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Measures on the Administration of Reporting Large and Doubtful Payment Transactions in Renminbi [Expired]
人民币大额和可疑支付交易报告管理办法 [失效]
【法宝引证码】

 
Order of the People's Bank of China 

中国人民银行令


(No. 2 [2003])
 
([2003]第2号)


The Measures on the Administration of Reporting Large and Doubtful Payment Transactions in Renminbi formulated by the People's Bank of China in accordance with the Law of the People's Republic of China on the People's Bank of China and other laws and regulations, which were adopted at the 7th executive meeting on September 17, 2002, are hereby promulgated, and shall come into force on March 1, 2003.
 
根据《中华人民共和国中国人民银行法》等法律法规的规定,中国人民银行制定了《人民币大额和可疑支付交易报告管理办法》,经2002年9月17日第7次行务会议通过,现予公布,自2003年3月1日起施行。

Zhou Xiaochuan, President
 
行长:周小川

January 3, 2003
 
二00三年一月三日

Measures on the Administration of Reporting Large and Doubtful Payment Transactions in Renminbi
 
人民币大额和可疑支付交易报告管理办法

 
Article 1 The present measures are formulated in accordance with Law of the People's Republic of China on the People's Bank of China and other relevant laws and administrative regulations with a view to strengthening the supervision and administration of payment transactions in Renminbi, regulating the reporting of payment transactions in Renminbi, and preventing such illegal and criminal activities as laundering money by using bank settlement of payments.   第一条 为加强对人民币支付交易的监督管理,规范人民币支付交易报告行为,防范利用银行支付结算进行洗钱等违法犯罪活动,根据《中华人民共和国中国人民银行法》等有关法律、行政法规,制定本办法。

 
Article 2 Payment transaction in Renminbi as mentioned in the present measures shall refer to the transaction of payment in currency calculated in Renminbi and the settlement of funds thereof, which is made by an entity or individual in public economic activities by negotiable instruments, bank cards, remittance, collection with acceptance, authorized collection, on-line payment, cash or other means.   第二条 本办法所称人民币支付交易,是指单位、个人在社会经济活动中通过票据、银行卡、汇兑、托收承付、委托收款、网上支付和现金等方式进行的以人民币计价的货币给付及其资金清算的交易。

Large payment transaction shall refer to the transaction of payment in Renminbi at or above the stipulated amount.
 
大额支付交易,是指规定金额以上的人民币支付交易。

Doubtful payment transaction shall refer to the transaction of payment in Renminbi with the amount, frequency, flow, uses, nature, etc. of the transaction under unusual circumstances.
 
可疑支付交易,是指交易的金额、频率、流向、用途、性质等有异常情形的人民币支付交易。

 
Article 3 Policy-related banks, commercial banks, urban and rural credit cooperatives and their associate cooperatives, postal depositary and remittance institutions (hereinafter referred to as financial institutions), which are established inside the territory of the People's Republic of China upon approval by the People's Bank of China shall abide by the present measures when handling the payment transaction business.   第三条 经中国人民银行批准在中华人民共和国境内设立的政策性银行、商业银行、城乡信用社及其联合社、邮政储汇机构(以下简称金融机构)办理支付交易业务应遵守本办法。

 
Article 4 The People's Bank of China and its branches shall be responsible for supervising and administering the reporting of payment transactions.   第四条 中国人民银行及其分支机构负责支付交易报告工作的监督和管理。

 
Article 5 The People's Bank of China shall set up a system for monitoring payment transactions to supervise the payment transactions.   第五条 中国人民银行建立支付交易监测系统,对支付交易进行监测。

 
Article 6 The business department of a financial institution shall set up special posts for anti-laundry of money and the system of post responsibility, and designate special persons to be responsible for making records, analysis and reports on large payment transactions and doubtful payment transactions.   第六条 金融机构的营业机构应设立专门的反洗钱岗位,建立岗位责任制,明确专人负责对大额支付交易和可疑支付交易进行记录、分析和报告。

 
Article 7 The following payment transactions shall belong to large payment transactions:   第七条 下列支付交易属于大额支付交易:

 
(a) single payment by transfer of account between legal persons, other organizations and individual industrial and commercial businesses (hereinafter uniformly referred to as entities) with the amount at 1 million Yuan or more; (一)法人、其他组织和个体工商户(以下统称单位)之间金额100万元以上的单笔转账支付;

 
(b) single cash receipt and payment, including cash deposit, cash disbursement and cash remittance, cash draft, cash promissory note collection, with the amount at 200,000 Yuan or more; (二)金额20万元以上的单笔现金收付,包括现金缴存、现金支取和现金汇款、现金汇票、现金本票解付;

 
(c) transfer of money between banking settlement accounts for individuals or between a banking settlement account for individual and a banking settlement account for entity, with the amount at 200,000 Yuan or more. (三)个人银行结算账户之间以及个人银行结算账户与单位银行结算账户之间金额20万元以上的款项划转。

 
Article 8 The following payment transactions shall belong to doubtful payment transactions:   第八条 下列支付交易属于可疑支付交易:

 
(a) separate inward transfer and concentrative outward transfer, or concentrative inward transfer and separate outward transfer of funds within a short term; (一)短期内资金分散转入、集中转出或集中转入、分散转出;

 
(b) that whose frequency and amount of fund receipts and payments obviously do not conform to the enterprise's operation scale; (二)资金收付频率及金额与企业经营规模明显不符;

 
(c) that whose flow of fund receipts and payments obviously do not conform to the enterprise's scope of business; (三)资金收付流向与企业经营范围明显不符;

 
(d) that for which the enterprise's daily receipts and payments obviously do not conform to its operational characters; (四)企业日常收付与企业经营特点明显不符;

 
(e) that for which a large quantity of periodical fund receipts and payments obviously do not conform to the enterprise's nature and business characters; (五)周期性发生大量资金收付与企业性质、业务特点明显不符;

 
(f) that for which fund receipts and payments frequently occur between the same receivers and payers within a short term; (六)相同收付款人之间短期内频繁发生资金收付;

 
(g) that for which the account left unused for long is unexpectedly used for unclear reasons, and there are a large quantity of fund receipts and payments within a short term; (七)长期闲置的账户原因不明地突然启用,且短期内出现大量资金收付;

 
(h) frequent receipt of individual remittance obviously irrelated to its business within a short term; (八)短期内频繁地收取来自与其经营业务明显无关的个人汇款;

 
(i) that for which the amount, frequency and uses of deposited cash obviously do not conform to its normal cash receipts and payments;
......
 (九)存取现金的数额、频率及用途与其正常现金收付明显不符;
......

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