发布文号: No. 158 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, rural commercial banks, urban commercial banks, foreign-funded banks, urban and rural credit cooperatives, all securities companies, futures brokerage companies, fund management companies, insurance companies and insurance asset management companies,
In accordance with the Anti-money Laundering Law of the People's Bank of China and the Provisions on Anti-money Laundering through Financial Institutions （Order No. 1 [2006] of the People's Bank of China）, the People's Bank of China formulated the Detailed Rules for Anti-money Laundering Investigations （for Trial Implementation） （see Annex）. They are hereby printed and distributed to you, please comply with them.
Shanghai Headquarters, all branches and 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 should print and distribute this Notice to the financial institutions under your respective jurisdiction.
Annex: Detailed Rules for Anti-money Laundering Investigations （for Trial Implementation）
People's Bank of China
May 21, 2007
Detailed Rules for Anti-money Laundering Investigations （for Trial Implementation）
Chapter I General Provisions
Article 1 For the purposes of regulating the anti-money laundering investigation procedures, exercising the anti-money investigation functions, maintaining the legitimate rights and interests of citizens, legal persons and other organizations, these Detailed Rules are formulated in accordance with the Anti-money Laundering Law of the People's Bank of China and other relevant laws, administrative regulations and rules.
Article 2 These Detailed Rules shall apply to the investigations conducted by the People's Bank of China （PBOC） and its branch institutions at the provincial level into doubtful transactions.
The "branch institutions at the provincial level" as mentioned in these Detailed Rules includes the PBOC's Headquarters, Shanghai Headquarters, branches, business management departments, central sub-branches in provincial capital cities and the central sub-branches in cities at the deputy-province level.
Article 3 When conducting anti-money laundering investigations, the PBOC and its branch institutions at the provincial level shall observe the principle of lawfulness, reasonableness, efficiency and confidentiality.
Article 4 When the PBOC or its branch institution at the provincial level conducts an anti-money laundering investigation, the financial institution shall be cooperative, shall faithfully provide the relevant documents and materials and shall not reject or hamper the anti-money laundering investigation. If the financial institution or its personnel refuses or hampers the anti-money laundering investigation, refuse to provide the investigation materials or intentionally provide any false material, they shall be subject to the corresponding legal liabilities.
Where any investigator violates the prescribed procedures, the financial institution may refuse the investigation.
Article 5 Where any functionary of the PBOC or of its branch institution at the provincial level conducts an anti-money laundering investigation or takes a temporary freezing measure in violation of pertinent provisions, he shall be given an administrative sanction. If any crime is constituted, he shall be transferred to the judicial organ for criminal liabilities.
Chapter II Investigation Scope and Jurisdiction
Article 6 If the People's Bank of China or its branch institution at the provincial level finds any of the following doubtful transactions and if it is necessary to verify it upon verification, if may conduct an anti-money laundering investigation in the financial institution:
1.Doubtful transaction reported by a financial institution under the relevant provisions;
2.Doubtful transaction found through the supervision and administration of anti-money laundering;
3.Doubtful transaction reported by a central sub-branch of the PBOC in a prefecture or city at the prefecture level or sub-branch of the PBOC in a county or city at the county level;
4.Doubtful anti-money laundering transaction circulated through a notice by any other administrative organ or by the judicial organ;
5.Doubtful transaction exposed by any entity or individual;
6.Doubtful transaction known through a foreign-related channel; or
7.Any other doubtful transaction, which it is reasonable to think that it is necessary to investigate and verify.
Article 7 The People's Bank of China shall be responsible for organizing anti-money investigations into the following doubtful transactions:
1. Doubtful transaction, which is of nationwide significance, serious and complicated;
2. Doubtful transaction, which is trans-provincial, serious and complicate and it is difficult for the PBOC's branch institution at the provincial level to conduct an investigation;
3. Foreign-related doubtful transaction, which may have significant political, social or international influence; or
4. Other doubtful transactions, which the PBOC deems necessary to investigate.
Article 8 The PBOC's branch institutions at the provincial level shall be responsible for the anti-money laundering investigations into the doubtful transactions under their respective jurisdiction.
If it is rather difficult for a branch institution of the PBOC at the provincial level to conduct an anti-money laundering investigation into a doubtful transaction under its jurisdiction, it may request the PBOC to do so.
Article 9 When a branch institution of the PBOC at the provincial level conducts an anti-money laundering investigation, if it is necessary for any other branch institution of the PBOC at the provincial level to assist it with the investigation, it may fill out an Application for Assistance with the Anti-money Laundering Investigation （see Annex 1） and submit it to the PBOC for approval.
Chapter III Preparation for Investigation
Article 10 When PBOC or its branch institution at the provincial level finds any doubtful transaction as mentioned in Article 6 of these Detailed Rules, it shall register it as the original material for anti-money laundering investigation, properly keep and turn it to the archives for reference.
Article 11 When the PBOC or its branch institution at the provincial level makes a preliminary examination over a doubtful transaction, if it deems it necessary to conduct an investigation for verification, it shall fill out a Form of Examination and Approval of Anti-money Laundering Investigation （see Annex 2） and submit it to the president （director） or deputy president （deputy director） in charge for approval.
Article 12 The PBOC or its branch institution at the provincial level shall form an investigation team before it conducts an anti-money laundering investigation.
The investigation team shall comprise at least 2 members, each of whom shall hold a Law Enforcement Certificate of the People's Bank of China. The investigation team shall have one head, who shall be responsible for organizing the anti-money laundering investigations. Where necessary, the personnel of a central sub-branch of the PBOC in a prefecture or city at the prefecture level or sub-branch of the PBOC in a county or city at the county level may be chosen and transferred to act as members of the investigation team.
Article 13 Where any investigator has an interest in the party under investigation or in the doubtful transaction, if he may affect the impartiality of the investigation, he shall disqualify him from the investigation.
Article 14 Prior to the anti-money laundering investigation of a doubtful transaction which is serious and complicated, the investigation team shall work out an investigation implementation plan.
Article 15 Before an investigation team conducts an anti-money laundering investigation, it shall prepare a Notice on Anti-money Laundering Investigation （see Annex 3. Annex 3-1 applies to on-the-spot investigations and Annex 3-2 applies to written investigations） and affix the official seal of the PBOC or the official seal of the PBOC's branch institution at the provincial level.
Article 16 The investigation team may, according to the needs of investigation, notify the financial institution in advance and require it to make corresponding preparations.
Chapter IV Implementation of Investigation
Article 17 An investigation team may conduct an anti-money laundering investigation in the form of written investigation or on-the-spot investigation.
Article 18 When conducting an anti-money laundering investigation, the investigation team shall investigate into the following information:
1. The basic information about the party under investigation;
2. Whether or not the doubtful transaction is true;
3. When the doubtful transaction occurs, amount, as well as the source and whereabouts of the money;
4. The information about the connected transactions of the party under investigation; and
5. Other facts relevant to the doubtful transaction.
Article 19 When conducting an on-the-spot investigation, at least 2 members of the investigation team shall be present and shall show their Law Enforcement Certificate of the People's Bank of China and a Notice on Anti-money Laundering Investigation.
The head of the investigation team shall inform the financial institution of the purpose, items and requirements of the investigation.
Article 20 When conducting an on-the-spot investigation, the investigation team may inquire the personnel of the financial institution and require them to offer the relevant information.
The inquiries shall be made during the working time of the inquirees.
The inquiries may be made in the financial institution or at any other place agreed by the inquirees.
When making an inquiry, at least two members shall be present.
Prior to an inquiry, the investigators shall inform the inquiree of the obligation to faithfully answer the questions and to keep the inquiry confidential, and the right to refuse to answer any question irrelevant to the investigation.
Article 21 When making an inquiry, the investigators shall make Transcripts of Anti-money Laundering Investigation （see Annex 4）. The inquiry transcripts shall be given to the inquiree for verification. If there is any omission or error in the inquiry transcripts, the inquiree may request for supplement or correction and shall, under the relevant requirement, sign his name or affix his seal to the place of revision. After the inquiree confirm the transcripts inerrant, he shall sign his name or affix his seal to each page of the inquiry transcripts. If he refuses to do so, the investigators shall give a clear indication in the inquiry transcripts. The investigators shall sign their respective name in the transcripts as well.
An inquiree may provide written materials on his own initiative. Where necessary, the investigators may also require the inquiree to write down the relevant information by himself. The inquiree shall sign his name or affix his seal to the last page of the written materials he provides. After the investigator receives the written materials, he shall write down the date of receipt and affix his seal on the upper right side of the first page thereof. The written materials provided by the inquiree shall be regarded as an annex to the inquiry transcripts and shall be preserved together with the inquiry transcripts.
Article 22 When conducting an on-the-spot investigation, the investigation team may consult and copy the following materials of the party under investigation:
1. The account information, including the information and materials which the party under investigation provided for opening, modifying or canceling an account;
2. The transaction records, including the recorded information and relevant vouchers which the party under investigation left during the course of transaction of fund;
3. Other paper, electronic and video and visual materials relating to the party under investigation and the doubtful transactions.
The consultation and copy of electronic data shall not affect the normal business operation of the financial institution.
Article 23 The investigation team may seal up the documents and materials, which are likely to be removed, concealed, altered or destroyed, for preservation.
During the period of sealing up for preservation, the financial institution shall not remove, conceal, alter or destroy any documents or materials sealed up for preservation.
Article 24 When the investigators seal up the documents and materials for preservation, they shall, together with the personnel of the financial institution, check the accurate number thereof and make a Checklist of Items Sealed up for Preservation in Anti-money Laundering Investigation （see Annex 5） in duplicate, which shall bear the signature or seal of the investigators and the personnel of the financial institution who are present, with one copy to be given to the financial institution and another to be attached to the case files for reference. If any of the personnel of the financial institution refuses to sign his name or affix his seal to the aforesaid Checklist, the investigators shall give a clear indication in the Checklist.
Where necessary, the investigators may take photographs of or scan the documents and materials sealed up.
Chapter V Temporary Freezing Measures
Article 25 If a client requests to transfer abroad the money in the accounts under investigation, the financial institution shall report it to the local branch institution of the PBOC without delay.
Article 26 After the local branch institution of the PBOC receives the report of the financial institution, it shall immediately report the emergent case to the local competent investigation organ.
After a central sub-branch of the PBOC in a prefecture or city at the prefecture level or sub-branch of the PBOC in a county or city at the county level receives the report of a financial institution, when it report the emergent case to the local competent investigation organ, it shall simultaneously report it to the PBOC's branch institution at the provincial level.
Article 27 After the PBOC's branch institution at the provincial level receives the report of the financial institution or of the central sub-branch of the PBOC in a prefecture or city at the prefecture level or sub-branch of the PBOC in a county or city at the county level, it shall verify the relevant information at once and fill out a Form of Application for Temporary Freezing （see Annex 6） and report it to the PBOC.
Article 28 If the president or deputy president in charge of the PBOC approves the taking of temporary freezing measures, the PBOC shall make a Notice of Temporary Freezing （see Annex 7）, affix its official seal to it and then formally notify the financial institution to comply with it.
The duration of temporary freezing shall be 48 hours, which shall be calculated from the moment when the financial institution receives the Notice of Temporary Freezing.
Article 29 If the investigation organ deems it unnecessary to continue to take the freezing measures, the PBOC shall, after it receives the notice of the investigation organ on no need to continue the freezing, make a Notice of Lift of the Temporary Freezing （see Annex 8） at once, affix its official seal to it and formally notify the financial institution to lift the temporary freezing.
Article 30 A financial institution shall immediately lift the temporary freezing if:
1. it receives the Notice of the PBOC on the Lift of Temporary Freezing; or
2. it fails to receive the notice of the investigation organ on continuing the freezing within 48 hours after it takes temporary freezing measures as required by the PBOC.
Chapter VI The End of Investigation
Article 31 After the investigation team has thoroughly investigated the items as mentioned in Article 18 of these Detailed Rules, it shall timely work out a Form of Report on Anti-money Laundering Investigation （see Annex 9）.
Article 32 When preparing a Form of Report on Anti-money Laundering Investigation, the investigation team shall put forward addressing opinions according to the following circumstances:
1. If the doubtful transaction is confirmed untrue or the doubt of money laundering cannot be eliminated upon investigation, the investigation shall be ended; or
2. If doubt of money laundering cannot be eliminated upon investigation, the case shall be reported to the competent investigation organ.
Article 33 The Form of Report on Anti-money Laundering Investigation shall be subject to the approval of the president （director） or deputy president （deputy director） in charge of the PBOC or of the PBOC's branch institution at the provincial level
Article 34 If the investigation is ended, the PBOC or its branch institution at the provincial level shall make an Notice of Unsealing （see Annex 10） of the documents and materials sealed up for preservation and formally notify the financial institution to unseal the documents and materials sealed up for preservation.
Article 35 If the doubt of money laundering cannot be eliminated upon investigation, the case shall be reported in writing to the competent investigation organ.
If the PBOC's branch institution at the provincial level directly reports the case to the competent investigation organ, it shall timely report it to the PBOC for archival purposes.
Article 36 After the investigation is ended or after the case is reported to the competent investigation organ, the PBOC or its branch institution at the provincial level shall put all the case files into archives.
Chapter VII Supplementary Provisions
Article 37 The formats of legal documents for the implementation of these Detailed Rules shall be created by the PBOC. For other legal documents needed in anti-money laundering investigations, if the PBOC has not created specimens for such legal documents, the PBOC's branch institution at the provincial level may do it.
Article 38 The power to interpret these Detailed Rules shall remain with the PBOC.
Article 39 These Detailed Rules shall come into force as of the date of promulgation. The Procedures for Acceptance and Investigation of Large-sum and Doubtful Payment Transactions （No. 180 [2004] of the General Office of the People's Bank of China） shall be repealed simultaneously.
Article 40 If other provisions （excluding rules and regulations） previously formulated by the PBOC are contrary to these Detailed Rules, these Detailed Rules shall prevail.