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

Title:Directions Governing Authorized Banks for Operating Foreign Exchange Businesses through Electronic or Communications Equipment Open new window for Chinese

Announced Date:Prescribed on January 4, 2018(Effective from January 6, 2018 )

Date:Fabruary 15, 2019(Effective from Fabruary 17, 2019)

[Law Basis] [Print]

〈Applicable Regulations〉
1.Authorized banks operating foreign exchange businesses through electronic or 
 communications equipment shall observe the Directions in addition to complying 
 with the Regulations Governing Foreign Exchange Businesses of Banking 
 Enterprises (hereinafter referred to as Governing Regulations), Directions 
 Governing Banking Enterprises for Operating Foreign Exchange Businesses, 
 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.
[Related Regulations]

〈Terms and Definitions〉
2.The declaration of foreign exchange settlement against NTD through the Internet 
 specified in the Directions refers to declarations made to the Central Bank of 
 the Republic of China (Taiwan) (hereinafter referred to as the Bank) through 
 electronic document in accordance with Paragraph 1, Article 10 of the 
 Regulations for Declaration.

〈Scope of Businesses without Making an Application〉
3.An authorized bank may engage in foreign exchange businesses within the scope 
 provided below through electronic or communications equipment without making 
 an application: 
 (1)Foreign exchange businesses already approved by the Bank or reported to the 
   Bank for record that do not involve the declaration of foreign exchange 
   settlement against NTD through the Internet. However, foreign exchange 
   derivatives businesses shall be limited to those that do not involve the 
   NTD exchange rate and those of the same kind of foreign exchange derivatives 
   that are not traded for the first time.
 (2)An authorized bank which has been approved by the Bank or reported to the 
   Bank for record to engage in foreign exchange businesses through electronic 
   or communications equipment within the scope of Point 4 of the Directions 
   may provide customers with optional selections of the nature of remittance 
   within the scope of Point 6 of the Directions.
 (3)Non-electronic transfer of funds and non-transaction instruction set out in 
   the Standards for the Security Management Operation of Electronic Banking 
   Business of Financial Institutions (hereinafter referred to as Standards 
   for Security Management) by the Bankers Association of the Republic of 
   China (hereinafter referred to as Bankers Association).
 An authorized bank may engage in the abovementioned foreign exchange businesses 
 with the following counterparties:
 (1)Companies, limited partnerships, firms, associations, representative 
   offices, business offices, and individuals defined in Article 3 of the 
   Regulations for Declaration.
 (2)Individuals under the age of 20 who have applied for the household 
   registrations and received the national identification cards of the Republic 
   of China or hold the household certificates or household certificate 
   transcripts, or have received the Resident Certificates of Taiwan Area or 
   Alien Resident Certificates valid for no less than one year.
 (3)Non-resident natural persons holding the Resident Certificates of Taiwan 
   Area or Alien Resident Certificates valid for less than one year.
 (4)Non-resident natural persons holding the identification cards issued by the 
   Ministry of Foreign Affairs in accordance with the Directions for Issuing 
   Identification Cards to the Staff of Diplomatic Missions in the Republic 
   of China (Taiwan) and Their Family Members.
 Order watch transactions or the click-and-deal of spot exchange rate provided 
 by an authorized bank through electronic or communications equipment shall be 
 limited to foreign exchange businesses not involving foreign exchange 
 derivatives and the NTD exchange rate.
 The click-and-deal function of spot exchange rate specified in the preceding 
 paragraph refers to foreign exchange spot transactions carried out through 
 electronic or communications equipment with the operating procedures which 
 set the foreign exchange rate before filling out relative information of
 foreign exchange receipts and disbursements or transactions.

〈Scope of Businesses Requiring Reporting for Record〉
4.When an authorized bank engages in foreign exchange businesses through 
 electronic or communications equipment within the scope provided below, the 
 authorized bank shall report to the Bank for record two weeks before 
 commencing businesses:
 (1)Foreign exchange businesses already approved by the Bank or reported to the 
   Bank for record that involve the declaration of foreign exchange settlement 
   against NTD through the Internet for the first time in accordance with 
   Paragraph 1, Article 4 or Article 5 of the Regulations for Declaration. 
   However, foreign exchange derivatives businesses shall be restricted to 
   those that do not involve the NTD exchange rate and those of the same kind 
   of foreign exchange derivatives that are not traded for the first time.
 (2)An authorized bank which has been approved by the Bank or reported to the 
   Bank for record to engage in foreign exchange receipts and disbursements or 
   transactions involving the declaration of foreign exchange settlement 
   against NTD through the Internet in accordance with Paragraph 1, Article 4 
   of the Regulations for Declaration expands its business to cover foreign 
   exchange receipts and disbursements or transactions involving the 
   declaration of foreign exchange settlement against NTD through the Internet 
   in accordance with Article 5 of the Regulations for Declaration.
 The service hours for an authorized bank to engage in foreign exchange 
 businesses specified in the preceding paragraph are 9:00AM to 3:30PM on banking 
 days.

〈Control of Breaking up Large Settlements and Verification of Documents〉
5.An authorized bank engaging in foreign exchange businesses through electronic 
 or communications equipment shall combine the settlement amounts against NTD 
 carried out over the counter and through electronic and communications 
 equipment (not including the settlement amounts of foreign currency cash 
 withdrawals via automatic teller machines) by the same customer on the same 
 contract day (i.e. transaction day) to prevent the customer from breaking up 
 a large settlement amount into smaller ones to evade the declaration, enquiry 
 and count towards the annual aggregate    settlement amount, and verification 
 of supporting documents in accordance with the Regulations for Declaration and 
 other applicable regulations.
 An authorized bank engaging in foreign exchange receipts and disbursements or 
 transaction involving the foreign exchange settlement against NTD with a value 
 equal to or over an equivalent of NTD 500,000 through electronic or 
 communications equipment shall abide by the following provisions in addition 
 to the provisions of the preceding paragraph:
 (1)Transactions involving the declaration of foreign exchange settlement 
   against NTD through the Internet:
   A.Before 3:30PM on the contract day (i.e. transaction day), an authorized 
    bank shall confirm a match for the customer’s electronic signature on 
    the Declaration Statement of Foreign Exchange Receipts and Disbursements 
    or Transactions (hereinafter referred to as Declaration Statement).
   B.For transactions where the settlement amount shall be counted towards the 
    customer's annual aggregate settlement amount, when the combined 
    settlement amount reaches an equivalent of NTD 500,000, an authorized 
    bank shall, after verifying the customer’s electronic signature on the 
    Declaration Statement, immediately enquire and count the combined 
    settlement amount towards the customer's annual aggregate settlement 
    amount, and keep the record with the Declaration Statement.
   C.The bank's online banking and mobile banking systems shall provide a 
    function for the customer to print out the Declaration Statement.
 (2)Transactions not involving the declaration of foreign exchange settlement 
   against NTD through the Internet:
   A.An authorized bank shall accept the customer's instructions and obtain 
    the Declaration Statement signed by the customer on the contract day 
    (i.e. transaction day); if the original document of the Declaration 
    Statement is not obtained on the contract date, it shall request the 
    customer to provide the original statement no later than the settlement 
    date. 
   B.For transactions where the settlement amount shall be counted towards the 
    customer's annual aggregate settlement amount, when the combined 
    settlement amount reaches an equivalent of NTD 500,000, an authorized 
    bank shall enquire and count the combined amount towards the customer's 
    annual aggregate settlement amount on the contract day (i.e. transaction 
    day), and keep the relevant record to facilitate the post-transaction 
    examination.
 (3)When the combined settlement amount of the same customer in a single or 
   multiple transactions of the same nature of remittance carried out over the 
   counter or through electronic and communications equipment on the same 
   contract day reaches the large settlement amount, an authorized bank shall 
   immediately request and verify the relevant supporting documents.
 (4)For foreign exchange receipts and disbursements or transactions that fall 
   under Subparagraph 3 to 5, Article 5 of the Regulations for Declaration, an 
   authorized bank shall immediately request and verify the relevant supporting 
   documents at the time of deciding the exchange rate with the customer.

〈Nature of Remittance and Verification Mechanism〉
6.The nature of remittance chosen by a customer through electronic or 
 communications equipment of an authorized bank shall not exceed the content 
 of the Authorized Banks' Code of Remittance Classification for Electronic or 
 Communications Equipment. The system of an authorized bank shall have the 
 following functions and verification mechanism: 
 (1)When the nature of remittance falls under the category of "others", the 
   system of the authorized bank shall list the actual description or content 
   of the remittance for its customer to select.
 (2)The system of the authorized bank shall distinguish the nature of remittance 
   applicable to different types of customers.
 (3)The standards for logic check on the customer's identity and various 
   certificate numbers shall be established in accordance with the Guidelines 
   for Computer Verification of Transaction Information prescribed by the Bank.
 The code of remittance classification mentioned in the preceding paragraph will 
 be separately prescribed by the Bank.

〈Exchange Rate Determination〉
7.The exchange rates offered by an authorized bank for foreign exchange 
 businesses through electronic or communications equipment shall be decided 
 according to the following rules:
 (1)The authorized bank shall draw up the principle of exchange rate 
   determination for currency conversions and provide reference exchange rates 
   at the transaction interface.
 (2)The exchange rate for a scheduled transaction shall be determined on the 
   day the transaction is actually executed and shall not be determined at 
   the time the transaction is scheduled.

〈Position Covering during Business Hours〉
8.An authorized bank that engages in foreign exchange businesses through
 electronic or communications equipment shall assign its own personnel for 
 position covering within the bank's business hours.

〈Compliance Verification before the Commencement of Business〉
9.Before an authorized bank engages in foreign exchange businesses through 
 electronic or communications equipment, its compliance, audit and information 
 departments shall make sure the operation of businesses complies with the 
 regulations set out in Point 1, Regulations Governing Internal Operating 
 Systems and Procedures for Banks Conducting Financial Derivatives Business 
 established by the Financial Supervisory Commission (hereinafter referred to 
 as the FSC), and self-regulation for Banks Conducting Financial Derivatives 
 and Standards for Security Management of Bankers Association, and step up the 
 operation of customer due diligence, money laundering control, terrorist 
 financing prevention and customer rights protection in accordance with the 
 Money Laundering Control Act, Counter-Terrorism Financing Act and relevant 
 regulations of internal control and audit set out by the FSC.

〈Internal Audit before Commencing Foreign Exchange Businesses〉
10.An authorized bank shall include foreign exchange businesses through 
  electronic or communications equipment as part of its internal audit and 
  carry out such audit.

〈Monthly Report on Electronic Banking Businesses in Operation〉
11.An authorized bank shall fill out the monthly report on electronic banking 
  businesses in operation in accordance with the format prescribed by the Bank.
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