected entity its Law Enforcement Certificate of the People's Bank of China and the On-site Inspection Notice and shall enter and stay in the inspected entity according to the time indicated in the On-site Inspection Notice.
The inspection team and the inspected entity shall hold a talk when the inspection enters the site. The talk shall be presided over by the head of the inspection team and shall include the following items:
1. The head of inspection team reads On-site Inspection Notice and describes the inspection purpose, contents, time arrangement and cooperation requirements for the inspected entity; and
2. To hear the introduction of the inspected entity about the anti-money laundering work （the inspected entity shall provide the documentary materials to the inspection team for keeping as archives）.
The chief inspector shall be responsible for making Minutes of the Talk Held When Entering the Site for On-site Inspection （Annex 4） and shall bear the signatures of the head of the inspection team and of the person-in-charge of the inspected entity.
Article 20 When the inspection team intends to inspect the accounting vouchers and other materials of the inspected entity, it shall fill out a Checklist of Materials to Be Inspected during the On-site Inspection （Annex 5） in duplicate, which shall bear the signatures of the chief inspector and the person-in-charge of the inspected entity, with one copy to be given to the inspected entity and another to be kept by the inspection team. After the end of the on-site inspection, the inspection team shall return the aforesaid materials to the inspected entity. The chief inspector and the person-in-charge of the inspected entity shall affix their signatures to the checklist of Materials to Be Inspected during the On-site Inspection for confirmation.
Article 21 When the inspection team conducts an on-site inspection, it shall make records of the inspection and work out Working Papers for the On-site Inspection （Annex 6）. The inspection team shall be responsible for the genuineness of the Working Paper for the On-site Inspection.
Article 22 The inspection team shall seek to obtain evidence for the problems it finds during the inspection. The evidential materials to be sought include the original texts or photocopies of the relevant vouchers, statements and anti-money laundering work archives of the inspected entity. To obtain any evidence, at least 2 persons shall be present and shall fill out the Record of Obtaining Evidence during the On-site Inspection （Annex 7）.
The Record of Obtaining Evidence during the On-site Inspection shall stat the source and course of obtaining the evidence, as well as the sequential number, name, original text and photocopy of the evidence.
The Record of Obtaining Evidence during the On-site Inspection shall bear the signatures or seals of the inspectors, chief inspector, evidence provider, as well as of the person-in-charge of the inspected entity. Moreover, the inspected entity shall affix its administrative seal or business seal to the evidential materials attached. If the evidence provider, or the person-in-charge of the inspected entity refuses to affix his signature or seal, the inspectors shall give an indication on the Record Obtaining Evidence during the On-site Inspection.
Article 23 If the evidence may be lost or if it is difficult to obtain the evidence in the future, upon approval of the president （director） or utive deputy president （deputy director）, the inspection team may first register and preserve the relevant evidential materials.
To register the evidence for preservation, the inspection team shall fill out a Notice of Register and Preservation of Evidential Materials during the On-site Inspection （Annex 8） in duplicate, with one copy to be kept by the inspection team and another one to be under the administrative seal of the inspecting entity and to be sent to the inspected entity for an acknowledgement of receipt. If the inspected entity refuses to sign the acknowledgment of receipt, the inspection team shall give an indication in the Notice of Register and Preservation of Evidential Materials during the On-site Inspection. For the evidence to be registered for preservation in such manner, the inspecting entity shall make a decision on how to deal with it within 7 days.
Article 24 The inspection team shall leave the inspected entity set in the Notice of On-site Inspection. If it is necessary to make an extension, it shall be subject to the approval of the president （director） or deputy president （deputy director） of the bank （department） for approval and the inspecting team shall, 3 days prior to the day of leaving the site as determined in the Notice of On-site Inspection, inform the inspected entity.
Article 25 Before the inspection leaves the inspected entity, it shall return to the inspected entity all the materials it borrows for reading and shall hold a talk with the inspected entity, during which the head of the inspection team shall announce the relevant information about the inspection.
Chapter V Treatments during On-site Inspections
Article 26 The inspectors shall classify and sort out the Working Papers for the On-site Inspection, draft a summary for the on-site inspection and submit the summary for the on-site inspection and the Working Papers for the On-site Inspection to the chief inspection for examination.
The chief inspector shall organize the inspectors to review and analyze the inspection contents and work out the Document of Findings in the On-site Inspection （Annex 9）. The head of the inspection team shall affix his signature to each page of the Document of Findings in the On-site Inspection. This task shall be finished within 15 working days from the day following the day when the inspection team leaves the site.
Article 27 The inspection team shall issue a Document of Findings in the On-site Inspection to the inspected entity. The inspected entity shall, within 5 working days, confirm or raise an objection in writing to the findings as mentioned in the Document of Findings in the On-site Inspection. If no objection is raised to the Document of Findings in the On-site Inspection, the inspected entity shall affix its administrative seal to each page and the major person-in-charge of the inspected entity shall affix its signature for conformation. If any objection is raised, the inspected entity shall provide explanatory materials and evidence and the inspection team shall verify them. The inspected entity's failure to submit the explanatory materials and evidence within the time limit will not affect the inspecting entity's determination of facts on the basis of the evidence.
Article 28 After verifying the findings in the on-site inspection and confirm that inspection procedures conforms to the legal provisions, the inspection team shall draft an On-site Inspection Report （Annex 10） and submit it to the president （director） or deputy president （director） of the bank （department）. Such a report shall cover:
1. The basic information about the on-site inspection, including the inspection contents, scope, time as well as the ution of the inspection plan;
2. The basic information about the inspected entity's implementing the anti-money laundering provisions;
3. The detailed information about the inspected entity which is suspected of violating the anti-money laundering provisions （the aforesaid facts shall be consistent with the contents in the Document of Findings in the On-site Inspection;
4. To put forward opinions on the imposition of administrative punishments, imposition of no administrative punishment, and transfer of the case, and the basis for such opinions; and
5. Other problems worthy of concern.
Article 29 After the end of an on-site inspection, if the inspected entity' s implementing the anti-money laundering provisions conform to the laws, administrative regulations, and the rules of the PBOC, the inspecting entity shall directly make a Document of Opinions on the On-site Inspection （Annex 11）, which shall be sent to the inspected entity after it is approved by the president （director） or deputy president （deputy director） of the bank （department） and is under the administrative seal of the bank （department）.
The Document of Opinions on the On-site Inspection shall include the inspection time, items, contents, result of the determination or inspection of the inspected entity's implementing the anti-money laundering provisions.
Article 30 After the end of an on-site inspection, if the sub-branch of the PBOC in a county （city at the county level） finds that the inspected entity's implementing the relevant anti-money laundering provisions does not conform to the laws, administrative regulations, or rules of the PBOC, it shall submit all the materials it obtains during the on-site inspection to the branch institution at the next higher level, which shall further deal with the case under the relevant provisions.
Article 31 After the end of an on-site inspection, the PBOC and its branch institution at or above the prefecture （city） level or the branch institution of the PBOC at the county （city） level finds according to the materials submitted by the sub-branch of the county （city at the county level） that the financial institution's implementing the anti-money laundering provisions does not conform to the laws, administrative regulations, or rules of the PBOC, it shall first make a Notification of Opinions about the On-site Inspection （Annex 12）, which shall be sent to the inspected entity upon approval of the president （director） or the deputy president （deputy director） of this bank （department） and under the administrative seal of this bank （department）.
The Notification of Opinions about the On-site Inspection shall be based on the inspection fact and conform to the laws, regulations and rules on anti-money laundering. It shall cover the inspection time, items, contents, determination of the inspected entity's implementing the anti-money laundering provisions, as well as the preliminary opinions on how to deal with the inspected entity.
Article 32 If the inspected entity objects to the Notification of Opinions about the On-site Inspection, it shall, within 10 days from the day when it receives the Notification of Opinions about the On-site Inspection, put forward a statement or argument to the PBOC or its branch institution at the prefecture level or above which issues the Notification of Opinions about the On-site Inspection. If the facts, grounds as well as the evidence provided by the inspected entity are affirmed, they shall be adopted by the PBOC or its branch institution at the prefecture level. If the inspected entity fails to raise any objection within the time limit as prescribed, The inspected entity's failure to raise any objection within the time limit will not affect how the PBOC or its branch institution at the prefecture level determines or deals with the relevant acts of the inspected entity according to the relevant evidence.
Article 33 The PBOC or its branch institution at the prefecture level shall, according to the statement or argument regarding the Notification of Opinions about the On-site Inspection, Document of Findings in the On-site Inspection and other pertinent evidence, make a Document of Opinions on the On-site Inspection, which shall be sent to the inspected entity upon approval of the president （director） or utive deputy president （deputy director） and under the seal of the administrative seal of this bank （department）.
The Document of Opinions on the On-site Inspection shall not only include the time, items and contents of inspection, and the determination of the inspected entity's implementing the anti-money laundering provisions, but also the opinions on how to deal with the inspected entity.
Article 34 Where the PBOC and its branch institution at the prefecture level or above finds from the onsite inspection transcripts, the Fact Findings of Onsite Inspection, and the Opinions of Onsite Inspection as well as other evidential materials that the relevant activities of the inspected entity do not conform to the laws, administrative regulation, or rules of the PBOC, and if it plans to give this inspected entity an administrative punishment according to law, they shall punish the inspected entity in accordance with the Provisions of the People's Bank of China on the Procedures for Administrative Punishments （Order No. 3 [2001] of the People's Bank of China）.
Article 35 The inspecting entity shall transfer to the public security organ the clues of money laundering crimes which it finds during the inspection.
Chapter VI Supplementary Provisions
Article 36 The power to interpret these Measures shall remain with the People's Bank of China.
Article 37 These Measures shall come into force as of the date of promulgation.
Annexes:
1. Form of Examination and Approval of An On-site Inspection Plan
2. Plan on the Implementation of An On-site Inspection
3. On-site Inspection Notice
4. Minutes of the Talk Held When Entering the Site for On-site Inspection
5. Checklist of Materials to Be Inspected during the On-site Inspection
6. Working Papers for the On-site Inspection
7. Record of Obtaining Evidence during the On-site Inspection
8. Notice of Register and Preservation of Evidential Materials during the On-site Inspection
9. Document of Findings in the On-site Inspection
10. On-site Inspection Report
11. Document of Opinions on the On-site Inspection
12. Notification of Opinions about the On-site Inspection