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

1. In addition to the provision of " Regulations Governing Banking Enterprises to Operate Foreign Exchange Business", banking enterprises shall comply with these Directions when operating foreign exchange business.

2. Banks approved by the Central Bank of the Republic of China(Taiwan)(hereinafter referred to as the Bank) to operate foreign exchange business (hereinafter referred to as authorized banks) shall abide by the following provisions when operating export foreign exchange business :

(1) Export Negotiation , Collections, and Factoring Business :

i.Documents Required: Operate on the basis of transaction documents provided by domestic customers.

ii.Certificates Issued : Issue an export negotiation certificate when foreign exchange earned from exports is exchanged into New Taiwan dollar; while other transaction certificates shall be issued when the foreign exchange is not sold for New Taiwan dollar. The above certificates may be produced in electronic documents.

iii.Reporting Documents: A daily transaction report shall be submitted to the Department of Foreign Exchange of the Bank on the first business day following the transactions in accordance with the following provisions :

(i) When a daily transaction report is submitted in written form, certificates issued when operating foreign exchange transactions in person and a list of foreign exchange transactions made via the Internet and relevant data on a [electronic] medium shall be attached to the report.

(ii) When a daily transaction report is submitted on a [electronic] medium, data in the form of the [electronic] medium concering the foreign exchange business shall be attached.

(2) Export Letter of Credit Advising and Confirming Business : Documents required: Operate in accordance with documents entrusted by foreign correspondent banks.

3. Authorized banks shall abide by the following provisions when operating import foreign exchange business :

(1) Documents Required: Issue letters of credit, collections and bills acceptance , and negotiations in accordance with transaction documents provided by domestic customers.

(2) Percentage of Margin Collected When Issuing a Letter of Credit: An authorized bank may decide of its own accord.

(3) Certificates Issued : Issue an import negotiation certificate when New Taiwan dollars are used to purchase foreign exchange needed for imports; issue other transaction certificates when the foreign exchange is not purchased with New Taiwan dollars. The above certificate may be produced in electronic document.

(4) Reporting Documents: A daily transaction report shall be submitted to the Department of Foreign Exchange of the Bank on the first business day following the transactions in accordance with the following provisions :

i.when a daily transaction report is submitted in written form, certificates issued when operating foreign exchange transactions in person and a list of foreign exchange transactions made via the Internet and relevant data on a [electronic] medium shall be attached to the report.

ii.When a daily transaction report is submitted on a [electronic] medium, data in the form of the [electronic] medium concerning the foreign exchange business shall be attached.

4. Authorized banks and post offices under the Chunghwa Post Co. Ltd. shall abide by the following provisions when performing ordinary outward and inward remittance business :

(1) Outward Remittance Business :

i.Documents Required: Operate in accordance with relevant documents filled out by a company, a firm, a association or individual, and inspect ID documents or basic registered information. In the case of a company, inspect the photocopy of company establishment registration table or the latest altered registration form, and query the company's basic registered information on the internet. If the foreign exchange is purchased with New Taiwan dollar, banking enterprises shall process the settlement in accordance with the "Regulations Governing the Declaration of Foreign Exchange Receipts and Disbursements or Transactions" (hereinafter referred to as Regulations 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 New Taiwan dollar. Other transaction certificates shall be issued when foreign exchange is not purchased with New Taiwan dollar. The above certificates may be produced in electronic document .

iii.Delivering the wire transfer: The wire transfer remittance shall show the full name, the account number, I.D. number and address of the remittor.

Ⅳ.Reporting Documents: A daily transaction report shall be submitted to the Department of Foreign Exchange of the Bank on the first business day following the transactions in accordance with the following provisions :

(i) When a daily transaction report is submitted in written form, certificates issued when operating foreign exchange transactions in person, a list of foreign exchange transactions made via the Internet and relevant data on an [electronic] medium, "Declaration Statement of Foreign Exchange Receipts and Disbursements or Transactions" (hereinafter referred to as Declaration Statement), documents approved by the Bank or other competent authorities, and other designated documents shall be attached to the report.

(ii) When a daily transaction report is submitted on a [electronic] medium, data in the form of the [electronic] medium concerning the foreign exchange services, a written Declaration Statement, documents approved by the Bank or other competent authorities, and other designated documents shall be attached to the report.

(2) Inward Remittance Business:

i.Documents required: Operate in accordance with inward remittance notice, foreign currency notes, or foreign currency banknotes provided by a company, a firm, a association , or individual, and inspect ID documents or basic registered information. In the case of a company, inspect the photocopy of company establishment registration form or the latest altered registration form, and query the company's basic registered information on the Internet . If the foreign exchange is sold for the New Taiwan dollar, the transaction shall be operated in accordance with the Regulations 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 New Taiwan dollar. Other transaction certificates shall be issued when foreign exchange is not sold for the New Taiwan dollar. The above certificates may be produced in electronic document.

iii.Reporting Documents: A daily transaction report shall be submitted to the Department of Foreign Exchange of the Bank on the first business day following the transactions in accordance with the following provisions :

(i) When a daily transaction report is submitted in written form, certificates issued when operating foreign exchange transactions in person, a list of foreign exchange transactions made via the Internet and relevant data on an [electronic] medium, Declaration Statement, documents approved by the Bank or other competent authorities, and other designated documents shall be attached to the report.

(ii) When a daily transaction report is submitted on a [electronic] edium, data in the form of the [electronic] medium concerning the foreign exchange business, a written Declaration Statement, documents approved by the Bank or other competent authorities, and other designated documents shall be attached to the report.

5. Authorized banks shall abide by the following provisions when operating foreign exchange deposit business :

(1) Dcuments Required: Operate in accordance with inward remittance notice, foreign currency loans, foreign currency notes, foreign currency banknotes, foreign exchange purchased with the New Taiwan dollar, and deposit documents.

(2) Operating Restrictions: Shall not be operated with checking deposits or negotiable certificates of deposit.

(3) Purchase and Sale Procedures: When the New Taiwan dollar is used to purchase foreign exchange for deposit and when funds from a foreign exchange deposit is sold for the New Taiwan dollar, banking enterprises shall handle the purchase and sale in accordance with the Regulations for Declaration and "Directions for Authorized Banks on Assisting Customers to Declare Foreign Exchange Receipts and Disbursements or Transactions."

(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) Certificate issued : A foreign exchange sale memo shall be issued when the deposited amount is purchased with the New Taiwan dollar. Other transaction certificates shall be issued when the foreign exchange is not purchased with the New Taiwan dollar. A foreign exchange purchase memo shall be issued when funds from a foreign exchange deposit are sold for the New Taiwan dollar. Other transaction certificates shall be issued when the foreign exchange is not sold for the New Taiwan dollar. The above certificates may be produced in electronic document.

(6) Reporting Documents: A daily transaction report and daily foreign exchange deposit report shall be submitted to the Department of Foreign Exchange of the Bank on the first business day following the transactions in accordance with the following provisions :

i.When a daily transaction report is submitted in written form, certificate issued when performing foreign exchange transactions in person, a list of foreign exchange transactions made via the Internet and relevant data on an [electronic] medium, Declaration Statement, documents approved by the Bank or other competent authorities, and other designated documents shall be attached to the report.

ii.When a daily transaction report is submitted on a [electronic] medium, data in the form of the [electronic] medium concerning the foreign exchange business, a written Declaration Statement, documents approved by the Bank or other competent authorities, and other designated documents shall be attached to the report.

6. Authorized banks shall abide by the following provisions when operating foreign currency loan business :

(1) Counterparties: limited to domestic customers.

(2) Documents Required: Operate in accordance with foreign transaction documents provided by the customer.

(3) Conversion Restrictions: Foreign currency loans shall not be converted to the New Taiwan dollar; this does not apply, however, to export foreign currency loans after exportation.

(4)Reporting Documents: With regard to the disbursement and repayment of foreign currency loans, daily transaction reports shall be filled out in accordance with the "Instructions for Completing Declaration on Short-, Medium-, and Long- Term Foreign Currency Loan Made by Authorized Banks" listed in Attachment 16; the balance of such loan at end of month shall be tabulated by category into short-, medium-, or long-term loan and submitted to the Department of Foreign Exchange of the Bank.

(5) External debts declaration: When it is learned in the course of operating foreign exchange business that a private enterprises has negotiated abroad a medium or long term foreign currency loan, the authorized bank shall urge the enterprise to operate in accordance with the "Directions for Declaring Medium- and Long-Term External Debts by Private Enterprises," and notify the Department of Foreign Exchange of the Bank.

7. When a company applying for a single import/export foreign currency loan that combines several import/export cases, the authorized bank shall operate according to the list of transaction documents provided by the company. Each transaction on the list shall be accompanied by a record of the name, number, and date of the transaction document, name of the foreign company involved, and the value of the transaction. The information indicated in the list concerning the transaction shall be authenticated. The company is required to preserve relevant transaction documents for reference.

8. Authorized banks shall abide by the following provisions when operating foreign currency guarantee business:

(1) Counterparties: Limited to domestic customers.

(2) Documents Required: Operate in accordance with documents provided by the domestic customers evidencing that there is a practical need for the foreign currency guarantee .

(3) Issuing of standby letter of credit: When issuing a standby letter of credit for a domestic customer to, directly or indirectly, guarantee the loan provided by an offshore financial institution to an offshore subsidiary (including subsidiaries located in Mainland China Area) of the domestic company, authorized banks shall carefully evaluate the financial status, business operation and the source used to repay the loan of the guaranteed offshore company.

(4) Exercise of Guaranteed Debt: Shall be processed by customers in accordance with the provisions of the Regulations for Declaration.

(5) Reporting Documents: The balance at the end of the month and the nature of guarantee shall be tabulated and submitted to the Department of Foreign Exchange of the Bank.

9. Financial institutions authorized by the Bank to engage in New Taiwan dollar non- discretionary trust funds for investment in foreign securities shall abide by the following provisions:

(1) Trust funds shall be received and redeemed in New Taiwan dollars instead of foreign currencies.

(2) Trustors are limited to the followings:

i.A domestic natural person or a foreign natural person who holds a Certificate of Residence in Taiwan or an Alien Resident Certificate.

ii.A domestic legal entity or a foreign legal entity recognized by the ROC government.

iii.People of Mainland China who are permitted to visit Taiwan and have opened New Taiwan dollar deposit accounts at domestic banks in accordance with regulations stipulated by the Financial Supervisory Commission of Executive Yuan.

iv.Other entities approved by the Financial Supervisory Commission of Executive Yuan or the Bank.

(3) Each trust fund entrusted by the trustor in Item 3 of the preceding Subparagraph shall not exceed the deposit balance in the account under the same Item.

(4) Reporting the relevant business information: Financial institutions engaged in the business shall report in accordance with the online procedure of "New Taiwan Dollar Non-discretionary Trust Funds for Investment in Foreign Securities Business."

10. Authorized banks approved by the Bank to engage in foreign currency trust funds earmarked for investing in foreign securities shall abide by the following provisions:

(1) Foreign currency trust certificates issued in the course of these businesses shall not be used as a basis for pledging New Taiwan dollar.

(2) Counterparties shall first open a foreign currency deposit account at the authorized bank.

(3) Trust funds shall be received and redeemed in the same foreign currency.

(4) Trustors of trust funds are limited to the following:

i.Persons indicated in Items 1, 2, and 4, Subparagraph 2, Direction 9.

ii.People of Mainland China who are permitted to visit Taiwan and have opened foreign currency deposit accounts at authorized banks in accordance with regulations stipulated by the Ministry of Finance.

(5) Each trust fund entrusted by the trustor in Subparagraph 2 of the preceding paragraph shall not exceed the deposit balance in the account under the same subparagraph.

(6) Reporting of relevant business information : Authorized banks shall report in accordance with the provisions of Subparagraph 4 of Direction 9.

11. Authorized banks approved by the Bank to engage in foreign currency ATM services shall abide by the following provisions:

(1) The cumulative daily amount of foreign currency banknotes withdrawn by cardholders shall be limited to the United States dollars 10,000 or the foreign currency equivalent per person. The equivalent value in New Taiwan dollar of the above foreign currency banknotes plus the value of New Taiwan dollar banknotes withdrawn by the same cardholder from ATMs on the same day shall not exceed the accumulated daily withdrawal limit for New Taiwan dollar banknotes set by the bank.

(2) An aggregate statement may be substituted for foreign exchange memos issued by the bank. The statement shall indicate the number of foreign currency purchase transactions, and their total value, made by ROC citizens and foreigners. It is not necessary to fill in the remittance serial number, customer's uniform number, amount of foreign currency,remittance classification and code number of remittance, and the beneficiary's region or nationality .

12. Authorized banks shall abide by the following provisions when operating negotiation of drafts and collections for triangular trades:

(1) Authorized banks operating negotiation of drafts in Taiwan for exports not originating in Taiwan shall indicate "triangular trade" or the letters "TAT" in the upper right-hand corner of any relevant export negotiation certificate issued .

(2) Authorized banks operating triangular trade cases involving the negotiation of drafts in Taiwan for exports by Taiwanese companies from Hong Kong may identify the goods originated from the Mainland China in accordance with export negotiation documents (such as certificate of origin, inspection certificate, an L/C indicating a Mainland China port as the export port while a B/L listing Hong Kong as the export port, a B/L listing Hong Kong as the export port while indicating Mainland China as the pick-up location...etc.), and are not required to fill out a Report of Taiwan Area Company Negotiation in Taiwan for Exports from Mainland China. "Mainland China Export" or the letters "MLE" shall also be indicated in addition to "triangular trade" or the letters "TAT" in the upper right-hand corner of the export negotiation certificate issued.

(3) Authorized banks shall require companies to fill out a "Report of Taiwan Area Company Negotiation in Taiwan for Exports from Mainland China" in triplicate before accepting Taiwan area companies investing and trading in the Mainland China to operate negotiation in Taiwan for exports from Mainland China.

i.Slip 1: Served as an attachment to the export exchange settlement letter of confirmation, and shall be submitted to the Department of Foreign Exchange of the Bank with the daily transaction report.

ii.Slip 2: Kept by the authorized bank.

iii.Slip 3: Given to the company for safekeeping and used as the basis for outward remittances. Authorized banks shall indicate the required information and affix the bank seal on the said three-slip form when operating negotiation procedures, and shall stamp the words "Negotiation in Taiwan for Exports from Mainland China" on the export negotiation certificate issued for the company.

(4) When authorized banks handle cases in which payment is received for orders placed in Taiwan for exports from Mainland China, and remittance is sent to Taiwan, a "Report of Taiwan Area Company Negotiation in Taiwan for Exports from Mainland China" shall be filled out as in the case for negotiation in Taiwan for exports from Mainland China after the company has received an inward remittance and attached the transaction documents related to the exports from Mainland China.

13. Authorized banks may issue triangular trade letters of credit not exceeding the negotiation amount of "Negotiation in Taiwan for Exports from Mainland China" when goods are shipped from a third region to Mainland China. Such letters of credit shall be issued in accordance with the following provisions:

(1) Counterparties: Limited to domestic companies already engaged in "Negotiation in Taiwan for Exports from Mainland China."

(2) The total value of the letter of credit plus the company's outward demittances to Mainland China shall not exceed the amount of negotiation in Taiwan for exports from Mainland China.

(3) Documents Required And Operating Procedures:

i.Authorized banks shall be given the original copy of slip 3 (company slip) of the "Report of Taiwan Area Company Negotiation in Taiwan for Exports from Mainland China" by the company when handling the case, and indicate the date of issuance and amount of the letter of credit on the Report, and affix the bank seal. After making a photocopy to serve as an attachment to the import negotiation certificate (or other transaction certificate) at the time of the company's first payment, the authorized bank shall submit the Report to the Department of Foreign Exchange of the Bank with the daily transaction report, and return the original copy of slip 3 to the company.

ii.The company shall simultaneously fill out the both slips of the "Report of Taiwan Area Company Applying for Issuance of Letter of Credit in Taiwan for Imports to Mainland China." The authorized bank shall indicate the letter of credit number, the company's payment date and amount, and affix the bank's seal when handling the case. Slip 1 shall be attached to the import negotiation certificate (or other transaction certificate ), and submitted to the Department of Foreign Exchange of the Bank with the daily transaction report (If the payment is made in installments, send a photocopy to the Department of Foreign Exchange of the Bank after indicating the company's payment date and amount on the Report for each payment, and send the original copy to the Department of Foreign Exchange of the Bank after the final payment has been made.). Slip 2 shall be kept by the authorized bank.

iii.Document annotations: Authorized banks operating this business shall indicate "triangular trade" or the letters "TAT" in the upper right-hand corner of the import negotiation certificate (or other transaction certificate ) to facilitate identification. Other triangular trade cases paid by Taiwan in L/C, D/A, or D/P shall also be handled accordingly.

(4) Authorized banks shall assess relevant risks and extend financing in a prudent manner when issuing letters of credit in triangular trade.

14. Banking enterprises shall abide by the following provisions when handling the purchase and sale of foreign currency banknotes and traveler's checks:

(1) Exchange rates shall be set in accordance with relevant regulations stipulated by the Department of Foreign Exchange of the Bank.

(2) The provisions of Item 1, Subparagraph 1, and Item 1, Subparagraph 2, Direction 4 are applicable to the said business .

(3) Authorized banks shall issue a foreign exchange sale (purchase) memo after accepting an application to purchase (or sell) foreign currency banknotes or traveler's checks. A Declaration Statement shall be filled out if a customer purchases (or sells) an amount of or over New Taiwan dollars 500,000.

(4) Banks that have not been authorized by the Bank to operate foreign exchange business (hereinafter referred to as "unauthorized banks"), credit cooperatives, and the credit departments of farmers' and fishermen's associations handling the purchase and sale of foreign currency banknotes and traveler's checks shall abide by the following provisions :

i.They may open foreign currency deposit accounts at authorized banks, but shall not establish correspondent relationships with foreign banks or other financial institutions.

ii.They may hold the maximum overbought position permitted by the Bank without exceeding the foreign currency risk limit prescribed by the Financial Supervisory Commission of Executive Yuan for financial institutions; the oversold foreign exchange position limit is zero.

iii.They may proceed to purchase (or sell) foreign exchange needed for working capital fromauthorized banks in accordance with the Regulations for Declaration. There is no limitation on the accumulated annual amount of this category of foreign exchange, but this business shall be clearly indicated on the Declaration Statement together with the said number assigned to approval document from the Bank.

15. Enterprises and card issuing banks operating international credit card, international finance card, or international account transfer card business shall apply to the Bank to handle the relevant foreign exchange business in writing from the head office for approval before commencing operation, and shall abide by the following provisions :

(1) Foreign natural persons may only be issued a card if they are at least 20 years of age and hold a Certificate of Residence in Taiwan or an Alien Resident Certificate. When renewing a card, the bank shall, by itself, ensure that such foreign natural person still lives in Taiwan, provided that, if the foreign natural person who has already changed his/her visa status generates enough income to secure the Bank’s rights within the territory of the Republic of China, a card may continue to be issued to such foreign natural person.

(2) When a credit card is issued to a natural person residing within the territory of the Republic of China who is less than 20 years of age and holds a citizen's ID Card,a Certificate of Residence in Taiwan or Alien Resident Certificate, the issuinginstitution may operate foreign exchange settlement on behalf of the cardholder if the cardholder does not incur charges exceeding New Taiwan dollars 20,000 of overseas expenditure via credit card.

(3) If a cardholder's settlement amount or qualifications fail to comply with the provisions of the Regulations for Declaration or these Directions, the financial institution shall cancel the cardholder's foreign exchange settlement.

(4) With regard to reporting cardholders' foreign exchange settlements by transaction or accumulated daily amount according to Regulations for Declaration, please send an itemized computer statement of all the relevant foreign exchange settlements during the previous month to the Department of Foreign Exchange of the Bank before the tenth day of each month, and designate a specific person to perform the relevant control tasks. Please securely preserve computer files containing itemized lists of cardholders' authorized foreign exchange settlement transactions (shall include columns for card type, bank code, serial number, transaction date, cardholders name or company name, ID card or profit-seeking enterprise uniform number, date of birth or date of establishment, amount of settlement in United States dollar, nationality, and date of issuance of Alien Resident Certificate) and total amounts of foreign exchange settlements.

16. Apart from clearly indicating the date of implementation, customer name, and uniform number, banking enterprises shall issue foreign exchange business certificates (see Attachment 17 for certificate format) in accordance with the following provisions:

(1) Imports/exports negotiation certificates and other transaction certificates connected with imports/exports foreign exchange:Please indicate the type of payment and the destination of payment or origin of receipt; the type of payment may be indicated with the following code: 1. for sight L/C, 2. for usance L/C, 3.for D/A, 4.for D/P. If Mainland China is the destination of payment or origin of receipt, the paying or receiving bank in Mainland China shall be noted, and may also be identified by the SWIFT code.

(2) Foreign exchange purchase or sale memos and other transaction certificates connected with inward and outward remittances: Apart from indicating the accordance with the " Classification and Description of Inward and Outward Remittance" listed in Attachment 18, banking enterprises shall also indicate the identity of the foreign ordering institution or beneficiary (government, state-run enterprise, private entity), destination of payment or origin of receipt, and the category of the remittance. The category of the remittance may also be indicated with the following code: electronic transfer - 0 for telegraphic, 1 for draft transfer, 2 for mail transfer, C for foreign currency banknotes or traveler's check, 5 for others. A foreign exchange purchase memo and other transaction certificates shall indicate the name of the ordering institution and the paying bank when a telegraph transfer is made, and the bank name may also be identified by SWIFT code. A foreign exchang e sale memo and other transaction certificates shall indicate the beneficiary's name, account number, and the name of the receiving bank, and the bank name may also be indicated by the SWIFT code.

Any foreign exchange business certificate issued in electronic form by banking enterprises shall comply with the relevant provisions of the " Digital Signature Act" and its Enforcement Rules.

With regard to the character codes and numerals on the certificate , please use English letters approved by the Department of Foreign Exchange of the Bank; numerals following the English character codes are limited to ten digits.

17. The format, contents, and completion instructions of designated foreign exchange business report forms are as follows:

(1) Daily Report of Foreign Exchange Position (Attachment 1).

(2) Daily Transaction Report of Export and Inward Remittances (Attachment 2).

(3) Daily Transaction Report of Import and Outward Remittances (Attachment 3).

(4) Daily Report of Foreign Exchange Deposits (Attachment 4).

(5) Daily Report of Forward Foreign Exchange (Attachment 5).

(6) Daily Transaction Report of NT Dollar Exchange Rate Options (Attachment 6).

(7) Daily Report of NT Dollar Non-Delivery Forward Foreign Exchange (on [electronic] medium) (Attachment 7).

(8) Daily Report of Foreign Liability Balance (Attachment 8).

(9) Monthly Report of Balance of Foreign Currency Loan and Foreign Currency Guarantee (Attachment 9).

(10) Monthly Report of Foreign Exchange Transactions Involving a Third Currency (Attachment 10).

(11) Report of Taiwan Area Company Negotiation of Drafts in Taiwan for Exports from Mainland China (Attachment 11).

(12) Report of Taiwan Area Company Applying for issuance of Letter of Credit in Taiwan for Imports to Mainland China (Attachment 12).

(13) Detailed Daily Table of Inward and Outward International Remittance Amounts (Attachment 13).

(14) Daily Transaction Report of Purchase and Sale of Foreign Currency Banknote and Traveler's Checks (Attachment 14).

The Department of Foreign Exchange of the Bank shall define the format of electronic data files accompanying the transaction reports to be sent by banking enterprises.

18. Relevant operating manuals and explanatory information designated by the Bank are as follows:

(1) Large Spot and Forward Transactions Online Information Transmission System Operating Manual (Attachment 15).

(2) Instructions for Completing Daily Transaction Reports on Short, Medium, and Long Term Foreign Currency Loans Made by Authorized Banks (Attachment 16).

(3) Formats of Various Certificates Issued in Connection with the Foreign Exchange Business (Attachment 17).

(4) Classification and Description of Inward and Outward Remittances (Attachment 18).

19. Lists of Internet foreign exchange transactions and electronics documents on [electronic] media shall be preserved for at least five years.