境外发达国家和地区保险业反洗钱立法分析及对我国的借鉴

Anti-Money Laundering Legislation Related to Insurance Industry in Foreign Developed Countries and Regions and Its Reference to China

目前,我国已建立起比较健全的、以"一法四令"为核心的反洗钱法律法规体系,反洗钱工作基本实现了有法可依,反洗钱监管理念正从"合规为本"向"风险为本"转变。由于"一法四令"制定时间较早,更多体现"合规为本",而非"风险为本",导致保险业反洗钱相关立法需要适应监管理念调整进行相应完善。以不同类型的保险产品洗钱风险评估结果为基础,深入研究境外发达国家和地区保险业反洗钱立法情况和FATF及IAIS对保险业反洗钱相关建议和要求,并结合中国保险业反洗钱立法实际,对完善我国保险业反洗钱立法提出政策建议。

At present, China has established a relatively sound anti-money laundering laws and regulations system, with the ＂one law and four administrative regulations＇ at the core of the system, and the anti-money laundering work can be conducted in accordance with these laws and regulations. The concept of anti-money laundering supervision is changing from ＂compliance based＂ to ＂risk based＂, however, due to the earlier set of the ＂one law and four ad- ministrative regulations＂, they are more ＂compliance based＂ rather than ＂risk based＂, giving rise to the need to ad- just the anti-money laundering legislation related to insurance industry in adaptation with the changing supervision concept. Based on the different money laundering risk assessment of different insurance products, the paper re- searched on the insurance industry anti- money laundering legislation in developed countries and regions and FATF and IAIS＇ suggestions and requirements to the industry. Then considering the reality of anti-money laundering leg- islation for China~ insurance industry, it put forward policy suggestions on how China＇ s insurance industry could improve the anti-money laundering legislation.