For foreign exchange money from overseas banks may exceed 50,000 US dollars, such as donations, family funds, inheritance income, overseas investment income, etc., they all have strict projects.Detailed proof materials.In recent years, China has continued to increase its anti -money laundering supervision.Trading and selling foreign exchange should abide by laws, otherwise it may constitute criminal crimes.As far as practice is concerned, private exchange exchange has become the choice of many people due to convenient transactions and high exchange rates, but such behaviors have certain risks as "disguised trading foreign exchange."
Recently, returning to China from Singapore's remittance may face the problem of frozen funds and become the focus of attention.In fact, this is not the first time that the problem has appeared.In 2021, there were guest workers who posted on Singapore social media for help. He remitted with the bank account of China to China. On December 11, 2022, the joint Evening News reported that the funds of the two Chinese women when they remitted money to China were.Frozen incidents; on October 24, 2023, the Consul Consul of the Chinese Embassy in Singapore stated that it has recently received Chinese citizens' reports that a remittance of a remittance company in a cow carts has caused some or all of the amounts to be frozen in China; according to Singapore, according to Singapore; according to SingaporeThe TV station reported that from January to the present, 116 people (including a number of Chinese) have encountered online currency exchange and cross -border remittance service scams, with a total loss of up to S $ 1 million.This issue not only causes serious restrictions on the financial freedom of the remittance, but also adversely affects work and life. It may also cause a series of serious legal consequences due to suspected illegal funds flowing or violating anti -money laundering laws and regulations.
Therefore, for Chinese people in Singapore, the study of the legal reasons for remittance to China through remittance companies is necessary and urgent.
1. Legal reasons
(1) The legal significance of frozen in mainland China and judicial organs with freezing power
1. The legal significance of frozen mainland China
Frozen in mainland China, whether it is civilian business, administrative or criminal field, has the significance of protecting interests, promoting the implementation of laws, and maintaining public interests of social public interests.In the field of people and business, freezing can be carried out before, in the lawsuit, or in the implementation stage.As a way of preservation of property, by freezing, the person who is executed can prevent the person who executes the property transfer, transfer or hidden, ensure that the creditors can get the compensation they should have, and protect the expectations of the benefits.In the administrative field, freezing property is conducive to fulfilling the decision of administrative punishment, and ensuring that the person in charge of the responsible will perform the obligations of the payment in accordance with the administrative penalty decision.At the same time, it is also conducive to preventing the continued operation of illegal entities and the expansion of illegal income, and maintaining market order and fair competition.In the field of criminal, the important function of freezing is to restore the property losses of the victim in a timely manner, which is of great significance to intercepting the flow of funds and recovering the stolen stolen.
2. Organs and legal basis with freezing power
(1) Public security organs
During the investigation stage of criminal crimes, the public security organs have the right to inquire and freeze the deposits, remittances, bonds, stocks, fund shares and other assets involved in the case according to the needs of investigating crimes.Article 144 of the Law Law).
(2) People's Procuratorate
The People's Procuratorate has the right to inquire and freeze the property of the suspect. Its authority and the authority of the public security organs are jointly stipulated in Article 144 of the Criminal Procedure Law of the People's Republic of China, which will not be repeated here.
(3) People's Court
Before and in the lawsuit, the people's courts can take preservation measures (Article 103 of the Civil Procedure Law of the People's Republic of China).During the execution stage, if the executed person failed to perform its legal obligations in accordance with the implementation notice, the people's court also had the right to check the person's executable deposit, bonds, stocks, fund share and other property to the relevant units.The property of the person.After the people's court issued a relevant ruling, it issued a notice assistance, and relevant units must handle (Article 249 of the Civil Procedure Law of the People's Republic of China).
(4) Other national organs
The supervisory organs have the right to query and freeze property according to the needs of the work.The supervisory organs investigated serious job violations or duties such as corruption and bribery, loss of duty, or duty. According to the needs, they can query, freeze the units and individuals involved in the case, remittance, bonds, stocks, and fund shares in accordance with regulations.(Article 23 of the Supervision Law of the People's Republic of China).
Customs also has the power to inquire about property and notify banks or other financial institutions to suspend payment.Customs can inquire about the cases of suspected units and personnel in the deposit and remittances of financial institutions and postal enterprises. They can inform the taxpayer of the tax obligor bank or other financial institutions in writing.The voluntary bank or other financial institutions will be deducted from the deposit of its paid payment (Article 6 and 61 of the Customs Law of the People's Republic of China).
In addition, when the national security organs, military security departments, and prisons can also enjoy the same power as the public security organs in accordance with the relevant provisions of the Criminal Procedure Law.Article 4 of the Criminal Procedure Law of the People's Republic of China stipulates: "The national security organs in accordance with the law, handle criminal cases that endanger the national security organs, and exercise the same authority as the public security organs."The department exercises the investigation of criminal cases within the army.
(5) Bank
The bank does not have the right to freeze the account or deposit of the store.However, banks, business relations or transactions with different money laundering or terrorist financing risks have certain due diligence obligations, as well as the obligations of continuous attention from customers' risk status, transaction conditions, and identity information, in order to meet the national anti -money laundering supervision supervisionInstitutions' supervision requirements for various financial institutions (Article 32 of the People's Republic of China Anti -Money Lake).
(2) Analysis of the cause of freezing and legal regulations
1. Public security organ
With the increase in the number of cross -border crimes, new types of crimes such as telecommunications fraud and online gambling have continued to emerge, the means of criminal behavior are constantly upgrading.In recent years, financial institutions such as public security organs and banks have significantly improved linkage when dealing with relevant cases, reflected in various aspects of supervision of stores.When the capital card and card funds of the store are related to the suspect or criminal case, the public security organs have the right to inquire and freeze the deposits, remittances, bonds, stocks, fund share and other property involved in the case (the criminal procedure law of the People's Republic of China 114Article 14).
The object of seizure and freezing is "property involved", that is, the public security organs can be used to prove that criminal suspects are guilty or innocent in accordance with law in accordance with law in accordance with the law.Including: (1) the income of crime and its interest; (2) tools used to implement criminal behavior; (3) other property that can prove whether criminal acts occur and the criminal circumstances (public security organs handle criminal cases to check and freeze measures, freezing measures to be seized and frozen measures.Relevant regulations 2).
2. Judicial organs
The bank account is frozen by the judicial organs, which is often adopted for preservation measures due to the appeal, or during the execution process, the executed person fails to perform the obligations determined by the legal documents in accordance with the execution notice. At this timeThe property of the executable person's executing, frozen, allocated, and prices.As far as the freezing period is concerned, according to the Supreme People's Court on applicable,In the explanation of the Civil Procedure Law of the People's Republic of China, Article 485 stipulates that the period of freezing the bank deposit of the people's court shall not exceed one year.The term of property rights must not exceed three years.
3. Other organs
In practice, some agencies that have applied more direct supervision for transactions, such as foreign exchange management agencies, securities supervision and management agencies, market supervision and administration bureaus, etc. In the process of fulfilling their duties, those who meet certain conditions can apply to the people's court for frozen frozen frozenEssenceFor example, if the foreign exchange management authority has evidence that the property involved in the case that may be transferred or hidden illegal funds, or hidden, forged, and damage important evidence, it can apply for the people's court to freeze or seizes (Article 33 of the Foreign Exchange Management Regulations of the People's Republic of China)Essence
4. Starting self -starting of banks
When the transaction behavior of the store may be suspected of illegal criminal activities such as money laundering, the bank's anti -money laundering system will issue an alarm.If the bank system detects abnormal transactions, it will report related data to the central bank's anti -money laundering center.The central bank's anti -money laundering center will evaluate whether there is a suspect of money laundering based on the actual situation and transaction records of the customer, and the initial frozen funds, and transfer it to the law enforcement agency for further investigation.
2. Problem solution
(1) The requirements for remittances to domestic citizens
According to Article 3 of the Personal Foreign Exchange Management Measures, the personal foreign exchange business under the current project is managed in accordance with the principle of redeemable, and the personal foreign exchange business under the capital project is managed in accordance with the exchange process.As far as the personal foreign exchange business is concerned, it can be completely free to exchange under the frequent project. As long as the transaction has a real and legal background and does not exceed the available amount, individuals can directly perform cross -border revenue and expenditure operations, or provide necessary proof materials to provide necessary certification materials to provide necessary certification materials.Apply.
According to the rules for implementation of personal foreign exchange management measures, the total annual annual management of individual foreign exchange settlement and domestic personal foreign exchange purchase. The total annual amount is equivalent to $ 50,000 per person per year, that is, foreign exchange with a remittance of 50,000 US dollars.Individuals can use it freely after the rules are exchanged for RMB.
According to the provisions of Article 9 of the Personal Foreign Exchange Management Measures, the total annual management of individual foreign exchange settlement and domestic foreign exchange purchase.Within the total annual amount, it is handled in the bank with the valid ID of my ID; if it exceeds the total annual amount, it will be handled by the banks under the project under the project under the project.Regulations.In other words, for those who enter foreign exchange money from overseas banks may exceed 50,000 US dollars, such as donations, family funds, inheritance income, overseas investment income, etc., they all have strict project attribution.Evidence.
In recent years, China has continued to increase its anti -money laundering supervision.Article 10 of the financial institutions of the People's Bank of China, the China Banking Regulatory Commission, and the Securities Regulatory Commission's financial institutions and customer identity information and transaction records stipulates that the business banks, rural cooperative banks, rural credit cooperatives, village and town banks and other financial institutions areIf a natural person customer handles the cash access business of more than 50,000 yuan or foreign currency, it shall identify and verify the identity of the customer, and understand and register the source of funds.
Trading foreign exchange should abide by law, otherwise it may constitute criminal crimes.As far as practice is concerned, private exchange exchange has become the choice of many people due to convenient transactions and high exchange rates, but such behaviors have certain risks as "disguised trading foreign exchange."According to the provisions of the explanation of several issues of laws in the application of illegal trading of foreign exchange criminal cases in the Supreme People's Court and the Supreme People's Procuratorate on the application of illegal trading and selling foreign exchange criminal cases, violating national regulations, implementing illegal trading foreign exchange behaviors such as selling and selling foreign exchange in disguise in disguise, disruptionMarket order and serious circumstances may be suspected of illegal operation.It is also suspected of illegally engaging in funds settlement business. It also explains that the situation of "illegal funds settlement business" has also been listed, including: (1) use of acceptance terminals or network payment interfaces, etc.Illegal methods such as opening prices, transaction refunds, etc. Those who pay monetary funds to the designated payer; (2) illegally providing others to provide unit bank settlement accounts or unit bank settlement accounts to personal account services;Services; (4) Other circumstances of illegal illegal funds and settlement business.
(2) Practice problem solving method
For the problem of being frozen in China through the remittance of the remittance company, the reasons for the freezing of the amount should be clearly defined.When the storage households encounter a freezing incident, they should consult the bank in a timely manner and provide a document that proves that the remittance causes frozen.Under normal circumstances, the storage households can bring the Chinese ID card to the domestic bank counters to obtain the corresponding freezing certificate, including relevant institutions, frozen date, and frozen causes.Secondly, the remittance company shall consult with the remittance company to provide documents such as remittances, transaction records, etc., and prepare to prove evidence of legal sources and use.Some remittance companies will also make commitments, such as "if the funds and accounts are frozen due to the reasons of the remittance company, the company's full refund of the company" and so on.At this time, you should pay attention to whether such contract clauses are reasonable. When funds are frozen, whether the remittance company can be required according to such terms.Once the account is unfortunately frozen, the legitimate rights and interests can be protected in accordance with the terms of the contract.
If unfortunately, the reason for freezing is to involve anti -money laundering supervision and other issues in China, you should seek help from relevant institutions in a timely manner, such as complaint with the Singapore Financial Administration, or reporting to the Singapore Central Police Department.You can also contact the domestic organs that freeze accounts in China to provide proven materials that have previously obtained to prove the source of funds and legal use, and apply to the bank or Chinese government agencies for thawing.If necessary, we should seek the help of professional institutions to understand the relevant laws and regulations, procedures, and possible thawing processes. Professional institutions will communicate with banks, regulatory agencies or other related parties to assist the thawing account as soon as possible to protect legitimate rights and interests.
In summary, the freezing of bank accounts may be caused by various reasons, such as suspected fraud, money laundering activities, and unknown funding sources.On the one hand, China has increased its intensity of anti -money laundering supervision, and on the other hand, there are many inconveniences on Chinese citizens in Singapore. This situation will seriously affect daily life, corporate operations or personal financial conditions.For citizens, they should abide by laws and regulations in national, and exchange currencies through regular channels such as banks and remitty money to the country.Do not greedy convenience or "high exchange rates", and remit money through underground money or personal channels, leading to deception and losing property.When remittances, all kinds of evidence should be kept.If bank account remittances have been frozen, detailed information such as remittance vouchers, previous remittance records and other sources of funding should be provided in a timely manner.If necessary, you should seek help from professional institutions.
The author is a lawyer of Beijing Jingshi (Shanghai) Law Firm
