外匯收支或交易申報辦法

1（Basis of Establishment）

2These regulations are prescribed pursuant to Paragraph 1, Article 6-1 of Foreign Exchange Control Act (hereinafter referred to as "the Act").

1（Declarant and Methods of Declaration）

2A person within the territory of the Republic of China who possesses or needs foreign exchange with the value equal to or over New Taiwan Dollars 500,000 and engages in its receipts and disbursements or transactions (hereinafter referred to as the declarant) shall make a declaration pursuant to these Regulations.

3Persons specified in the following subparagraphs shall be treated as a declarant:

41. A statutory agent who makes a declaration of foreign exchange settlement on behalf of others pursuant to Paragraph 2 of Article 6 herein.

52. A company or an individual that makes a declaration of foreign exchange settlement on behalf of others in its/his own name pursuant to Paragraph 1 of Article 9 herein.

63. A representative or agent of a non-resident legal entity within the territory of the Republic of China that makes a declaration of foreign exchange settlement on behalf of the non-resident legal entity pursuant to Paragraph 2 of Article 10 herein.

74. An agent of a non-resident within the territory of the Republic of China that makes a declaration of foreign exchange settlement on behalf of the non-resident pursuant to Paragraph 3 of Article 10 herein.

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1（Definitions）

2The terms as used in these Regulations are defined as follows:

31. The term "banking enterprise" shall mean banks, Agricultural Bank of Taiwan, credit cooperatives, credit departments of farmers' associations, credit departments of fishermen's associations, and the Chunghwa Post Co., Ltd. authorized by the Bank to engage in foreign exchange business.

42. The term "domestic securities firm approved to conduct foreign exchange business" (DSF) shall mean a DSF mentioned in the Regulations Governing Foreign Exchange Business of Securities Enterprises.

53. The term "electronic payment institution" shall mean an electronic payment institution approved by the Financial Supervisory Commission to operate businesses specified in Paragraph 1, Article 4 of the Act Governing Electronic Payment Institutions that involve foreign exchange business.

64. The term "company" shall mean a company organized and registered in the Republic of China pursuant to the laws of the Republic of China where it and all of its branch offices shall make declarations in its name using a Uniform Business Number assigned to it; or a branch office of a foreign company duly established and registered within the territory of the Republic of China where all branch offices of the foreign company shall be treated as one declarant and shall make declarations in the name of the first established branch office assigned with a Uniform Business Number.

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1（Direct declaration of foreign exchange settlement）

2Except of those foreign exchange transactions specified in Article 5, in which the banking enterprises shall verify the relevant contracts, letters of approval or other documents that evidence the Declaration Statement of foreign exchange receipts and disbursements or transactions before processing the declaration of foreign exchange settlements, a declarant, after filling out a Declaration Statement, may declare foreign exchange settlements against the New Taiwan dollar in the following foreign exchange receipts and disbursements or transactions:

31. Foreign exchange receipts from export of goods or provision of services to non-residents by a company, a firm, an association, or an individual;

42. Foreign exchange disbursements for import of goods by a company, a firm, an association, or an individual, or for services provided by non-residents;

53. Foreign exchange purchased or sold by a company or a firm within the annual aggregate settlement amount not exceeding the equivalent of USD 50 million or foreign exchange purchased or sold by an association or an individual within the annual aggregate settlement amount not exceeding the equivalent of USD 5 million; however the Bank may, in view of economic or financial conditions, or the needs for maintaining the order of foreign exchange market, designate foreign exchange receipts and disbursements or transactions of specific nature with annual aggregate foreign exchange purchased or sold exceeding a certain amount be handled in accordance with Paragraph 1 of Article 6 herein.

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1（Declaration of foreign exchange settlement requiring documentation）

2The declaration of foreign exchange settlement against the New Taiwan dollar involving the following foreign exchange receipts and disbursements or transactions may not be processed until the banking enterprise has confirmed that the Declaration Statement is consistent with relevant contracts, letters of approval or other documents that evidence the foreign exchange receipts and disbursements or transactions in question:

31. A single remittance by a company or a firm exceeding the equivalent of USD 1 million;

42. A single remittance by an association or an individual exceeding the equivalent of USD 500,000;

53. Remittances approved by the competent authorities for direct investment, portfolio investment or futures trading;

64. Remittances for transactions conducted within the territory of the Republic of China involving goods or services located outside the territory of the Republic of China;

75. Outward remittances of proceeds from the sale of shares by an original foreign shareholder of a primary TWSE (TPEx) listed company within the territory of the Republic of China or a foreign company registered as an emerging stock company within the territory of the Republic of China;

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1（Declaration of foreign exchange settlement requiring approval）

2The declaration of foreign exchange settlement against the New Taiwan dollar involving the following foreign exchange receipts and disbursements or transactions may not be processed until the declarant has received approval from the Bank by submitting the Declaration Statement along with evidencing documents through banking enterprises:

31. Essential remittances by a company or a firm whose annual aggregate settlement amount of foreign exchange purchased or sold has exceeded the equivalent of USD 50 million; or essential remittances by an association or an individual whose annual aggregate settlement amount of foreign exchange purchased or sold has exceeded the equivalent of USD 5 million.

42. A single remittance exceeding the equivalent of TWD 500,000 by a natural person under 18 years of age, bearing a Citizen's ID Card, a relevant Taiwan Area Resident Certificate, or an Alien Resident Certificate with a validity of more than one year from the date of issuance.

53. The following remittances where a single remittance by a non-resident exceeds the equivalent of USD 100,000 in foreign exchange purchased or sold:

6(1) Revenue from contract construction within the territory of the Republic of China;

7(2) Deposits of guarantees and arbitration fees for pending legal disputes within the territory of the Republic of China;

1（Adjustment of annual aggregate settlement amount）

2The Bank may, in view of economic and financial conditions or the needs for maintaining the order of foreign exchange market, adjust the amounts specified in the main text of Subparagraph 3, Paragraph 1 of Article 4 herein and Subparagraph 1, Paragrap 1 of the preceding article.

1（Acceptance procedure）

2When a declarant applies for declaration of foreign exchange settlement against the New Taiwan dollar at a banking enterprise, the banking enterprise shall examine and verify the identification documents or registration documents of a declarant, and advise the declarant on how to fill out a Declaration Statement, and affix its seal on the Declaration Statement in the "Signature of Banking Enterprise or DSF Personnel Advising the Declarant" section.

3Banking enterprises shall properly store the Declaration Statements filled out and other documents provided by declarants when applying for declaration of foreign exchange settlement against the New Taiwan dollar at the banking enterprise and retain such documents for at least five years.

1（Mandated declaration of foreign exchange settlement）

2Where a company or an individual trusted by others to conduct and declare foreign exchange settlement against the New Taiwan dollar in its/his own name, the trustee shall make declaration in accordance with the "Directions for Banking Enterprises While Assisting Customers in Declaring Foreign Exchange Receipts and Disbursements or Transactions", the "Directions for Domestic Securities Firms Approved to Conduct Foreign Exchange Business While Assisting Customers in Declaring Foreign Exchange Receipts and Disbursements or Transactions", and other regulations stipulated by the Bank.

3In addition to aforementioned situation, a declarant may entrust another individual to declare foreign exchange settlement against the New Taiwan dollar on his/her behalf, but the principal shall assume full responsibility for the items declared thereof. In addition, the trustee shall present a letter of mandate and identification documents of both the principal and the trustee to the banking enterprise, and make the declaration in the name of the principal.

1（Declaration of foreign exchange settlement by non-residents）

2Unless otherwise provided by the Bank, a non-resident individual making a declaration of foreign exchange settlement against the New Taiwan dollar specified in Subparagraph 5, Paragraph 1, Article 4, or Subparagraph 3, 5 or 7, Article 5 shall make the declaration in person with a passport or other identification documents.

3Unless otherwise provided by the Bank, a non-resident legal entity making a declaration of foreign exchange settlement against the New Taiwan dollar specified in Subparagraph 5, Paragraph 1, Article 4 or Subparagraph 3, 5 or 7, Article 5 shall submit a letter of authorization authorizing its representative or agent within the territory of the Republic of China to make a declaration of foreign exchange settlement on its behalf in the name of the representative or agent; where a non-resident legal entity is a foreign financial institution, the non-resident legal entity shall authorize a financial institution within the territory of the Republic of China to make a declaration of foreign exchange settlement on its behalf in the name of the financial institution.

4A non-resident making a declaration of foreign exchange settlement against the New Taiwan dollar through a banking enterprise pursuant to the rules set forth in Subparagraphs 3 and 4, Paragraph 1 of Article 6 herein, shall submit a letter of authorization authorizing its agent within the territory of the Republic of China to make a declaration of foreign exchange settlement on his/her behalf in the name of the agent.

1（Internet Declaration (1)）

2When any of the following declarants makes a declaration of foreign exchange settlement against the New Taiwan dollar, they may make a declaration to the Bank via electronic document through a banking enterprise that has been approved by the Bank to engage in foreign exchange business through electronic or communications equipment:

31. A company, a firm or an association; or

42. An individual.

5A declarant using the Internet to make a declaration of foreign exchange settlement against the New Taiwan dollar shall apply to a banking enterprise and handle related matters as stipulated.

6A banking enterprise shall abide by the following provisions when processing declarations via the Internet:

71. It shall provide a sample Declaration Statement with a description of how it shall be filled out on its website.

82. After confirming a match for the electronic signature on the declarant's completed Declaration Statement, the banking enterprise shall, based on the content of the Declaration Statement, produce the data on foreign exchange purchase/sale memo in a format prescribed by the Bank and submit it to the Bank. Such data shall be treated the same as the declarant making a declaration to the Bank.

1（Internet Declaration (2)）

2A declarant making a foreign exchange settlement through the Internet pursuant to Article 5 shall provide the banking enterprise with the original foreign exchange settlement documents or relevant foreign exchange settlement documents that match the originals; where a declarant makes a foreign exchange settlement against the New Taiwan dollar based on letters of approval from the competent authorities, the total aggregate foreign exchange settlement amount may not exceed the approved amount.

3Where a declarant making a declaration of foreign exchange settlement against the New Taiwan dollar through the Internet is found to have made an untruthful declaration, that declarant shall thereafter make declarations of foreign exchange settlements against the New Taiwan dollar in person at banking enterprises only.

1（Correction of Declaration Statement）

2A declarant shall not change the contents of the Declaration Statement after making a declaration of foreign exchange settlement against the New Taiwan dollar. However a declarant may apply to the Bank for correcting the Declaration Statement through a banking enterprise under any of the following circumstances:

31. The declarant has unintentionally submitted untruthful information, has provided evidence to which, and has submitted an opinion letter issued by a lawyer, a certified public accountant, or a banking enterprise indicating the same.

42. The declarant has already been penalized pursuant to Paragraph 1, Article 20 of the Act for intentionally making an untruthful declaration.

5If a certificate of foreign exchange settlement against the New Taiwan dollar prepared pursuant to Paragraph 3, Article 4 is found to be inconsistent with the original evidencing document, the provisions of Paragraph 2, Article 14 shall apply mutatis mutandis to the correction of the certificate.

1（Declaration of unsettled foreign exchange receipts and disbursements or trasactions and correction thereto）

2Where a declarant has not made foreign exchange settlement against the New Taiwan dollar for relevant foreign exchange receipts and disbursements or transactions, the certificate of transaction prepared by a banking enterprise shall serve as the Declaration Statement.

3The declarant shall verify the accuracy of the contents of the certificate of transaction prepared by the banking enterprise. In the event that inconsistency has been identified, the declarant shall submit the relevant evidencing documents to apply for correction with the Bank through the banking enterprise.

1（Obligation to provide explanation）

2In the event that there is a reason to believe the items declared might be untruthful, the Bank may make inquires and the declarant concerned and any related person shall be obliged to give explanations honestly.

1（Penalties）

2A declarant that fails to make a declaration on purpose or makes an untruthful declaration on purpose, or gives no explanation in reply to the inquiry before a deadline or gives fraudulent explanations, shall be subject to penalty pursuant to the provision of Paragraph 1, Article 20 of the Act.

1（Declaration of remittance to Mainland Area）

2The provisions of these Regulations shall apply mutatis mutandis to declarations of outward and inward remittances to and from the Mainland Area. Other than declaration, these remittances shall be complied with the Act Governing Relations Between The People of the Taiwan Area and the Mainland Area and its relevant regulations.

3Unless it is otherwise stipulated by the Bank, the provisions of these Regulations shall apply mutatis mutandis to declarations of renminbi receipts and disbursements or transactions in Taiwan Area.

1（Declaration processed by DSFs, electronic payment institutions and declaration by limited partnerships）

2Unless it is otherwise provided by the Bank, the provisions of these Regulations governing banking enterprises shall apply mutatis mutandis to the declaration of foreign exchange receipts and disbursement or transactions processed by DSFs and electronic payment institutions.

3The provisions of these Regulations and other provisions regarding declarations made by companies shall apply mutatis mutandis to declarations made by limited partnerships.

1（Date of implementation）

2These Regulations shall come into force on the date of promulgation.

3The amendments promulgated on December 26, 2022 shall take effect on January 1, 2023.