Title:Directions for Banking Enterprises on Assisting Customers to Declare Foreign Exchange Receipts and Disbursements or Transactions Inactive Regulations
Announced Date:November 18, 1998
Date:April 07, 2004
1. Banking enterprises shall assist customers to make truthful declarations pursuant to the Regulations Governing the Declaration of Foreign Exchange Receipts and Disbursements or Transactions (hereinafter referred to as "the Regulations for Declaration") when customers settle foreign exchange against the New Taiwan dollar.
2. Banking enterprises that engage in foreign exchange settlement against the New Taiwan dollar business in accordance with Subparagraph 3, Paragraph 1, Article 4 of the Regulations for Declaration shall enquire online about accumulated settlement amount of the current year, and:
(1) Banking enterprises shall prevent the declarant from using third party names to make declaration.
(2) The settlement amount limit of a person who holds an Alien Resident Certificate with less than one year validity shall be handled on the same basis as that of a non-resident, and the banking enterprise is not required to enquire online about the accumulated settlement amount of the current year.
(3) An individual who holds a certificate of Overseas Chinese(issued by the Overseas Chinese Affairs Commission) and a document certifying the purchase of real estate in the territory of the R.O.C. shall be entitled to the annual aggregate settlement amount of a resident (hereinafter referred to as "Annual Aggregate Settlement Amount") as provided in Subparagraph3, Paragraph 1, Article 4 of the Regulations for Declaration. But the nature of the foreign exchange settlement shall be related to the purchase of real estate.
(4) A declarant may settle the inward remittance which has originally been remitted out of the R.O.C. and counted toward the declarant's Annual Aggregate Settlement Amount ; then the aggregate settlement amount restrictions stipulated by Subparagraph 3, Paragraph 1, Article 4 of the Regulations for Declaration are not applicable, and it is not required to enquire the accumulated settlement amount of the current year. In addition, the banking enterprise shall write down the amount and the date of foreign exchange sale of inward remittances on the declarant's original Foreign Exchange Sale Memo, affix the signature/seal, and retain a photocopy for future reference.
(5) The enquired accumulated settlement amount of the current year shall be printed out on the banking enterprise's receipt slip of the Declaration tatement of Foreign Exchange Receipts and Disbursements or Transactions (hereinafter referred to as " Declaration Statement") to facilitate on-site examination by the Central Bank of the Republic of China (Taiwan)(hereinafter referred to as "the Bank") and other financial auditing authorities.
3. Banking enterprises that engage in foreign exchange settlement against the New Taiwan dollar in accordance with Subparagraph 4, Paragraph 1, Article 4, of the Regulations for Declaration shall be aware that the settlement amount for a single transaction is limited to a maximum of US dollars 100,000, and shall strive to prevent declarants from breaking up large settlements into smaller ones to avoid the provision of Article 6 of the Regulations for Declaration specifying that large amount foreign exchange settlement may be completed only after obtaining the Bank's approval. Banking enterprises that engage in foreign exchange settlement against the New Taiwan dollar in accordance with Paragraph 3, Article 5 of the Regulations for Declaration shall be aware that the accumulated settlement amount shall not exceed the limit approved by the competent authorities.
7. When processing settlements related to loans and subsequent outward remittances of repayments of principal and interest that a company borrows from its overseas (including Mainland China and other third areas) subsidiary in which the foreign investment of the company has been approved by (reported to) the Investment Commission of the Ministry of Economic Affairs :
(1) For settlements of funds borrowed abroad and remitted into Taiwan: Banking enterprises shall verify the letter from the Investment Commission of the Ministry of Economic Affairs approving the company to invest in Mainland China (or a third area) and documents evidencing the loan from its overseas subsidiary. Banking enterprises may process the settlement after verifying that the "Declaration Form for Loans Received by Taiwan Companies from Mainland China Subsidiaries" or the "Declaration Form for Loans Received by Taiwan Companies from Third Area Subsidiaries" (in triplicate, see Attachments 1, 2) are correct. The amount of inward remittances of principal of loans shall not be counted toward the company's accumulated settlement amount of the current year.
(2) For the settlement of the repayment of principal and interest to be remitted to Mainland China (or a third area): A company may present the third slip of the aforementioned original "Declaration Form for Loans" issued by a banking enterprise when purchasing foreign exchange for the repayment of principal and interest. Foreign exchange purchased for the repayment of principal and interest shall not be counted toward a company's accumulated settlement amount of the current year.
8. Banking enterprises shall assist the declarant to truthfully fill out the "declarant's ID number" on the Declaration Statement in accordance with the following provisions:
(1) For a company, a firm or an association established in the R.O.C. pursuant to the laws of the R.O.C. or recognized by and registered with the Government of the R.O.C.:
i.A company or a firm:Write down Uniform No. provided by the competent authorities.
ii.An association: Indicate the Uniform No. on an establishment certificate issued by the competent authorities. If the establishment certificate issued by the competent authorities does not bear a Uniform No., the association shall indicate the name of the competent authorities approving its registration and its registration certificate number. To facilitate the settlement statistics according to the declarants through the year, the association shall also indicate the withholding tax uniform number assigned by the tax authorities.
(2) For an individual over 20 years of age who holds a citizen's ID Card, a Taiwan Resident Certificate, or an Alien Resident Certificate with validity of at least one year:
i.An individual with a citizen's ID Card:Write down the citizen's ID No.
ii.Holders of Taiwan Resident Certificates issued by the Entry and Exit Service Bureau of the National Police Administration of the Ministry of the Interior: Indicate Resident Certificate number (or uniform identification number) and date of birth in the column of "ROC Citizen" on the Declaration Statement. Holders of old certificates shall put down the Resident Certificate number, for instance, "89-Chu-Tzu No. 12345678" shall be put down as "8912345678" (10 digits) into the computer. If the old certificate bears a uniform identification number, or if the person holds a new certificate, the declarant shall indicate his or her uniform identification number, for example AA12345678, then the numbers (10 digits) shall be input into the computer.
iii.Holders of Alien Resident Certificates issued by city/county police bureau: Indicate the Alien Resident Certificate number (or uniform identification number), the date of issuance, date of expiry, and date of birth in the column of "Foreign Individual" on the Declaration Statement. Holders of old Alien Resident Certificates shall indicate the certificate number, for example " A123456", these digits shall be put down prefixed by the appropriate area code: TP (Taipei City), TW Taiwan Province) or KS (Kaohsiung City). But if the old certificate bears a uniform identification number or the person holds a new certificate, the declarant shall indicate his or her uniform identification number, for example "AC12345678", then the numbers (10 digits) shall be input into the computer.
iv.Holders of Certificates of Overseas Chinese and documents certifying the purchase of real estate in the territory of the ROC issued by the Overseas Chinese Affairs Commission: Indicate the Certificate of Overseas Chinese number in the column of ROC citizen on the Declaration Statement and affix the certificate number in the document certifying the purchase of real estate for the verification of future foreign exchange settlements. Indicate the document number for example (91) Tai-Chiao-Cheng-Tzu No. 0911234567, then the numbers (10 digits) shall be input into the computer.
(3) For People from the Mainland China Area, residents of Hong Kong and Macau, or non-resident natural persons who do not hold Taiwan Resident Certificates or Alien Resident Certificates, or if the validity of certificate is less than one year:
i.For people from the Mainland China Area holding a Taiwan Entry and Exit Permit or a Taiwan Resident Certificate, and residents of Hong Kong or Macau holding a Taiwan Entry and Exit Permit: Indicate the person's uniformidentification number in the column, "Passport Number" under "Foreign Individual" " Without Alien Resident Certificate" on the Declaration Statement. If the declarant does not have a uniform identification number, indicate the Permit number or Resident Certificate number.
ii.Foreign passport holders: Indicate nationality and passport number in the "Without Alien Resident Certificate" Subparagraph of the "Foreign Individual" column on the Declaration Statement.
iii.Persons who hold ROC passports issued by the Ministry of Foreign Affairs but do not have citizens' ID Cards: Indicate the passport number in the "Without Alien Resident Certificate" Subparagraph of the "Foreign Individual" column on the Declaration Statement; indicate the country where passport was issued in the "Nationality" item and annotate the passportissuing authorities. iv.People of the Mainland Area holding Taiwan Travel Permits issued by the Ministry of the Interior: Indicate travel permit number in the "Passport number" space under "Without Resident Certificate" Subparagraph in the "Foreign Individual" column on the Declaration Statement.
(4) For non-resident legal entities not lawfully established within the territory of the R.O.C. or not recognized by the ROC government:
i.Non-resident legal entities: Shall authorize its representative or agent in the R.O.C. to act as the declarant. In its Declaration Statement, the said representative or agent shall write down his/her ID No. or certificate number and clearly state particulars concerning the representation/agency.
ii.Foreign financial institutions: Shall authorize a local financial institution to act as the declarant. In its Declaration Statement, the said local financial institution shall write down the Uniform No. on the establishment permit issued by the competent authorities and clearly state the particulars concerning the representation/agency. However, a foreign financial institution outside the territory of the R.O.C. may not sell foreign exchange through inward remittances.
9. Since the information put down in a Declaration Statement concerns the rights and interests of a declarant, the banking enterprise shall not fill out a Declaration Statement for a declarant, unless the declarant is illiterate. In the event that the banking enterprise fills out a Declaration Statement for a declarant, the declarant shall affix her/his seal or signature on the Declaration Statement to take the responsibility.
10. The banking enterprise shall assist a declarant to fill out the Declaration Statement carefully and truthfully. In the event that the nature of the settlement and the amount to be settled are inconsistent with the status or occupation of the declarant or contrary to the judgment of common sense, the banking enterprise shall assist the declarant to declare truthfully before processing the settlement.
11. In case a declarant uses a seal for a specific purpose on his Declaration Statement, the purpose of the seal shall be one formaking settlements or relevant to the settlements.
12. The amount stated in a Declaration Statement may not be corrected. If any other fact stated in the Declaration Statement is corrected, the declarant shall affix his/her seal or signature next to the correction.
13. The banking enterprises shall check whether a Declaration Statement is filled out completely. Sections such as the nature of settlement, the origin (destination) of the remittance, the Resident Certificate No., address and telephone number, etc., shall be filled out. The nature of settlement shall be provided accurately, and it may not be replaced by a code alternatively.
14. For foreign exchange settlements where a customer first deposits inward remittances from abroad or the OBU of a domestic bank into his/her foreign currency deposit account and then withdraws the money, or remits the aforesaid money in through another domestic bank or through the OBU of a domestic bank, the banking enterprise shall take note of the following when assisting the customer in filing the declaration:
(1) The nature of foreign exchange receipts or transactions shall be the same as that of inward remittances from abroad or through the OBU of a domestic bank.
(2) As for the "origin of remittances", put down "domestic" in the case of withdrawal from foreign exchange deposit accounts or inward remittances from another domestic bank; put down "OBU of domestic bank" in the case of selling foreign exchange from inward remittances through the OBU of a domestic bank.
15. If a customer buys foreign exchange and deposits it into his foreign currency deposit account or remits it to another domestic bank, and then remits the money again abroad or to the OBU of a domestic bank, or the customer buys foreign exchange and remits it to the OBU of a domestic bank directly, the banking enterprise shall take note of the following when assisting the customer in filing the declaration:
(1) The nature of the foreign exchange disbursement or transaction shall be the same as that of the outward remittance abroad or to the OBU of a domestic bank.
(2) As for the " destination of remittances", put down "domestic" in the case of money deposited in a foreign currency deposit account temporarily or remitted to another domestic bank; put down "OBU of domestic bank" in the case of money remitted to the OBU of a domestic bank.
16. When a banking enterprise accepts a declarant's application in person at the banking enterprise for making declarations of foreign exchange settlements via the Internet, the related terms and conditions between the banking enterprise and the declarant shall include matters prescribed in Articles 10 and 11 of the Regulations for Declaration.
17. Banking enterprises shall design online control programs according to declaration procedures which are applicable for making declarations in person at the banking enterprise, provide online declaration instructions on the website, and assist declarants in making declarations through the Internet.
18. When a declarant completes a foreign exchange settlement declaration through the Internet pursuant to Subparagraph 3, Paragraph 1, Article 4 of the Regulations for Declaration, the banking enterprise shall use an online real-time enquiry system of accumulated settlement amount of the current year to check the declarant's aggregate settlement amount for that current year. The banking enterprise, before processing the declaration, shall verify that the above amount does not exceed Annual Aggregate Settlement Amount, and maintain the enquiry records on the declaration medium retained by the banking enterprise.
19. Before processing a declarant's declaration of foreign exchange settlement via the Internet prescribed in Article 5 of the Regulations for Declaration, the banking enterprise shall verify the foreign exchange settlement documents faxed by the declarant. To facilitate future examination, the banking enterprise shall write down the amount and date of foreign exchange settlements, the Foreign Exchange Memo number and affix its signature or seal on the relevant documents.
20. Banking enterprises may not alterfy any of the declarant's declaration data it preserves in electronic format.
21. A banking enterprise shall first verify that a declarant's registration certificate number indicated by a declarant according to the provisions of Direction 8 of these Directions is the same as the corresponding number on the declarant's identification document or primary registration data before processing the declaration of foreign exchange settlement. The banking enterprise shall also verify the particulars of mandate or delegate matters, and confirm that the foreign exchange involved in the receipts, disbursements, or transactions actually belongs to or is needed by the declarant before processing the declaration. If the declarant is a company, the banking enterprise shall verify a photocopy of the company's incorporation registration list or of the latest registration list of the company, and shall enquire the company's primary registration data through the Internet.
22. A banking enterprise shall verify that information recorded on the Declaration Statement is consistent with corresponding information on any contracts, letters of approval, or other evidencing documents related to the foreign exchange receipts, disbursements, or transactions before processing a declarant's foreign exchange settlement declaration in accordance with Article 5 of the Regulations for Declaration. Photocopies of the relevant evidencing documents shall be preserved for future reference. The banking enterprise shall be attentive and strive to prevent declarants from breaking up large settlements into smaller ones to evade the regulation in which evidencing documents shall be submitted to confirm transactions.
23. Banking enterprises that engage in foreign exchange settlements needed for direct investments and portfolio investments approved by the competent authorities, shall comply with the provisions of attached Tables 1 through 8 concerning documents to be verified, and shall take note of the following:
(1) Investments by foreigners or overseas Chinese: Except that the investment application requirement is waived pursuant to the " Statute for Investment by Overseas Chinese" and the "Statute for Investment by Foreign Nationals", the relevant approval documents issued by the competent authorities shall be verified.
(2) Investments in third areas:
i.Making use of Annual Aggregate Settlement Amount: If the amount of any single foreign exchange settlement exceeds the amounts specified in Subparagraphs 1 and 2, Article 5 of the Regulations for Declaration, the banking enterprise shall verify the concrete foreign investment plan or relevant evidencing documents.
ii.Not counted toward the accumulated settlement amount of the current year:
(i) Outward remittances for investments: Verify approval documents of foreign investments issued by the competent authorities.
(ii) Inward remittances of foreign exchange from transference, partial or complete withdrawal of foreign investments: Verify the approval documents of transference, partial or complete withdrawal of foreign investments issued by the competent authorities , or original Foreign Exchange Sale Memo.
(3) Investments in Mainland China Area:
i.Outward remittances for investments: Verify approval documents or Certificate of Reporting Investment in Mainland China Area issued by the Ministry of Economic Affairs regardless of the amount of remittance; carefully inspect the relevant documents attached as stated in the approval document.
ii.Inward remittances of foreign exchange from transference, partial or complete withdrawal of investments:
(i) Making use of Annual Aggregate Settlement Amount: If the amount of any single foreign exchange settlement exceeds the amounts specified in Subparagraphs 1 and 2, Article 5 of the Regulations for Declaration, the banking enterprise shall verify the relevant evidencing documents.
(ii) Not counted toward the accumulated settlement amount of the current year: Verify approval documents issued by the Ministry of Economic Affairs or original Foreign Exchange Sale Memo.
24. Banking enterprises that engage in foreign exchange settlements against the New Taiwan dollar related to medium- and long-term external debts of private enterprises, shall comply with the provisions of attached Table 9 concerning documents to be verified.
25. Banking enterprises engaging in outward remittances to Mainland China Area shall comply with the provisions of attached Table 10 concerning documents to be verified.
26. Banking enterprises shall verify that the following documents are correct before processing the foreign exchange settlement declarations made by a company or a firm in its own name on behalf of another party with the prior approval of the Bank:
(1) Foreign exchange settlements related to salaries made by employment service enterprises on behalf of foreign workers: The private employment service enterprise permit issued by the Council of Labor Affairs of the Executive Yuan; the Declaration Statement completed by an employment service enterprise; original copy of the document approving an employment service enterprise to make foreign exchange settlement declarations on behalf of foreign workers issued by the Bank; and settlement list of mandated outward remittances of foreign employees' salaries in the R.O.C. or settlement list of outward remittances by domestic employers of foreign employees' salaries in the R.O.C..
(2) Foreign exchange settlements for buying and selling foreign securities or conducting transactions in structured products linked to foreign financial products by securities firms on behalf of their clients:
i.The Declaration Statement completed by a securities firm, power of attorney for settlement issued by the principal or the customer, or a settlement list of the principals or customers.
ii.When the contract entered into between the securities firm and the principal or the customer explicitly states that the securities firm is authorized to make foreign exchange settlements, the power of attorney of settlement issued by such principal or customer may be replaced by a statement which indicates that such securities firm has been authorized to make foreign exchange settlements.
iii.Enquiring and counting toward the settlement amount the principal's or the customer's accumulated settlement amount of the current year.
(3) Foreign exchange settlements made by an enterprise engaging in the business of discretionary investment in foreign securities (including securities investment consulting enterprises ("SICEs"), securities investment trust enterprises ("SITEs") and trust enterprises) on behalf of a principal to invest in foreign securities.
i.The Declaration Statement completed by an enterprise, power of attorney for settlement issued by the principals, or a settlement list of the principals.
ii.When the contract entered into between the enterprise and the principal explicitly states that the enterprise is authorized to make foreign exchange settlements, the power of attorney of settlement issued by such principal may be replaced by a statement which indicates that such an enterprise has been authorized to make foreign exchange settlements.
iii.Enquiring and counting toward the settlement amount the principal's accumulated settlement amount of the current year.
(4) Foreign exchange settlements made by futures firms on behalf of a principal to conduct overseas futures transactions:
i.The Declaration Statement completed by a futures firm, power of attorney for settlement issued by the principal, or a settlement list of the principals.
ii.When the contract entered into between the futures firm and the principal explicitly states that the futures firm is authorized to make foreign exchange settlements, the power of attorney of settlement issued by such principal may be replaced by a statement which indicates that such futures firm has been authorized to make foreign exchange settlements.
iii.Enquiring and counting toward the settlement amount the principal's accumulated settlement amount of the current year.
iv.Where a futures firm, on behalf of a SITE, uses securities investment trust funds, or a SICE/SITE/Trust Enterprise uses discretionary investment assets to make foreign exchange settlements for overseas futures transactions, such futures firm may fill out and submit the Declaration Statement with the documents issued by the Securities and Futures Commission of the Ministry of Finance approving the SITE to raise funds, or with other evidentiary documents issued by the Department agreeing an enterprise engaging in discretionary investment business to make outward remittance of funds to invest in foreign securities. The settled amount will not be counted toward such principal's (SICE, SITE or Trust Enterprise) accumulated settlement amount of the current year.
(5) Foreign exchange settlements made by a life insurance company on behalf of a policy-holder to invest in foreign securities:
i.The Declaration Statement completed by a life insurance company, power of attorney for settlement issued by the policyholder, or a settlement list of policy-holders.
ii.When the contract entered into between the life insurance company and the policy-holder explicitly states that the life insurance company is authorized to make foreign exchange settlements, the power of attorney of settlement issued by such policy-holder may be replaced by a statement which indicates that such life insurance company has been authorized to make foreign exchange settlements.
iii.Enquiring and counting toward the settlement amount the policy-holder's accumulated settlement amount of the current year.
(6) Foreign exchange settlements made by credit card companies or card-issuing banks on behalf of cardholders for cash advances and consumption expenditure abroad using credit cards, debit cards, or ATM cards: the Declaration Statement filled by credit card companies or card-issuing banks, and documents issued by the Bank approving such companies or banks to make foreign exchange settlement declaration on behalf of cardholders.
(7) Other foreign exchange settlements approved by the Bank: The documents required in the circular letters of the Bank.
27. To correct the content of the Declaration Statement, a declarant shall submit the application along with the following documents to the Bank through the original handling banking enterprise:
(1) Correction of declaration of foreign exchange settlements against the New Taiwan dollar:
i.A declarant unintentionally making an untruthful declaration: Submit an opinion letter issued by a lawyer, an accountant or a banking enterprise indicating that the untruthful declaration was unintentional, the relevant evidencing documents, the original Declaration Statement and the Foreign Exchange Purchase (Sale) Memo (those who declared via the Internet shall submit the Declaration Statement and the Foreign Exchange Purchase (Sale) Memo printed by the banking enterprise), and the corrected Declaration Statement and the Foreign Exchange Purchase (Sale) Memo. The content of the opinion letter shall include the declarant's name, the settlement date and amount, the content of the original declaration, the correct content of the declaration, and the reason for making the correction.
ii.A declarant intentionally making an untruthful declaration, and having already been penalized pursuant to Paragraph 1, Article 20 of Foreign Exchange Control Act: Submit the receipt of the fine paid, the corrected Declaration Statement, the Foreign Exchange Purchase (Sale) Memo and the relevant evidencing documents.
(2) Correction of the certificate of foreign exchange settlements for export/import or other transaction certificates: Submit the original certificates drawn by the banking enterprise (those who declared via the Internet shall submit the certificates printed by the banking enterprise) , the corrected certificates, and documents supporting the correction within seven business days after the said certificate was drawn by the banking enterprise.
(3) Correction of Foreign Exchange Purchase (Sale) Memo with amount less than 500,000 New Taiwan dollars: Submit the original Foreign Exchange Purchase (Sale) Memo drawn by the banking enterprise (those who declared via the Internet shall submit the memo printed by the banking enterprise), the corrected Foreign Exchange Purchase (Sale) Memo, and documents supporting the correction, within seven business days after the said Foreign Exchange Purchase (Sale) Memo was drawn by the banking enterprise.
28. When accepting a declarant's declaration of foreign exchange settlement in person at the banking enterprise, at which time the relevant documents shall be verified according to the attached tables of these Directions or the related regulations stipulated by the Bank, the banking enterprise shall not only request the declarant to present the relevant documents for verification, but also indicate the date and amount of the settlement on the relevant documents, and affix the banking enterprise's signature/seal before making duplicate photocopies. One set of the photocopies shall be kept by the banking enterprise for future reference; the other shall be sent to the Department together with the Declaration Statement, the Foreign Exchange Purchase (Sale) Memo and the daily transaction report. The relevant documents do not need to be sent to the Department if the foreign exchange settlement declaration has been made in accordance with the provisions of Paragraphs 1 and 2, Article 5 of the Regulations for Declaration.
29. When accepting a declarant's declaration of foreign exchange settlement via Internet in which the relevant documents shall be verified according to the attached tables of these Directions or the related regulations stipulated by the Bank, the banking enterprise shall not only request the declarant to fax the relevant documents for verification, but also indicate the date and amount of the settlement and Foreign Exchange Memo number on the facsimile documents, and affix the banking enterprise's signature/seal and keep the facsimile documents, together with settlement declaration records, for future reference. Besides, the banking enterprise shall make a copy of the facsimile documents, and send the copy to the Department together with the data in the form of the [electronic] medium and the daily transaction report. Relevant documents do not need to be sent to the Department if the foreign exchange settlement declaration has been made in accordance with the provisions of Paragraphs 1 and 2, Article 5 of the Regulations for Declaration.