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1、Statute TitleLaw of the Peoples Republic of China on Anti-money Laundering EffectivePromulgation date:10-31-2006Effective date:01-01-2007Department:Standing Committee of the National Peoples CongressSubject:Banking & Finance,Government Affairs2006-10-312007-01-01Order of the President(No. 56)The Law
2、 of the Peoples Republic of China on Anti-money Laundering, which was adopted at the 24th meeting of the Standing Committee of the 10th National Peoples Congress of the Peoples Republic of China, is hereby promulgated and shall come into force on January 1, 2007.President of the Peoples Republic of
3、China Hu JingtaoOctober 31, 2006Law of the Peoples Republic of China on Anti-money Laundering(Adopted at the 24th meeting of the Standing Committee of the 10th National Peoples Congress)56:213054216 20061031Table of ContentsChapter I General ProvisionsChapter II Anti-money Laundering Supervision and
4、 AdministrationChapter III Anti-money Laundering Obligations of Financial InstitutionsChapter IV Anti-money Laundering InvestigationChapter V International Anti-money Laundering CooperationChapter VI Legal LiabilitiesChapter VII Supplementary Provisions Chapter I General Provisions Article 1 The pre
5、sent Law is formulated for the purpose of preventing money-laundering, safeguarding the financial order and cracking down on the crime of money-laundering as well as other relevant crimes. :1Article 2 The term anti-money laundering as mentioned in the present Law refers to an act of adopting the rel
6、evant measures according to the provisions of the present Law to prevent any money laundering activity for the purpose of concealing or disguising, by all means, the sources and nature of criminal proceeds generated from any drug-related crime, organizational crime of any gangland, terrorist crime,
7、crime of smuggling, crime of corruption or bribery, crime of disrupting the financial management order, crime of financial fraud, etc. :2Article 3 A financial institution as established within the territory of the Peoples Republic of China or a special non-financial institution that shall perform th
8、e obligation of anti-money laundering shall adopt relevant measures for prevention and supervision according to law, establish and improve a clients identity identification system, a preservation system of clients identity materials and transactional records, a reporting system of large sum transact
9、ions and doubtful transactions, and perform its anti-money laundering obligations. :2Article 4 The administrative department of anti-money laundering of the State Council shall take charge of the anti-money laundering supervision and administration throughout the country. The relevant departments an
10、d organs under the State Council shall, within their respective scope of functions and duties, perform their obligations of anti-money laundering supervision and administration.The administrative department of anti-money laundering of the State Council, the relevant departments and organs under the
11、State Council and the judicial organs shall coordinate with each other in their anti-money laundering work. Article 5 Any clients identity material or transactional information as acquired in the performance of the duties and functions of anti-money laundering according to law shall be kept confiden
12、tial. None of the aforesaid information may be provided to any entity or individual in the absence of relevant provisions of law.The clients identity materials and transactional information as acquired by the administrative department of anti-money laundering or any other department or organ bearing
13、 the obligation of anti-money laundering supervision and administration according to law in the process of performing their anti-money laundering functions and duties shall only be used in the administrative anti-money laundering investigation.The clients identity materials and transactional informa
14、tion as acquired by the judicial organ according to the present Law shall only be used in the criminal litigation on anti-money laundering. Article 6 Where any organ or functionary bearing the anti-money laundering obligation submits a report on large sum transaction or doubtful transaction accordin
15、g to law, it shall be protected by law. Article 7 Where any entity or individual finds any money laundering activity, it/he has the right to tip it off to the administrative department of anti-money laundering or to the public security organ. The organ that accepts a tip-off shall keep confidential
16、the tip-off maker as well as the tipped-off contents.:1Chapter II Anti-money Laundering Supervision and Administration Article 8 The administrative department of anti-money laundering of the State Council shall organize and coordinate the anti-money laundering work throughout the country, take charg
17、e of the supervision over the anti-money laundering funds, formulate, by itself or in collaboration with the relevant financial regulatory bodies under the State Council, the relevant anti-money laundering regulations of financial institutions, conduct supervision and examination on the performance
18、of anti-money laundering obligations by financial institutions, investigate into doubtful transactions within the power limit of its functions and duties, and perform other duties and functions of anti-money laundering as prescribed by law or by the State Council.A dispatched organ of the administra
19、tive department of anti-money laundering of the State Council shall, within the power limit as authorized by the administrative department of anti-money laundering of the State Council, conduct supervision and examination of the performance of anti-money laundering obligations by financial instituti
20、ons. Article 9 The relevant financial regulatory bodies under the State Council shall participate in the formulation of anti-money laundering regulations for the financial institutions under its supervision and administration, require them to establish and improve an internal control system of anti-
21、money laundering and perform the other duties and functions of anti-money laundering as prescribed by law or by the State Council. Article 10 The administrative department of anti-money laundering of the State Council shall establish an Anti-money Laundering Information Center to take charge of acce
22、pting and analyzing the reports on large sum transactions and doubtful transactions, report the result of analysis to the administrative department of anti-money laundering of the State Council according to the relevant provisions and perform any other functions and duties as prescribed by the admin
23、istrative department of anti-money laundering of the State Council. Article 11 The administrative department of anti-money laundering of the State Council may, in order to perform its duties and functions of supervising the anti-money laundering funds, collect the necessary information from the rele
24、vant departments and organs of the State Council, and the latter shall provide assistance.The administrative department of anti-money laundering of the State Council shall circulate, on a periodic basis, the anti-money laundering work to the relevant departments and organs of the State Council. Arti
25、cle 12 Where the customs finds that any cash or bearer securities that any person carries exceeds the prescribed sum, it shall report the case to the administrative department of anti-money laundering in a timely manner.The standards of amount that shall be circulated in the preceding paragraph shal
26、l be prescribed by the administrative department of anti-money laundering of the State Council in collaboration with the General Administration of Customs. Article 13 Where the administrative department of anti-money laundering or any other department or organ bearing the obligation of anti-money la
27、undering supervision and administration according to law finds any transaction involved with the crime of money laundering, it shall report it to the investigation organ in a timely manner. Article 14 Where the relevant financial regulatory body under the State Council conducts examination and appro
28、val of the establishment of a new financial institution or establishment of any sub-branch or branch of a financial institution, it shall examine the internal control system of anti-money laundering of the new institution and shall not approve any application for establishment that fails to satisfy
29、the provisions of the present Law.:1Chapter III Anti-money Laundering Obligations of Financial Institutions Article 15 A financial institution shall, according to the provisions of the present Law, establish and improve its internal control system of anti-money laundering, and the principal thereof
30、shall be responsible for the effective implementation of its internal control system of anti-money laundering.A financial institution shall establish a special institution of anti-money laundering or designate an internal department to take charge of anti-money laundering. Article 16 A financial ins
31、titution shall establish a clients identity identification system according to the relevant provisions.Where a financial institution establishes any business relationship with a client or provides such one-off financial services as cash remittance, cash conversion and bill payment beyond the prescri
32、bed amount, it shall require the client to show its/his authentic and effective identity certificate or any other identity certification document and make relevant verification and registration.Where a client entrusts an agent to handle the transaction on its/his behalf, the relevant financial insti
33、tution shall make verification and registration of the identity certificates or any other identity certification documents of the agent and the principal thereof.Where a financial institution establishes a business relationship of personal insurance or trust with his client yet if the contractual be
34、neficiary is not the client himself, the financial institution shall make verification and registration of the identity certificate or any other identity certification document of the beneficiary as well.A financial institution shall not provide any service to or have trade with any client who canno
35、t clarify his identity or establish any anonymous or pseudonymous account therefor.Where a financial institution has any doubt about the authenticity or effectiveness or completeness of any clients identity materials, it shall check out the clients identity again.Where any entity or individual establishes any business relationship with any financial institution or requires a financial institution to provide a one-off financial service, it/he shall provide its/his authentic and effective identity certificate or any other identity certification document.
