反洗钱
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金融机构客户尽职调查新规征求意见 建立动态精准洗钱风险防控机制
Jing Ji Ri Bao· 2025-08-09 01:44
Core Viewpoint - The introduction of the "Management Measures for Customer Due Diligence and Customer Identity Information and Transaction Record Retention" is a necessary step to implement the Anti-Money Laundering Law and prepare for international assessments, reflecting China's commitment to enhancing financial security and stability [1][3]. Group 1: Regulatory Framework - The People's Bank of China, along with the National Financial Regulatory Administration and the China Securities Regulatory Commission, has drafted the management measures to solicit public opinions [1]. - The revised Anti-Money Laundering Law, effective from January 1, 2024, emphasizes risk-based customer due diligence, requiring financial institutions to tailor their investigations based on customer characteristics and transaction risks [1][2]. Group 2: Risk Management - The management measures aim to address the shortcomings in the effectiveness of customer due diligence observed in recent money laundering cases, where some institutions applied uniform measures regardless of varying risk levels [2]. - The measures promote a risk-based approach, encouraging financial institutions to avoid mechanical due diligence practices and establish a dynamic and precise money laundering risk prevention mechanism [2]. Group 3: Public Service and Compliance - The management measures balance risk prevention with the need to ensure public access to financial services, specifying that not all cash transactions over 50,000 yuan require source verification, but only those with higher money laundering risks [3]. - The measures reaffirm existing international rules regarding cross-border remittances, requiring the transmission of true remitter information for transactions over 1,000 USD, thereby enhancing compliance without imposing new burdens [3]. - The guidelines provided by the management measures are expected to improve the overall risk management capabilities of the financial industry and strengthen compliance, thereby reducing the risks of money laundering and terrorist financing [3].
金融机构客户尽职调查新规征求意见——建立动态精准洗钱风险防控机制
Jing Ji Ri Bao· 2025-08-09 01:38
Core Viewpoint - The People's Bank of China, in collaboration with the National Financial Regulatory Administration and the China Securities Regulatory Commission, has drafted the "Management Measures for Customer Due Diligence and Customer Identity Information and Transaction Record Keeping" to enhance anti-money laundering efforts and align with international standards [1][2]. Group 1: Regulatory Framework - The draft management measures are a necessary step to implement the Anti-Money Laundering Law, which took effect on January 1, 2024, emphasizing risk-based customer due diligence [1]. - The measures aim to address the shortcomings in the effectiveness of customer due diligence practices observed in recent years, where some institutions applied a "one-size-fits-all" approach [2]. Group 2: Risk Management - The management measures stress the importance of a risk-based approach, requiring financial institutions to tailor their due diligence efforts according to the risk profile of clients, thereby avoiding mismatched measures [2]. - Specific provisions are included to simplify due diligence for low-risk scenarios, enhancing the convenience of normal financial operations [2]. Group 3: Public Service and Compliance - The measures do not mandate verification of the source and purpose of cash transactions above 50,000 yuan unless there is a high risk of money laundering, thus preventing excessive interference in the daily financial activities of the public [3]. - The management measures reaffirm existing international rules regarding cross-border remittances, ensuring the transmission of accurate sender information for transactions over 1,000 USD, which is not a new requirement but emphasizes compliance with global standards [3].
建立动态精准洗钱风险防控机制
Sou Hu Cai Jing· 2025-08-08 22:27
交通银行内控合规部副总经理戴浩然介绍,《管理办法》关于基于风险开展客户尽职调查的要求,除落 实反洗钱法、适应国内实践需要外,也与反洗钱国际标准和国际通行做法相一致。今年底,我国将迎来 新一轮反洗钱国际评估。该评估是衡量一国反洗钱水平的重要标尺,评估结果关乎我国扩大金融行业高 水平对外开放的工作大局。 《管理办法》在防范风险的同时,注重保障公众正常金融服务需求。例如,未要求对5万元以上现金存 取业务一律核查资金来源和用途,而是规定仅对洗钱风险较高的情形强化尽职调查,避免过度干预普通 民众日常金融活动。在跨境汇款领域,《管理办法》重申了执行20余年的国际规则——1000美元以上跨 境汇款需传递真实汇款人信息,旨在确保身份真实准确,防范风险,并非新增要求。 从金融业实践看,2007年《反洗钱法》施行以来,金融机构持续健全反洗钱内控制度,依法开展客户尽 职调查工作,完善洗钱预防措施。但近年来出现的洗钱风险案例暴露出部分金融机构尽职调查有效性不 足的问题。比如,有的机构对不同风险状况的客户采取"一刀切"措施,有的忽视业务存续期间的风险变 化,导致资源错配和风险隐患。 "在全球化背景下,中国积极履行国际反洗钱义务,反映了 ...
反洗钱宣传|贯彻落实《反洗钱法》保护各方合法权益
野村东方国际证券· 2025-08-08 09:17
Core Viewpoint - The newly revised Anti-Money Laundering Law of the People's Republic of China will take effect on January 1, 2025, establishing clear rights and obligations for financial institutions and the public, requiring active participation and cooperation from all parties involved in financial services [1]. Group 1: Relationships and Cooperation - The program "Anti-Money Laundering Talks" focuses on balancing three key relationships: the relationship between financial institutions and customers, the management of money laundering risks versus the optimization of financial services, and the balance between risk prevention and transaction freedom [1]. - The program employs an innovative format of "scenario reenactment + theoretical discussion" through three short films, exploring how various participants in anti-money laundering efforts can cooperate to protect the legitimate rights and interests of all parties [1]. Group 2: Program Significance - Over six years, "Anti-Money Laundering Talks" has served as a vital resource for financial practitioners and the public, conveying industry value and fostering consensus on anti-money laundering efforts, thereby bridging communication between compliant financial operations and public understanding [3].
依法防范 贵金属和宝石交易洗钱风险
Jin Rong Shi Bao· 2025-08-08 07:57
Core Viewpoint - The People's Bank of China has issued the "Management Measures for Anti-Money Laundering and Anti-Terrorist Financing for Precious Metals and Gemstone Practitioners," which mandates reporting of cash transactions exceeding 100,000 RMB or equivalent foreign currency [1][2]. Group 1: Regulatory Framework - The "Management Measures" aim to enhance the legal framework and strengthen industry supervision in response to the revised Anti-Money Laundering Law of the People's Republic of China [2]. - The measures are designed to prevent illegal funds from entering the market, curb corruption, and improve the business environment in the precious metals and gemstones sector [2]. - The implementation of these measures is also a preparatory step for the upcoming international anti-money laundering evaluation in 2025, aligning with international standards [2]. Group 2: Reporting Requirements - Institutions must report cash transactions of 100,000 RMB or more within five working days to the Anti-Money Laundering Monitoring and Analysis Center [3][4]. - This reporting requirement is consistent with international practices, where similar thresholds exist for cash transactions [3]. - The focus on cash transactions is due to their higher associated risks for money laundering and terrorist financing [3]. Group 3: Privacy and Confidentiality - The "Management Measures" stipulate that customer information obtained during anti-money laundering duties must be kept confidential and not disclosed without legal authorization [4]. - There are strict confidentiality measures in place regarding the use of large transaction reports to protect personal information [3][4]. - Concerns regarding privacy protection are addressed, emphasizing that the Anti-Money Laundering Monitoring and Analysis Center has stringent regulations on information usage [3].
强化监管补上反洗钱漏洞 8月1日起现金购买黄金超10万元需上报
Jing Ji Ri Bao· 2025-08-08 07:20
Core Viewpoint - The People's Bank of China has issued a new regulation on anti-money laundering and counter-terrorist financing for precious metals and gemstones, effective from August 1, 2023, which mandates institutions to fulfill anti-money laundering obligations for cash transactions exceeding 100,000 RMB or its equivalent in foreign currency [1][2]. Group 1: Regulatory Context - The regulation aims to address the regulatory gap in the precious metals and gemstones sector, which is often exploited for money laundering due to its high value and portability [1]. - The Financial Action Task Force (FATF) has classified precious metals and gemstones traders as specific non-financial institutions, requiring them to comply with anti-money laundering obligations [2]. - The 100,000 RMB cash threshold is seen as a balance between regulatory efficiency and cost, aligning with international standards [2]. Group 2: Impact on Consumers - Consumers purchasing precious metals or gemstones through non-cash methods, such as credit cards or mobile payments, are not directly affected by the new regulation, regardless of the amount [3]. - The regulation primarily targets cash transactions, and as long as consumers ensure their funds are legally sourced and transactions are conducted through proper channels, their normal investment activities will not be significantly impacted [3]. Group 3: Industry Response and Future Outlook - The regulation reflects a growing trend towards stricter compliance requirements for anti-money laundering within the industry, necessitating institutions to invest more resources in establishing robust internal controls [3]. - There is an emphasis on enhancing data sharing and communication with regulatory bodies to improve transaction monitoring and identification of suspicious activities [3].
上海农商行拒2万枚硬币兑换 银行回应客户无法说明硬币来源
Xin Jing Bao· 2025-08-08 07:19
7月7日,新京报贝壳财经记者采访了上海农商银行总部工作人员。工作人员告诉记者,主要还是陆 先生无法说清楚如此数量巨大的残缺污损人民币到底来自何处?银行有义务查清资金来源以防止洗钱活 动。根据《中华人民共和国反洗钱法》,金融机构需建立反洗钱内部控制制度,对客户资金来源进行尽 职调查并报告可疑交易。而陆先生提供的一张所谓的公司证明其"发黑"的硬币来自某生活垃圾焚烧发电 厂,但单位名称是被隐去的,并未告知银行具体的公司名称和联系人,银行无法核实钱币来源进行背 调。 新京报贝壳财经讯(记者俞金旻)近日,网友陆先生向贝壳财经记者反映,他带着140多斤1角硬币 前往上海农商银行兑换,却被网点支行拒收。他质疑银行的做法违反了《中国人民银行残缺污损人民币 兑换办法》。 7月3日,陆先生带着一麻袋1角硬币来到上海农商银行总行营业部"讨说法",工作人员仍拒绝兑 换,也未给出理由。贝壳财经记者了解到,陆先生带去的这袋硬币共有20000多枚,总达140多斤,金额 为2000多元。 7月3日,陆先生在上海农商银行总部大厅休息区清点残缺污损人民币。受访者供图 当问及硬币的来源,陆先生陈述,其从事烟酒礼品回收生意,此次携带的硬币系某生活垃 ...
扎紧“基于风险”主线 为预防洗钱筑牢屏障
Jin Rong Shi Bao· 2025-08-05 09:01
Core Viewpoint - The People's Bank of China, in collaboration with the National Financial Regulatory Administration and the China Securities Regulatory Commission, has drafted the "Management Measures for Customer Due Diligence and Customer Identity Information and Transaction Record Keeping by Financial Institutions (Draft for Comments)" to enhance anti-money laundering efforts and align with international standards [1][2]. Group 1: Regulatory Framework - The draft management measures are a necessary step to implement the Anti-Money Laundering Law and prepare for international assessments [1]. - The revised Anti-Money Laundering Law, effective from January 1, 2024, emphasizes risk-based customer due diligence, requiring financial institutions to tailor their investigations based on customer characteristics and transaction risks [1][2]. - The management measures aim to bridge the gap between China's practices and international standards set by the Financial Action Task Force (FATF), especially ahead of the upcoming international assessment [1][2]. Group 2: Practical Implications - Since the implementation of the Anti-Money Laundering Law in 2007, financial institutions have improved their internal controls and customer due diligence processes, but recent money laundering cases have highlighted deficiencies in these practices [2]. - The management measures stress a risk-based approach, encouraging financial institutions to avoid a one-size-fits-all method and to adapt their due diligence based on the risk profile of clients [2]. - The measures provide a framework that balances legal compliance with practical flexibility, aiming to reduce unnecessary costs while preventing criminal activities [2]. Group 3: Execution and Oversight - The effectiveness of the management measures will depend on financial institutions adopting a proactive risk management approach rather than a checkbox compliance mentality [3]. - Regulatory bodies are urged to enhance risk-based anti-money laundering supervision, ensuring that financial institutions effectively assess, monitor, and mitigate money laundering risks [3]. - A balance must be struck between managing money laundering risks and optimizing financial services to support the healthy development of the financial market [3].
金融机构客户尽职调查新规将至
Bei Jing Shang Bao· 2025-08-05 08:39
原标题:反洗钱监管升级 金融机构客户尽职调查新规将至 金融领域的反洗钱监管持续升级中。8月4日,中国人民银行、国家金融监督管理总局、中国证券监督管 理委员会关于《金融机构客户尽职调查和客户身份资料及交易记录保存管理办法(征求意见稿)》(以下简 称《办法》),现向社会公开征求意见,意见反馈截止时间为2025年9月3日。 在信托公司部分,《办法》提到,信托公司在设立信托或者为客户办理信托受益权转让时,应当识别并 核实委托人身份,了解信托财产的来源,登记委托人、受益人的身份基本信息,并留存委托人有效身份 证件或者其他身份证明文件的复印件或者影印件。 结合内容来看,《办法》围绕对金融领域客户尽职调查流程、客户身份资料及交易记录保存等以及受益 所有人识别等提出多项细化要求,为金融机构提供了操作指南。而在《办法》之前,金融监管部门也曾 出台多个细分领域的反洗钱要求。分析人士指出,有效的反洗钱措施能够帮助金融机构识别并防范潜在 的金融犯罪风险,为客户提供更安全的服务环境。 事实上,围绕金融机构客户调查及资料保存,人民银行早前便出台了相关规定。在2021年3月,人民银 行等三部门曾就《金融机构客户尽职调查和客户身份资料及交易 ...
向境外汇款单笔超5000元应核实汇款人身份
Zheng Quan Shi Bao Wang· 2025-08-04 23:32
Core Viewpoint - The People's Bank of China, along with other regulatory bodies, has released a draft management measure aimed at enhancing customer due diligence and transaction record-keeping in financial institutions, addressing deficiencies in risk-based customer due diligence practices [1][2]. Group 1: Regulatory Framework - The draft management measure is designed to align with international anti-money laundering standards set by the Financial Action Task Force (FATF) and to fulfill requirements of the Anti-Money Laundering Law [1]. - Financial institutions are required to adopt a diligent approach, following the principle of "Know Your Customer" to identify and verify customer identities based on their characteristics and transaction activities [1][2]. Group 2: Customer Due Diligence Requirements - Financial institutions must continuously monitor and assess the overall status and transaction activities of customers during the business relationship, particularly focusing on money laundering risks [2]. - Institutions are prohibited from providing services to unidentified customers or opening anonymous accounts, and must verify the identity of remitters for transactions exceeding RMB 5,000 or USD 1,000 [2]. Group 3: Simplified Due Diligence - The draft emphasizes that simplified due diligence does not exempt financial institutions from their obligation to conduct customer due diligence, requiring at least the registration of customer names or identities [2].