壹快评｜金融机构反洗钱尽职调查要强调便民不扰民

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 Data 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 [2][4]. Group 1: Background and Rationale - The new measures are prompted by the revised Anti-Money Laundering Law, effective January 1, 2025, which requires further detailed supporting measures [2]. - Recent regulatory findings indicate that financial institutions have inadequacies in implementing risk-appropriate customer due diligence measures [2]. - The draft references the Financial Action Task Force (FATF) international standards, highlighting existing gaps in China's regulations regarding simplified due diligence and beneficial ownership [2]. Group 2: Key Provisions of the Draft - The draft emphasizes a risk-based approach, allowing for simplified due diligence for low-risk scenarios, and only requiring enhanced due diligence in high-risk situations related to money laundering or terrorist financing [3][4]. - It specifies that not all cash transactions over 50,000 yuan need to be scrutinized for source and purpose, but only those identified as high-risk [3]. - The draft aims to balance AML measures with the need to facilitate normal financial activities for the public [3]. Group 3: Implications and Recommendations - Legal experts suggest that the draft's focus 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 [4]. - Data from the People's Bank of China indicates a significant number of suspicious transaction leads and investigations, underscoring the need for continued monitoring of high-risk groups while simplifying processes for low-risk individuals [5]. - Recommendations include further clarification of financial institutions' discretionary powers and avoiding overlapping regulatory directives to minimize public impact [5].