Questionnaire On Prevention of Money Laundering And Terrorist Financing

According to the Law of the People’s Republic of China on Anti-Money Laundering and the Rules for Anti-Money Laundering by Financial Institutions, the Bank has established and improved its internal control system of AML/CFT including KYC or Customer Due Diligence. Now the Bank shows you as following:

 

Slogan for China Eximbank ‘Compliance on AML/CFT is My Responsibility’

 

1 Background information

A  Legal name of institution: The Export-Import Bank of China (China Exim bank)
B  Institution’s physical address: No.30, Fu Xing Men Nei Street, Xi Cheng District, Beijing, China. 100031
C  WEB address:www.eximbank.gov.cn
    SWIFT code:EIBCCNBJXXX
 Registration number:100000000016442
  License number:A0003H111000001
    TAX IDENTIFICATION:110108100016448
    Employee:1622+266
E   Branches and subsidiaries:
     Beijing Branch
     Shanghai Branch 
     Shenzhen Branch
     Jiangsu Branch
     Liaoning Branch 
     Sichuan Branch 
     Shandong Branch
     Zhejiang Branch
      Hunan Branch
     Chongqing Branch
     Shanxi Branch 
      Hubei Branch
      Heilongjiang Branch 
      Guangdong Branch
      Yunnan Branch 
      Ningbo Branch 
      Fujian Branch 
      Anhui Branch
      Xinjiang Branch
      Xiamen Branch
      Tianjin Branch
  Jiangxi Branch
  Pairs Branch
      Representative Offices
      Saint Petersburg Rep. Office 
      Rep. Office for Southern and Eastern Africa?
F    Contact name:Daijing
     TEL: +86-10-63693019
     Fax: +86-10-63693004
     Email:daijing@eximbank.gov.cn

 

2 Ownership Structure

A  Are you publicly owned? No 
    If no, what about your institution?
    The Bank is solely owned by the Chinese government (i.e. a state policy financial institution).
B  Are you listed on any stock exchange? No 
    If so, which?
    If no, please attach a list of the beneficial owners# of the bank (including their nominees, if their shares are held by nominees) who own, control or have power to vote for 20 percent or more of any class of voting securities or other voting interests; or of the 10 largest shareholders if no owner has more than 20%. 
    #A beneficial owner is defined as a natural person who ultimately owns or controls a customer or the person on whose behalf a transaction is being conducted and includes the person who exercises ultimate effective control over a body corporate or unincorporated.
C  Are there any Politically Exposed Persons# among your institution’s ownership structure and executive management? No If yes, please provide details. 
    #Politically Exposed Persons--PEPs are individuals who are or have been entrusted with prominent public functions, for example Heads of State of government, senior politicians, senior government, judicial or military officials, senior executives of state owned corporations, important political party officials, or their family members or close associates. The definition is not intended to cover middle ranking or more junior individuals in the foregoing categories (of TATF Forty Recommendations)

 Name, title and contract number of the senior executives on the ML/FT risk management:

 

name Title Telephone number Email address
Li Yafen General manger +86-10-83578845 Liyafen@eximbank.gov.cn
Daijing Director  +86-10-63693019 daijing@eximbank.gov.cn

 


3 Business Activities

A  Principal types of financial products and services: 
    Providing export credit and import credit;
    Providing loans for overseas construction contracts and overseas investment projects;
    Providing Chinese Government Concessionary loans;
    Offering international guarantee;
    Onlending loans extended by foreign governments and financial institutions;
    Handling international and domestic settlement and corporate deposit under loan facilities provided by the Bank;
    Raising funds in domestic and overseas capital markets and money markets;
    Conducting international inter-bank loans, organizing or participating in international and domestic syndicated loans;
    Renminbi inter-bank borrowing and lending and bond repurchases;
    Foreign exchange dealings on the bank's own and approved foreign exchange dealings for clients;
    Creditworthiness investigation, consultation, evaluation and witness services that are relevant to the Bank’s business;
    Other business approved or entrusted. 
B  Primary Customer Segments or Financial Business: 
    Non-Individual customers/Financial institution customers
    Wholesale Banking 
C  Does your institution provide services to off-shore banks, inter-net banks and banks located in high-risk area? No 

 

4 Regulatory Status

A  Primary regulatory body and the jurisdiction of licensing authority: 
    Anti-Money Laundering Bureau of the People’s Bank of China
    Anti-Money Laundering Monitoring and Analysis Center of China
    China Banking Regulatory Commission (CBRC) 
B  Regulatory authority responsible for Anti-Money Laundering supervision of institution: 
    Anti-Money Laundering Bureau of the People’s Bank of China
    Anti-Money Laundering Monitoring and Analysis Center of China.
C  Name of external auditors:
    Anti-Money Laundering Bureau of the People’s Bank of China

    China Banking Regulatory Commission (CBRC)

5 Non Shell Bank Arrangements

A  Does your institution conduct with a shell bank#? No

B  Kindly provide confirmation that no business will be conducted with a shell bank. 
    #Shell Bank means a bank incorporated in a jurisdiction which it has no physical presence and which is unaffiliated with a regulated financial group (cf. FATF Forty Recommendations).
     Not to provide service to or have trade with any client, especially the financial institution without physical presence and out of the regulated financial group, who cannot clarify his identity or establish any anonymous or pseudonymous account.

 

6  Laws and Regulations

A  Is your institution subject to laws and regulations against money laundering and terrorist financing? Yes 
B  The major laws or regulations enacted against money laundering and terrorist financing in your country. 
    The Laws of the People’s Republic of China on Anti-Money laundering
    The Rules for Anti-Money Laundering by Financial Institutions
    The Administrative Rules for clients due diligence and clients' identity materials and transactional records
    The Administrative Rules for the Reporting of Large-value and Suspicious Payment Transactions
    The Administrative Rules for Reporting of Suspicious Transactions relevant to terrorist finance
    The Administrative Rules for Bank Account Management
    The Administrative Rules for Domestic Foreign Currency Accounts
    The Administrative Rules for Overseas Foreign Currency Accounts
C  International standards and guidelines relevant to the Bank
    FATF Recommendations (40+9)
    Basel
    OFAC

 

7 AML/CFT Controls

Does your AML/CFT Controls apply to your domestic and foreign branches and subsidiaries? Yes 
    To establish and improve its internal control system of AML/CFT including KYC or Large-value and Suspicious Transactions Reporting according to the Law of the People's Republic of China on Anti-money Laundering, the Rules for Anti-Money Laundering by Financial Institutions and its Bank's Administrative Rules on AML/CFT.
    To set up a special institution (AML Office) to take charge of the effective implementation of its internal control system on AML/CFT.
Know Your Customers (KYC)
A  Please describe your institution's KYC policies and procedures.
    To require the client to show its authentic and effective identity certificate or any other identity certification document and make relevant verification and registration, establishing any business relationship with a client or provide such one-off financial services as remittance, conversion and bill payment beyond the prescribed amount.
     To make verification and registration of the identity certificates or any other identity certification documents of the agent and the principal, if a client entrusts an agent to handle the transaction on its/his behalf. ????To make verification and registration of the identity certificate or any our other identity certification document of the beneficiary as well, if the contractual beneficiary is not the client himself, establishing a business relationship of international guarantee or international trade financing with client.
     To check out the client's identity again for any doubt about the authenticity or effectiveness or completeness of any client's identity documents.
     To assess client's money laudering risk level. ????To pay more attention to higher risk customers or activities.
     To guarantee that the third party has adopted the measures on KYC as required by the applicable Law, if a third party identifies the identity of our clients.
    To bear the liabilities for its failure to perform the obligation of clarifying the client's identity, if any third party fails to adopt the measures as prescribed by the present Law.
    To verify the relevant identity information with such departments as the public security institution and the administrative department for industry and commerce(if necessary).
B  Does your institution open/maintain accounts for customers who are not identified (anonymous accounts)? No 
C  Does your institution ensure that its credit/financial institution customers have adequate AML/CFT and KYC procedures in place? Yes 
    Why so?
    To follow the policies and procedures on Financial Customer Due Diligence in a timely manner, especially prior to setting up the relationship with a new counterparty. 
D  Does your institution allow third parties to directly or indirectly use your accounts with any bank? No 
    If yes, please indicate:
    The names and addresses of third parties;
    Whether your institution has formally identified these third parties
    How your institution performs the ongoing monitoring of the activities of these third parties.
Record Keeping
A  Has your institution established a preservation system for its clients' identity materials and transactional records? Yes 
    If not, when do you propose to do?
B  Does your institution update and keep any client's identity material that changes in a timely manner, during the existence of business relationship? Yes 
C  How many years does your institution keep the relevant documents and records of identification and transaction? At least 5 years
Monitoring and Reporting
A  Does your institution have a monitoring and reporting IT system on the large-sum and suspicious activities/transactions? Yes 
 Please describe your policies and procedures on recognizing and reporting suspicious activities/transactions.
    To be alert to unusual or suspicious transactions or other activities that appear not to make good business or investment sense, or activities that appear to be inconsistent with the counterparty or customer’s expected activity, including activities that may be indicative of criminal conduct, terrorism or corruption.
    To establish and follow the policies and procedures requiring the relevant employees to refer promptly any suspicious activity to AML Compliance Office of Internal Control & Compliance Department by the Bank’s IT system on AML/CFT.
    To set up and follow the policies and procedures requiring AML Compliance Officer of Internal Control & Compliance Department to report the suspicious transactions to Anti-Money Laundering Monitoring and Analysis Center of China by the Bank’s IT system on AML/CFT.
    To build and follow the policies and procedures requiring the Leadership Group of Head Office on AML/CFT to assess and determine whether a transaction suspected of AML/CTF should be filed with the regulators and the public security institution.
    To co-operate fully with law enforcement authorities in investigations concerning possible ML/TF within the confines of applicable laws.
    To be alert not to provide any information to any person suspected of illegal activity regarding suspicion or inquiry on his/her account or transaction or any indication of being reported to the regulators.
C  Does your institution search your customer account database for terrorist names? Yes 
    If yes, please indicate what list of names is used.
    OFAC 
    United Nations 
    European Union 
D  Does your institution filter your international telegraphic transfers (e.g. international wire transfers) for terrorist names? Yes 
    If yes, please indicate what list of names is used.
    OFAC 
    United Nations 
    European Union 
Awareness raising and training
A  Does your institution have an employee-training program for prevention of money laundering and terrorist financing requiring all the staff to undertake training? Yes 
    If so, how frequently? Twice a year
B  Content and trainee: 
    To make all management and staff aware of what is expected of them to prevent money laundering or terrorist financing and to advise them of the consequences for them and for the Bank, if they fall short of that expectation.
    To provide initial and annual update training for all appropriate personnel, including all personnel who set up and manage customer account opening or transactions, correspondent relationships, and/or are involved in trade finance activity.
    To sign a memorandum confirming that all management and staff have read and understood the Bank’s AML/KYC policies and procedures. 
Independent Auditing
A  Does your institution have the policies and procedures for independent auditing or testing the adequacy of your AML/CFT compliance? Yes 
    If so, who do? And how frequently? By Auditing Department of Head Office, quarterly.
Reputation and Punishment
Has your institution been sanctioned or penalized for failing to comply with relevant domestic AML/CFT laws or regulations or with AML/CFT laws or regulations of any other country in the past five years? No 
B Punishment on out-of-compliance on AML/ CFT:
   To be treated as a disciplinary issue, failing to abide by the policies and procedures set by the Bank to prevent money laundering and terrorist financing.
   To be viewed as gross misconduct for any deliberate breach. This could lead to termination of employment and could also result in criminal prosecution and imprisonment for the member of management and staff concerned.     To be fined by 500,000 Yuan up to 5,000,000 Yuan for the financial institution, and by 50,000 Yuan up to 500,000 Yuan upon its person concerned according to the Law of the People’s Republic of China on Anti-Money Laundering.

 

8 Certification

Questionnaire completed by (duly authorized AML Compliance officer of institution) 
Name: daijing
Location: AML Compliance Office of Internal Control & Compliance Department 
Title: Director
Signature: 
Date: