Laws and Regulations Database of the Central Bank of the Republic of China(Taiwan)

Chapter 1　　General Provisions

Article 1 
These Regulations are prescribed pursuant to Paragraph 2, Article 35 of 
"the Central Bank of the Republic of China (Taiwan) Act ".

Article 2
The provisions of these Regulations shall govern the foreign exchange 
business of banking enterprises. Matters not provided herein shall be 
subject to provisions under other relevant laws and regulations.

Article 3 
The term "banking enterprise" as used in these Regulations shall mean 
banks, Agricultural Bank of Taiwan Corporation (hereinafter referred 
to as "Agricultural Bank"), credit cooperatives, credit departments 
of farmers' or fishermen’s associations, and the Chunghwa Post Co., Ltd.
(hereinafter referred to as "Chunghwa Post") inside the territory of 
the Republic of China.
The term "authorized bank" as used in these Regulations shall mean banks
or Agricultural Bank approved by the Central Bank of the Republic of 
China (Taiwan) (hereinafter referred to as the "Bank" ) to engage in 
foreign exchange business and issued a certificate of authorization 
therefor.

Article 4

The term "foreign exchange business" as used in these Regulations includes the 
following:
1.Export-related foreign exchange business;
2.Import-related foreign exchange business;
3.Outward and inward remittance business (including purchase and sale of foreign 
　currency cash and traveler's checks) ;
4.Foreign currency deposit business;
5.Foreign currency loan business;
6.Foreign currency guarantee business;
7.Foreign exchange derivatives business; and
8.Other foreign exchange businesses.

The term "foreign exchange derivatives" as used in these Regulations shall 
mean financial derivatives that involve foreign exchange and meet the definition 
provided in Article 2 of the Regulations Governing Internal Operating Systems 
and Procedures for Banks Conducting Financial Derivatives Business (hereinafter 
referred to as the "Regulations Governing Internal Operating Systems and 
Procedures"). 

The provisions of Paragraph 2 and Paragraph 3, Article 2 of the Regulations 
Governing Internal Operating Systems and Procedures shall apply mutatis mutandis 
respectively to the definitions of the terms "structured product" and "complex 
high-risk product" as used in these Regulations.

The provisions of Paragraph 1 of Article 3, Subparagraph 1 and Subparagraph 2, 
Paragraph 1, Article 3 of the Regulations Governing Internal Operating Systems 
and Procedures shall apply mutatis mutandis to the definitions of the terms 
"professional customer", "professional institutional investor" and "high net 
worth corporate investor" as used in these regulations.

The term "foreign exchange bank debentures" as used in these Regulations shall
mean debentures that involve foreign exchange and are issued in accordance with 
the Regulations Governing Issuance of Bank Debentures by Banks.

The term "involving foreign exchange" as used in these Regulations shall mean 
the product is denominated or settled in a foreign currency or is linked to a 
foreign exposure.

Article 5
Unless otherwise provided by other laws or the competent authorities,
banking enterprises shall maintain the confidentiality of customer 
information gathered from foreign exchange business, and shall adopt 
proper security measures in compliance with Paragraph 1, Article 27 
of the Personal Information Protection Act if personal information 
is involved.