Money laundering is an illegal and criminal act, and the state has been vigorously combating this criminal act. The so-called money laundering is the formal rationalization of illegal income by some criminals using some institutions through special means such as concealment and concealment. What happens if there are illegal anti money laundering laws and regulations? What are the penalties?
1. If a financial institution commits any of the following acts, the administrative department for Anti Money Laundering under the State Council or its authorized dispatched office at or above the level of a city divided into districts shall order it to make corrections within a time limit; If the circumstances are serious, it is suggested that the relevant financial supervision and regulation institutions order the financial institutions to impose disciplinary sanctions on the directors, senior managers and other persons directly responsible according to law:
(1) Failing to establish an anti money laundering internal control system in accordance with the provisions;
(2) Failing to establish a special anti money laundering institution or designate an internal institution to be responsible for anti money laundering in accordance with the provisions;
(3) Failing to carry out anti money laundering training for employees in accordance with regulations.
2. If a financial institution commits any of the following acts, the administrative department for Anti Money Laundering under the State Council or its authorized dispatched office at or above the level of a city divided into districts shall order it to make corrections within a time limit; If the circumstances are serious, a fine of not less than 200000 yuan but not more than 500000 yuan shall be imposed, and the directors, senior managers and other persons directly responsible shall be fined not less than 10000 yuan but not more than 50000 yuan:
(1) Failing to perform the obligation of customer identification in accordance with the provisions;
(2) Failing to keep the customer's identity information and transaction records in accordance with the regulations;
(3) Failing to submit large value transaction reports or suspicious transaction reports in accordance with regulations;
(4) Conducting transactions with unidentified customers or opening anonymous or pseudonymous accounts for customers;
(5) Divulging relevant information in violation of confidentiality provisions;
(6) Refusing or hindering anti money laundering inspection and investigation;
(7) Refusing to provide investigation materials or deliberately providing false materials. If a financial institution commits the act mentioned in the preceding paragraph, resulting in the consequences of money laundering, it shall be fined not less than 500000 yuan but not more than 5 million yuan, and the directors, senior managers and other persons directly responsible shall be fined not less than 50000 yuan but not more than 500000 yuan;
If the circumstances are particularly serious, the administrative department in charge of anti money laundering may suggest the relevant financial supervision and regulation institution to order it to suspend business for rectification or revoke its business license. For the directors, senior managers and other persons directly responsible of the financial institutions under the circumstances specified in the preceding two paragraphs, the competent administrative department of anti money laundering may suggest that the relevant financial supervision and regulation institutions order the financial institutions to give disciplinary sanctions according to law, or suggest that they be disqualified and prohibited from working in the relevant financial industry according to law.
3. If a financial institution violates the provisions on anti money laundering of financial institutions, the people's Bank of China or its branches above the central sub branch shall punish it in accordance with the provisions of Articles 31 and 32 of the anti money laundering law of the people's Republic of China; According to different situations, it is suggested that the China Banking Regulatory Commission, the China Securities Regulatory Commission or the China Insurance Regulatory Commission take the following measures:
(1) Order the financial institution to suspend business for rectification or revoke its business license;
(2) Cancel the qualifications of directors, senior managers and other persons directly responsible of financial institutions, and prohibit them from engaging in relevant work in the financial industry;
(3) Order the financial institution to impose disciplinary sanctions on the directors, senior managers and other persons directly responsible.
4. If a financial institution or a specific non-financial institution fails to immediately freeze the funds or other assets of terrorist organizations and terrorist personnel announced by the office of the state leading body for anti-terrorism work, the public security organ shall impose a fine of not less than 200000 yuan but not more than 500000 yuan, and the directors directly responsible Senior managers and other persons directly responsible shall be fined not more than 100000 yuan; If the circumstances are serious, he shall be fined not less than 500000 yuan, and the directors, senior managers and other persons directly responsible shall be fined not less than 100000 yuan but not more than 500000 yuan, and may also be detained for not less than five days but not more than 15 days.
2、 Consequences of citizens' violation of anti money laundering laws and regulations
1. [criminal liability for money laundering]
Article 191 of the criminal law: knowing that the proceeds from drug-related crimes, organized crimes of underworld nature, crimes of terrorist activities, crimes of smuggling, crimes of corruption and bribery, crimes of undermining financial management order and crimes of financial fraud and the proceeds generated therefrom, in order to cover up or conceal their source and nature, those who commit one of the following acts shall confiscate the proceeds from the above-mentioned crimes and the proceeds generated therefrom, He shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than 5% but not more than 20% of the amount of money laundering; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 5% but not more than 20% of the amount of money laundering:
(1) Provision of fund accounts;
(2) Assisting in converting property into cash, financial instruments or securities;
(3) Assisting in the transfer of funds through account transfer or other settlement methods;
(4) Assisting in remitting funds abroad;
(5) Concealing or concealing the source and nature of the proceeds of crime and their proceeds by other means. "
2. [criminal liability for the crime of concealing and concealing the proceeds of crime and the proceeds of crime]
Article 312 of the criminal law: Whoever knowingly harbours, transfers, purchases, sells on behalf of others or conceals or conceals by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
3. [criminal liability for the crime of harbouring, transferring and concealing drugs and drug stolen goods]
Article 349 of the criminal law: whoever harbors, transfers or conceals drugs or the proceeds of crime for criminals who smuggle, sell, transport or manufacture drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.
Article 356 of the criminal law: whoever has been sentenced for the crime of smuggling, trafficking, transporting, manufacturing or illegal possession of narcotic drugs and commits this crime shall be given a heavier punishment.
4. [criminal liability for the crime of financing terrorist activities]
Article 120 of the criminal law: whoever finances terrorist organizations or individuals carrying out terrorist activities, or finances terrorist training, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined or confiscated of property.
5. [criminal liability for crimes against financial management order]
Article 175 of the criminal law: Whoever, for the purpose of making profits from re lending, obtains credit funds from financial institutions and lends them to others at high interest, if the amount of illegal gains is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined not less than one time but not more than five times the illegal gains; If the amount involved is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined not less than one time but not more than five times his illegal gains.
Article 176 of the criminal law: Whoever illegally absorbs public deposits or absorbs public deposits in a disguised form, thereby disrupting financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than 20000 yuan but not more than 200000 yuan; If the amount involved is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan.
6. [criminal liability for financial fraud]
Article 192 of the criminal law: Whoever, for the purpose of illegal possession, illegally raises funds by fraud, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount involved is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan; If the amount involved is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property.
7. [criminal responsibility for organized crime of underworld nature]
Article 294 of the criminal law: whoever organizes or leads an organization of an underworld nature shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be sentenced to confiscation of property; Those who take an active part in it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and may also be fined or confiscated of property; Other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and may also be fined.
8. [criminal liability for CO crime of smuggling]
Article 156 of the criminal law: Whoever conspires with a smuggler to provide him with loans, funds, account numbers, invoices, certificates, or to provide him with transportation, storage, mailing or other convenience shall be punished as an accomplice in the crime of smuggling.
9. [criminal liability related to corruption and bribery]
Article 383 of the criminal law: (1) Whoever embezzles a relatively large amount or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined.
（2） If the amount of corruption is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined or confiscated of property.
（3） If the amount of embezzlement is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or sentenced to confiscation of property; If the amount is especially huge and causes especially heavy losses to the interests of the state and the people, he shall be sentenced to life imprisonment or death and confiscation of property.
Those who have repeatedly embezzled without treatment shall be punished according to the accumulated amount of embezzlement.
Whoever commits the crime of accepting bribes shall be punished in accordance with the provisions of the crime of corruption according to the amount of bribes and the circumstances. Whoever asks for bribes shall be given a heavier punishment.
10. [criminal liability related to the crime of impairing the management order of the company and enterprise]
Article 159 of the criminal law: any promoter or shareholder of a company who, in violation of the provisions of the company law, fails to deliver money or material objects or transfer property rights, makes false capital contributions, or withdraws his capital contributions after the establishment of the company, if the amount is huge, the consequences are serious, or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, It shall also, or shall only, impose a fine of not less than 2% but not more than 10% of the amount of false capital contributions or the amount of funds withdrawn.
11. [criminal liability related to the crime of endangering tax collection and management]
Article 159 of the criminal law: a taxpayer who, by deception or concealment, makes a false tax declaration or fails to declare, thus evading payment of a relatively large amount of tax and accounting for more than 10% of the amount of tax payable, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the amount involved is huge and accounts for more than 30% of the tax payable, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
12. [criminal liability related to the crime of disturbing market order]
Article 224 of the criminal law (contract fraud): Whoever, for the purpose of illegal possession, swindles the other party of property in the process of signing and performing a contract, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the amount involved is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount involved is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or sentenced to confiscation of property:
（1） Signing a contract in the name of a fictitious unit or in the name of another person;
(II)