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

Title:

Announced Date:March 27, 2017(effective from March 29, 2017 )

Date:December 26, 2022(effective from January 1, 2023 )

〈Compliance with the Regulations for Declaration〉
1. Domestic securities firms approved to conduct foreign exchange business (hereinafter 
  referred to as “DSFs”) 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 New Taiwan dollar (NTD).
〈Documents to be verified for foreign exchange spot transactions and the submission of declaration documents〉
2. When carrying out spot transactions for customers, DSFs shall follow the Regulations 
  Governing Foreign Exchange Business of Securities Enterprises (hereinafter referred to 
  as “the Governing Regulations”) with regard to the business scope, amount and 
  restrictions. The DSF shall first verify the securities transaction documents related 
  to the spot transactions, and shall note that:
  (1) When handling foreign exchange settlements associated with the businesses listed 
    in the attachment for the same company, the DSF shall verify the veracity of the 
    relevant documents listed in the attachment before processing the settlement. The 
    declarant shall be the company’s head office, and the DSF needs not enquire the 
    settlement amount nor count it toward the DSF’s or the customer’s aggregate 
    settlement amount of the current year. If the verified document, such as the consent 
    letter issued by the competent authority, clearly states the settlement amount for 
    the transaction, the DSF shall make sure that the aggregate settlement amount does 
    not exceed the amount approved by the competent authority.
  (2) When handling foreign exchange settlements associated with businesses not listed in 
    the attachment, the declarant shall be the head office of the securities firm or the 
    customer depending on ownership or destination of the foreign exchange receipt, 
    disbursement or transaction, and unless it is otherwise provided in the Regulations 
    for Declaration and this Directions for DSF, the DSF should enquire the settlement 
    amount online and count it toward the securities firm’s head office’s or the 
    customer’s aggregate settlement amount of the current year.
  (3) The DSF shall annotate the settlement date and amount on the relevant supporting 
    documents and affix its signature/seal thereon, and then retain a photocopy of these 
    documents along with the top copy of the Declaration Statement of Foreign Exchange 
    Receipts and Disbursements or Transactions (hereinafter referred to as “Declaration 
    Statement”) for future reference without submitting them to the Department of Foreign 
    Exchange. The submission of other declaration information shall be carried out in 
    accordance with relevant provisions of the Governing Regulations.
〈Enquiry of aggregate settlement amount of the current year〉
3. DSFs that handle the declaration of foreign exchange settlement against NTD 
  in accordance with Subparagraph 3, Paragraph 1, Article 4 of the Regulations 
  for Declaration shall enquire online and count the settlement amount toward 
  the declarant's aggregate settlement amount of the current year, and shall 
  note that:
  (1) A DSF should prevent the declarants from using a third party's name to 
    make the declaration.
  (2) For the declaration of a non-resident's foreign exchange settlement, a 
    DSF is not required to enquire online the declarant's aggregate 
    settlement amount of the current year. 
  (3) The enquiry record of the settlement amount shall be printed out on the 
    DSF's receipt slip of the 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.
〈Attention to the breakup of settlement amount〉
4. DSFs engaging in foreign exchange settlements against NTD in accordance with 
  Subparagraph 5, 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$ 100,000. Such DSFs shall prevent declarants from breaking 
  up a large settlement into smaller ones to circumvent the provision of 
  Article 6 of the Regulations for Declaration which requires prior approvals 
  from the Bank.
〈Settlements by persons holding other types of identification documents〉
5. For officials of diplomatic missions in the Republic of China (R.O.C.) and their 
  family members holding Identification Cards issued by the Ministry of Foreign Affairs, 
  and persons holding R.O.C. passports issued by the Ministry of Foreign Affairs but do 
  not have Citizen’s ID Cards, the permitted amount of foreign exchange settlement 
  against NTD shall be the same as that for non-residents. 
6. When engaging in a single foreign exchange transaction against NTD for an amount 
  less than NT$ 500,000 or the equivalent thereof, the customer is not required to 
  complete a Declaration Statement and the settlement amount will not be counted toward 
  the aggregate settlement amount of the current year. DSFs shall, however, be aware of 
  and prevent customers from breaking up a large settlement into smaller ones to circumvent 
  the required declaration and enquiries regarding the aggregate settlement amount of the 
  current year.

〈Entry of declarant’s ID number〉
7. DSFs shall assist a declarant to truthfully fill out the "declarant's ID number" 
  on the Declaration Statement in accordance with the following provisions: 
 (1) Companies, limited partnerships and firms: Indicate the Uniform Business No. 
   provided by the competent authorities for its establishment and registration.
 (2) Associations: Indicate the uniform tax withholding number assigned by the tax 
   authorities. For an association without a uniform number, indicate the name 
   of the competent authorities approving its registration and its registration 
   certificate number. 
 (3) Individuals: 
   A. An individual with a Citizen's ID Card: Write down the Citizen’s ID No. and 
    date of birth. 
   B. Holder of a relevant Taiwan Area Resident Certificate or Alien Resident 
    Certificate with a validity of one year and above: Indicate the uniform 
    identification number, the date of issuance, date of expiry (enter 999/12/31 
    for the date of expiry for Alien Permanent Resident Certificate), and date 
    of birth as specified on the certificate.
   C. Minors: For a natural person under 18 years of age bearing a Citizen's ID 
    Card or a relevant Taiwan Area Resident Certificate or Alien Resident 
    Certificate with a validity of one year and above, the “declarant's ID number” 
    on the Declaration Statement shall be provided under the field “Individual” 
    in accordance with the provisions of the preceding two items, and the legal 
    representative of the minor shall also sign on the Declaration Statement under 
    the field “Signature of the declarant and its responsible person.”  
 (4) Non-residents:
   A. Natural persons (including minors):
    i. Holder of a relevant Taiwan Area Resident Certificate or Alien Resident 
      Certificate with a validity of less than one year, and for a citizen of 
      Mainland China and a resident of Hong Kong or Macao holding a Taiwan Entry 
      and Exit Permit or a relevant entry document but not having resident status: 
      Indicate the nationality as shown on the certificate or permit, the uniform 
      identification number (or the permit number if there is no uniform identification 
      number), and date of birth in the Declaration Statement. 
    ii. Foreign passport holder or official of diplomatic missions in the Republic 
      of China and his/her family member holding an identification card issued 
      by the Ministry of Foreign Affairs, and a person holding a R.O.C. passport 
      but not having a Citizen’s ID Card: Indicate the nationality, passport 
      (certificate) number and date of birth in the Declaration Statement. 
  B. Legal entities:
    i.Non-resident legal entity: Shall authorize its representative or agent in 
     the R.O.C. to act as the declarant. In the Declaration Statement, the said 
     representative or agent shall write down his/her ID No. or certificate number 
     and clearly specify the representation or agency relationship.
   ii. Foreign financial institution: Shall authorize a local financial institution 
     to act as the declarant. In the Declaration Statement, the said local financial 
     institution shall write down its identification number of the establishment 
     permit issued by the competent authority and clearly specify the representation 
     or agency relationship.
〈Verification of declarant’s identity〉
8. Before processing the declaration of foreign exchange settlement, a DSF shall 
  first verify that a declarant's registration certificate number indicated by a 
  declarant according to the provisions of the preceding point (point 7) is the 
  same as the corresponding number on the declarant's identification document or 
  primary registration data. The DSF shall also verify the entrustment or authorization 
  document for settlement declaration, and confirm that the foreign exchange involved 
  in the receipts, disbursements, or transactions actually belongs to or is needed by 
  the declarant himself/herself before processing the declaration. A DSF shall also 
  notice that:
  (1) If the declarant is a company, limited partnership or firm, the DSF shall visit 
    the website of Commerce Industrial Services Portal of the Ministry of Economic 
    Affairs and go to “Enquiry of company registration”, “Enquiry of limited 
    partnership registration” or “Enquiry of business registration” to enquire 
    and verify the registration information of the company, limited partnership, or 
    firm.
  (2) If the declarant is a non-resident under 18 years of age, the DSF may verify 
    the required documents in accordance with its internal operation procedure and 
    applicable provisions of the Civil Code on a case-by-case basis.
〈Declarant’s signature on the Declaration Statement〉
9. Information written down in a Declaration Statement concerns the rights and 
  obligations of a declarant. In case a Declaration Statement is filled out for a 
  declarant by a third person, the declarant shall affix his/her seal or signature 
  on the Declaration Statement after verifying the accuracy of all the declared items 
  to specify explicitly his/her responsibility.
〈Assistance in truthful declaration〉
10. DSFs shall assist declarants to fill out the Declaration Statement carefully 
  and truthfully. In the event that the nature of the settlement and the amount 
  to be settled violate the common sense or are inconsistent with the status or 
  occupation of the declarant, the DSF shall assist the declarant to make a truthful 
  declaration before processing the settlement.
〈Seal of the declarant〉
11. In case a declarant uses a seal for a specific purpose on his/her Declaration 
  Statement, the specific purpose of the seal shall be the one for making settlements 
  only or relevant to the settlements.
〈Alteration of the Declaration Statement〉
12. The amount stated in a Declaration Statement shall not be altered. If any 
  other fact stated in the Declaration Statement is altered, the declarant shall 
  affix his/her seal or signature next to the alteration.
〈Completion of Declaration Statement and examination of nature of transaction〉
13. DSFs shall check whether all the fields on the Declaration Statements are properly 
  filled out. The nature of settlement shall be documented accurately and not be 
  replaced with a remittance classification code. When there is more than one nature 
  or currency of settlement, such natures, currencies and settlement amounts shall be 
  separately indicated. The nature of settlement shall be declared according to the 
  following provisions:
  (1) The nature of foreign exchange receipt or transaction: Companies, limited 
    partnerships, firms, associations and individuals shall indicate the sources of 
    their foreign exchange revenue; non-residents shall indicate the use of NTD proceeds 
    from sale of foreign exchange.
  (2) The nature of foreign exchange disbursement or transaction: Companies, limited 
    partnerships, firms, associations and individuals shall indicate the use of their 
    foreign exchange proceeds; non-residents shall indicate the sources of NTD revenue 
    for purchasing foreign exchange.
〈Agreement on declaration over the Internet〉
14. When a DSF accepts a declarant's application for making declarations of 
  foreign exchange settlements through the Internet in accordance with Article 
  11 of the Regulations for Declaration, the related terms and conditions of 
  the agreement between the DSF and the declarant shall include matters 
  prescribed in Article 12 of the Regulations for Declaration.
〈Design of online control programs〉
15. DSFs shall design online control programs according to declaration procedures 
  which are applicable for making declarations in person at the DSF, and shall 
  provide online declaration instructions, the Regulations for Declaration and 
  relevant provisions on the website, and assist declarants in making declarations 
  through the Internet.
〈Enquiry of online declaration〉
16. When a declarant makes a foreign exchange settlement declaration through the 
  Internet pursuant to Subparagraph 3, Paragraph 1, Article 4 of the Regulations 
  for Declaration, the DSF shall use an online real-time enquiry system and count 
  the settlement amount toward the declarant’s aggregate settlement amount of the 
  current year to make sure the declared amount does not exceeded the Annual Aggregate 
  Settlement Amount before processing the declaration. The DSF shall also show the 
  enquiry records on the declaration medium retained by itself.
〈Verification of online declaration documents〉
17. When processing a declarant’s declaration of foreign exchange settlement against 
  NTD through the Internet, DSFs shall first verify the veracity of relevant securities 
  transaction documents provided and annotate the settlement date and amount, Foreign 
  Exchange Memo number and affix its signature or seal on the relevant documents for 
  future examination.
〈No alteration of online declaration information〉
18. DSFs may not alter any of the declarant's declaration information retained in 
  electronic format.
〈Correction of declaration content〉
19. To correct the content of the Declaration Statement, a declarant shall submit the 
  application along with the following documents to the Bank through the DSF which 
  handled the original declaration:
 (1) Correction of declaration of foreign exchange settlements against NTD:
 A. A declarant unintentionally making an untruthful declaration: Submit an opinion 
   letter issued by a lawyer, an accountant or a DSF indicating that the untruthful 
   declaration was unintentional, relevant supporting documents, the original Declaration 
   Statement and the Foreign Exchange Purchase (Sale) Memo (those who declared through 
   the Internet shall submit the Declaration Statement and the Foreign Exchange Purchase 
   (Sale) Memo printed by the DSF), 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 corrected declaration, and the reason for making the mistake 
   on the original declaration.
 B. A declarant intentionally making an untruthful declaration, and having already been 
   penalized pursuant to Paragraph 1, Article 20 of the Foreign Exchange Regulation Act: 
   Submit the receipt of the fine paid, the corrected Declaration Statement, the Foreign 
   Exchange Purchase (Sale) Memo and the relevant supporting documents.
 (2) Correction of other transaction certificates: Submit the original certificate 
   drawn by the DSF (those who declared through the Internet shall submit the certificate 
   printed by the DSF), the corrected certificate drawn by the DSF, and the documents 
   supporting the content-correction application. 
 (3) Correction of Foreign Exchange Purchase (Sale) Memo with the amount less than 
   NT$500,000: Submit the original Foreign Exchange Purchase (Sale) Memo drawn by 
   the DSF (those who declared through the Internet shall submit the memo printed by 
   the DSF), the corrected Foreign Exchange Purchase (Sale) Memo, and the documents 
   supporting the content-correction application.
   The DSF shall make photocopies of relevant supporting documents and information 
   for the correction of declaration content mentioned in the preceding paragraph, 
   and shall retain the photocopies along with the original declaration information 
   for future reference.