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Laws and Regulations Database of the Central Bank of the Republic of China-Article Content

Title:Regulations Governing Foreign Exchange Business of Banking Enterprises Open new window for Chinese

Announced Date:July 23, 2003

Date:January 28, 2021(Effective from January 30, 2021)

[Print]

Chapter 2  Application for and Commencement of Foreign Exchange Business

〈Business Approval and Reporting for Record〉
Article 6
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.
For foreign exchange businesses that a banking enterprise may engage in after 
reporting to the Bank for record in accordance with these Regulations or other 
provisions of the Bank, such businesses shall be deemed to have been approved by 
the Bank after the banking enterprise has completed the reporting for record 
procedure according to rules.
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.

〈Scope of Business〉
Article 7
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.
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.
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.

〈Application Qualifications and Procedures〉
Article 8
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: 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 qualified professional foreign exchange personnel to conduct foreign  exchange businesses; and 3.Have not had any sanction or correction imposed by the competent authority due  to violation of financial regulations in the past year or during the period  from the date of establishment as approved by the competent authority to the  date of application, or have made concrete improvements recognized by the  competent authority if there has been any violation of financial regulations.

〈Application Documents〉
Article 9
A bank or Agricultural Bank intending to apply for approval to become an 
authorized bank shall submit the following documents:
1.A photocopy of business license issued and business items approved by the 
 competent authority;
2.Intended scope of foreign exchange business;
3.Names and locations of overseas correspondent banks;
4.Name of the responsible person in charge of foreign exchange business and 
 business address within the territory of the Republic of China;
5.Capital and working capital to be remitted to the territory of the Republic 
 of China, as well as sources and amounts of funds for the foreign exchange 
 business; 
6.Documents evidencing compliance with the provisions of the preceding article;
7.Business plan; and
8.Other data or documents specified by the Bank.
An authorized bank that subsequently intends to expand the scope of its foreign 
exchange business shall submit photocopies of approval documents from the 
competent authority and the curricula vitae of qualified foreign exchange 
business personnel deployed to apply to the Bank for approval and issue of a new 
certificate of authorization.

〈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 (hereinafter referred to as "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.

〈Personnel Qualifications〉
Article 11
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:
1.An operations personnel shall have at least three-month 
 experience in the relevant foreign exchange business.
2.An auditing personnel shall have at least six-month 
 experience in the relevant foreign exchange business.
For branches of an authorized bank that have been approved to engage in only 
purchase and sale of foreign currency cash and traveler's checks, their 
operations and auditing personnel shall have at least five business days of 
working experience in related foreign exchange business. 

〈Application for Foreign Exchange Derivatives Business〉
Article 12
An authorized bank that has been approved by the Bank to engage in foreign 
exchange derivatives business may offer the following foreign exchange 
derivatives without application:
1.Foreign exchange forward (excluding New Taiwan dollar (NTD) non-deliverable 
 forward).
2.Foreign exchange swap.
3.Combinations of foreign exchange derivatives not involving NTD exchange rate 
 that the authorized bank may engage in according to rules and that are linked 
 to the underlying asset with the same risk and combined through the same 
 transaction contract, but excluding complex high-risk products involving 
 foreign exchange that are offered to customers other than professional 
 institutional investors and high net worth corporate investors.
4.Foreign exchange derivatives transactions not involving NTD exchange rate 
 between domestic authorized banks and between a domestic authorized bank and 
 a foreign bank.
5.Domestic and foreign futures contracts not involving NTD exchange rate traded 
 by a futures trader.
An authorized bank that has been approved by the Bank to engage in foreign 
exchange derivatives business shall apply to the Bank for approval or report to 
the Bank for record based on the following criteria if it intends to offer the 
following foreign exchange derivative products:
1.Application for approval before commencing:
 (1)Foreign exchange derivatives not yet approved by the Bank or have been 
   approved for less than six months, and foreign exchange derivatives 
   linked thereof.
 (2)NTD non-deliverable foreign exchange forwards.
 (3)Foreign derivatives involving NTD exchange rate.
 (4)Discretionary foreign currency margin trading.
2.Reporting for record before commencing: The service of recommending those 
 foreign exchange derivative products by the designated branch of an authorized 
 bank under the authorization of its head office.
3.Reporting for record after commencing: 
 (1)Foreign exchange derivative products approved by the Bank for over six 
   months and not involving NTD exchange rate.
 (2)Foreign exchange derivative products offered 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 comply with the relevant rules of the competent authority.
 (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.
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.

〈Required Documentation for Application for Foreign Exchange Derivatives Business〉
Article 13
An authorized bank shall submit the following documents when applying to the 
Bank for approval to offer products 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 of the domestic bank or 
 Agricultural Bank to offer such products 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.
An authorized bank shall submit the following documents when reporting to the 
Bank for record to offer services 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 approval from the competent authority;
2.Minutes with the resolution of the board of directors of a domestic bank or 
 Agricultural Bank to offer such services 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.
Within one week of carrying out the first transaction involving a product under 
Item 1 or 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 continue to offer the product only after 
receiving a letter of acknowledgement from the Bank.
When an authorized bank offer services under Item 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 service.

〈Qualifications of Personnel Handling Foreign Exchange Derivatives Business〉
Article 14
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. 
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.
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.
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.

〈Application for Establishment of Foreign Currency Settlement Bank〉
Article 15
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.
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.
The designated period referred to in the preceding paragraph will 
be announced by the Bank.
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.

〈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.

〈Application for foreign currency denominated collective investment trust account and foreign currency denominated collective trust fund business 〉
Article 17  
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.
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.

〈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.

〈Establishment of Automatic Teller Machines〉
Article 18
To set up automatic teller machines to process foreign exchange businesses, an 
authorized bank shall meet all regulations set forth by the competent authority 
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 before offering the foreign exchange services.
If there are subsequently changes in the description of operations regarding 
principles of exchange rate determination, exchange rate disclosure methods,
foreign exchange declaration methods, or reduction in services offered, the 
authorized bank shall report to the Bank for record before the change takes 
place.
If an authorized bank subsequently sets up additional automatic teller machines 
or to close automatic teller machines for foreign exchange business, the 
authorized bank is only required to inform the Bank by submitting a document 
identifying the names of the offices controlling automatic teller machines and 
the location of setup or closing within one week after the setup or closing of 
automatic teller machines.

〈Foreign Exchange Businesses through Electronic or Communications Equipment〉
Article 19
When engaging in foreign exchange businesses through electronic or communications 
equipment, authorized banks and Chunghwa Post shall meet all regulations set 
forth by the Financial Supervisory Commission (hereinafter referred to as the 
"FSC") regarding he scope of services that may be provided by banks and apply to 
the Bank for approval. However, if the scope of service meets the provisions of 
the Bank, authorized banks or Chunghwa Post may proceed with those businesses 
without making an application or by reporting to the Bank for record.
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).
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.
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.
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.
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.

〈Application for Conducting Foreign Exchange Business during Non-standard Busnies〉
Article 20
 
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.
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.

〈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.

〈Application for Issuance of Foreign exchange Bank Debentures〉
Article 22
To issue foreign exchange 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 exchange convertible bank debentures, foreign exchange exchangeable bank debentures or other foreign exchange bank debentures involving equities outside the ROC should follow the provisions of the aforementioned regulations.

〈Application for Conducting Foreign Exchange Business by Non-authorized Banks〉
Article 23
 
Banking enterprises other than authorized banks that apply to the Bank for 
approval to engage in purchase and sale of foreign currency cash and traveler's 
checks shall proceed according to the following rules:
1.For domestic banks and their branches  or for foreign banks, their head office 
 or Taipei branch 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.
The provisions of Paragraph 2 of Article 11 herein shall apply mutatis mutandis 
to the qualifications of operations and auditing personnel handling the business 
mentioned in the preceding paragraph. 
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 Paragraph 1 of Article 11 herein 
shall apply to the qualifications of their operations and auditing personnel.

〈Relocation, Name Change or Closure〉
Article 24
When a banking enterprise that has been approved to engage in foreign exchange 
business pursuant to Article 9, Article 10 or Paragraph 1 and Paragraph 3 of the 
preceding article changes its address or name, the banking enterprise shall, 
within two weeks before or after the changes take effect, submit the following 
documents to the Bank to apply for a updated certificate of authorization or 
report to the Bank for record:
1.Chunghwa Post and its post offices: A photocopy of the letter of approval from 
 the FSC or the letter of approval from its head office; In the event of 
 relocation, the curricula vitae of operations and auditing personnel.
2.Banking enterprises other than those mentioned in the preceding subparagraph: 
 Approval documents from the competent authority, a photocopy of the updated 
 business license or the approval certificate received; in the event of 
 relocation, the curricula vitae of operations and auditing personnel. 
When a banking enterprise that has been approved to engage in foreign exchange 
business is closed, or terminates part or all of its foreign exchange business, 
the banking enterprise shall, within one week after the closure or termination, 
turn in the certificate of authorization to the Bank, or apply to the Bank for a 
updated certificate, or report to the Bank for record.

〈Application for Conducting Foreign Exchange Business during Non-standard Business〉
Article 25
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. 
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.

〈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.

〈Rejection of Application〉
Article 27
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 or false 
 documents are submitted;
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.
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 allow 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.

〈Suspension, Revocation or Cancellation of Approval〉
Article 28
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 documents submitted 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.
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.
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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