Anti-money laundering bill casts net wider By Sun Shangwu (China Daily) Updated: 2006-04-26 08:46
A draft bill to combat money laundering widens the scope of the proposed law
from financial institutions to realtors, law and accounting firms and
jewellers.
The draft law on anti-money laundering, which was yesterday
submitted to the Standing Committee of the National People's Congress (NPC) for
examination, says financial as well as non-financial organizations should
shoulder the responsibility of "controlling and monitoring."
Money
laundering refers to the practice of moving illegally acquired cash through
financial and other systems so that it appears to be legally
acquired.
Financial institutions such as banks, insurers, and securities
and futures firms are usually considered the frontline in the war against
illicit money movements. But the draft law aims to choke off as many channels as
possible to fight the scourge and associated crimes such as smuggling, drug
trafficking and bribery.
The draft law stipulates that real-estate, law,
accountancy, pawnshop and jewellery firms establish mechanisms to combat money
laundering and professional training provided to their staff.
They are
also required to establish the identities of customers, ascertain the exact
source of capital and probe the true purpose of transactions. Large and
suspicious transactions have to be reported to the anti-money laundering
monitoring centre set up two years ago.
Yi Xianrong, a finance researcher
with the Chinese Academy of Social Sciences, told China Daily yesterday that the
stipulations would add more teeth to the law because they cover almost all
possible sectors which could involve money laundering.
All companies, no
matter their business, should monitor and stop money laundering, said
Yi.
An important function of the draft law is to "cut financing channels
for terrorists" in the country, said Feng Shuping, deputy director of the
Budgetary Work Commission of the NPC Standing Committee.
While the draft
law focuses on monitoring and preventing money laundering, the penalties will be
spelt out in the Criminal Law, Feng said.
The draft law also covers
international co-operation in fighting the menace significant against the
backdrop of several cases of officials embezzling and laundering money
overseas.
Last year, China joined the Financial Action Task Force on
Anti-Money Laundering as an observer. The NPC Standing Committee started
a five-day session yesterday to examine a package of laws and international
conventions, including draft amendments to the Partnership Law.
The draft
amendment on partnership firms is expected to boost venture capital in
high-tech enterprises, according to Yan Yixun, vice-chairman of the Financial
and Economic Affairs Committee of the NPC.
Establishing limited liability
partnerships will help promote the development of professional services, such as
accounting and legal firms, according to Yan.
Members of NPC Standing
Committee will also examine the draft law on safety and quality of agricultural
products, the draft law on passports and amendments to the Criminal
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