The Study On Legal Supervion On Anti-Money Laudering Of Cross-Border Two-way RMB Cash Pool Business In Free Trade Pilot Zone

In order to alleviate the contradiction between capital project control and the cross-border orderly flow of large RMB funds,China has conducted a free trade pilot zone as the carrier,and the pilot cross-border two-way RMB cash pool business from the end of 2013.According to the research of the financial action task force(FATF),the relatively relaxed regulatory environment and innovative incentive measures of the free trade zone are also vulnerable to the risk of money laundering while attracting legitimate businesses.Cross-border two-way cash pool business existing business model,the organizer,the financial agent,source of funds,technology,innovation,risk and so on six money laundering risk points,and at the regulatory level,faces low efficiency of the absence of self-contained complete laws and regulations,law enforcement,financial institutions lack of internal control and insufficient international cooperation four aspects.The cross-border two-way RMB cash pool business is analyzed from the main characteristics,similar to the European and American physical cash pool business.Countries represented by America and Britain,put the cash pool money laundering as a whole under financial anti-money laundering regulations,using the financial anti-money laundering laws and regulations as the backing for financial institutions supervision,and require the pool business entity anti-money laundering obligations in full.At the same time,through the international cooperation between financial anti-money laundering,effectively curb the cash pool of money laundering.To control the risk of money-laundering in the cross-border two-way RMB cash pool business in China and to break through the effective plan of anti-money laundering dilemma is to improve the anti-money laundering legal supervision system.First of all,with reference to the international experience will pool anti-money laundering supervision on financial anti-money laundering regulatory category,promote the anti-money laundering law involved in the pool of the operability of anti-money laundering supervision provisions,and formulate special cross-border two-way cash pool regulatory administrative regulations and other normative documents effectiveness hierarchy.Secondly,on the basis of legislation,set up a free trade pilot zone financial anti-money laundering joint meeting mechanism and supervision and law enforcement,give full play to the functions of the central bank,long-term supervision and monitoring risk link pool business itself.Thirdly,to make sure the banking financial institutions in anti-money laundering money of cash poolin the process of the special rights and obligations,on the one hand,as an opportunity to improve the anti-money laundering incentive mechanism,stimulate Banks as the main body of the anti-money laundering obligations;Urged further strengthening money laundering risk internal control on the other hand,constant pool business procedure strictly,focus on corporate account money laundering risk,improve the level of professional staff and business systems.Finally,to actively participate in multiple levels of the international financial anti-money laundering cooperation,explore for illegal money into system between countries,promote the illegal money to provide the assistance of busting money launderers,host countries to recover lost overseas.