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Circulars

Summary:Primary Subject:A domestic banking unit (“DBU”) may be mandated by the offshore banking unit (“OBU”) of the same bank to handle the import and export related foreign exchange business and outward remittance business for offshore customers;New Tai Open new window for Chinese

Ref. No:90.11.2.Tai-Yang-Wai-(7)-Tze No. 040059263

Subject:
This is to amend the provisions in the CBC letter, dated June 1, 2000 (Ref. No. 
(89) Tai-Yang-Wai-(7)-Zi-Tzu-040017428), that an authorized bank (“DBU”) may be 
mandated by the offshore banking unit (“OBU”) of the same bank to handle business 
for offshore customers,shall become effective from the issuance date of this 
letter. Please take note.
Explanations:	
Please handle in accordance with the following:
1.A DBU may be mandated by the OBU of the same bank to handle the business 
 prescribed in Article 4, Item 5 of the “Offshore Banking Act” and the outward 
 remittance business of foreign currency exchange with offshore customers 
 prescribed in Item 6 of the same Article; New Taiwan Dollar related transactions,
 however, are not permitted and the above business shall berecorded in the OBU’s 
 accounting books.
2.If a DBU is mandated to handle business on behalf of OBU and the DBU 
 receives reasonable compensation from the OBU to cover the DBU’s operating 
 expenses, such compensation shall be listed as income by the DBU and taxed 
 pursuant to the relevant regulations. If the DBU does not receive any 
 compensation from the OBU, because the fees collected from the customers are 
 recorded in the OBU’s accounting books, the expenses incurred by the DBU in 
 handling the mandated business shall not be treated as expenses of the DBU.
3.The relevant mandated business shall be handled only after the required written 
 mandate documents have been enacted pursuant to applicable regulations. In
 circumstances where the DBU handles such business based on a mandate,the
 remittance message and remittance receipt issued to customers shall be made in 
 the name of the OBU to distinguish the businesses between the OBU and the DBU and 
 for the convenience of management.
4.An OBU which applied to engage in financial activities between the Taiwan Area 
 and the Mainland Area in accordance with the “Regulations Governing Approvals of
 Banks to Engage in Financial Activities Between the Taiwan Area and the Mainland 
 Area” and has obtained approval shall handle the relevant business regarding 
 the issuance and advising of letters of credit in foreign currency, import and 
 export negotiation and outward remittances of foreign currency exchange in 
 accordance with the Explanations 1, 2 and 3, above.
5.The mandated business shall be deemed to be import and export related foreign 
 exchange business and the outward remittance business of the OBU and the OBU 
 shall ultimately be held.

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