外籍移工國外小額匯兌業務管理辦法

These Regulations are enacted pursuant to paragraph 4, Article 4 of the Act Governing Electronic Payment Institutions (hereinafter referred to as the "Act").

Small-amount remittance services for foreign migrant workers are governed by these Regulations. Foreign exchange related services that are not prescribed in these Regulations are required to comply with relevant regulations set by the Central Bank.

1The terms used in these Regulations are defined as followings:

21. Foreign migrant workers: A foreigner that is employed to engage in the works specified in subparagraphs 8 to 11, paragraph 1, Article 46 of the Employment Service Act and hold a valid alien resident certificate issued by the Ministry of the Interior.

32. Small-amount remittance services for foreign migrant workers: The outbound remittance and related foreign exchange purchase and sale services that foreign migrant workers transfer their wages to their home countries. The remittance services are based on non-real transactions payment instructions and subject to a certain amount.

43. Foreign migrant worker remittance company: The operator that organized as companies limited by shares and has granted the approval by the competent authority for engaging in foreign migrant workers remittance services.

54. Foreign migrant worker remittance institutions shall mean the following institutions:

6(1) Foreign migrant worker remittance companies.

7(2) Banks and electronic payment institutions approved by the competent authority for concurrently engaging in foreign migrant workers remittance services.

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1A foreign migrant worker remittance company shall be permitted and granted a business permission certificate from the competent authority before it commences business.

2The validity period of the business permission certificate specified in the preceding paragraph shall be three years; the said period is the same when applying for the expiring certificate renewal. Except as otherwise provided by these Regulations.

1A foreign migrant worker remittance company's paid-in capital, operating capital for Taiwan branch, and allocated operating capital shall comply with the following requirements:

21. For a specified foreign migrant worker remittance company that engages in

3foreign migrant workers remittance service only, its minimum paid-in capital or operating capital for Taiwan branch shall be NT$100 million.

42. For a foreign migrant worker remittance company that concurrently offers foreign migrant workers remittance services, the minimum paid-in capital or operating capital for its Taiwan branch shall be NT$100 million. Additionally, it shall allocate operating capital of no less than NT$100 million exclusively for operating foreign migrant workers remittance services.

5The competent authority may adjust the minimum paid-in capital, operating capital for Taiwan branch, and allocated operating capital in the preceding paragraph commensurate with socioeconomic circumstances and actual needs.

1The responsible person of a foreign migrant worker remittance company shall possess professional experience in banking, electronic payment institutions, financial technology, or employment services, and shall be able to offer a successful business model for small-amount remittance services for foreign migrant workers.

2The responsible person of a foreign migrant worker remittance company must not be in any of the following situations:

31. Conditions specified in Article 30 of the Company Act.

42. Having been sentenced to imprisonment for violating the Act, Banking Act, Financial Holding Company Act, Trust Enterprise Act, Act Governing Bills Finance Business, Financial Assets Securitization Act, Real Estate Securitization Act, Insurance Act, Securities and Exchange Act, Futures Trading Act, Securities Investment Trust and Consulting Act, Foreign Exchange Control Act, Credit Cooperatives Act, Agricultural Finance Act, Farmers’ Association Act, Fishermen’s Association Act, Money Laundering Control Act, Counter-Terrorism Financing Act, or other laws governing financial activity, and the sentence has not yet executed, not been completed, or five years have not elapsed since the date of sentence completion, the expiration of probation period, or the pardon of such punishment.

53. Five years have not elapsed since been replaced or discharged from duties by the competent authority’s or related authorities’ order for violating the Act, Banking Act, Financial Holding Company Act, Trust Enterprise Act, Act Governing Bills Finance Business, Financial Assets Securitization Act, Real Estate Securitization Act, Insurance Act, Securities and Exchange Act, Futures Trading Act, Securities Investment Trust and Consulting Act, Credit Cooperatives Act, Agricultural Finance Act, Farmers’ Association Act, Fishermen’s Association Act, or other laws governing financial activity.

1Where an institution other than a bank or an electronic payment institution applies for operating foreign migrant workers remittance service, it shall submit two copies of the following documents to apply for permission to the competent authority:

21. An application form.

32. Supporting documents of company registration, Articles of Incorporation, and list of directors and supervisors.

43. The responsible person's written declaration that they have no situations listed in paragraph 2 of the preceding article.

54. A business plan.

65. A CPA-certified description of settlement and clearing mechanisms for foreign migrant workers remittance businesses.

76. A CPA-certified description of safeguard mechanisms for funds received from foreign migrant workers remittance services and a legal opinion or certification report concerning the trust agreement, performance guarantee agreement, or templates of such documents reviewed by an attorney or certified by a CPA.

87. CPA-certified anti-money laundering and anti-terrorism financing mechanisms, customer due diligence measures, and continuous review mechanisms. The CPA’s opinion and examination report shall also be submitted.

1Where an institution other than a bank or an electronic payment institution applies for engaging in foreign migrant workers remittance services, or where a foreign migrant worker remittance company applies for the renewal of its business permit, the competent authority may reject its application under any of the following situations:

21. Any of its paid-in capital, operating capital for Taiwan branch, or allocated operating capital does not meet the requirements in Article 5 herein.

32. The responsible person does not meet the requirements listed in paragraph 1

4or 2 of Article 6.

53. The application documents are incomplete, lack specifics, or make false statements or misrepresentations.

64. The applicant fails to provide further documents or complete corrective actions required within the period specified by the competent authority.

75. The business plan lacks specifics or its implementation is apparently difficult.

86. The applicant fails to apply for the renewal of the business permits within the period specified in paragraph 5 of the preceding article.

If it is found after a foreign migrant worker remittance company has been granted a permit that its application for business permit contains false information or misrepresentation a serious nature, the competent authority should withdraw the granted permit and business permission certificate, and order the institution to turn in its business permit within a specified period, or cancel its business permit if the institution fails to turn in the permit within the specific period.

After a foreign migrant worker remittance company obtains the permit and business permission certificate from the competent authority, it shall apply for changing information of its registration to the company registration agency and list the foreign migrant workers remittance service as its business before it commences operations. It shall also notify the competent authority in writing within three business days from the date it commences operations.

1Where a bank or an electronic payment institution applies for concurrently

2engaging in foreign migrant workers remittance services, it shall meet the following requirements:

31. A bank shall be approved for operating domestic and international remittances by the competent authority, or an electronic payment institution shall be approved for domestic and international remittances by the competent authority.

42. Where the applicant is a bank, it shall have not accumulated a loss which is more than one third of its paid-in capital in the most recent year; where the applicant is an electronic payment institution, it shall have not accumulated a loss which is more than one half of its paid-in capital in the most recent year, or where such situations occurred but have been rectified.

53. The applicant has not been penalized for violation of anti-money laundering and countering terrorism financing regulations, or remittances discrepancies; or where such conditions occurred but have been rectified, and the remedial actions have been recognized by the competent authority.

6Where a bank or an electronic payment institution applies for concurrently engaging in foreign migrant workers remittance services, it shall file two copies of the following documents to the competent authority for reference within five business days of the date of commences operation:

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When a foreign migrant worker remittance company provides the foreign migrant workers remittance services, the value of each remittance by a foreign migrant worker may not exceed NT$30,000 or its equivalent; the cumulative monthly remittance amount may not exceed NT$50,000 or its equivalent; and the cumulative annual remittance amount may not exceed NT$500,000.

1A foreign migrant worker remittance company shall declare trust in full or obtain full guarantee from a bank for the remittance payment funds collected from foreign migrant workers when providing the foreign migrant workers remittance services.

2The foreign migrant worker remittance company shall open an NTD and foreign currency dedicated deposit account exclusively for foreign migrant workers remittance services in a bank. The account name shall clearly indicate the company's name and contain the phrase "Dedicated Deposit Account for Small-

3Amount Remittance Services for Foreign Migrant Workers." The sources of funds for the NTD dedicated deposit account shall be limited to the remittances collected in the foreign migrant workers remittance services, including funds that have been collected by outsourced service providers and are awaiting transfer; the sources of funds for the foreign currency deposit account shall be limited to the foreign exchange purchased with funds in the NTD deposit account.

4If a foreign migrant worker remittance company is not in compliance with the requirements stipulated in paragraph 2, it shall make the necessary adjustments to meet said requirements by December 31, 2024.

5The regulations in the preceding three paragraphs shall apply mutatis mutandis to electronic payment institutions that concurrently engage in foreign migrant workers remittance services.

1A foreign migrant worker remittance institution shall establish mechanisms for verifying the identity of foreign migrant workers, monitoring transactions, and continuous reviews in accordance with these Regulations when engaging in the foreign migrant workers remittance services.

2A foreign migrant worker remittance institution shall verify the identity of foreign migrant workers when they register the accounts and retain the information obtained from the identity verification procedures. When the foreign migrant worker engages in exchange transactions, the said institution shall also implement transaction related control which includes verifying the recipient and monitoring transaction patterns. After registration, ongoing customer due diligence shall be conducted concerning a foreign migrant worker’s identity and the validity of their alien resident certificate.

3The retention period for data obtained in the foreign migrant worker identity verification process referred to in the preceding paragraph shall be at least five years after the termination of the business relationship.

4The foreign migrant worker identity verification process shall, at minimum,

5consist of the following :

61. Having requested the alien resident certificate of the foreign migrant worker, verify the authenticity of the foreign migrant worker's identity and inquire with the issuing authority or the Joint Credit Information Center (hereinafter referred to as the JCIC) regarding the validity of the alien resident certificate.

1A foreign migrant worker remittance company shall apply for approval to the competent authority for any of the following matters:

21. Outsourcing operations to others.

32. Changes in matters registered on the business permission certificate.

43. Changes in offshore partner remittance institutions.

54. Other matters that require approval as stipulated by the competent authority.

6A foreign migrant worker remittance company shall meet the following requirements when applying for approval in accordance with subparagraph 1 of the preceding paragraph:

71. Ensure that the outsourced service providers meet requirements in these Regulations.

82. Require the outsourced service providers to comply with the mandatory or prohibitory provisions of laws.

93. Require the outsourced service providers to agree to give the competent authority and the Central Bank access to data or reports relating to the outsourced operation and allow them to conduct financial examinations.

1When providing the foreign migrant workers remittance services, the foreign migrant worker remittance company shall disclose the following important information on mobile apps:

21. Name and contact information of the foreign migrant worker remittance company.

32. Business permission certificate number and validity period.

43. Exchange rate for the remittance transaction and the referenced published exchange rate of the bank.

54. The name of the financial institution where the company declare trust in full or obtains full guarantee in accordance with Article 13.

65. Other matters that shall be disclosed as required by the competent authority.

7The regulations in subparagraphs 3 and 4 of the preceding paragraph shall apply mutatis mutandis to electronic payment institutions that concurrently engage in foreign migrant workers remittance services.

1A foreign migrant worker remittance company that concurrently provides foreign migrant workers remittance services shall have an independent accounting system and shall assign dedicated personnel to implement the identity verification, customer services, and anti-money laundering and counter terrorism financing procedures when providing the foreign migrant workers remittance services.

2The foreign migrant worker remittance company shall, within six months after the end of each fiscal year, prepare a business and financial report for the foreign migrant workers remittance services. The report shall be submitted to the competent authority for reference after it is passed by the Board of Directors.

3The scope of the financial report specified in the preceding paragraph is as follows:

41. Balance sheet;

52. Income statement;

63. Statements of changes in shareholders' equity;

74. Cash flow statement;

85. Other statements required by the competent authority.

1A Foreign migrant worker remittance institution shall file business related information in accordance with the regulations to the competent authority and the Central Bank.

2Where a non-bank foreign migrant worker remittance institution processes matters related to the declaration of foreign exchange receipts and disbursements or transactions while engaging in foreign migrant workers remittance services, it shall submit an application in its own name along with supporting documents such as the business permission certificate or consent for reference letter issued by the competent authority to a bank for filing the declaration of foreign exchange settlement in accordance with the Regulations Governing the Declaration of Foreign Exchange Receipts and Disbursements or Transactions.

1The competent authority may at any time dispatch officers or appoint a suitable agency to examine the business, finance or other relevant businesses of a foreign migrant worker remittance institution, or order the foreign migrant worker remittance institution to submit a financial report, inventory of property, or other relevant information and reports within a specified period.

2If deemed necessary, the competent authority may designate or request the foreign migrant worker remittance institution to appoint professional experts or technical personnel to inspect the operations, reports or information subject to examination according to the preceding paragraph, and submit an inspection report to the competent authority. The expenses thus incurred shall be borne by the institution being inspected.

A foreign migrant worker remittance institution shall comply with the Regulations Governing Anti-Money Laundering of Financial Institutions and Regulations Governing Internal Audit and Internal Control System of Anti-Money Laundering and Countering Terrorism Financing of Banking Business and Other Financial Institutions Designated by the Financial Supervisory Commission when providing foreign migrant workers remittance services.

A foreign migrant worker remittance institution shall join a trade association designated by the competent authority or the Electronic Payment Committee of the Bankers Association of the Republic of China before commencing operation.

The Regulations shall come into force on the date of promulgation.