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

Title:Regulations Governing Foreign Exchange Control Open new window for Chinese

Date:July 02, 1997

[Law Basis] [Print]

Article 1
 The Regulations are prescribed pursuant to the provision of Paragraph 2, Article 19-1 of Foreign Exchange Control Act (hereinafter referred as the Act).
Article 2
 In the event that any of the situations described in Paragraph 1, Article 19-1
of the Act arises, the Executive Yuan may decide and announce with a public
notification to adopt any or all of the following measures for a specific time
period:
 1.Suspend or restrict trading of foreign exchange futures and forward contracts.
 2.Suspend or restrict purchase of foreign exchange for overseas securities
  investment.
 3.Suspend or restrict purchase of foreign exchange for payment of principals and
  interest of foreign loans.
 4.Suspend or restrict purchase of foreign exchange for outward direct investment.
 5.Suspend or restrict purchase of foreign exchange for other capital transactions.
 6.Suspend or restrict outward remittance of foreign exchange deposits relevant to
  the capital transactions mentioned in Items 1-5.
Article 3
 In the event that any of the situations described in Paragraph 1, Article 19-1
of the Act arises, the Executive Yuan may also announce with a public notification,
if deemed necessary, to adopt any or all of the following measures for a specific
time period in conjunction with the measures(s) specified in the preceding article:
 1.Order that all or part of foreign exchange incomes be sold to the Central Bank
  of the Republic of China(Taiwan) or any bank authorized by the Central Bank 
  of the Republic of China(Taiwan), or be deposited in any bank authorized by 
  the Central Bank ofthe Republic of China(Taiwan).
 2.Request that payment of foreign exchange for the imported goods, service,
  income or gratuitous transfers shall not be made without approval.
 3.Close the foreign exchange market.
Article 4
 The measures taken as provided in Article 2 and Item 2 of Article 3 shall be
applicable to the companies, businesses, associations or individuals that make
payment by foreign exchange or conduct foreign exchange transactions within the
territory of the Republic of China.
 The measures taken as provided in Item 1 of Article 3 shall be applicable to
the companies, businesses, associations or individuals within the territory of
the Republic of China.
Article 5
 The term "a specified time period" depicted in Articles 2 and 3 refers to a
period that shall not be longer than one month.
 The specified period stipulated pursuant to the provision of the preceding
paragraph shall not be longer than 20 days, provided the Legislative Yuan is not
in session.
 The measures adopted under Articles 2 and 3 and the period specified under this
Article shall be reported to the Legislative Yuan for ratification within 10 days
after such measure or period has been decided. In the event that the Legislative
Yuan does not approve such measure or period, the decision made by the Executive
Yuan shall be void immediately

Article 6
 Intentional violation of the measures taken pursuant to the Regulations herein shall be punishable pursuant to the provision of Paragraph 1, Article 19-2 of the Act. Notwithstanding of the foregoing provision, the violator shall be exempt from punishment provided the Legislative Yuan disapproves of the subsequent recognition of the measures.

Article 7
 These Regulations shall become effective on the date of promulgation.
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