Rule · CBC · 7 Apr 2004
Banking enterprises must assist customers in making truthful declarations when settling foreign exchange against the New Taiwan dollar, including verifying accumulated settlement amounts online and preventing the use of third-party names. The regulations set specific limits, such as a US$100,000 cap for single transactions and a New Taiwan dollar 500,000 threshold for exempting small settlements from declaration. Detailed requirements are established for identifying various declarant categories, including residents, non-residents, and individuals from Mainland China, with specific documentation and ID number recording rules. Banking enterprises are also required to verify supporting documents for loans, investments, and internet-based declarations while maintaining electronic records without alteration.
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Laws and Regulations Database of the Central Bank of the Republic of China-Article Content
Article Content
Title:
Directions for Banking Enterprises on Assisting Customers to Declare Foreign Exchange Receipts and Disbursements or Transactions
Inactive Regulations
Announced Date: November 18, 1998
Amended Date: April 07, 2004
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(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.
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Except for the approved cases described in the preceding paragraph, the amount of foreign exchange sold or purchased by a private enterprise in relation to funds borrowed overseas for which the enterprise has filled out the "Statement of Medium- and Long-Term External Debts by Private Enterprises", and subsequent repayments of principal and interest shall be counted toward the accumulated settlement amount of the current year of the said enterprise. In addition, for exchange settlements relating to repayments of principal and interest, the banking enterprise may still process the settlements without requiring the enterprise to obtain the approval from the Department even if the said enterprise has used up its Annual Aggregate Settlement Amount.
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For an overseas Chinese holding a ROC passport issued by the Ministry of Foreign Affairs, the ROC or a resident of Hong Kong or Macau holding a Taiwan Entry and Exit Permit, the settlement amount shall be the same as that for a non-resident.
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If a natural person less than 20 years of age residing in the territory of the R.O.C. wishes to purchase foreign exchange for the payment of travel expenses, or sell foreign exchange for living expenses in Taiwan, received donations, or unspent travel expenses, the banking enterprise may process the settlement after verifying the person's identification document if the amount of each transaction is less than 500,000 New Taiwan dollars.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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