金融机构反洗钱和反恐怖融资监督管理办法_有关事项的通知（征求意见稿_7页_549kb

Analysis and Summary of the Notice on Implementing the "Management Measures"

Background

This notice outlines guidelines for implementing the "Financial Institutions Anti-Money Laundering and Counter-Terrorist Financing Supervision Measures" (Regulation PBoC Order [2021] No. 3) to enhance supervision of anti-money laundering (AML) and counter-terrorism financing (CTF) activities. It emphasizes a risk-based approach to ensure effective oversight.

Key Content Summary

• Regulatory Division of Labor:

  • The People's Bank of China (PBoC) and its branches are assigned responsibility for supervising financial institutions, with specific allocations based on institutions' jurisdictions.
  • Annex 1 lists financial institutions subject to direct PBoC oversight, covering 26 institutions primarily in major cities.
  • Annex 2 details cases where actual operating locations determine regulatory responsibility, with 12 institutions specified.

• Risk-Based Supervision:

  • PBoC headquarters develops national strategies and risk assessments to allocate regulatory resources effectively.
  • Regulations include conducting inherent and control measures assessments, with risk evaluations updated based on real-time information and case reviews.
  • Regulatory bodies can collect data from institutions and enforce measures, such as audits, to address compliance issues.

• Financial Institution Requirements:

  • Institutions must report specific events annually to their AML regulators, such as major criminal activities, high-profile money laundering cases, and key risk events. Reporting should occur by January 31st each year.
  • Annual reports must include risk assessments, internal controls, and other compliance details, signed by senior management.

• Applicable Date and Repeal:

  • This notice took effect on a specified date, repealing the old notice (银办发〔2014〕263号), and includes appending lists for reference.