China Financial Industry’s Anti-money Laundering’s Obligations
Financial industry’s anti-money laundering’s obligations are the behaviors that the regulatory authorities and financial institutions take an action on preventing the money laundering ,which is by the means of disguising or concealing the crime’s proceeds and its’origin of the drug-related crime、smuggling terrorism crime、corruption and bribery、crime of damaging the financial management order and financial fraud crime. The measures are the preventing and monitoring measures which are the same meaning as the anti-money laundering obligations.
The involving units of the financial anti-money laundering’s obligations are the relevant regulatory authorities and financial institutions. The objects of the anti-money laundering’s obligations are the three money laundering deeds which involve the money laundering crimes crimes of harboring、transferring、purchasing and selling the booty、crimes of shielding the drugs’ criminal、crimes of harboring、transferring、concealing the drugs and the drugs’ booty.
The content of financial industry’s anti-money laundering’s obligations involve the anti-money laundering’s obligation of supervising and monitoring、the anti-money laundering’s obligation of administrative investigation、the anti-money laundering’s obligation of international cooperation、the obligation of establishing and improving the internal control system the obligation of establishing and improving the customer identification recognizing system、the obligation of establishing and improving the customer identification materials and transaction record keeping system、the obligation of establishing and improving the large-sum and suspicious transaction reporting system.
As for the object of anti-money laundering,the predicate criminal is not the main of money laundering crime;The subjective state of mind of money laundering crime is knowingly,which is difficult for proof and conviction; the three money laundering deeds which involve the money laundering crime、crimes of harbor transferring、purchasing and selling the booty、crimes of shielding the drugs’ criminals crimes of harboring、transferring、concealing the drugs and the drugs’ booty, is hard to differentiate in conviction; The objective aspect of money laundering crime just has such two kinds deeds as the covering up and concealing, which is as not the same as the international pact.
As for the aspect of supervisory board’s anti-money laundering’s obligations, there is not an agreement on whether the CPC should be the organizer and the coordinator of anti-money laundering system; The coordinating mechanism between the CPC and the MPS has deficiencies just like the one among the financial regulators; The joint investigation based on different regions and industries encounters a dis-fluency on law enforcement, on the same time,the procedure is also miscellaneous.
The sole-collecting is not defined as a money-laundering crime , the relief channel of freezing、tips-off system and the confiscation of alternative system are all in a loss,to an great extent, above all don’t accord with the international pact. China hasn’t been be a member in the Egmont Group and the Asia-Pacific Group.As for the aspect of financial institution anti-money laundering’s obligations,the systems of internal control and customer identification information and transaction records-keeping have a lot of imperfections. The classification of customer identification、recognizing spectrum isn’t comprehensive; The methods of case recognizing are not targeted; The system of recognizing immunity is still in a loss.
The existing anti-money laundering anti-money laundering sectors and employees are not competent in anti-money-laundering system, regulatory policies in anti-money laundering has a misleading orientation; Suspect traction reporting criterion and reporting procedure have a limitation; The criminals of money laundering often make use of the constructive transaction method to elude the large-sum transaction reporting system.