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[Law Basis]
[Print]
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Chapter 2 Application for and Commencement of Foreign Exchange Business
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〈Business Approval and Reporting for Record〉
Article 6
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Unless otherwise provided by these Regulations or the Bank, a banking
enterprise may engage in foreign exchange business only after it has
applied to the Bank and has been issued a certificate of authorization
or a letter of approval.
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Unless otherwise provided by these Regulations or the Bank, banking
enterprises shall not engage in any foreign exchange business not yet
approved by the Bank or reported to the Bank for record.
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〈Scope of Business〉
Article 7
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Banks and Agricultural Bank may apply for approval to engage in all
or part of the business categories listed in Paragraph 1 of Article
4 herein.
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Chunghwa Post may apply for approval to engage in outward and inward
remittances or purchase and sale of foreign currency cash and
traveler's checks.
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Credit cooperatives and credit departments of farmers' or fishermen's
associations may apply for approval to engage in purchase and sale of
foreign currency cash and traveler's checks.
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〈Application Qualifications and Procedures〉
Article 8
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Unless otherwise provided by these Regulations or other laws and
regulations, banks and Agricultural Bank that apply for approval to
become authorized banks shall comply with the following provisions:
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1.Domestic banks and Agricultural Bank shall:
(1) Maintain the ratio of regulatory capital to risk-weighted assets
at a level in compliance with the requirements set forth by the
competent authority;
(2) Deploy sufficient experienced foreign exchange personnel to
conduct foreign exchange businesses;
(3) Participate in joint processing of foreign exchange businesses
with other authorized banks for an accumulated amount up to USD 400
million or up to 7,000 transactions;
(4) Maintain a sound financial position for the last three years; and
(5) Have not had any sanction or correction imposed by the competent
authority due to violation of financial regulations in the past
year or have made concrete improvements recognized by the competent
authority if there has been any violation of financial regulations.
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2.Branches of foreign banks in Taiwan (hereinafter referred to as
foreign banks) shall deploy sufficient experienced foreign exchange
personnel to conduct foreign exchange businesses.
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Internet-only banks that apply for approval to become authorized banks
shall comply with the following provisions:
(1) Maintain the ratio of regulatory capital to risk-weighted assets
at a level in compliance with the requirements set forth by the
competent authority;
(2) Deploy sufficient experienced foreign exchange personnel to conduct
foreign exchange businesses;
(3) Have not had any sanction or correction imposed by the competent
authority due to violation of financial regulations in the past
year or after obtaining the approval of establishment from the
competent authority; have made concrete improvements recognized by
the competent authority if there has been any violation of financial
regulations.
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When a bank or Agricultural Bank applies to the competent authority
for establishing an international banking department to engage in
foreign exchange business, the competent authority shall forward the
application to the Bank for reviewing the qualifications prescribed
in Subparagraph 1 of the Paragraph 1.
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Foreign banks approved to engage in foreign exchange business within the
territory of the Republic of China may remit inwardly or outwardly capital
or working capital only after having obtained a separate approval from the
Financial Supervisory Commission (hereinafter referred to as the FSC).
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〈Application Documents〉
Article 9
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A bank or Agricultural Bank intending to apply for approval to
become an authorized bank shall submit the following documents:
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1.Documents evidencing the competent authority's approval for
registration of establishment;
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2.Intended Scope of foreign exchange business;
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3.Names and locations of overseas correspondent banks;
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4.Name and address of the responsible person within the
territory of the Republic of China;
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5.Capital and working capital to be remitted to the territory
of the Republic of China, as well as the categories and amounts
of foreign exchange funding sources; and
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6.Other data or documents specified by the Bank.
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〈Application for Branches〉
Article 10 For the branches of an authorized bank to apply for approval to
engage in the foreign exchange business listed in Subparagraphs
1 through 6, Paragraph 1, Article 4 herein, the head office of
the domestic bank or Agricultural Bank, or the Taipei branch of
a foreign bank shall submit documentation detailing the intended
scope of business, and attach photocopies of the branch's business
license and the curricula vitae of operations and auditing personnel.
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〈Personnel Qualifications〉
Article 11
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When an authorized bank engages in foreign exchange business listed
in Subparagraphs 1 through 6, Paragraph 1, Article 4 herein, its
operations and auditing personnel shall hold foreign exchange business
licenses or meet the following qualifications:
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1.An operations personnel shall have at least three-month
experience in the relevant foreign exchange business.
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2.An auditing personnel shall have at least six-month
experience in the relevant foreign exchange business.
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〈Application for Foreign Exchange Derivatives Business〉
Article 12
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An authorized bank may engage in the following foreign exchange
derivatives businesses without application:
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1.Foreign exchange forward (excluding New Taiwan dollar
(NTD) non-deliverable forward);
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2.Foreign Exchange swap; and
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3. Combinations of foreign exchange derivatives not involving NTD
exchange rate and already approved by the Bank or reported to
the Bank for record that are linked to the underlying asset with
the same risk and combined through the same transaction contract
excluding complex high-risk foreign exchange derivatives transactions
entered with customers other than professional institutional investors
and high net worth corporate investors.
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4. Foreign exchange derivatives transactions not involving
NTD exchange rate between domestic authorized banks and
between a domestic authorized bank and a foreign bank.
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5. Domestic and foreign futures contracts not involving NTD
exchange rate traded by a futures trader.
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To engage in any foreign exchange derivatives business other
than those provided in the preceding paragraph, an authorized
bank shall apply to the Bank for approval or report to the Bank
for record based on the following criteria:
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1.Application for approval before commencing:
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(1)First-time application for foreign exchange derivatives
business.
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(2)Foreign exchange derivatives business not yet approved by
the Bank or has been approved for less than six months, and
foreign exchange derivatives linked thereof.
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(3)NTD non-deliverable foreign exchange forward business.
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(4)Foreign derivatives involving NTD exchange rate, combinations
thereof and combinations with other derivatives, NTD principal,
foreign currency principal, or other business (product).
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(5)Discretionary foreign currency margin trading business.
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2.Reporting for record before commencing: The business of recommending
those foreign exchange derivatives products already approved by the
Bank or reported to the Bank for record by the designated branch of
an authorized bank under the authorization of its head office.
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3.Reporting for record after commencing: Only for authorized banks
that have been approved to engage in any of the foreign exchange
derivatives businesses.
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(1)Foreign exchange derivatives business approved by the Bank
for over six months and not involving NTD exchange rate.
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(2)Foreign exchange derivatives business provided to professional
institutional investors and high net worth corporate investors
without involving NTD exchange rate and not yet approved by the
Bank or approved for less than six months, which should comply
with the relevant rules of the competent authority.
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(3)Information and consulting services on offshore financial derivatives
under the approval of the competent authority. The underlying asset
shall not involve domestic interest rates, exchange rates, equities,
indices, commodities, credit events, fixed-income or other interests.
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Where a professional institutional investor accepts trading orders,
signs a trust agreement, discretionary services agreement,
investment-linked insurance contract or offers privately placed fund,
and carries out transactions provided in Items 2 and 3, Subparagraph 3
of the preceding paragraph in its name, the trustors/mandatories,
policyholders or subscribers shall also be a professional institutional
investor or high net worth corporate investor.
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〈Required Documentation for Application for Foreign Exchange Derivatives Business〉
Article 13
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An authorized bank shall submit the following documents when applying
to the Bank for approval to engage in businesses under Subparagraph 1,
Paragraph 2 of the preceding article:
1.A statement of regulatory compliance;
2.Minutes with the resolution of the board of directors to engage in
the foreign exchange derivatives business for a domestic bank and
Agricultural Bank or letter of authorization from the head office or
the regional command center of a foreign bank;
3.Curricula vitae of operations and relevant management personnel;
4.Risk disclosure statement;
5.Product profiles;
6.Operational guidelines; and
7.Risk management related documents.
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An authorized bank shall submit the following documents when reporting
to the Bank for record to engage in businesses under Subparagraph 2,
Paragraph 2 of the preceding article and may commence the businesses
only after receiving a letter of acknowledgement from the Bank:
1.A photocopy of letter of consent from the competent authority;
2.Minutes with the resolution of the board of directors to engage in
businesses under this paragraph for domestic banks and Agricultural
Bank or letter of authorization from the head office or the regional
command center of a foreign bank; and
3.Authorization guidelines set out according to relevant rules.
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Within one week of carrying out the first transaction under Items 1
and 2, Subparagraph 3, Paragraph 2 of the preceding article, an authorized
bank shall report to the Bank for record with the product description
(must be a product actually transacted with the date of transaction, date
of settlement, expiration date, notional principal amount, exercise price
or other relevant indexes and parameters) and documents provided in
Subparagraphs 1 ~ 5 of Paragraph 1 hereof. The authorized bank may carry
out the next transaction of the business only after receiving a letter of
acknowledgement from the Bank.
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When an authorized bank engages in businesses under Items 3, Subparagraph 3,
Paragraph 2 of the preceding article, it shall summit a letter of approval
from the competent authority and documents provided in Subparagraphs 1 ~ 3,
Paragraph 1 hereof within one week after commencing the business.
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〈Qualifications of Personnel Handling Foreign Exchange Derivatives Business〉
Article 14
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When engaging in the foreign exchange derivatives business listed in Subparagraph
7, Paragraph 1, Article 4 herein, the operations and management personnel of an
authorized bank shall meet at least one of the following qualifications:
1.Having completed at least 60 hours of training on derivatives and risk
management held by domestic financial training institutions and received a
certificate therefor; the training must cover theories and practices on
foreign exchange derivatives transactions, relevant laws and regulations,
accounting and risk management;
2.Having one year of internship in the foreign exchange derivatives business at
a domestic or foreign financial institution; or
3.Having at least six-month working experience in the foreign exchange
derivatives business at domestic or foreign financial institutions.
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Operations and management personnel handling the recommendation of foreign
exchange derivatives shall meet at least one of the following qualifications:
1.Having one of the qualifications listed in the preceding paragraph;
2.Having passed the qualification exam for structured products salesperson held
by domestic financial training institutions and received a certificate therefor
; or
3.Having passed the qualification exam for financial derivatives salesperson
held by domestic financial training institutions and received a certificate
therefor.
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Operations and management personnel handling the trading, marketing, risk
management, settlement or accounting, as well as compliance personnel, auditing
personnel, and operations and management personnel handling the recommendation
of foreign exchange derivatives shall attend at least 6 hours of training
courses on derivatives. The training courses on derivatives offered by domestic
financial training institutions regarding relevant regulations or non-compliance
cases shall comprise no less than one half of the total hours of training
received.
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Personnel of an authorized bank handling the foreign exchange derivatives
business shall possess professional ability, and the authorized bank shall draw
up professional qualification requirements and a related training system.
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〈Application for Establishment of Foreign Currency Settlement Bank〉
Article 15
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To engage in foreign currency settlement business through a domestic
clearing institution, authorized banks shall apply to the Bank for
approval to become a foreign currency settlement bank.
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Authorized banks making an application mentioned in the preceding
paragraph shall submit the following documents and information to
the Bank for review within the designated period set by the Bank.
The Bank will select and give approval to one bank to conduct the
foreign currency settlement business after reviewing those documents:
1.A business plan to engage in foreign currency settlement business;
2.The latest audited financial report; and
3.Other information that supports the applicant's eligibility.
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The designated period referred to in the preceding paragraph will
be announced by the Bank.
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A foreign currency settlement bank approved by the Bank shall be
granted a five-year concession period to engage in the foreign
currency settlement business, starting from the date of commencement.
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〈Application for Engaging in Non-discretionary Money Trust Business〉
Article 16 An authorized bank concurrently conducting the trust business that engages in
the NTD or foreign currency non-discretionary money trust business investing in
foreign-currency denominated securities shall submit the following documents to
the Bank for approval:
1.Approval documents from the competent authority;
2.Minutes with the resolution of the board of directors to engage in the NTD or
foreign currency non-discretionary money trust business for a domestic bank
and Agricultural Bank or a letter of authorization from the head office or a
regional headquarters of a foreign bank;
3.A regulatory compliance statement;
4.Descriptions of the designated currency for receipts and disbursements and
foreign exchange settlement procedures; and
5.Other documents specified by the Bank.
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〈Application for foreign currency denominated collective investment trust account and foreign currency denominated collective trust fund business 〉
Article 17
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An authorized bank concurrently conducting the trust business that engages in
the foreign currency denominated collective investment trust account business
or offers and issues foreign currency denominated collective trust funds inside
the ROC shall submit the following documents to the Bank for approval before
establishing or offering such fund for the first time:
1. Approval documents from the competent authority. Exemptions:
(1)Banks that establish foreign currency denominated collective investment
trust accounts which accept funds from professional investors referred to
in the Regulations Governing Offshore Structured Products (it should be
stated in the application letter) only ; or
(2)Banks that offer and issue the foreign currency denominated collective
trust fund;
2. A management and utilization plan for the foreign currency denominated
collective investment trust account established for the first time or an
offering and issuance plan for the collective trust fund offered for the
first time;
3. A resolution of the board of directors for a domestic bank and Agricultural
Bank to engage in the foreign currency denominated collective investment
trust account business or a letter of authorization from the head office or
the regional headquarters of a foreign bank;
4. A regulatory compliance statement; and
5. Other documents required by the Bank.
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An authorized bank that has obtained approval from the Bank to engage in the
business mentioned in the preceding paragraph is not required to apply to the
Bank for approval on a case-by-case basis subsequently.
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〈Application for other foreign currency trust businesses〉
Article 17-1 An authorized bank concurrently conducting the trust business that engages in
foreign currency trust businesses other than those under the preceding two
articles shall submit the following documents to the Bank for approval:
1. Approval documents from the competent authority or relevant supporting
documents that meet the requirements under Article 5 of the Regulations
Governing the Scope of Business, Restrictions on Transfer of Beneficiary
Rights, Risk Disclosure, Marketing, and Conclusion of Contract by Trust
Enterprises;
2. Description of operations (exempted for applications for engaging in the
foreign currency money trust or foreign currency securities trust), which
should include the following particulars:
(1) Name of business (according to the business activities and classification
provided in Article 16 of the Trust Enterprise Act and Articles 6 ~ 8 of
the Enforcement Rules of the Trust Enterprise Act);
(2) Introduction of business;
(3) Operation process; and
(4) Description of receipts and payments of funds;
3. A resolution made by the board of directors of a domestic bank or the
Agricultural Bank of Taiwan to engage in the business or a letter of
authorization from the head office or the regional headquarters of a foreign
bank;
4. A regulatory compliance statement; and
5. Other documents required by the Bank.
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〈Establishment of Automatic Teller Machines〉
Article 18
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To set up automatic teller machines to process foreign exchange businesses,
an authorized bank shall meet all regulations set forth by the FSC regarding
service items that may be provided by automatic teller machines and related
operation security control and management regulations. It shall also submit
the description of operations and identify the names of the offices controlling
automatic teller machines and their locations, and report to the Bank for
record within one week after the setup.
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If there are changes in the description of operations regarding service items,
principles of exchange rate determination, exchange rate disclosure methods or
foreign exchange declaration methods, the authorized bank shall report to the
Bank for record within one week after the change.
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If an authorized bank that has reported to the Bank for record according to
Paragraph 1 intends to set up additional automatic teller machines or to close
automatic teller machines, the authorized bank shall inform the Bank by
submitting a document identifying the names of the offices controlling
automatic teller machines and a list of locations within one week after the
setup or closing of automatic teller machines.
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〈Foreign Exchange Businesses through Electronic or Communications Equipment〉
Article 19
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When engaging in foreign exchange businesses through electronic or communications
equipment, authorized banks and Chunghwa Post shall meet all regulations set
forth by the FSC regarding the scope of services that may be provided by banks
and apply to the Bank for approval. However, authorized banks that comply with
the Bank's provisions may proceed with those businesses by reporting to the Bank
for record or without making an application.
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Authorized banks and Chunghwa Post that apply to the Bank for approval in
accordance with the preceding paragraph shall submit the following documents:
1.The description of operations;
2.The code of remittance classification;
3.The statement signed by the head office chief compliance officer, chief
auditor and head of information department; and
4.Controls for preventing customers from dodging reporting obligation as
required by law through breaking up a single, large settlement amount into
multiple smaller ones (exempted if the operation does not involve the foreign
exchange settlement against NTD).
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An authorized bank that reports to the Bank for record in accordance with
Paragraph 1 hereof shall submit the documents provided in the preceding
paragraph and a simulation test report on its foreign exchange operation
process of online banking system.
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Authorized banks and Chunghwa Post that engage in businesses mentioned in
Paragraph 1 hereof shall comply with the following provisions:
1.The system shall have a function of computerized verification of the code of
remittance classification and a mechanism to ensure compliance with the
provisions governing renminbi exchange or remittance to Mainland China Area.
2.For an authorized bank that allows customers to make the declaration of
foreign exchange settlement against NTD through the Internet in accordance
with Paragraph 1, Article 10 of the Regulations Governing the Declaration of
Foreign Exchange Receipts and Disbursements or Transactions (hereinafter
referred to as Regulations for Declaration), its system shall first pass the
test of connection with the Bank's Foreign Exchange Data Processing System
before applying to the Bank for approval or reporting to the Bank for record.
3.Other provisions set forth by the Bank for proper administration of businesses
under Paragraph 1 hereof.
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An Internet-only bank that engages in foreign exchange businesses involving
the foreign exchange settlement against NTD through electronic or communications
equipment with a value equal to or over an equivalent of NTD 500,000 shall allow
declarants to make the declaration of foreign exchange settlement against NTD
through the Internet in accordance with Paragraph 1, Article 10 of the
Regulations for Declaration.
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The provisions mentioned in Paragraph 1 hereof that allow for proceeding with
businesses by reporting to the Bank for record or without making an application
and the other provisions mentioned in Subparagraph 3, Paragraph 4 will be
prescribed separately by the Bank.
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[Authorized Regulations]
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〈Application for Conducting Foreign Exchange Business during Non-standard Busnies〉
Article 20
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To engage in foreign exchange business during non-standard business
hours, an authorized bank shall submit a description of the relevant
operations (including the cut off time for including the relevant
transactions in the same-day or next-day "Daily Transaction Report"
and "Daily Foreign Exchange Position Report"; the preceding provision
applies when there is a change to the services.
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Designated branches of an authorized bank that has been approved by
the Bank according to the preceding paragraph are not required to
apply for separate approval on a case-by-case basis to conduct the
business, provided the branches engage in the foreign exchange business
in the preceding paragraph in accordance with the authorized bank's
description of operations.
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〈Application for Establishment of Foreign Exchange Processing Center or Outsourci〉
Article 21 Where an authorized bank has established its own domestic foreign
exchange processing center to process relevant foreign exchange
operations, it shall submit a description of relevant operations,
operating procedures, and the curricula vitae of operations and
auditing personnel to the Bank for record within one week after
commencing its operation. In the event that an authorized bank uses
other methods to assign a third party to process relevant foreign
exchange operations, the bank shall apply to the Bank for approval
by submitting the operational plans for outsourcing. If the Bank has
not objected within 15 days from the day following receipt of the
application, the bank may proceed to process the operation straightway.
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〈Application for Issuance of Foreign Currency Denominated Financial Bonds〉
Article 22 To issue foreign currency bank debentures, an authorized bank shall, within
one week after issuance, submit the letter of approval (letter of
acknowledgement) from the competent authority and relevant information
(including issue date, issue amount, terms and conditions, region or country
in which the debenture will be issued and the fund utilization plan) to the
Bank for record. However, pursuant to the Regulations Governing the Offering
and Issuance of Overseas Securities by Issuers, the procedure for applying for
issuing foreign currency convertible bank debentures, foreign currency
exchangeable bank debentures or other foreign currency bank debentures
involving equities outside the ROC shall follow the provisions of the
aforementioned regulations.
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〈Application for Conducting Foreign Exchange Business by Non-authorized Banks〉
Article 23
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Banking enterprises other than authorized banks that plan to engage
in purchase and sale of foreign currency cash and traveler's checks
shall apply to the Bank for approval according to the following rules:
1.The head offices for domestic banks, Agricultural Bank and their
branches, and the Taipei branch for foreign banks, shall submit a
written application together with a photocopy of its business
license (or a photocopy of establishment approval letter issued by
the competent authority) and the curricula vitae of operations and
auditing personnel.
2.For credit cooperatives (head office or branches), the head office
shall submit a written application together with a photocopy of the
credit cooperative's business license, the curricula vitae of the
operations and auditing personnel, the balance sheet and statement
of comprehensive income of the preceding fiscal year, and documents
evidencing whether the credit cooperative has been subject to any
sanctions for violation of financial regulations in the past year.
3.For the credit departments of farmers' or fishermen's associations
and their branches, the farmers' or fishermen's association shall
submit a written application along with a photocopy of the approval
certificate and curricula vitae of operations and auditing personnel
to be reviewed and approved by the Council of Agriculture, Executive
Yuan before the application is forwarded to the Bank for approval.
4.For Chunghwa Post and its post offices, Chunghwa Post's head office
shall submit a written application along with a photocopy of the FSC's
letter of approval (for post offices established after January 1, 2003),
and curricula vitae of operations and auditing personnel to the Bank
for approval.
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Operations and auditing personnel handling the business mentioned in
the preceding paragraph shall have at least five days experience in
related foreign exchange business.
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The provisions of Subparagraph 4, Paragraph 1 hereof shall apply
mutatis mutandis to the approval process for outward and inward
remittance business of Chunghwa Post and its post offices , and
the provisions of Article 11 herein shall apply to the qualifications
of their operations and auditing personnel.
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〈Relocation, Name Change or Closure〉
Article 24
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When a banking enterprise that has been approved to engage in the foreign
exchange business pursuant to Article 10 or Subparagraphs 1 ~ 3, Paragraph 1 of
the preceding article changes its address or name, the banking enterprise
shall, within two weeks before or after the changes take effect, submit approval
documents from the competent authority, a photocopy of the new business license
or the approval certificate received to apply to the Bank for a new certificate
of authorization, or report to the Bank for record. In the event of relocation,
the curricula vitae of operations and auditing personnel shall also be submitted
to the Bank.
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When Chunghwa Post or a post office under it that has been approved to engage in
the foreign exchange business pursuant to Subparagraph 4 of Paragraph 1 or
Paragraph 3 of the preceding article changes its address or name, Chunghwa Post
shall, within two weeks before or after the changes take effect, submit a
photocopy of the letter of approval from the FSC or the letter of approval from
its head office to report to the Bank for record. In the event of relocation,
the curricula vitae of operations and auditing personnel shall also be submitted
to the Bank.
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When a banking enterprise that has been approved to engage in the foreign
exchange business is closed, the banking enterprise shall, within one week
after the closure, turn in the certificate of authorization to the Bank or
report to the Bank for record.
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〈Application for Conducting Foreign Exchange Business during Non-standard Business〉
Article 25
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Banking enterprises other than authorized banks that plan to engage
in the Bank-approved business of purchase and sale of foreign currency
cash and traveler's checks during non-standard business hours are not
required to apply to the Bank for approval.
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The provisions of Article 20 herein shall apply mutatis mutandis to
Chunghwa Post and its post offices conducting Bank-approved outward
and inward remittance business during non-standard business hours.
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〈Supplementary Documentation〉
Article 26 Banking enterprises applying for foreign exchange business or reporting
the business for record will be granted a designated period for providing
the supplementary documentation or information and making corrections if
the documentation or required information submitted were found to be
incomplete. The Bank may reject the application or reporting if the
supplementary documentation or information and corrections were not
submitted during the designated period.
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〈Rejection of Application〉
Article 27
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The Bank may reject a banking enterprise's application for foreign
exchange business in the event of any of the following:
1.Qualifications of the applicant do not comply with the regulations;
2.The applicant has failed to assist declarants to fill out the
Declaration Statement of Foreign Exchange Receipts and Disbursements
or Transactions (hereinafter referred to as "Declaration Statement" )
as required;
3.A high error rate in the certificates, reports and forms prepared by
the applicant;
4.The applicant had violated the provisions of these Regulations or
relevant rules in the past year and the violation is of a serious
nature; the applicant was ordered to rectify the situation by the Bank,
but has failed to do so within the period specified by the Bank; or
5.Other facts that are sufficient to indicate that the applicant may
hinder sound operations of the business, or that the applicant is
unable to meet financial policy requirements.
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When a banking enterprise reports to the Bank for record with regard
to the foreign exchange business it engages in, if the banking enterprise
submits false documents or the business reported does not fall under the
types of business that require reporting for record, the Bank will reject
the reporting, and depending on the severity of the situation, impose a
warning, demand remedial action, or suspend the specific foreign exchange
business for a specified period of time, or withdraw the banking enterprise’s
privilege of commencing a foreign exchange business that requires reporting
for record according to these Regulations by reporting the business to the
Bank for record.
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〈Suspension, Revocation or Cancellation of Approval〉
Article 28
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If a banking enterprise has any of the following situations in conducting
foreign exchange business, the Bank may, depending on the severity of the
situation, order the banking enterprise to suspend the business for a
specified period of time, revoke or cancel all or part of the approved
businesses, or bar the banking enterprise from applying for new foreign
exchange business or add new branches to conduct the foreign exchange
business for a specified period of time:
1.The banking enterprise fails to commence operation within six months
after being issued a certificate of authorization or letter of approval.
The applicant may request for an extension with valid reasons. If
agreed by the Bank, the banking enterprise may have an extension of no
more than three months. An institution may apply for an extension only
once;
2.The banking enterprise has violated the provisions of these Regulations
and the violation is of a serious nature; or was ordered to rectify
the situation by the Bank, but has failed to do so within the period
specified by the Bank;
3.After the banking enterprise has been approved to engage in various
foreign exchange businesses, its original application documents were
found to contain false information or representation of a serious nature;
4.The banking enterprise suspends operations, is dissolved, or declares
bankruptcy; or
5.Other facts that are sufficient to indicate that the banking enterprise
may hinder sound operations of the business, or that the banking enterprise
is unable to meet financial policy requirements.
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A banking enterprise whose approval is revoked or cancelled in accordance
with the preceding paragraph shall, within seven days from receiving the
disposition, turn in its certificate of authorization or letter of approval;
should the banking enterprise fails to do so, the Bank will nullify the
certificate or the approval.
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A banking enterprise that is ordered by the Bank or the relevant competent
authority to suspend or stop applying for foreign exchange business for a
specified period of time shall not commence any foreign exchange business
that requires reporting for record according to these Regulations by
reporting the business with the Bank for record if the period of suspension
has not expired or if it fails to propose proper, concrete improvement
measures during the period of suspension, or if its proposed improvement
measures have not been accepted by the competent authority.
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