A few days ago, the People's Bank of China issued the "Notice on Strengthening Payment and Settlement Management to Prevent New Efforts Related to Telecommunication Network Crimes" (hereinafter referred to as the "Notice"). The relevant person in charge of the People's Bank of China answered questions from reporters on the relevant issues of the Notice.
1. What is the background of the "Notice"?
The new illegal crimes in the telecommunications network have seriously jeopardized the people's property security and legitimate rights and interests, and undermined social integrity and social order. It has become a major public hazard affecting the safety of the people and social harmony and stability. Since the inter-ministerial joint meeting of the State Council on combating the management of new types of criminal activities in the telecommunications network in October 2015, the crackdown on governance has achieved phased results since the launch of the special action in the country. However, the high incidence of new crimes in the telecommunications network has not been fundamentally curbed. The situation is still grim. In this regard, the Party Central Committee and the State Council have attached great importance to it, and the central leading comrades have separately issued important instructions. On September 7, the General Office of the State Council held a special meeting to study the work of cracking down on governance. On September 23, the State Council convened the third meeting of the Inter-Ministerial Joint Conference on Combating the New Crimes of Telecommunication Network and the In-depth Promotion of Specialized Action Video Teleconferences, which put forward new and higher requirements for further efforts to crack down on governance. On September 23, the Central Comprehensive Management Office and the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Industry and Information Technology, the Ministry of Public Security, the People's Bank of China and the China Banking Regulatory Commission issued the Notice on Preventing and Combating Telecommunication Network Fraud Crimes (hereinafter referred to as the Notice). ), make careful arrangements for combating governance.
In order to implement the spirit of the important instructions of the central leadership, the State Council's work deployment requirements and the "Notice", and in response to the new illegal crimes of the telecommunications network reflected by the public security organs, the People's Bank of China thoroughly analyzed the main problems in the payment link, and formulated the notice. To take effective measures to strengthen the account real name system, block the main channels for the transfer of new illegal criminal funds in the telecommunications network, strengthen the protection of personal payment information, and establish a long-term mechanism for personal fund protection, and build a security defense line for financial industry payment and settlement.
2. What measures have been taken and what has been done by the People’s Bank of China in combating the new crimes against telecommunications networks?
In accordance with the unified arrangements of the Party Central Committee and the State Council, the People's Bank of China, in conjunction with the division of responsibilities, fully cooperated with relevant departments to continuously increase the intensity of new crimes against telecommunications networks. In the early stage, it organized banking financial institutions (hereinafter referred to as banks) and non-bank payment institutions (hereinafter referred to as payment). Institutions) carry out a lot of work.
First, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the State Administration for Industry and Commerce will establish an emergency stop payment and rapid freeze mechanism for the accounts involved, and establish and operate a “new network criminal law risk event management platform for telecommunications networksâ€, which is conducive to public security organs using information technology to deal with the case. The account is used for emergency stop payment, fast freeze, quick inquiry, and closed business. As of September 20, 2016, there were 1,253 banks and 28 provincial and municipal public security agencies accessing the platform, with a total of 118,600 business transactions.
The second is to strengthen the security management of bank card information. Organized the inspection of environmental security and standard compliance of bank card acceptance terminals (POS machines) of banks, payment institutions and bank card clearing institutions, and strictly checked the illegal modification of terminals from personal information protection, transaction security, software and hardware security, etc. Information leakage, and from the source of control information leakage and prevention of risk transmission, urge relevant institutions to further improve the sensitive information protection capabilities of the payment business system, client software and the level of transaction risk prevention and control. At the same time, the organization carried out special inspections on the security of payment business systems, and comprehensively investigated the sensitive information and financial security risks of the above-mentioned institutions' payment service systems. Third, the Ministry of Industry and Information Technology, the Ministry of Public Security, the State Administration for Industry and Commerce, the China Banking Regulatory Commission and the National Internet Information Office organized a nationwide joint action to rectify illegally traded bank card information from September 2016 to April 2017.
The fourth is to strengthen the supervision of payment institutions. In conjunction with relevant departments, it will carry out special rectification work for payment institution risks, prevent payment institutions from providing payment and settlement services for new illegal criminal activities of telecommunication networks, and rectify illegal payment settlement business of unlicensed institutions.
Third, the "Notice" Why should we comprehensively promote the personal account classification management system?
The "Notice" stipulates that since December 1, 2016, the same person can only open a Class I household (for bank settlement accounts, including bank cards, the same below) in the same bank (in legal person, the same below) In the same payment institution, only one Class III household can be opened. Mainly based on the following considerations:
(1) Effectively curb trading accounts and counterfeiting accounts. According to the public security organs, in the new illegal criminal activities of the current telecommunications network, the bank accounts and payment accounts used by criminals to transfer fraud funds mainly come from two ways: First, the criminals directly purchase personally opened bank accounts and payment accounts. . The criminals tricked some people into selling their bank accounts and payment accounts, and some even organized individuals to go to the bank to open an account and sell them. Second, the criminals bought a resident ID card and impersonated or fictitious agency relationship to open an account. The criminals use the purchased resident ID card, disguise themselves as an account holder or fictitious agency relationship in the name of relatives and friends, open an account at a bank or open a payment account online.
(2) Strengthening the management of personal accounts by individuals. Due to the prevalence of a number of people in China, one share of one household, some banks also use the number of card issuance as an indicator of business performance. At the same time, individuals pay and pay for public utilities such as medical insurance, social insurance, pensions, and provident funds, often opening multiple bank accounts, resulting in individuals having a large number of unused accounts. As of the end of June 2016, China's personal bank settlement account was 7.786 billion, with 5.69 per capita. The excessive number of individual accounts has caused the individual to manage the account and its assets poorly, and pay insufficient attention to the account. It has hidden hidden dangers for the account opening, the impersonation account opening and the fictitious agency relationship, and also caused the waste of bank management resources and the long-term immobile account. It has also become a risk point inside the bank.
(3) Establish a personal account protection mechanism. In the context of the widespread use of Internet finance and modern communication technologies in the financial field, banks and payment institutions rely on the electronic channels such as the Internet to open accounts for individuals remotely, and the opening of accounts is becoming more and more convenient. On the other hand, the current disclosure of personal information in China, including bank card information, is frequent, and account fund theft due to bank card information leakage frequently occurs. In this case, it is imperative to establish a personal account protection mechanism to protect personal account information and financial security.
To this end, the People’s Bank of China has made relevant institutional arrangements. On April 1, 2016, the “Notice on Improving Personal Bank Account Services to Strengthen Account Management†(Yinfa [2015] No. 392) was officially implemented, and a personal bank account classification management mechanism was established. . According to the verification method and risk level of the identity information of the account holder, the personal bank settlement account is divided into categories I, II and III. Among them, Class I households are accounts that are currently opened at the bank counter and verified on the spot, and have full functions; Class II and III households are bank accounts opened through electronic channels such as bank counters or the Internet, and have limited functions. It needs to be used in conjunction with a class I account.
At the same time, on July 1, 2016, the People's Bank of China “Administrative Measures for Network Payment Services of Non-bank Payment Institutions†(People's Bank of China Announcement [2015] No. 43) was officially implemented, and a personal payment account classification management mechanism was established. Similarly, according to the verification method and risk level of the identity information of the account applicant, the personal payment account is divided into categories I, II and III. Among them, Class I households only need to verify identity information through one channel, the account opening convenience is the highest, account balance can be used for consumption and transfer, but the limit is low; II and III households need to verify identity information through at least three or five channels respectively. Or, by face-to-face verification of identity, with a higher balance payment limit; in addition to consumption and transfer, the balance of Class III households can also be used to purchase investment wealth management products.
Through the classification management system arrangement of personal bank accounts and payment accounts, the security and convenience of payment can be effectively taken into account. Individuals can better manage their accounts, allocate account usage and funds reasonably, and prevent financial risks.
4. How do individuals use the account classification management mechanism to reasonably arrange the use of bank accounts?
After the implementation of the Notice, individuals can better protect their information security and financial security. The bank settlement account used by individuals will form an account system with Class I households as the mainstay and II and III households as supplements.
Class I households are full-featured accounts, which can handle deposits, transfers, consumer contributions, and purchase of investment and wealth management products. The scope and amount of use are not limited. Individual wage income, large amount of money transfer, bank transfer, and payment and payment of medical insurance, social insurance, pensions, provident fund and other services should be handled through Class I households. Class II households need to be bundled with Class I households. The funds are from Class I households, and they can handle deposits, purchase bank investment wealth management products, and consume payment. Class III households are mainly used for small payments such as online payment and offline mobile payment, and can handle consumer payment.
The relationship between Class I bank accounts and Class II and Class III bank accounts is like the relationship between “cash box†and “walletâ€. Individual large sums of money can be stored in Class I households and handled through Class I households, while personal daily online payments, mobile payments, and other small, high-frequency payments are handled through Class II and III households.
At the same time, in view of the fact that an individual can only open a Class I household in a bank, in order to facilitate the production and living needs of individuals in different places, the "Notice" requires banks to charge the local bank for off-site access, transfer, etc. Free of charge within three months from the date of issuance of the notice to reduce personal payment costs.
The above-mentioned system design involves the adjustment and improvement of the previous related systems. To this end, the People's Bank of China will issue a notice in the near future to further the functions of Class II and III households as stipulated in the Notice on Improving Personal Bank Account Services and Strengthening Account Management. Clear and improved.
5. How to manage the bank settlement accounts that individuals have opened?
In order to reduce the impact on the public, the "Notice" mainly regulates the incremental accounts, that is, from December 1, 2016, individuals have opened Class I households in the same bank, and no new Class I households are opened. Only Class II and III households can be opened. Individuals who have opened Class I before December 1, 2016 are not affected by this regulation and remain in normal use.
In the process of investigating a new type of illegal crimes in the telecommunications network, the public security organs found that criminals usually open dozens or even hundreds of accounts in the same bank for an identity card, which greatly exceeds the normal demand for the number of individuals. At the same time, the bank also reflects the existence of a large number of long-term idle accounts in the banking system. In response to these problems, the Notice requires banks to investigate the situation in which multiple individuals of Class I are opened by the same individual before December 1, 2016, to verify the reasonableness of individuals opening multiple accounts. If the number of individual accounts is large, the bank should require individuals to make corresponding instructions. If the individual cannot explain the rationality, the bank should guide the individual to merge the redundant account, or take measures such as reducing the account category to help the individual to properly deposit funds and protect the security of the funds.
The smooth development of the above work is inseparable from the active cooperation of the majority of bank customers. We hope that according to their actual situation, some accounts that are idle or used less will be sold out, and some accounts mainly used for online payment or small high-frequency payment will be downgraded to Class II or Class III households. In this way, it can realize the centralized management of personal funds, and can prevent network payment risks through Class II and III households, and better protect their own funds. Of course, if an individual wishes to continue to use the existing Class I households in the existing way, they can still continue to use it without being affected, but if the quantity is large, the situation should be explained according to the bank's requirements.
6. What are the consequences of buying and selling accounts and fake accounts?
The real-name account system is a basic financial system arrangement and an important means of maintaining economic and financial order and even social order. As the supervision and management department of China's bank accounts and payment accounts, the People's Bank of China has continuously strengthened the real-name account system from various aspects such as system security, system construction, special governance and departmental cooperation. After years of hard work, China's account real-name system has made important progress, the account real-name system has been basically established, and the real-name account rate has been improved year by year, effectively protecting the legitimate rights and interests of the public and maintaining the normal order of economic and financial. Especially with the completion and operation of the "Networked Verification Citizenship Information System" jointly established by the People's Bank of China and the Ministry of Public Security in June 2007, as well as the promotion of the second-generation resident ID card and its identification equipment, the criminals forged the identity card to open an account. The situation has been effectively curbed.
The prominent problems reflected in the current account management of new telecommunication networks in telecommunications networks are mainly the trading accounts, impersonation accounts and fictitious agency relationships. One of the main reasons for these violations is that the disciplinary mechanism is imperfect, especially the lack of effective penalties for units and individuals. This has become a difficult point in the implementation of the real-name system of the current account. The legal liability of unit and individual bad account behavior is not clear, and the cost of non-compliance is low. Some individuals drive large amounts of bank accounts and payment accounts and profit from the sale of criminals. The criminals also purchase large amounts of accounts, impersonate accounts, and fiction. Acting relationship accounts, etc. are used to implement fraud.
In order to increase the illegal costs of criminals and related units and individuals, the "Notice" stipulates that from January 1, 2017, banks and payment institutions shall lease, lend, sell, and sell, at the municipal and above public security organs. Units and individuals who purchase bank accounts (including bank cards, the same below) or payment accounts, organize units and individuals who purchase, rent, lend, sell bank accounts or pay accounts, impersonate another person or fictitious agency relationship to open a bank account or pay The units and individuals of the account shall stop their bank accounts for non-counter business and all business of the payment account within 5 years, and shall not open new accounts for them within 3 years. At the same time, the People's Bank of China also transferred the above-mentioned unit and personal information to the basic database of financial credit information and announced it to the public. This measure will limit the opening of accounts for illegal units and individuals, limit their convenience in participating in social and economic activities, affect their credit reporting records, and increase the cost of non-compliance, which will have a powerful deterrent effect on criminals and illegal units and individuals. .
7. Why does the Notice “suspend†the business of all accounts under the name of the account holder?
According to the situation reflected by the public security organs, criminals usually use a personal identity card sold or lost by a personal account to open a large number of accounts for the implementation of new illegal crimes in the telecommunications network, disrupting the flow of funds through diversification of funds and rapid transfer, and obstructing public security organs. Tracing. In addition to the account involved, the criminals usually have a large number of accounts under the same account holder name. Once the account involved is frozen, they can continue to use other accounts to implement fraud. This poses a greater threat to the public and the account holder. Suspension of all accounts under the name of the account holder of the account involved can promptly block the criminals from continuing to transfer funds. On the other hand, this measure is also a kind of protection for individuals, reminding them that their identity has been used by criminals for illegal crimes. It is necessary to promptly confirm with the bank and stop using the relevant accounts to avoid violations of their rights or interests. Joint legal responsibility. To this end, the "Notice" stipulates that banks and payment institutions should notify the account holder to re-verify the identity of other accounts under the account holder's name. If the account holder fails to re-verify the identity of the account in the account opening account within 3 days, the bank shall suspend the non-counter business for all accounts under the account holder's name. The payment institution shall suspend the business for all accounts under the account holder's name and re-verify the identity. After that, the account usage returned to normal.
In order to reduce the impact on individuals who have been wronged by the criminals due to the loss of identity documents, the Notice retains the channels for individuals to conduct business through the bank counter, and the individual can resume the account after re-verifying the identity with the bank and the payment institution. At the same time, the "Notice" stipulates that if an individual confirms that an account has been opened for an account, the bank and the payment institution will issue a statement of fraudulent use of the account and agree to cancel the account.
In addition, according to the public security organs, after a large number of acquisition accounts and counterfeit accounts, some accounts will not be activated immediately. Under normal circumstances, individuals will usually be activated immediately after opening an account. Long-term use of accounts should be highly concerned as an abnormal situation. Therefore, the "Notice" stipulates that for accounts that have no transaction records within 6 months from the date of account opening, the bank shall suspend non-counter business, and the payment institution shall suspend all business. After the unit and individual re-identify the identity with the bank and the payment institution, To resume business.
8. Why does the Notice state that banks and payment institutions can refuse suspicious accounts?
According to the situation reflected by the public security organs and the banks, when the criminals impersonate others or fictitious agency relationships, they have certain characteristics and laws. If the bank staff strictly checks, they can effectively identify and block them to a certain extent. The current system is not clear that banks can refuse to open accounts for individuals. For some suspicious situations, banks and payment institutions often open accounts to reduce the complaint rate. To this end, according to the "Anti-Money Laundering Law of the People's Republic of China", "Personal Deposit Account Real Name System Regulations" (State Council Order No. 285), "People's Bank of China on Improving Personal Bank Account Services to Strengthen Account Management" and other current laws and regulations, The Notice clarifies that banks and payment institutions may refuse to open accounts in the abnormal circumstances specified, mainly including the refusal to show auxiliary documents to the bank when there is doubt about the identity of the unit and individual, to organize the opening of accounts with others, and to have obvious reasons to suspect that the account opening is used for illegal criminal activities. . The Notice strictly limits the circumstances in which an account can be refused to prevent banks and payment institutions from arbitrarily refusing to open an account and infringe on consumer rights.
9. Why does the “Notice†stipulate that the units that have been included in the “List of Seriously Unlawful and Untrustworthy Enterprises†by the industrial and commercial departments, and the units that have verified the address non-existent or fictitious business premises, banks and payment institutions may not open accounts for them?
The "serious list of illegal and untrustworthy enterprises" is the enterprise information constraint and credit correction mechanism established in the State Council's "Provisional Regulations on Enterprise Information Disclosure" (State Council Order No. 654). In order to implement the "Interim Regulations on Enterprise Information Disclosure" and the "Regulations on the Reform of Registered Capital Registration System" (Guo Fa [2014] No. 7 issued), the State Administration for Industry and Commerce promulgated and implemented the Interim Measures for the Administration of Lists of Serious Unlawful and Untrustworthy Enterprises (National Industry and Commerce) Order of the General Administration of Administration No. 83). According to the relevant provisions of the Interim Measures for the Administration of Lists of Seriously Unlawful and Untrustworthy Enterprises, enterprises listed by the administrative department for industry and commerce as “lists of serious illegal and untrustworthy enterprises†are the subjects that seriously violate the principle of good faith, damage the legitimate rights and interests of consumers, and undermine the normal market order. Is the main source of market risk.
In order to give play to the role of credit punishment, the Interim Measures for the Administration of Lists of Seriously Unlawful and Untrustworthy Enterprises requires that the administrative department for industry and commerce to interconnect and share information on the list of seriously illegal and untrustworthy enterprises with other government departments and implement joint punishment. The "Notice" stipulates that enterprises and banks that are included in the "serious list of illegal and untrustworthy enterprises" shall not open accounts for them, and cooperate with the administrative departments for industry and commerce to implement credit restrictions and joint punishment.
At the same time, the "Anti-Money Laundering Law of the People's Republic of China" stipulates that financial institutions may not provide services or conduct transactions with customers whose identity is unknown. "Administrative Measures for the Identification of Clients in Financial Institutions and the Protection of Customer Identity and Transaction Records" (Public Insurance Regulatory Commission of the China Banking Regulatory Commission) Order [2007] No. 2 clearly states that the “identity basic information†of the unit includes the customer's name, residence, business scope, etc. Therefore, units that verify that the registered address does not exist or fictitiously operate the place by the bank and the payment institution shall be deemed to be unidentified customers, and the bank and the payment institution have the right and obligation to refuse to open an account.
X. Why does the Notice emphasize the establishment of the correspondence between the telephone number and the ID number?
At present, with the use of mobile phone SMS verification code, SMS balance reminder and important notice notification, mobile phones have become an important means for banks and payment institutions to verify personal identity and protect personal funds. In the new illegal criminal activities of the telecommunications network, criminals often use the same mobile phone number as the reserved bank contact telephone number of multiple crime accounts in order to manipulate these accounts. Generally speaking, a mobile phone number is used by one person and should correspond to the same person's account. To this end, the "Notice" requires banks and payment institutions to establish a one-to-one correspondence between the account reservation telephone number and the personal identification number, and to check the case where a contact telephone number corresponds to multiple ID numbers. Considering the reality, when an adult opens an account for an elderly person or a child, he or she will reserve his/her own contact telephone number. The Notice specifically states that for a reasonable situation, a contact telephone number can correspond to multiple ID numbers after the situation is explained by the parties. If there is no reasonable situation, measures shall be taken to suspend the non-counter business of the bank account and suspend all business of the account.
It should be emphasized that in the actual situation, when the unit handles the salary card, social security card, medical insurance card, and provident fund card for the individual, the contact telephone number of the unit financial personnel may be reserved. In this case, the bank should clean up according to the requirements of the Notice and change it to the personal telephone number of the person.
XI. What is the consideration of the "Notice" for the payment institution to open a payment account for the unit to submit a higher real-name system audit request?
According to the public security organs, the current criminal accounts used by criminals for new types of illegal crimes in telecommunications networks have a tendency to transfer from individual accounts to unit accounts and from bank accounts to payment accounts. At the same time, the "Administrative Measures for Network Payment Services of Non-bank Payment Institutions" mainly puts forward specific management requirements for the real name of personal payment accounts, and the regulations on the management and use of unit payment accounts are not perfect. To this end, the "Notice" for the unit payment account further strengthens the customer identity verification measures, aimed at protecting the legitimate rights and interests of customers, preventing criminals from opening anonymous or pseudo-name units to engage in illegal activities such as money laundering, fraud, cash, terrorist financing. The "Notice" stipulates that when a payment institution opens a payment account for a unit customer, it can either verify the identity of the customer face-to-face by autonomous or entrusted partner institution, or remotely verify the identity of the customer through at least three external channels, and pay for the strengthening of the real-name system management. The organization provides a flexible choice of space, taking into account the development needs of e-commerce.
Considering that there are more customers in the stock account that have already opened the payment account, the Notice has set aside sufficient time for the payment institution to strengthen the real-name system management of the unit customer. In the next step, the People's Bank of China will continue to guide payment agencies to continuously strengthen the management of real-name payment accounts.
12. Why does the Notice provide a choice of transfer time?
In order to improve the efficiency of social capital turnover and enable units and individuals to enjoy efficient and convenient payment and settlement services, banks and payment institutions generally provide real-time transfer services to the accounts, but real-time arrivals are also fast for new criminals and other criminals in the telecommunications network. Transferring funds provides an opportunity to take advantage of. In order to ensure the normal fund transfer needs of units and individuals, and to maximize the security of units and individuals, and to better meet the needs of customers' multi-level payment services, the Notice requires banks and payment institutions to provide transfer services to units and Individuals can choose from a variety of ways, including real-time arrival, normal arrival, and next-day arrival. Units and individuals can choose the method and time of funds to be selected according to actual needs. For those who need funds urgently, they can choose to arrive in real time. For less urgent capital needs, you can choose ordinary arrival or the next day.
XIII. Why does the Notice adjust the personal ATM transfer to funds after 24 hours?
According to the public security organs, nearly half of the victims of the new telecommunication network crimes are deducted by the criminals, and they are transferred to the fraud account through the self-service teller machine (ATM, including other self-service devices with deposit and withdrawal functions, the same below). A large number of victims were unknowingly guided by lawless elements in the English interface of the self-service teller machine. Most of the victims will realize that they have been deceived in a short period of time after completing the transfer, but the funds have been transferred and immediately transferred by the criminals. In response to this situation, in order to maximize the blocking of fraudulent inducement of victims to transfer funds and realize the realization of funds, the Notice provides that, starting from December 1, 2016, in addition to transferring funds to their peer accounts, individuals transfer funds through the self-service teller machine. The issuing bank will handle the transfer of funds after 24 hours of acceptance, and the individual may apply to the issuing bank for cancellation of the transfer within 24 hours. This measure is a specific measure taken in a specific stage and in special circumstances, which helps to block funds before being transferred by fraudsters, but it does affect some people’s normal business, and may increase the bank to some extent. Counter workload. In this regard, we will fully consider the balance between payment security and convenience, and require banks and bank card clearing institutions to further actively study the technical measures to improve the safety of self-service teller machine transfer, and create conditions for the next timely adjustment of relevant policies.
The "Notice" also requires banks to add Chinese voice prompts in the transfer business of self-service teller machines, and set anti-fraud reminders through texts, logos, pop-ups, etc., and must provide Chinese prompts for core fields such as funds transfer in non-Chinese operation interface.
14. In what ways does the Notice strengthen the management of non-counter transfer?
Compared with the bank counter channel, non-counter channels such as online banking, mobile banking, telephone banking, and payment institution websites cannot contact the operator face to face, and it is difficult to confirm whether the actual operator of the account is the holder of the account. According to public security organs, new criminals in the telecommunications network often use a non-counter transfer method to quickly split large amounts of money and cross-border cross-border transfers after fraud. Although banks and payment institutions can find abnormal transfer transactions in time according to the anti-money laundering system, they lack the corresponding measures to block abnormal transactions beforehand. Therefore, the "Notice" requires banks to strengthen non-counter transfer management, requiring payment institutions to strengthen payment account transfer management, and adopted three management measures: First, taking into account security and convenience, requiring banks and payment institutions to agree with customers on payment limits and pens in advance. number. For non-same account transfer services handled by non-counter channels, banks and payment institutions shall make prior arrangements with the units and individuals for the limits and the number of pens. If the limit and the number of pens exceed the limit, the bank account transfer shall be handled at the bank counter, and the payment account shall be Not allowed to apply. Units can, according to their own business scale and transaction characteristics, individuals can agree on limits and pens with banks and payment institutions according to their trading habits. The second is to strengthen the security verification method. In addition to transferring funds to my counterpart bank account, the bank handles non-counter transfer business for individuals. If the accumulated amount exceeds 50,000 yuan in a single day, it shall adopt a secure and reliable payment instruction verification method such as digital certificate or electronic signature. The third is a large transaction reminder. If the unit or personal bank account is not more than 1 million yuan or 300,000 yuan on the non-counter transfer date, the bank shall make a large transaction reminder, and the unit and individual may confirm the transfer before it can remind the unit and individual to identify the potential transaction risk, and carefully A large amount of funds transfer decision.
While ensuring the normal transfer needs and efficiency of units and individuals, these three management measures are also conducive to blocking the use of non-counter transfers to transfer large amounts of funds, and theft of funds after the account information is leaked by criminals through non-counter transfers. It plays a preventive role and can more effectively protect the safety of funds of units and individuals.
15. What are the management measures proposed by the "Notice" for bank card receipt and online payment services?
In the business process of bank card receipt and online payment, some banks and payment institutions have problems such as lax qualification review of merchants, irregular management of acceptance terminals or network payment interfaces, and the use of payment services by banks and payment institutions for criminals. Criminal activities provide an opportunity to take advantage of. In order to standardize relevant business management and strengthen risk prevention, the "Notice" puts forward specific requirements for banks, payment institutions, China Payment and Clearing Association, bank card clearing institutions and other related units:
First, banks and payment institutions should strictly implement the regulations on bank card receipt and online payment related regulatory systems, and effectively fulfill the responsibilities of merchant qualification review, risk management, acceptance terminal and network payment interface management, and ensure that merchants are legally established and legally engaged in business activities. Regulations, to prevent false merchants from applying for acceptance of terminals or opening network payment interfaces, illegal use of mobile terminals, and illegal mobile terminals.
Second, in view of the bank card acceptance terminal belonging to financial services special equipment, its technical standard compliance and security protection level are directly related to customer information security, capital security and payment service market order. Online trading of bank card acceptance terminals may lead to non-compliance with technical standards. Terminals that have been illegally modified have entered the market, which in turn has led to risks such as information disclosure and theft of funds. Therefore, the "Notice" prohibits online trading of POS machines (including MPOS), card readers and other receiving terminals.
Third, banks and payment institutions must ensure that the acceptance terminals placed on merchants continue to meet the national, financial industry technical standards and related information security management requirements, and that the use of all terminals in the specified time will be used for illegal use of the machine. It is confirmed that the receiving terminal of the actual use place will stop the business function, and prevent the receiving terminal from flowing into the hands of the criminals for engaging in illegal activities.
16. What measures does the Notice take to strengthen suspicious transaction monitoring?
In order to effectively crack down on new types of illegal crimes in telecommunications networks, the Notice requires banks and payment institutions to strengthen the monitoring of accounts and their transactions, and to classify transactions that are diversified into a variety of suspicious features such as decentralized transfer, fast forward and fast forward, as suspicious transactions. .
For accounts listed as suspicious transactions, the bank and the payment institution shall verify the transaction with the unit or individual. If the account is still suspicious after verification, the bank shall suspend the non-counter business of the account, and the payment institution shall suspend all business of the account and follow the regulations. If a suspicious transaction report or a key suspicious transaction report is submitted, if it is suspected of illegal or criminal activities, it shall promptly report to the local public security organ.
17. What are the main hazards of the unlicensed institution's payment business?
In 2010, the People's Bank of China issued the “Measures for the Administration of Payment Services for Non-Financial Institutions†(People's Bank of China Order [2010] No. 2), established a business license and regulatory system for payment institutions, and provided a good policy for payment institutions to conduct business in compliance with laws and regulations. surroundings. However, there are still many organizations that carry out payment operations without permission. Compared with the requirements of the People's Bank of China for payment security, business compliance, information security, and anti-money laundering responsibilities, the payment business shall be carried out by unlicensed institutions, and shall not be bound by relevant regulatory requirements. Neglect. First, there is no threshold for expanding business, providing payment services for new illegal and illegal crimes, yellow gambling drugs, money laundering and other illegal and illegal merchants and customers. Second, consumer funds security lacks the necessary guarantees. In reality, there have been many incidents in which unlicensed institutions have misappropriated merchant settlement funds to “run the roadâ€. Third, it lacks the necessary security measures in technical facilities, terminal equipment, and customer information management. It is easy to cause risk information such as customer information disclosure, account information side-recording, and fake card theft. Fourth, there is no bottom line competition, which seriously disrupts the order of the payment service market.
In order to maintain economic and financial order, prevent payment risks, and protect the legitimate rights and interests of consumers, according to the "Guiding Opinions on Promoting the Healthy Development of Internet Finance" (Yinfa [2015] No. 221), "Implementation Plan for Special Remediation of Internet Financial Risks" (State Office) [2016] No. 21 issued), the People's Bank of China and 13 ministries and commissions formulated and issued the "Implementation Plan for the Special Rehabilitation Work of Non-bank Payment Institutions" (Yinfa [2016] No. 112 issued). The People's Bank of China will work closely with the local special rectification working groups and the public security, industry and commerce departments to effectively carry out the rectification of the unlicensed business payment business. The remediation measures include closing the transaction processing and fund settlement channels of unlicensed institutions, making announcements, public notices, and risk warnings on relevant information, conducting accountability investigations against illegal commercial banks and payment institutions, and investigating and handling unlicensed institutions according to law.
18. What kind of blacklist system has the "Notice" established?
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