Central Bank: Strengthening Payment and Settlement Management to Prevent New Crimes in Telecommunication Network

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Central Bank: Strengthening Payment and Settlement Management to Prevent New Crimes in Telecommunication Network

        CCTV News: In order to effectively prevent new illegal crimes in telecommunications networks, the People’s Bank of China issued a notice on strengthening payment and settlement management on the evening of September 30:

        First, strengthen the management of real-name account system

        1 Since December 1, 2016, if a bank opens a bank settlement account for an individual, the same person can only open one Class I account in the same bank. If there are already Class I households, you can only open Class II or Class III households when you open a new account.

        If an individual has opened more than one Class I account in the same bank before November 30, 2016, the bank shall conduct a clean-up to verify the rationality of the account opening. If it is impossible to verify the rationality of opening an account, it is necessary to guide depositors to cancel or merge their accounts, or to reduce the category of accounts.

        In this article, the central bank specifically requires that if a bank charges off-site handling fees for off-site deposit and withdrawal, transfer and other services within the bank, it shall be free within three months from the date of promulgation of this notice.

        2. Since December 1, 2016, if a non-bank payment institution opens a payment account for an individual, the same person can only open a Class III account in the same payment institution.

        (2) Suspending the business of all accounts under the name of the account holder involved.

        Since January 1, 2017, if the bank account and payment account used by criminals to carry out new types of illegal crimes in the telecommunication network have been identified by the public security organs at or above the municipal level and included in the list of "accounts involved" in the risk event management platform for new types of illegal and criminal transactions in the telecommunication network, banks and payment institutions will suspend all business of the account.

        (3) establishing a disciplinary mechanism for buying and selling bank accounts and payment accounts, and opening accounts under false names.

        Since January 1, 2017, banks and payment institutions have suspended the non-counter business of bank accounts and all the business of payment accounts for five years, including units and individuals with bank cards or payment accounts and related organizers, and units and individuals who have opened bank accounts or payment accounts under the guise of others’ identities or fictitious agency relationships, which have been recognized by public security organs at or above the municipal level with districts. The People’s Bank of China will transfer the information of the above-mentioned units and individuals to the basic database of financial credit information and announce it to the public.

        (four) to strengthen the punishment of false accounts.

        When a bank handles the account opening business, it finds that an individual has opened an account by using someone else’s identity, and it shall report the case to the public security organ in time and hand over the identity certificate that has been used fraudulently to the public security organ.

        (5) Establish a prudent verification mechanism for unit account opening.

        Banks and payment institutions are not allowed to open accounts for units that are listed in the "list of serious illegal and untrustworthy enterprises" by the national enterprise credit information publicity system and verified by banks and payment institutions that the registered address of the unit does not exist or that the business premises are fictitious. Banks and payment institutions should check whether the enterprise is a serious illegal enterprise at least quarterly. If the situation is true, they should suspend their business within 3 months and gradually clean up.

        For an entity whose legal representative or responsible person is unclear about the business scale and business background of the entity, and whose registered place and business place are in different places, the bank shall personally sign with the legal representative or responsible person and keep the video and audio materials, etc. In principle, non-counter business will not be opened at the beginning of account opening.

        When a payment institution opens a payment account for a company, it shall require the company to provide relevant supporting documents and verify the identity of the customer.

        (6) Banks and payment institutions have the right to refuse to open an account under any of the following circumstances:

        1. There are doubts about the identity information of the units and individuals, and the units and individuals refuse to show their auxiliary certificates.

        2. Units and individuals organize others to open accounts at the same time or in batches.

        3. There are obvious reasons to suspect that opening an account is engaged in illegal and criminal activities.

        For accounts with no transaction records within 6 months from the date of opening an account, banks should suspend their off-counter business, payment institutions should suspend all their business, and banks and payment institutions can resume their business after re-verifying their identities with units and individuals.

        (seven) strictly contact the corresponding relationship between the telephone number and the ID number.

        Banks and payment institutions shall establish a one-to-one correspondence between the contact telephone number and the number of personal identity documents, and investigate and clean up the situation in which many people use the same contact telephone number to open and use accounts. For adults to represent minors or the elderly to open an account and reserve their own contact telephone number, the relevant parties can keep it unchanged after issuing instructions; If the unit opens an account in batches and reserves the contact telephone number of financial personnel, it shall be changed to the contact telephone number of the account owner himself; If the rationality cannot be proved, the non-counter business shall be suspended in the relevant bank account, and all business shall be suspended in the payment account.

        Second, strengthen transfer management

        (8) Since December 1, 2016, banks and payment institutions shall implement the following provisions when providing transfer services:

        1. Provide depositors with a variety of transfer methods, such as real-time account arrival, ordinary account arrival and next-day account arrival, and depositors can only handle business after selecting them.

        2. In addition to transferring money to my peer account, if an individual transfers money through a self-service teller machine, the issuing bank will handle the fund transfer 24 hours after accepting it. Within 24 hours after the issuing bank accepts the transfer, the individual may apply to the issuing bank for cancellation of the transfer. The accepting bank shall clearly indicate the processing time and revocable provisions of the transfer business in the acceptance result interface.

        3. If the bank handles the transfer business for individuals through self-service teller machines, it shall add Chinese voice prompts, and set anti-fraud reminders through words, signs, pop-ups and so on; The non-Chinese prompt interface shall provide Chinese prompts for core key fields such as fund transfer. If it is impossible to prompt, no transfer shall be provided.

        (9) Since December 1, 2016, when a bank opens a non-counter transfer business for depositors, it shall sign an agreement with depositors to stipulate the daily cumulative limit, the number of transactions and the annual cumulative limit of transfers from non-counter channels to different bank accounts and payment accounts. If the limit and the number of transactions are exceeded, it shall be handled at the bank counter.

        In addition to transferring money to my peers’ accounts, banks handle off-counter transfer business for individuals. If the accumulated amount in a single day exceeds 50,000 yuan, safe and reliable payment instruction verification methods such as digital certificates or electronic signatures shall be adopted. If the single-day cumulative amount of non-counter transfer in a bank account of a unit or individual exceeds 1 million yuan and 300,000 yuan respectively, the bank shall remind the unit or individual of the large transaction before the transfer can be made.

        (X) Since December 1, 2016, when a payment institution opens a payment account for a unit or individual, it shall sign an agreement with the unit or individual to stipulate the daily cumulative transfer limit and the number of transactions between the payment account and the payment account, and between the payment account and the bank account.

        (11) If banks and payment institutions find a large number of transfer-in and transfer-out transactions in their accounts, they shall investigate the transaction background. If any abnormality is found, the relevant services provided shall be adjusted according to the principle of prudence.

        (12) Banks and payment institutions shall not provide T+0 fund settlement services for special merchants who have been online for less than 90 days or have been trading normally for less than 30 consecutive days.

        Third, strengthen the management of bank card business

        (thirteen) strictly review the qualifications of special merchants and standardize the management of accepting terminals.

        No unit or individual may buy or sell POS machines (including MPOS), credit card readers and other acceptance terminals online. Banks and payment institutions shall conduct on-site inspections of all entity merchants, and stop business functions of accepting terminals that are illegally transferred and cannot confirm the actual place of use.

        (fourteen) to establish and improve the information management system and blacklist management mechanism of special merchants.

        China Payment and Clearing Association and bank card clearing institution shall establish and improve the blacklist management mechanism of special merchants, and blacklist the special merchants whose services have been terminated by banks and payment institutions due to major violations, their legal representatives or responsible persons, special merchants and related individuals identified by public security organs as facilitating the transfer of illegal and criminal activities, and units and individuals with trading accounts identified by public security organs.

        Fourth, strengthen the monitoring of suspicious transactions

        (15) When a payment institution cooperates with a bank to carry out payment or collection business in a bank account, it shall ensure the authenticity, integrity, traceability and consistency of the transaction information in the whole payment process, and shall not tamper with or conceal the transaction information, which shall be kept for at least 5 years. Banks and payment institutions shall complete the system transformation before March 31, 2017. If the transformation is not completed within the time limit, the relevant business shall be suspended.

        (16) If banks and payment institutions have the characteristics of suspicious transactions such as centralized transfer to decentralized transfer, they should be included in suspicious transactions. If the account is still considered suspicious after verification, the bank shall suspend the off-counter business of the account, and the payment institution shall suspend all business of the account, and submit suspicious transaction reports or key suspicious transaction reports in accordance with regulations; Anyone suspected of violating the law or committing a crime shall report to the local public security organ in time.

        (17) China Payment and Clearing Association and bank card clearing institution shall, according to the suspicious transactions provided by public security organs, banks and payment institutions, construct a suspicious transaction monitoring model and publish it to banks and payment institutions.

        Five, improve the emergency stop payment and quick freezing mechanism.

        (18) Before November 30, 2016, the payment institution shall straighten out its work flow of assisting the competent authority to inquire, stop payment, freeze and deduct; Realize the query of account information and transaction flow, as well as account stop payment, freezing and deduction; By the end of 2016, all of them will be connected to the new risk event management platform for illegal and criminal transactions in the telecommunications network.

        In addition, the People’s Bank of China also requires that the implementation of the responsibilities of banks and payment institutions should be investigated in case of new illegal and criminal cases involving telecommunication networks. In case of violation of relevant regulations and the provisions of this notice, if the circumstances are serious, the new account opening and payment business may be suspended for one month to six months. (CCTV reporter Wang Lei)

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