Overseas Network, March 28 According to the official website of the People's Bank of China, the People's Bank of China recently issued the "Notice on Further Strengthening Payment and Settlement Management and Preventing New Types of Illegal and Crime in Telecom Networks" (Yinfa [2019] No. 85, hereinafter referred to as the "Notice"), and the relevant person in charge of the People's Bank of China answered reporters' questions on the "Notice".
1. What is the background of the issuance of the "Notice"?
Answer: The new type of telecommunications network crime seriously endangers the property safety and legitimate rights and interests of the people, damages social integrity and social order, and is a major public hazard affecting the safety of the people and social harmony and stability. In this regard, the Party Central Committee and the State Council attached great importance to this, and the central leaders have made important instructions and instructions on many occasions. In order to implement the spirit of the important instructions and instructions of the central leadership and the work deployment requirements of the State Council, in recent years, relevant departments have strengthened cooperation and worked closely together to increase efforts to combat and prevent new types of illegal and criminal acts in telecommunications networks, and achieved phased results. In September 2016, the People's Bank of China issued the "Notice of the People's Bank of China on Strengthening Payment and Settlement Management and Preventing New Illegal and Crimes of Telecom Networks" (Yinfa [2016] No. 261, hereinafter referred to as Document No. 261), effectively strengthening payment and settlement management, building a security line of payment and settlement in the financial industry, and playing an important role in combating and controlling new types of telecom network crimes.
Although the joint efforts of all departments have achieved phased results in combating and controlling new types of illegal and criminal cases of telecommunications networks, the current trend of high incidence of new types of illegal and criminal cases of telecommunications networks has not been fundamentally effectively curbed, and new situations and problems have emerged in the fraud methods and capital transfer of new types of illegal and criminal cases of telecommunications networks. On November 29, 2018, the State Council held a national teleconference on combating and controlling new types of illegal and criminal activities of telecommunications networks, and made another arrangement on combating and controlling new types of illegal and criminal activities of telecommunications networks, requiring further efforts to combat and control new types of illegal and criminal activities of telecommunications networks. In order to implement the spirit of this meeting, the People's Bank of China has studied and formulated the "Notice", and proposed 21 measures in response to the current new situation, new requirements and new situations facing the fight against and control of new types of illegal and illegal crimes in telecommunications networks, from improving the emergency payment stop and rapid freezing mechanism, strengthening the management of real-name accounts, strengthening transfer management, strengthening the management of special merchants and acceptance terminals, extensive publicity and education, and implementing the accountability mechanism, to further strengthen the security line of payment and settlement in the financial industry.
2. Why should the "Notice" strengthen the management of unit payment accounts?
Answer: A large number of new types of illegal and criminal cases in telecommunications networks reflect that the current accounts used by criminals to transfer fraudulent funds are transferred from bank accounts to payment accounts, especially unit payment accounts. Some non-bank payment institutions also have problems such as inadequate real-name review of unit payment accounts and irregular use, which are easily exploited by criminals. To this end, the "Notice" further strengthens the management of unit payment accounts from three aspects. First, when opening a payment account for the unit, the payment institution shall strictly review the authenticity, completeness and compliance of the unit’s account opening certificate, the consistency between the applicant for the account opening certificate and the person to which the account opening certificate belongs, and verify the account opening intention with the legal representative or person in charge of the unit, and retain relevant work records. Payment institutions can verify the account opening intention with the legal representative or person in charge of the unit through face-to-face, video, etc., and the specific method shall be selected by the payment institutions based on customer risk rating. Second, payment institutions are required to complete the verification of the implementation of the real-name system for existing unit payment accounts in accordance with the above requirements before June 30, 2019. Third, payment institutions are required to reasonably set and dynamically adjust the total payment limit for all payment accounts of the same unit based on the unit's customer risk rating. Limit the total amount of payment for all payment accounts in the same unit.
3. What strengthening management measures should be taken by the "Notice" for the purchase and sale of accounts?
Answer: At present, some units and individuals still do not understand the legal responsibilities of illegal buying, selling, renting, and lending accounts and their harms, and illegally renting, lending, selling bank accounts and payment accounts to criminals for profit. Using transaction accounts to transfer fraudulent funds has become a prominent problem in the current new types of illegal crimes in telecommunications networks.In order to make the public clearly understand the legal responsibilities of illegal transactions, rentals, and lending accounts, and increase the punishment for violations such as transactions of accounts, the "Notice" requires: First, establish a commitment mechanism for legal opening and use of accounts. When banks and payment institutions open an account for customers, they shall inform customers of the relevant legal responsibilities and punishment measures for renting, lending, selling, and purchasing accounts in the account opening application form, service agreement or account opening application information, and state the following statement: "I (unit) fully understands and clearly knows the relevant legal responsibilities and punishment measures for renting, lending, selling, and purchasing accounts, and promises to open and use my (unit) account in accordance with the law and regulations." The customer will confirm it. The second is to increase the punishment for violations such as buying and selling accounts. Document No. 261 stipulates that "banks and payment institutions shall stop their non-counter business and payment accounts of bank accounts (including bank cards, the same below) or payment accounts recognized by the public security organs, and shall not open new accounts for units and individuals that impersonate others' identities or make up agency relationships to open bank accounts or payment accounts within 5 years." In order to further increase the punishment for violations such as buying and selling accounts, increase the cost of violations, and create a strong deterrent to violations, the "Notice" adjusted the punishment measures to "suspend all non-counter business of their bank account and payment accounts within 5 years, and no new accounts may be opened for them."
4. Why should the self-service teller machine transfer management policy be adjusted?
Answer: Document No. 261 stipulates that in addition to transferring money to your own account, if an individual transfers money through a self-service teller machine (ATM, including other self-service equipment with deposit and withdrawal functions, the same below), the issuing bank shall apply for funds transfer 24 hours after acceptance. When the document was issued, nearly half of the victims of the new type of illegal crimes in telecommunications network were transferred to fraudulent accounts through self-service teller machines under the lure of criminals, and a large number of victims were guided by criminals to transfer money in the English interface of self-service teller machines without knowing it. In response to this situation, in order to protect the safety of people's property and to buy time to recover funds, Document No. 261 has taken temporary measures to allow personal self-service teller machine transfer funds to arrive in 24 hours. This regulation effectively blocks the criminal act of criminals luring victims to transfer funds into fraudulent accounts through self-help teller machines. At the same time, this measure has also affected the customer experience of transferring money normally with self-service teller machines to a certain extent.
At present, the channels for criminals to transfer fraud funds have undergone great changes, and the number of frauds through self-service teller machines is already very small. At the same time, the bank's self-service teller equipment has basically been transformed. Chinese voice prompts have been added to the transfer business. Anti-fraud reminders have been set up through text, logos, pop-ups, etc. The non-Chinese prompt interface can provide Chinese prompts for core key fields such as fund transfer, and the anti-fraud function has been greatly improved. Against this background, many banks have called for appropriate adjustments to the self-service teller machine transfer management policies to meet the real-time transfer needs of normal customers. On the basis of taking into account safety and convenience, in business of the public security department, the "Notice" has made appropriate adjustments to the self-service teller machine transfer management policy, that is, when handling business for individuals through self-service teller machines, the payee's name, account number, and transfer amount can be displayed in Chinese in the transfer acceptance interface (including foreign language interface) (the name should be desensitized), and the business will be clearly reminded in Chinese to arrive in real time and the customer will confirm it. If the above requirements are met, the regulations on the transfer of self-service teller machines will no longer be implemented.
5. What management measures does the "Notice" propose for special merchants and acceptance terminals?
Answer: Many new types of illegal and criminal cases of telecommunications networks reflect that some banks and payment institutions have problems such as lax review of special merchant qualifications, untrue registration information, and inconsistent with the actual business address. Some machines have even been moved abroad to use the payment services of banks and payment institutions to engage in illegal and criminal activities, and also increase the difficulty of handling cases by public security organs.
In this regard, the "Notice" standardizes the management requirements for special merchants and acceptance terminals:
First, strictly review special merchants. acquisition agency is required to strictly review the application information of special merchants in accordance with regulations, and take effective measures to verify the authenticity and legality of their business activities. It is not allowed to provide collection services to the special merchants based solely on the ID card of the main person in charge of the special merchants. At the same time, the China Payment and Clearing Association or the bank card clearing agency's special merchant information management system will be used to check the status of its contract signing and replacing the acquiring agency and the blacklist information. For abnormal situations such as frequent replacement of the same special merchant, be cautious about expanding it into a special merchant. Units on the blacklist and units where relevant individuals serve as legal representatives or persons in charge shall not be expanded into special merchants; those who have been expanded into special merchants shall be cleared within 10 days from the date of their blacklist.
The second is to strictly accept terminal management. When the acquiring agency is required to install a movable bank card and barcode payment acceptance terminal (hereinafter referred to as a mobile acceptance terminal) for a special merchant, the region of use of the acceptance terminal shall be limited in light of the merchant's business address. Continue to carry out real-time monitoring of the location of the mobile acceptance terminal, and record transaction location information one by one. For transactions that cannot be monitored or do not match the merchant’s business address, the processing of fund settlement will be suspended and the acceptance equipment will be immediately verified; if there are any violations such as moving the machine, the receipt service will be stopped and the acceptance equipment will be collected. For acceptance terminals or collection codes that have not occurred within three consecutive months, the collection agency is required to re-verify the identity of the special merchant and stop providing collection services to them if they cannot be verified. For acceptance terminals or payment codes that have not occurred within 12 consecutive months, payment service will be stopped.
The third is to strengthen risk monitoring of the acquisition business. Acquisition agencies and clearing agencies are required to continuously monitor and analyze transaction amount, number of transactions, type, time, frequency and payees and payees, and improve the suspicious transaction monitoring model. If abnormal situations are found, measures such as delaying fund settlement, setting collection limits, suspending bank card transactions, and recovering acceptance terminals will be taken against the special merchants; if they are suspected of new types of illegal and criminal acts of telecommunications networks, they will immediately report to the public security organs.
Fourth, improve the classification inspection mechanism for special merchants. For physically designated merchants with fixed business premises, the acquisition agency is required to conduct at least one on-site inspection per year; for physically designated merchants without fixed business premises, it is required to regularly collect their business images or photos and conduct terminal positioning monitoring; for onlinely designated merchants, it is required to regularly log in to their business pages to view business content, conduct network payment interface technical monitoring and big data analysis. At the same time, a comprehensive inspection of existing special merchants is required before the end of June 2019.
6. What work does the public need to cooperate to do?
Answer: The "Notice" mainly targets new situations and new problems of new types of illegal and criminal acts in telecommunications networks, and takes targeted management measures to protect the safety of the people's property and legitimate rights and interests, and has a less impact on the daily payment experience of the public. At the same time, some work requirements during the implementation of the "Notice" include review of account opening of unit payment accounts, re-verification of existing unit payment accounts, and the implementation of a commitment mechanism for legal opening and use of accounts, which require cooperation from relevant units and individuals.
In addition, in order to ensure the safety of their own funds, we hope that the general public can master typical methods and response measures for new types of telecommunications network crimes, and precautions for transfer and remittance, understand the social harm of buying and selling accounts, and strengthen personal financial information protection awareness.In daily life, you should pay attention to keeping your ID card, bank account and payment account, properly protect personal identity information, account information, financial transaction information, etc., and ensure that your personal financial information and other private information are not infringed.
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