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【正文】 。s Bank of ChinaMay 21, 2007 Detailed Rules for Antimoney Laundering Investigations(for Trial Implementation)Chapter I General ProvisionsArticle 1 For the purposes of regulating the antimoney laundering investigation procedures, exercising the antimoney investigation functions, maintaining the legitimate rights and interests of citizens, legal persons and other organizations, these Detailed Rules are formulated in accordance with the Antimoney Laundering Law of the People39。s Bank of China and other relevant laws, administrative regulations and 2 These Detailed Rules shall apply to the investigations conducted by the People39。s Bank of China(PBOC)and its branch institutions at the provincial level into doubtful “branch institutions at the provincial level” as mentioned in these Detailed Rules includes the PBOC39。s Headquarters, Shanghai Headquarters, branches, business management departments, central subbranches in provincial capital cities and the central subbranches in cities at the deputyprovince 3 When conducting antimoney laundering investigations, the PBOC and its branch institutions at the provincial level shall observe the principle of lawfulness, reasonableness, efficiency and 4 When the PBOC or its branch institution at the provincial level conducts an antimoney laundering investigation, the financial institution shall be cooperative, shall faithfully provide the relevant documents and materials and shall not reject or hamper the antimoney laundering the financial institution or its personnel refuses or hampers the antimoney laundering investigation, refuse to provide the investigation materials or intentionally provide any false material, they shall be subject to the corresponding legal any investigator violates the prescribed procedures, the financial institution may refuse the 5 Where any functionary of the PBOC or of its branch institution at the provincial level conducts an antimoney laundering investigation or takes a temporary freezing measure in violation of pertinent provisions, he shall be given an administrative any crime is constituted, he shall be transferred to the judicial organ for criminal II Investigation Scope and JurisdictionArticle 6 If the People39。s Bank of China or its branch institution at the provincial level finds any of the following doubtful transactions and if it is necessary to verify it upon verification, if may conduct an antimoney laundering investigation in the financial institution: transaction reported by a financial institution under the relevant provisions。 transaction found through the supervision and administration of antimoney laundering。 transaction reported by a central subbranch of the PBOC in a prefecture or city at the prefecture level or subbranch of the PBOC in a county or city at the county level。 antimoney laundering transaction circulated through a notice by any other administrative organ or by the judicial organ。 transaction exposed by any entity or individual。 transaction known through a foreignrelated channel。or other doubtful transaction, which it is reasonable to think that it is necessary to investigate and 7 The People39。s Bank of China shall be responsible for organizing antimoney investigations into the following doubtful transactions: transaction, which is of nationwide significance, serious and plicated。 transaction, which is transprovincial, serious and plicate and it is difficult for the PBOC39。s branch institution at the provincial level to conduct an investigation。 doubtful transaction, which may have significant political, social or international influence。or doubtful transactions, which the PBOC deems necessary to 8 The PBOC39。s branch institutions at the provincial level shall be responsible for the antimoney laundering investigations into the doubtful transactions under their respective it is rather difficult for a branch institution of the PBOC at the provincial level to conduct an antimoney laundering investigation into a doubtful transaction under its jurisdiction, it may request the PBOC to do 9 When a branch institution of the PBOC at the provincial level conducts an antimoney laundering investigation, if it is necessary for any other branch institution of the PBOC at the provincial level to assist it with the investigation, it may fill out an Application for Assistance with the Antimoney Laundering Investigation(see Annex 1)and submit it to the PBOC for III Preparation for InvestigationArticle 10 When PBOC or its branch institution at the provincial level finds any doubtful transaction as mentioned in Article 6 of these Detailed Rules, it shall register it as the original material for antimoney laundering investigation, properly keep and turn it to the archives for 11 When the PBOC or its branch institution at the provincial level makes a preliminary examination over a doubtful transaction, if it deems it necessary to conduct an investigation for verification, it shall fill out a Form of Examination and Approval of Antimoney Laundering Investigation(see Annex 2)and submit it to the president(director)or deputy president(deputy director)in charge for 12 The PBOC or its branch institution at the provincial level shall form an investigation team before it conducts an antimoney laundering investigation team shall prise at least 2 members, each of whom shall hold a Law Enforcement Certificate of the People39。s Bank of investigation team shall have one head, who shall be responsible for organizing the antimoney laundering necessary, the personnel of a central subbranch of the PBOC in a prefecture or city at the prefecture level or subbranch of the PBOC in a county or city at the county level may be chosen and transferred to act as members of the investigation 13 Where any investigator has an interest in the party under investigation or in the doubtful transaction, if he may affect the impartiality of the investigation, he shall disquali
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