金融机构反洗钱尽职调查要强调便民不扰民｜壹快评

Core Viewpoint - The People's Bank of China, along with the National Financial Regulatory Administration and the China Securities Regulatory Commission, has drafted a "Customer Due Diligence and Customer Identity Information and Transaction Record Management Measures (Draft for Comments)" to enhance anti-money laundering (AML) practices in financial institutions, addressing gaps in risk-based customer due diligence measures [1][2]. Group 1: Background and Rationale - The new AML law, effective from January 1, 2025, necessitates further refinement of supporting measures [1]. - Regulatory findings indicate that financial institutions have been inadequate in implementing risk-appropriate customer due diligence measures [1][2]. - The draft management measures aim to align China's regulations with international standards set by the Financial Action Task Force (FATF) regarding simplified due diligence and beneficial ownership [1]. Group 2: Key Provisions of the Draft Management Measures - The management measures emphasize a risk-based approach, allowing for simplified due diligence in low-risk scenarios, and only requiring enhanced due diligence in high-risk situations related to money laundering or terrorist financing [2]. - The measures do not mandate verification of the source and purpose of cash transactions over 50,000 yuan unless there is a high risk of money laundering, thus reducing unnecessary interference in the daily financial activities of the public [2]. - Legal experts have noted that the emphasis on a risk-based principle aims to help financial institutions avoid a "mechanical" approach to customer due diligence, fostering a dynamic and precise AML risk prevention mechanism [2]. Group 3: Data and Recommendations - In 2024, the People's Bank of China received over 11,000 key suspicious transaction reports, leading to more than 2,900 AML investigations and the transfer of over 6,300 leads to law enforcement [3]. - The draft management measures suggest further clarification of financial institutions' discretionary powers to prevent excessive escalation of due diligence requirements based on vague suspicions [3]. - It is crucial to balance the prevention of money laundering with minimizing the impact on the general public, aiming for a principle of convenience without disturbance in the final implementation of the management measures [3].