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反洗钱小课堂 | 遏制洗钱犯罪 守护金融安全——新《反洗钱法》要点解读
中泰证券资管· 2025-09-24 11:33
Core Viewpoint - The article discusses the revisions to the Anti-Money Laundering (AML) Law, emphasizing the enhancement of AML objectives, obligations for financial institutions, and the introduction of stricter penalties to combat money laundering activities effectively [2][3][11]. Group 1: AML Objectives and Concepts - The revised AML Law aims to strengthen and standardize AML efforts, ensuring the maintenance of financial order, public interest, and national security [2]. - It retains the focus on seven key upstream criminal activities related to money laundering while expanding the scope to include the concealment of proceeds from other crimes [2]. Group 2: Obligations of Financial Institutions - Financial institutions are required to establish robust internal control systems for AML, conduct customer due diligence, and maintain records of customer identities and transaction histories [3]. - They must report large and suspicious transactions, implement risk-based management measures, and ensure confidentiality of AML information [3][4]. Group 3: Non-Financial Institutions' AML Obligations - Specific non-financial institutions, such as real estate developers and intermediaries, are also mandated to fulfill AML obligations based on their operational characteristics and risk profiles [4][5]. Group 4: Data Security and Personal Information Protection - The revised law emphasizes the protection of AML-related data and personal information, ensuring confidentiality and compliance with data protection regulations [7][8]. Group 5: Advocacy for AML Prevention and Reporting - The AML authorities will collaborate with relevant agencies to enhance public awareness and reporting capabilities regarding money laundering activities [10]. - Individuals and organizations are encouraged to report suspected money laundering activities, with protections in place for whistleblowers [10]. Group 6: Beneficial Ownership Regulations - The law establishes a system for managing beneficial ownership information, requiring entities to maintain and update this information regularly [10]. Group 7: Increased Penalties for Non-Compliance - The revised law introduces new penalties for non-compliance, including higher fines for financial institutions and specific non-financial institutions that fail to identify or update beneficial ownership information [11]. - The maximum penalty for individuals involved in violations has been raised to 500,000 yuan [11]. Group 8: Risk Management Framework - Financial institutions are mandated to integrate risk management into their daily operations, including the establishment of dedicated teams for AML efforts [12]. - They must assess and monitor new technologies and products for potential money laundering risks [12].