Attorney Shao Shiwei | Why Has My Bank Card Been Frozen by the Public Security Bureau?

As such inquiries are frequently received, this article provides a brief summary for reference.

 

Author: Attorney Shao Shiwei

 

 

I. Possible Scenarios Leading to Bank Card Freezing?

① Receiving transfers from unknown third parties

② Engaging in private foreign exchange trading

③ Having engaged in gambling, purchasing illegal online lottery tickets, or similar activities

④ Conducting fund settlements in connection with foreign trade business

⑤ Investing in virtual currencies or engaging in blockchain transactions

⑥ The individual or their close relatives participated in illegal or criminal activities

⑦ If none of the above apply, it may be due to the actions of your direct counterparties, their counterparties, or further removed parties (the number of account levels subject to freezing is determined by the public security organs based on case handling circumstances).

 

II. What Types of Cases May Be Involved When a Bank Card Is Frozen?

Cases involving the operation of casinos, fraud, the crime of aiding information network criminal activities, the crime of concealing or disguising criminal proceeds and benefits, illegal business operations, impairing credit card management, stealing, purchasing, or illegally providing credit card information, illegal use of information networks, infringement of citizens' personal information, among others.

 

III. How Long Will the Account Remain Frozen?

Generally, in cases involving new types of telecom and internet-based crimes, public security organs will issue emergency stop-payment orders based on the urgency of the case. The stop-payment period is 48 hours. If, within this period, the public security organs initiate an investigation and verify close transactional links with the account involved in the case, the account may be directly frozen for six months or one year within this timeframe. There is no limit on the number of times the freeze may be renewed.

 

*Relevant Laws and Regulations Index:

Notice of the People's Bank of China, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the State Administration for Industry and Commerce on Establishing an Emergency Stop-Payment and Rapid Freezing Mechanism for Accounts Involved in New Types of Telecom and Internet-Based Crimes (Yin Fa [2016] No. 86)

Notice of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and other authorities regarding the 'Provisions on the Application of Seizure and Freezing Measures by Public Security Organs in Handling Criminal Cases'