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Laws and Regulations Database of the Central Bank of the Republic of China-Related Regulations

Title:Directions Governing Banking Enterprises for Operating Foreign Exchange Business Open new window for Chinese

Announced Date:August 6, 2003

Date:Amended on January 4, 2018(effective from January 6, 2018 )

[Print]

〈Outward and inward remittance business〉
 Article 4
4.Authorized banks and post offices under the Chunghwa Post Co. Ltd. shall act 
 in accordance with the Money Laundering Control Act, Terrorism Financing 
 Prevention Act and relevant regulations and, in addition, abide by the 
 following provisions when performing domestic and cross-border outward and 
 inward remittance businesses except the transfer of funds and settlement 
 between a financial institution and another financial institution where both 
 institutions are acting on their own behalf:
(1) Outward Remittance Business:
 i. Documents required: Operate in accordance with relevant documents filled 
  out by the customer and inspect ID documents or basic registered 
  information. In the case of a company, limited partnership or firm, query 
  the “company registration inquiry” section, "limited partnership 
  registration inquiry” section or “business registration inquiry” section 
  on the Commerce Industrial Services Portal of the Ministry of Economic 
  Affairs to confirm the basic registered information of the company, limited 
  partnership or firm. Banking enterprises conducting the outward remittance 
  business involving the foreign exchange settlement against NTD with the 
  value equal to or over an equivalent of NTD 500,000 shall comply with the 
  Regulations Governing the Declaration of Foreign Exchange Receipts and 
  Disbursements or Transactions (hereinafter referred to as Regulations for 
  Declaration) and Directions for Banking Enterprises while Assisting 
  Customers to Declare Foreign Exchange Receipts and Disbursements or 
  Transactions (hereinafter referred to as Directions for Declaration) and 
  assist the declarant to make a detailed and accurate declaration.
 ii. Certificates issued: A foreign exchange sale memo shall be issued when the 
   foreign exchange is purchased with NTD. Other transaction certificates 
   shall be issued when the foreign exchange is not purchased with NTD.
iii. Delivering wire transfers: Wire transfer remittances shall include the 
   required and accurate information of the originator and the required 
   information of the beneficiary.
iv. Providing information: Upon receiving a request from the Bank or the 
  beneficiary bank, provide the originator and beneficiary information 
  available within three (3) business days. However when a prosecutors office 
  or judicial police office requests the immediate provision of relevant 
  information, respond accordingly.
(2) Inward Remittance Business:
 i. Documents required: Operate in accordance with the inward remittance 
   notices, foreign currency notes, or foreign currency banknotes, and inspect 
   ID documents or basic registered information. In the case of a company, 
   limited partnership or a firm, query the “company registration inquiry” 
   section, "limited partnership registration inquiry” section or “business 
   registration inquiry” section on the Commerce Industrial Services Portal 
   of the Ministry of Economic Affairs to confirm the basic registered 
   information of the company, limited partnership or firm. Banking 
   enterprises conducting inward remittance businesses involving the foreign 
   exchange settlement against NTD with the value equal to or over an 
   equivalent of NTD 500,000 shall comply with the Regulations for Declaration 
   and Directions for Declaration, and assist the declarant to make a detailed 
   and accurate declaration.
 ii. Certificates issued: A foreign exchange purchase memo shall be issued when 
   the foreign exchange is sold for NTD. Other transaction certificates shall 
   be issued when foreign exchange is not sold for NTD. 
iii. Take the following risk control measures:
 (i) Take reasonable measures, including post-event monitoring or real-time 
   monitoring where feasible, to identify wire transfers that lack the 
   required originator or beneficiary information.
 (ii) Implement risk-based policies and procedures to determine when to execute, 
   reject, or suspend a wire transfer lacking the required originator or 
   beneficiary information and implement an appropriate follow-up action 
   where the originator or beneficiary information is insufficient.
(3)Intermediary financial institution:
 i. A financial institution that is an intermediary institution shall retain 
   all the wire transfer originator and beneficiary information accompanying 
   the wire transfer.
 ii. Where technical limitations prevent the required information accompanying 
   a cross-border wire transfer from being imported to the corresponding 
   domestic wire transfer, according to the Money Laundering Control Act and 
   relevant regulations, the receiving intermediary financial institution 
   shall retain the records of all the information received from the ordering f
   inancial institution or another intermediary financial institution.
iii. Items 3 of the preceding Subparagraph shall apply mutatis mutandis.
(4) Data reporting: A daily transaction report and relevant detailed information 
  shall be submitted to the Bank’s Foreign Exchange Data Processing System on 
  the next business day following each transaction day.
The term " originator and beneficiary information " referred to in Items 3 and 
4, Subparagraph 1, and Items 3, Subparagraph 2, and Subparagraph 3 of the 
preceding paragraph shall mean:
(1)Originator information:
 i. Name.
 ii. Account number. In the absence of an account, a unique transaction 
   reference number shall be included to facilitate the traceability of the 
   transaction.
iii. Address. The ordering bank could decide whether to replace address with 
   unified business number, national identification number, passport number, 
   resident certificate number, or date and place of birth.
(2)Beneficiary information:
 i. Name.
 ii. Account number. In the absence of an account, a unique transaction 
   reference number shall be included to facilitate the traceability of the 
   transaction.
[Related Regulations]

〈Foreign exchange deposit business〉
 Article 5
5.Authorized banks shall abide by the following provisions when operating the 
 foreign exchange deposit business:
 (1)Documents Required: Operate in accordance with the inward remittance 
  notices, foreign currency loans, foreign currency notes, foreign currency 
  banknotes, foreign exchange purchased with NTD, and deposit documents.
 (2)Operating Restrictions: Shall not be operated with checking deposits.
 (3)Purchase and Sale Procedures: In the case that NTD is used to purchase the 
  foreign exchange for deposit or when funds from a foreign exchange deposit 
  is sold for NTD, authorized banks shall conduct the purchase or sale with 
  the value equal to or over an equivalent of NTD 500,000 in accordance with 
  the Regulations for Declaration and the Directions for Declaration.
 (4)Foreign Currency Deposit Transfers: Shall be performed by authorized banks; 
  transferees shall deposit the foreign exchange received in a foreign 
  currency deposit account at an authorized bank.
 (5)Foreign Currency Time Deposit Pledge: The customer may pledge his/her own 
  foreign currency time deposit to borrow in foreign currency.
 (6)Certificates issued: A foreign exchange sale memo shall be issued when the 
  deposited amount is purchased with NTD. Other transaction certificates 
  shall be issued when the foreign exchange is not purchased with NTD. A 
  foreign exchange purchase memo shall be issued when the fund from a foreign 
  exchange deposit is sold for NTD. Other transaction certificates shall be 
  issued when the foreign exchange is not sold for NTD.
 (7)Data reporting: A daily transaction report as well as relevant detailed 
  information, and daily foreign exchange deposit report shall be submitted 
  to the Bank’s Foreign Exchange Data Processing System on the next business 
  day following each transaction day.
Authorized banks that accept applications to open digital foreign currency 
deposit accounts over the Internet shall abide by the following provisions in 
addition to the provisions of the Template of the Operations of Banks Accepting 
Customer’s Application to Open Digital Deposit Accounts over the Internet 
(hereinafter referred to as Operations Template) set out by the Bankers 
Association of the Republic of China:
(1)Counterparties: Individuals who have reached the age of 20 and received the 
  national identification card of the Republic of China as provided in the 
  Operations Template.
(2)Types of account: The types of account shall be in accordance with the 
  descriptions in Article 4 of the Operations Template.
(3)Scope of Business: Businesses conducted over the counter or through 
  electronic and communications equipment that have been approved by the Bank, 
  reported to the Bank for record, and businesses that may be conducted 
  without making an application. These businesses shall comply with the scope 
  of service provided in Article 4 of Operations Template.
(4)Procedure for commencing the business: An authorized bank shall submit a 
  written application together with a regulatory compliance statement (signed 
  by the head office chief compliance officer, chief auditor and head of 
  information department) to the Bank for record two weeks before commencing 
  the business.
(5)Data reporting: An authorized bank shall submit the end-of-month balance and 
  number of accounts to the Department of Foreign Exchange of the Bank.
[Related Regulations]

〈Credit card, ATM card, and debit card business〉
 Article 14
14. For an entity engaging in the credit card, ATM card, debit card or cash card 
  business involving foreign exchange, its head office shall report to the 
  Bank for record before commencing the business. For credit card and debit 
  card businesses related to Mainland China Area, an approval letter should 
  be obtained from FSC before commencing the business. All shall abide by the 
  following provisions:
 (1)When issuing a card to a foreign natural person, the card-issuing 
  institution shall strengthen the credit check and repayment evaluation of 
  the cardholder, and pay attention to the risks.
 (2)For transactions involving the foreign exchange settlement against NTD, the 
  Regulations for Declaration and other relevant regulations should be 
  followed.
[Related Regulations]
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