Regulations Governing Fraud Crime Hazard Prevention by Financial Institutions and Businesses or Personnel Providing Virtual Asset Services
2024-11-29
手機睡眠
語音選擇
Chapter 1 General Provisions
Article 1
These Regulations are promulgated pursuant to Paragraph 3 of Article 8, Paragraph 3 of Article 9, Paragraph 3 of Article 10, and Paragraph 2 of Article 11 of the Fraud Crime Hazard Prevention Act (hereinafter referred to as the "Act").
Article 2
The terms used in these Regulations are defined as follows:
1. Deposit accounts: They refer to checking deposit, demand deposit, and time deposit accounts established in financial institutions specified in Subparagraph 1 and Subparagraphs 3 to 7, Paragraph 1, Article 5 of the Money Laundering Control Act.
2. Electronic payment accounts: They refer to electronic payment accounts described in Subparagraph 4, Article 3 of the Act Governing Electronic Payment Institutions.
3. Credit cards: They refer to credit cards described in Subparagraph 1, Article 2 of the Regulations Governing Institutions Engaging in Credit Card Business.
4. Credit card settlement number: It refers to the account number set by a card issuer for the cardholder for the payment of accounts payable for credit cards.
5. Virtual account number: It refers to a virtual payment account number assigned by a deposit business institution to a payer or a designated transaction that can be used by the payer or the trader to deposit funds into the corresponding physical deposit account.
6. Virtual asset accounts: It refers to accounts opened by virtual asset customers with businesses or personnel providing virtual asset services (hereinafter referred to as the virtual asset service provider).
7. Watch-listed deposit account: It refers to a deposit account that a court, public prosecutors office, or a judicial police authority has notified deposit business institutions to classify as watch-listed.
8. Watch-listed e-payment account: It refers to an e-payment account that a court, public prosecutors office, or a judicial police authority has notified electronic payment institutions to classify as watch-listed.
9. Watch-listed virtual account: It refers to a virtual account that a court, public prosecutors office, or a judicial police authority has notified deposit business institutions to classify as watch-listed.
10. Watch-listed credit card settlement number: It refers to a credit card settlement number that a court, public prosecutors office, or a judicial police authority has notified deposit business institutions to classify as watch-listed.
11. Watch-listed virtual asset account: It refers to a virtual asset account that a court, public prosecutors office, or a judicial police authority has notified virtual asset service providers to classify as watch-listed.
12. Deposit business institution: It refers to financial institutions specified in Subparagraph 1 and Subparagraphs 3 to 7, Paragraph 1, Article 5 of the Money Laundering Control Act.
13. Electronic payment institution: It refers to an electronic payment institution as described in Subparagraph 1, Article 3 of the Act Governing Electronic Payment Institutions.
14. Credit card business institution: It refers to an institution engaging in credit card business described in Subparagraph 7, Article 2 of the Regulations Governing Institutions Engaging in Credit Card Business.
15. Card issuer: It refers to a card issuer described in Subparagraph 9, Article 2 of the Regulations Governing Institutions Engaging in Credit Card Business.
1. Deposit accounts: They refer to checking deposit, demand deposit, and time deposit accounts established in financial institutions specified in Subparagraph 1 and Subparagraphs 3 to 7, Paragraph 1, Article 5 of the Money Laundering Control Act.
2. Electronic payment accounts: They refer to electronic payment accounts described in Subparagraph 4, Article 3 of the Act Governing Electronic Payment Institutions.
3. Credit cards: They refer to credit cards described in Subparagraph 1, Article 2 of the Regulations Governing Institutions Engaging in Credit Card Business.
4. Credit card settlement number: It refers to the account number set by a card issuer for the cardholder for the payment of accounts payable for credit cards.
5. Virtual account number: It refers to a virtual payment account number assigned by a deposit business institution to a payer or a designated transaction that can be used by the payer or the trader to deposit funds into the corresponding physical deposit account.
6. Virtual asset accounts: It refers to accounts opened by virtual asset customers with businesses or personnel providing virtual asset services (hereinafter referred to as the virtual asset service provider).
7. Watch-listed deposit account: It refers to a deposit account that a court, public prosecutors office, or a judicial police authority has notified deposit business institutions to classify as watch-listed.
8. Watch-listed e-payment account: It refers to an e-payment account that a court, public prosecutors office, or a judicial police authority has notified electronic payment institutions to classify as watch-listed.
9. Watch-listed virtual account: It refers to a virtual account that a court, public prosecutors office, or a judicial police authority has notified deposit business institutions to classify as watch-listed.
10. Watch-listed credit card settlement number: It refers to a credit card settlement number that a court, public prosecutors office, or a judicial police authority has notified deposit business institutions to classify as watch-listed.
11. Watch-listed virtual asset account: It refers to a virtual asset account that a court, public prosecutors office, or a judicial police authority has notified virtual asset service providers to classify as watch-listed.
12. Deposit business institution: It refers to financial institutions specified in Subparagraph 1 and Subparagraphs 3 to 7, Paragraph 1, Article 5 of the Money Laundering Control Act.
13. Electronic payment institution: It refers to an electronic payment institution as described in Subparagraph 1, Article 3 of the Act Governing Electronic Payment Institutions.
14. Credit card business institution: It refers to an institution engaging in credit card business described in Subparagraph 7, Article 2 of the Regulations Governing Institutions Engaging in Credit Card Business.
15. Card issuer: It refers to a card issuer described in Subparagraph 9, Article 2 of the Regulations Governing Institutions Engaging in Credit Card Business.
Chapter 2 Standards for Identifying Abnormal Accounts (Account Numbers) and Notification Procedures
Section 1 Deposit Accounts
Article 3
The criteria for identifying abnormal deposit accounts or transactions suspected of involvement in fraud are as follows:
1. The applicant frequently applies to open a deposit account or to set up designated accounts over a short period of time without reasonable explanation.
2. The transaction functions applied for are obviously inconsistent with the account holder’s age or background.
3. The contact information provided by the account holder cannot be verified by using reasonable measures.
4. The deposit account has been reported by a financial institution or a member of the public as being used by someone suspected of criminal activities.
5. The deposit account has been used with frequent small amount inward/outward remittances suspected of being probing activities.
6. The user makes frequent use of electronic services or facilities of deposit business institutions within a short period of time in a manner that is obviously at variance with the normal transaction activities of the account holder.
7. An inactive deposit account with unexpected unusual transactions.
8. The telephone number provided by the account holder is the same as a telephone number provided by the account holder of another watch-listed deposit account in the same deposit business institution, suspected to be used for criminal activity.
9. The virtual account linked to the deposit account has been listed as a watch-listed virtual account several times within a certain period of time.
10. A deposit account has transactions suspected of involving fraud, as listed in the Model Guidelines for Banks' Anti-Money Laundering and Counter-Terrorism Financing Policies and Procedures.
11. Other deposit accounts or transactions determined by the competent authorities or deposit business institutions that are suspected of being involved in fraud.
1. The applicant frequently applies to open a deposit account or to set up designated accounts over a short period of time without reasonable explanation.
2. The transaction functions applied for are obviously inconsistent with the account holder’s age or background.
3. The contact information provided by the account holder cannot be verified by using reasonable measures.
4. The deposit account has been reported by a financial institution or a member of the public as being used by someone suspected of criminal activities.
5. The deposit account has been used with frequent small amount inward/outward remittances suspected of being probing activities.
6. The user makes frequent use of electronic services or facilities of deposit business institutions within a short period of time in a manner that is obviously at variance with the normal transaction activities of the account holder.
7. An inactive deposit account with unexpected unusual transactions.
8. The telephone number provided by the account holder is the same as a telephone number provided by the account holder of another watch-listed deposit account in the same deposit business institution, suspected to be used for criminal activity.
9. The virtual account linked to the deposit account has been listed as a watch-listed virtual account several times within a certain period of time.
10. A deposit account has transactions suspected of involving fraud, as listed in the Model Guidelines for Banks' Anti-Money Laundering and Counter-Terrorism Financing Policies and Procedures.
11. Other deposit accounts or transactions determined by the competent authorities or deposit business institutions that are suspected of being involved in fraud.
Article 4
Deposit business institutions shall implement enhanced due diligence to verify the identity of the account holder in cases of abnormal deposit accounts suspected of fraud, and may adopt the following ongoing due diligence measures:
1. Obtaining the approval of senior management before establishing or entering a new business relationship.
2. Taking reasonable measures to understand the sources of wealth and the source of funds of the account holder. The aforementioned source of funds refers to the substantial source from which the funds generate.
3. Conducting enhanced ongoing monitoring of the business relationship.
1. Obtaining the approval of senior management before establishing or entering a new business relationship.
2. Taking reasonable measures to understand the sources of wealth and the source of funds of the account holder. The aforementioned source of funds refers to the substantial source from which the funds generate.
3. Conducting enhanced ongoing monitoring of the business relationship.
Article 5
When deposit business institutions implement control and management measures for abnormal deposit accounts suspected of fraud, as described in the second half of Paragraph 1, Article 8 of the Act, they may send peer notifications to other deposit business institutions by telephone, e-mail, or other means acceptable to the recipient to obtain information about such abnormal deposit accounts suspected of fraud.
The recipient of the inquiry shall provide the following information as requested by the inquiring institution:
1. Account holder’s name of the deposit account and account opening date.
2. The age and occupation of the account holder and the purpose of the account opening or transaction.
3. Whether there are any abnormal transactions in the deposit account and whether the account is being monitored.
In addition to the peer reference items in the preceding paragraph, the recipient of the notification may also provide other necessary information requested by the entity sending the inquiry to implement the control measures in the second half of Paragraph 1, Article 8 of the Act.
The recipient of the notification shall provide the information within five business days. However, this shall not be required if there are practical operational difficulties, which have been explained to the inquiring entity within the preceding period and both parties agree to extend the period for providing the requested information.
The key points or procedures for the confirmation of the inquiring entity by the recipient of the notification under this Article shall be formulated by the Bankers Association of the Republic of China and reported to the competent authority for recordation.
The recipient of the inquiry shall provide the following information as requested by the inquiring institution:
1. Account holder’s name of the deposit account and account opening date.
2. The age and occupation of the account holder and the purpose of the account opening or transaction.
3. Whether there are any abnormal transactions in the deposit account and whether the account is being monitored.
In addition to the peer reference items in the preceding paragraph, the recipient of the notification may also provide other necessary information requested by the entity sending the inquiry to implement the control measures in the second half of Paragraph 1, Article 8 of the Act.
The recipient of the notification shall provide the information within five business days. However, this shall not be required if there are practical operational difficulties, which have been explained to the inquiring entity within the preceding period and both parties agree to extend the period for providing the requested information.
The key points or procedures for the confirmation of the inquiring entity by the recipient of the notification under this Article shall be formulated by the Bankers Association of the Republic of China and reported to the competent authority for recordation.
Section 2 Electronic Payment Accounts
Article 6
The criteria for identifying abnormal electronic payment accounts or transactions suspected of involvement in fraud are as follows:
1. The applicant frequently applies to open an e-payment account over a short period of time without reasonable explanation.
2. The transaction functions applied for are obviously inconsistent with the user's age or background.
3. The contact information provided by the user cannot be verified by using reasonable measures.
4. The e-payment account has been reported by a financial institution or a member of the general public as being used by someone suspected of criminal activity
5. The e-payment account has been used with frequent small amount inward/outward remittances suspected of being probing activities.
6. The user makes frequent use of electronic services or facilities of electronic payment institutions within a short period of time in a manner that is obviously at variance with the normal transaction activities of the user.
7. An inactive account with unexpected unusual transactions.
8. The telephone number provided by the user is the same as a telephone number provided by the user of another watch-listed electronic payment account, suspected of criminal activity.
9. Accounts with transactions that show signs of involvement in fraud, as set out in the Template for Directions Governing Anti-Money Laundering and Counter-Financing of Terrorism of Electronic Payment Institutions.
10. Other e-payment accounts or transactions determined by the competent authority or electronic payment institutions that are suspected of being involved in fraud.
1. The applicant frequently applies to open an e-payment account over a short period of time without reasonable explanation.
2. The transaction functions applied for are obviously inconsistent with the user's age or background.
3. The contact information provided by the user cannot be verified by using reasonable measures.
4. The e-payment account has been reported by a financial institution or a member of the general public as being used by someone suspected of criminal activity
5. The e-payment account has been used with frequent small amount inward/outward remittances suspected of being probing activities.
6. The user makes frequent use of electronic services or facilities of electronic payment institutions within a short period of time in a manner that is obviously at variance with the normal transaction activities of the user.
7. An inactive account with unexpected unusual transactions.
8. The telephone number provided by the user is the same as a telephone number provided by the user of another watch-listed electronic payment account, suspected of criminal activity.
9. Accounts with transactions that show signs of involvement in fraud, as set out in the Template for Directions Governing Anti-Money Laundering and Counter-Financing of Terrorism of Electronic Payment Institutions.
10. Other e-payment accounts or transactions determined by the competent authority or electronic payment institutions that are suspected of being involved in fraud.
Article 7
Electronic payment institutions shall implement enhanced due diligence to verify the identity of users in cases of abnormal electronic payment accounts suspected of fraud, and may adopt the following ongoing due diligence measures:
1. Obtaining the approval of senior management before establishing or entering a new business relationship.
2. Taking reasonable measures to understand the source of funds of the user. The aforementioned source of funds refers to the substantial source from which the funds generate.
3. Conducting enhanced ongoing monitoring of the business relationship.
1. Obtaining the approval of senior management before establishing or entering a new business relationship.
2. Taking reasonable measures to understand the source of funds of the user. The aforementioned source of funds refers to the substantial source from which the funds generate.
3. Conducting enhanced ongoing monitoring of the business relationship.
Article 8
When electronic payment institutions implement control measures for abnormal electronic payment accounts suspected of fraud, as described in the second half of Paragraph 1, Article 8 of the Act, they may send peer notifications to other electronic payment institutions by telephone, e-mail, or other means acceptable to the recipient to obtain information about such abnormal electronic payment accounts suspected of fraud.
The recipient of the inquiry shall provide the following information as requested by the inquiring institution:
1. Account name of the electronic payment account and account opening date.
2. The user's age.
3. Whether there are any abnormal transactions in the electronic payment account and whether the account is being monitored.
In addition to the peer reference items in the preceding paragraph, the recipient of the notification may also provide other necessary information requested by the entity sending the inquiry to implement the control measures in the second half of Paragraph 1, Article 8 of the Act.
The recipient of the notification shall provide the information within five business days. However, this shall not be required if there are practical operational difficulties, which have been explained to the inquiring entity within the preceding period and both parties agree to extend the period for providing the requested information.
The key points or procedures for the confirmation of the inquiring entity by the recipient of the notification under this Article shall be formulated by the Bankers Association of the Republic of China and reported to the competent authority for recordation.
The recipient of the inquiry shall provide the following information as requested by the inquiring institution:
1. Account name of the electronic payment account and account opening date.
2. The user's age.
3. Whether there are any abnormal transactions in the electronic payment account and whether the account is being monitored.
In addition to the peer reference items in the preceding paragraph, the recipient of the notification may also provide other necessary information requested by the entity sending the inquiry to implement the control measures in the second half of Paragraph 1, Article 8 of the Act.
The recipient of the notification shall provide the information within five business days. However, this shall not be required if there are practical operational difficulties, which have been explained to the inquiring entity within the preceding period and both parties agree to extend the period for providing the requested information.
The key points or procedures for the confirmation of the inquiring entity by the recipient of the notification under this Article shall be formulated by the Bankers Association of the Republic of China and reported to the competent authority for recordation.
Section 3 Credit Cards
Article 9
The criteria for identifying abnormal credit cards or transactions suspected of involvement in-fraud are as follows:
1. The applicant frequently applies for credit cards over a short period of time without reasonable explanation.
2. The credit card has been reported by a financial institution or a member of the general public as being used by someone suspected of criminal activity.
3. The credit card has been used with frequent small transactions suspected of being probing activities.
4. The user makes frequent use of credit card transactions within a short period of time in a manner that is obviously at variance with the normal transaction activities of the cardholder.
5. An inactive credit card with unexpected unusual transactions.
6. The telephone number provided by the cardholder is the same as a telephone number provided by a cardholder of another watch-listed credit card settlement number in the same issuer , suspected of criminal activity.
7. A credit card with transactions that show signs of involvement in fraud, as set out in the Template for Directions Governing Anti-Money Laundering and Counter-Financing for Credit Card Business Institutions.
8. Other credit cards or transactions determined by the competent authority or issuers that are suspected of being involved in fraud.
1. The applicant frequently applies for credit cards over a short period of time without reasonable explanation.
2. The credit card has been reported by a financial institution or a member of the general public as being used by someone suspected of criminal activity.
3. The credit card has been used with frequent small transactions suspected of being probing activities.
4. The user makes frequent use of credit card transactions within a short period of time in a manner that is obviously at variance with the normal transaction activities of the cardholder.
5. An inactive credit card with unexpected unusual transactions.
6. The telephone number provided by the cardholder is the same as a telephone number provided by a cardholder of another watch-listed credit card settlement number in the same issuer , suspected of criminal activity.
7. A credit card with transactions that show signs of involvement in fraud, as set out in the Template for Directions Governing Anti-Money Laundering and Counter-Financing for Credit Card Business Institutions.
8. Other credit cards or transactions determined by the competent authority or issuers that are suspected of being involved in fraud.
Article 10
Card issuers shall implement enhanced due diligence to verify the identity of the cardholder in cases of abnormal credit cards suspected of fraud, and may adopt the following ongoing due diligence measures:
1. Obtaining the approval of senior management before establishing or entering a new business relationship.
2. Taking reasonable measures to understand the sources of wealth and the source of funds of the cardholder. The aforementioned source of funds refers to the substantial source from which the funds generate.
3. Conducting enhanced ongoing monitoring of the business relationship.
1. Obtaining the approval of senior management before establishing or entering a new business relationship.
2. Taking reasonable measures to understand the sources of wealth and the source of funds of the cardholder. The aforementioned source of funds refers to the substantial source from which the funds generate.
3. Conducting enhanced ongoing monitoring of the business relationship.
Article 11
When card issuers implement control and management measures for abnormal credit cards suspected of fraud, as described in the second half of Paragraph 1, Article 8 of the Act,they may send peer notifications other credit card business institutions by telephone, e-mail, or other means acceptable to the recipient to obtain information about such abnormal credit cards suspected of fraud.
The recipient of the inquiry shall provide the following information as requested by the inquiring institution:
1. Name of the cardholder and card activation date.
2. The age and occupation of the cardholder.
3. Whether there are any abnormal transactions on the credit card and whether the card is being monitored.
In addition to the peer reference items in the preceding paragraph, the recipient of the notification may also provide other necessary information requested by the entity sending the inquiry to implement the control measures in the second half of Paragraph 1, Article 8 of the Act.
The recipient of the notification shall provide the information within five business days. However, this shall not be required if there are practical operational difficulties, which have been explained to the inquiring entity within the preceding period and both parties agree to extend the period for providing the requested information.
The key points or procedures for the confirmation of the inquiring entity by the recipient of the notification under this Article shall be formulated by the Bankers Association of the Republic of China and reported to the competent authority for recordation.
The recipient of the inquiry shall provide the following information as requested by the inquiring institution:
1. Name of the cardholder and card activation date.
2. The age and occupation of the cardholder.
3. Whether there are any abnormal transactions on the credit card and whether the card is being monitored.
In addition to the peer reference items in the preceding paragraph, the recipient of the notification may also provide other necessary information requested by the entity sending the inquiry to implement the control measures in the second half of Paragraph 1, Article 8 of the Act.
The recipient of the notification shall provide the information within five business days. However, this shall not be required if there are practical operational difficulties, which have been explained to the inquiring entity within the preceding period and both parties agree to extend the period for providing the requested information.
The key points or procedures for the confirmation of the inquiring entity by the recipient of the notification under this Article shall be formulated by the Bankers Association of the Republic of China and reported to the competent authority for recordation.
Section 4 Virtual Asset Accounts
Article 12
The criteria for identifying abnormal virtual asset accounts or transactions suspected of involvement in-fraud are as follows:
1. The applicant frequently applies for virtual asset accounts over a short period of time without reasonable explanation.
2. The transaction functions requested by the customer are obviously inconsistent with the customer's age or background.
3. The contact information provided by the customer cannot be verified by using reasonable measures.
4. The virtual asset account has been reported by a virtual asset service provider or a member of the general public as being used by someone suspected of criminal activity.
5. The virtual asset account has been used with frequent small amount inward/outward remittances suspected of being probing activities.
6. The customer makes frequent use of the services or facilities of virtual asset service providers within a short period of time in a manner that is obviously at variance with the normal transaction activities of the customer.
7. An inactive virtual asset account with unexpected unusual transactions.
8. A virtual asset account with transactions that show signs of involvement in fraud, as set out in the Anti-Money Laundering, Counter-Terrorism Financing, and Anti-Fraud Crime and Industry Joint Defense Mechanisms and other self-regulatory rules of the Taiwan Virtual Asset Service Provider Association.
9. Other abnormal virtual asset accounts or transactions deemed suspicious by the competent authority or virtual asset service providers that aresuspected of being involved in fraud.
1. The applicant frequently applies for virtual asset accounts over a short period of time without reasonable explanation.
2. The transaction functions requested by the customer are obviously inconsistent with the customer's age or background.
3. The contact information provided by the customer cannot be verified by using reasonable measures.
4. The virtual asset account has been reported by a virtual asset service provider or a member of the general public as being used by someone suspected of criminal activity.
5. The virtual asset account has been used with frequent small amount inward/outward remittances suspected of being probing activities.
6. The customer makes frequent use of the services or facilities of virtual asset service providers within a short period of time in a manner that is obviously at variance with the normal transaction activities of the customer.
7. An inactive virtual asset account with unexpected unusual transactions.
8. A virtual asset account with transactions that show signs of involvement in fraud, as set out in the Anti-Money Laundering, Counter-Terrorism Financing, and Anti-Fraud Crime and Industry Joint Defense Mechanisms and other self-regulatory rules of the Taiwan Virtual Asset Service Provider Association.
9. Other abnormal virtual asset accounts or transactions deemed suspicious by the competent authority or virtual asset service providers that aresuspected of being involved in fraud.
Article 13
Virtual asset service providers shall implement enhanced customer due diligence to verify the identity of the customer in cases of abnormal virtual asset accounts suspected of fraud, and may adopt the following ongoing customer due diligence measures:
1. Obtaining the approval of senior management of the virtual asset service provider before establishing or entering a new business relationship.
2. Taking reasonable measures to understand the sources of wealth and the source of funds of the customer; The aforementioned source of funds refers to the substantial source from which the funds generate.
3. Conducting enhanced ongoing monitoring of the business relationship.
1. Obtaining the approval of senior management of the virtual asset service provider before establishing or entering a new business relationship.
2. Taking reasonable measures to understand the sources of wealth and the source of funds of the customer; The aforementioned source of funds refers to the substantial source from which the funds generate.
3. Conducting enhanced ongoing monitoring of the business relationship.
Article 14
When virtual asset service providers implement control measures for abnormal virtual asset accounts suspected of fraud, as described in the second half of Paragraph 1, Article 8 of the Act, they may send peer notifications to other virtual asset service providers by telephone, e-mail, or other means acceptable to the recipient to obtain information about such abnormal virtual asset accounts suspected of fraud.
The recipient of the inquiry shall provide the following information as requested by the inquiring institution:
1. Name of the customer of the virtual asset account and opening date of the virtual asset account.
2. The age and occupation of the customer and the purpose of the virtual asset account opening or transaction.
3. Whether there are any abnormal transactions in the virtual asset account and whether the account is being monitored.
In addition to the peer reference items in the preceding paragraph, the recipient of the notification may also provide other necessary information requested by the entity sending the inquiry to implement the control measures in the second half of Paragraph 1, Article 8 of the Act.
The recipient of the notification shall provide the information within five business days. However, this shall not be required if there are practical operational difficulties, which have been explained to the inquiring entity within the preceding period and both parties agree to extend the period for providing the requested information.
The key points or procedures for the confirmation of the inquiring entity by the recipient of the notification under this Article shall be formulated by the Taiwan Virtual Asset Service Provider Association and reported to the competent authority for recordation.
The recipient of the inquiry shall provide the following information as requested by the inquiring institution:
1. Name of the customer of the virtual asset account and opening date of the virtual asset account.
2. The age and occupation of the customer and the purpose of the virtual asset account opening or transaction.
3. Whether there are any abnormal transactions in the virtual asset account and whether the account is being monitored.
In addition to the peer reference items in the preceding paragraph, the recipient of the notification may also provide other necessary information requested by the entity sending the inquiry to implement the control measures in the second half of Paragraph 1, Article 8 of the Act.
The recipient of the notification shall provide the information within five business days. However, this shall not be required if there are practical operational difficulties, which have been explained to the inquiring entity within the preceding period and both parties agree to extend the period for providing the requested information.
The key points or procedures for the confirmation of the inquiring entity by the recipient of the notification under this Article shall be formulated by the Taiwan Virtual Asset Service Provider Association and reported to the competent authority for recordation.
Chapter 3 Recordkeeping and Notification of Data Transactions and Account Management
Section 1 Deposit Accounts
Article 15
When deposit business institutions implement measures in accordance with the second half of Paragraph 1, Article 8 of the Act, they shall retain the following information and transaction records in hard copy or electronic format:
1. All records obtained through CDD measures, such as copies or records of passports, identity cards, driving licenses or other similar official identification documents of the account holder.
2. Contract files.
3. All abnormal transaction records of deposit accounts suspected of fraud.
4. Data and records obtained from peer notifications regarding abnormal deposit accounts suspected of fraud, in accordance with the regulations in Chapter 2.
The abnormal transaction records of electronic deposit accounts suspected of being involved in fraud, as referred to in Subparagraph 3 of the preceding paragraph, shall be sufficient to reconstruct individual abnormal transactions and serve as evidence for identifying illegal activity.
1. All records obtained through CDD measures, such as copies or records of passports, identity cards, driving licenses or other similar official identification documents of the account holder.
2. Contract files.
3. All abnormal transaction records of deposit accounts suspected of fraud.
4. Data and records obtained from peer notifications regarding abnormal deposit accounts suspected of fraud, in accordance with the regulations in Chapter 2.
The abnormal transaction records of electronic deposit accounts suspected of being involved in fraud, as referred to in Subparagraph 3 of the preceding paragraph, shall be sufficient to reconstruct individual abnormal transactions and serve as evidence for identifying illegal activity.
Article 16
Where a deposit account is deemed as an abnormal deposit account suspected of fraud, the deposit business institution shall take the following response measures:
It shall strengthen the CDD measures for the account holder in accordance with the second half of Paragraph 1, Article 8 of the Act. It may adopt control measures such as continual review, suspension of deposits or withdrawals, suspension of outward remittance of funds, suspension of all or certain transaction functions, and refusal to establish a business relationship or to provide services, and may report to the judicial police authority.
If a virtual account is watch-listed, the deposit business institution shall suspend all transaction functions of the virtual account and earmark an amount in the deposit account that corresponds to the amount in the virtual account. Subsequent inward remittances of the virtual account shall be returned to the deposit business institution or electronic payment institution that conducted the remittance by refunds. If there is no outward remittance account corresponding to the virtual account to which the remittance can be returned, the deposit business institution shall earmark the amount in the virtual account. The deposit business institution shall immediately notify the account holder to take relevant control measures with regard to the user of the virtual account.
Measures to be taken in accordance with the Money Laundering Control Act and other applicable laws and regulations.
When a deposit business institution notifies the judicial police in accordance with the regulations in the preceding paragraph, it shall use the telephone,fax, email, electronic platform, or other feasible means. It shall also provide documents of abnormal deposit accounts suspected of fraud, the identity of the account holder, relevant transaction records, or other documents required to be provided under the notification method based on the request.
It shall strengthen the CDD measures for the account holder in accordance with the second half of Paragraph 1, Article 8 of the Act. It may adopt control measures such as continual review, suspension of deposits or withdrawals, suspension of outward remittance of funds, suspension of all or certain transaction functions, and refusal to establish a business relationship or to provide services, and may report to the judicial police authority.
If a virtual account is watch-listed, the deposit business institution shall suspend all transaction functions of the virtual account and earmark an amount in the deposit account that corresponds to the amount in the virtual account. Subsequent inward remittances of the virtual account shall be returned to the deposit business institution or electronic payment institution that conducted the remittance by refunds. If there is no outward remittance account corresponding to the virtual account to which the remittance can be returned, the deposit business institution shall earmark the amount in the virtual account. The deposit business institution shall immediately notify the account holder to take relevant control measures with regard to the user of the virtual account.
Measures to be taken in accordance with the Money Laundering Control Act and other applicable laws and regulations.
When a deposit business institution notifies the judicial police in accordance with the regulations in the preceding paragraph, it shall use the telephone,fax, email, electronic platform, or other feasible means. It shall also provide documents of abnormal deposit accounts suspected of fraud, the identity of the account holder, relevant transaction records, or other documents required to be provided under the notification method based on the request.
Article 17
After receiving a report from the deposit business institution, the judicial police authority shall notify the deposit business institution in writing letter within 20 days regarding the subsequent measures for account monitoring or the release of the abnormal deposit accounts involved in fraud. If the judicial police authority fails to notify the deposit business institution within this period, the deposit business institution may continue to apply measures.
In case of major contingencies, the judicial police authority may send the notification in the preceding paragraph to the deposit business institution by telephone, fax, email, or other feasible means, followed by a confirming official letter and documents which should be delivered within five business days.
In case of major contingencies, the judicial police authority may send the notification in the preceding paragraph to the deposit business institution by telephone, fax, email, or other feasible means, followed by a confirming official letter and documents which should be delivered within five business days.
Section 2 Electronic Payment Accounts
Article 18
When electronic payment institutions implement measures in accordance with the second half of Paragraph 1, Article 8 of the Act, they shall retain the following information and transaction records in hard copy or electronic format:
1. All records obtained through CDD measures, such as copies or records of passports, identity cards, or other similar official identification documents of the user.
2. Contract files.
3. All abnormal transaction records of electronic payment accounts suspected of fraud.
4. Data and records obtained from peer notifications regarding abnormal electronic payment accounts suspected of fraud, in accordance with the regulations in Chapter 2.
The abnormal transactions records of electronic payment accounts suspected of being involved in fraud, as referred in Subparagraph 3 of the preceding paragraph,shall be sufficient to reconstruct individual abnormal transactions, and shall serve as evidence for identifying illegal activity.
1. All records obtained through CDD measures, such as copies or records of passports, identity cards, or other similar official identification documents of the user.
2. Contract files.
3. All abnormal transaction records of electronic payment accounts suspected of fraud.
4. Data and records obtained from peer notifications regarding abnormal electronic payment accounts suspected of fraud, in accordance with the regulations in Chapter 2.
The abnormal transactions records of electronic payment accounts suspected of being involved in fraud, as referred in Subparagraph 3 of the preceding paragraph,shall be sufficient to reconstruct individual abnormal transactions, and shall serve as evidence for identifying illegal activity.
Article 19
Where an electronic payment account is identified as an suspicious electronic payment account involved in fraud, the electronic payment institution shall take the following measures:
1. It shall strengthen the CDD measures for the applicant in accordance with the second half of Paragraph 1, Article 8 of the Act. It may adopt control measures such as continual review, suspension of inward remittances (transfers) or withdrawals, suspension of all or part of the transaction functions, refusal to establish a business relationship or to provide services, and may report to the judicial police authority.
2. Measures to be taken in accordance with the Money Laundering Control Act and other applicable laws and regulations.
When the electronic payment institution reports to the judicial police authority in accordance with the regulations in the preceding paragraph, it shall use the telephone, fax, email, electronic platform, or other feasible means. The institution shall also provide relevant documents related to the suspicious electronic payment accounts, the user’s identity information, relevant transaction records, or other documents required to be provided under the reporting.
1. It shall strengthen the CDD measures for the applicant in accordance with the second half of Paragraph 1, Article 8 of the Act. It may adopt control measures such as continual review, suspension of inward remittances (transfers) or withdrawals, suspension of all or part of the transaction functions, refusal to establish a business relationship or to provide services, and may report to the judicial police authority.
2. Measures to be taken in accordance with the Money Laundering Control Act and other applicable laws and regulations.
When the electronic payment institution reports to the judicial police authority in accordance with the regulations in the preceding paragraph, it shall use the telephone, fax, email, electronic platform, or other feasible means. The institution shall also provide relevant documents related to the suspicious electronic payment accounts, the user’s identity information, relevant transaction records, or other documents required to be provided under the reporting.
Article 20
After receiving a report from the electronic payment institution, the judicial police authority shall notify the electronic payment institution in writing letter within 20 days regarding the subsequent measures for account monitoring or the release of the abnormal electronic payment accounts involved in fraud. If the judicial police authority fails to notify the electronic payment institution within this period, the electronic payment institution may continue to apply measures.
In case of major contingencies, the judicial police authority may send the notification in the preceding paragraph to the electronic payment institution by telephone, fax, email, or other feasible means, followed by a confirming official letter and documents which should be delivered within five business days.
In case of major contingencies, the judicial police authority may send the notification in the preceding paragraph to the electronic payment institution by telephone, fax, email, or other feasible means, followed by a confirming official letter and documents which should be delivered within five business days.
Section 3 Credit Cards
Article 21
When card issuers implement measures in accordance with the second half of Paragraph 1, Article 8 of the Act, they shall retain the following information and transaction records in hard copy or electronic format:
1. All records obtained through CDD measures, such as copies or records of passports, identity cards, driving licenses or other similar official identification documents of the cardholder.
2. Contract files.
3. All abnormal transaction records of credit cards suspected of fraud.
4. Data and records obtained from peer notifications regarding abnormal credit cards suspected of fraud, in accordance with the regulations in Chapter 2.
The abnormal transaction records of credit cards suspected of being involved in fraud, as referred to in Subparagraph 3 of the preceding paragraph, shall be sufficient to reconstruct individual abnormal transactions and shall serve as evidence for identifying illegal activity.
1. All records obtained through CDD measures, such as copies or records of passports, identity cards, driving licenses or other similar official identification documents of the cardholder.
2. Contract files.
3. All abnormal transaction records of credit cards suspected of fraud.
4. Data and records obtained from peer notifications regarding abnormal credit cards suspected of fraud, in accordance with the regulations in Chapter 2.
The abnormal transaction records of credit cards suspected of being involved in fraud, as referred to in Subparagraph 3 of the preceding paragraph, shall be sufficient to reconstruct individual abnormal transactions and shall serve as evidence for identifying illegal activity.
Article 22
Where a credit card is deemed as an abnormal credit card suspected of fraud, the card issuer shall take the following response measures:
1. It shall strengthen the CDD measures for the customer in accordance with the second half of Paragraph 1, Article 8 of the Act. It may adopt control measures such as continual review, credit card management, suspension of credit card account transaction functions, and refusal to establish a business relationship or to provide services, and may report to the judicial police authority.
2. Measures to be taken in accordance with the Money Laundering Control Act and other applicable laws and regulations.
When a card issuer notifies the judicial police authority in accordance with the regulations in the preceding paragraph, it shall use the telephone, fax, email, electronic platform, or other feasible means. It shall also provide documents of abnormal credit cards suspected of fraud, the identity of the cardholder, relevant transaction records, or other documents required to be provided under the notification method based on the request.
1. It shall strengthen the CDD measures for the customer in accordance with the second half of Paragraph 1, Article 8 of the Act. It may adopt control measures such as continual review, credit card management, suspension of credit card account transaction functions, and refusal to establish a business relationship or to provide services, and may report to the judicial police authority.
2. Measures to be taken in accordance with the Money Laundering Control Act and other applicable laws and regulations.
When a card issuer notifies the judicial police authority in accordance with the regulations in the preceding paragraph, it shall use the telephone, fax, email, electronic platform, or other feasible means. It shall also provide documents of abnormal credit cards suspected of fraud, the identity of the cardholder, relevant transaction records, or other documents required to be provided under the notification method based on the request.
Article 23
After receiving a report from the card issuer, the judicial police authority shall notify the card issuer with an official letter within 20 days to carry out subsequent measures for account monitoring or release of the abnormal credit cards suspected of fraud. The card issuer may continue monitoring if the notification to the card issuer is delayed.
In case of major contingencies, the judicial police authority may send the notification in the preceding paragraph to the card issuer by telephone, fax, email, or other feasible means, followed by a confirming official letter and documents which should be delivered within five business days.
In case of major contingencies, the judicial police authority may send the notification in the preceding paragraph to the card issuer by telephone, fax, email, or other feasible means, followed by a confirming official letter and documents which should be delivered within five business days.
Section 4 Virtual Asset Accounts
Article 24
When virtual asset service providers implement measures in accordance with the second half of Paragraph 1, Article 8 of the Act, they shall retain the following information and transaction records in hard copy or electronic format:
1. All records obtained through CDD measures, such as copies or records of passports, identity cards, driving licenses or other similar official identification documents of the customer.
2. Contract files.
3. All abnormal transaction records of virtual asset accounts suspected of fraud.
4. Data and records obtained from peer notifications regarding abnormal virtual asset accounts suspected of fraud, in accordance with the regulations in Chapter 2.
The abnormal transaction records of virtual asset accounts suspected of being involved in fraud, as referred to in Subparagraph 3 of the preceding paragraph, shall be sufficient to reconstruct individual abnormal transactions and shall serve as evidence for identifying illegal activity.
1. All records obtained through CDD measures, such as copies or records of passports, identity cards, driving licenses or other similar official identification documents of the customer.
2. Contract files.
3. All abnormal transaction records of virtual asset accounts suspected of fraud.
4. Data and records obtained from peer notifications regarding abnormal virtual asset accounts suspected of fraud, in accordance with the regulations in Chapter 2.
The abnormal transaction records of virtual asset accounts suspected of being involved in fraud, as referred to in Subparagraph 3 of the preceding paragraph, shall be sufficient to reconstruct individual abnormal transactions and shall serve as evidence for identifying illegal activity.
Article 25
When a virtual asset account is deemed as an abnormal virtual asset account suspected of fraud crime, the virtual asset service provider shall take the following measures:
1. In accordance with the second half of Paragraph 1, Article 8 of the Act, the virtual asset service provider shall strengthen the CDD measures for the customer and may adopt control measures such as continual review, suspension of deposits or withdrawals, suspension of outward remittance of virtual assets and funds, suspension of all or partial transaction functions, and refusal to establish a business relationship, service provision, and other control measures, and may report to the judicial police authority.
2. Measures to be taken in accordance with the Money Laundering Control Act and other applicable laws and regulations.
When a virtual asset service provider notifies the judicial police authority in accordance with the regulations in the preceding paragraph, it shall use the telephone, fax, email, electronic platform, or other feasible means. The virtual asset service provider shall also provide documents of abnormal virtual asset service accounts suspected of fraud crime, the identity of the customer, relevant transaction records, or other documents required to be provided under the notification method .
1. In accordance with the second half of Paragraph 1, Article 8 of the Act, the virtual asset service provider shall strengthen the CDD measures for the customer and may adopt control measures such as continual review, suspension of deposits or withdrawals, suspension of outward remittance of virtual assets and funds, suspension of all or partial transaction functions, and refusal to establish a business relationship, service provision, and other control measures, and may report to the judicial police authority.
2. Measures to be taken in accordance with the Money Laundering Control Act and other applicable laws and regulations.
When a virtual asset service provider notifies the judicial police authority in accordance with the regulations in the preceding paragraph, it shall use the telephone, fax, email, electronic platform, or other feasible means. The virtual asset service provider shall also provide documents of abnormal virtual asset service accounts suspected of fraud crime, the identity of the customer, relevant transaction records, or other documents required to be provided under the notification method .
Article 26
After receiving a report from the virtual asset service provider, the judicial police authority shall notify the virtual asset service provider with an official letter within 20 days to carry out subsequent control measures for account monitoring or lift the control on the abnormal virtual asset accounts suspected of fraud crime. The virtual asset service provider may continue its control measures if the notification to the virtual asset service provider is delayed.
In case of major contingencies, the judicial police authority may send the notification in the preceding paragraph to the virtual asset service provider by telephone, fax, email, or other feasible means, followed by a confirming official letter and documents which should be delivered within five business days after the initial notification.
In case of major contingencies, the judicial police authority may send the notification in the preceding paragraph to the virtual asset service provider by telephone, fax, email, or other feasible means, followed by a confirming official letter and documents which should be delivered within five business days after the initial notification.
Chapter 4 Joint Defense Reporting System and Earmarking of Funds
Section 1 Deposit Accounts
Article 27
When a deposit account is reported as a watch-listed account, the deposit business institution, in addition to verifying the source of the notification, shall classify it as a watch-listed account and immediately review the related transactions of the account. If the deposit business institution finds that funds reported as fraudulent have been remitted to another deposit account or an e-payment account, it shall notify the receiving deposit business institution or electronic payment institution of the remitted amount.
The receiving deposit business institution shall immediately review the transactions of the recipient account after receiving a notification made by the previous institution in accordance with the preceding paragraph. If the funds reported as fraudulent have been remitted to another account, the deposit business institution shall notify the next receiving deposit business institution or electronic payment institution of the outward transfer information.
If the receiving deposit business institution discovers that the funds reported as fraudulent have been withdrawn, it shall notify the judicial police authority that reported the watch-listed deposit account.
The original judicial police authority that reported the watch-listed deposit account shall verify the information listed in the preceding paragraph. If the original judicial police authority believes the receiving account shall also be classified as a watch-listed account, it shall notify the relevant deposit business institution to classify such account as a watch-listed account.
The receiving deposit business institution shall immediately review the transactions of the recipient account after receiving a notification made by the previous institution in accordance with the preceding paragraph. If the funds reported as fraudulent have been remitted to another account, the deposit business institution shall notify the next receiving deposit business institution or electronic payment institution of the outward transfer information.
If the receiving deposit business institution discovers that the funds reported as fraudulent have been withdrawn, it shall notify the judicial police authority that reported the watch-listed deposit account.
The original judicial police authority that reported the watch-listed deposit account shall verify the information listed in the preceding paragraph. If the original judicial police authority believes the receiving account shall also be classified as a watch-listed account, it shall notify the relevant deposit business institution to classify such account as a watch-listed account.
Article 28
When a victim of fraud visits an deposit business institution during its business hours to report that he or she has been defrauded, the deposit business institution shall confirm his or her identity, remittance or transfer information, and the reason for the fraud. The victim shall then be asked to fill out an affidavit and call the 165 hotline.
The deposit business institution shall notify the receiving deposit business institution or electronic payment institution based on the affidavit and remittance or transfer information in the preceding paragraph. The inquiry and notification procedures in the preceding article shall apply mutatis mutandis if the receiving deposit business institution receives a notification from the previous deposit business institution or electronic payment institution.
If a fraud victim visits a deposit business institution in person to inform the institution of the fraud, in accordance with Paragraph 1, the police authority shall send an officer to the deposit business institution within two hours to process the victim’s report, if necessary, classify the deposit account as watch-listed.
After receiving the notification from the police authority in the preceding paragraph, the deposit business institution shall process the notification in accordance with the inquiry and notification procedures in the preceding article.
The deposit business institution shall notify the receiving deposit business institution or electronic payment institution based on the affidavit and remittance or transfer information in the preceding paragraph. The inquiry and notification procedures in the preceding article shall apply mutatis mutandis if the receiving deposit business institution receives a notification from the previous deposit business institution or electronic payment institution.
If a fraud victim visits a deposit business institution in person to inform the institution of the fraud, in accordance with Paragraph 1, the police authority shall send an officer to the deposit business institution within two hours to process the victim’s report, if necessary, classify the deposit account as watch-listed.
After receiving the notification from the police authority in the preceding paragraph, the deposit business institution shall process the notification in accordance with the inquiry and notification procedures in the preceding article.
Article 29
The contents of the joint defense notifications in the preceding two articles shall be registered in the manner prescribed by the authority responsible for sending the watch-listed deposit account notification.
The contents of the joint defense notification, format of the notification form and the affidavit, and other detailed items for the notifications shall be formulated by the Bankers Association of the Republic of China and reported to the competent authority for recordation.
The contents of the joint defense notification, format of the notification form and the affidavit, and other detailed items for the notifications shall be formulated by the Bankers Association of the Republic of China and reported to the competent authority for recordation.
Article 30
After a deposit business institution receives a notification from the previous deposit business institution or electronic payment institution under Article 27 or 28, it shall earmark the amount received based on the notification. If the account balance is less than the notified amount, the institution shall seize the current account balance. The amount of deposits earmarked by each deposit business institution for the same notification shall be capped at the amount of the fraudulent funds specified in the notification from the judicial police authority that provided the original notification for the deposit account or the amount of the fraudulent funds specified by the victim in his/her affidavit.
The receiving deposit business institution shall notify the judicial police authority that reported the watch-listed deposit account of the results of the earmarking.
After receiving the notification in the preceding paragraph, the judicial police authority that reported the watch-listed deposit account shall verify the results as soon as possible and notify the deposit business institution within forty-eight hours from the time of the earmarking regarding whether the deposit account with the earmarked amount should be classified as watch-listed or if the earmarking should be released.
If the depository business institution does not receive a notification within the period specified in the preceding paragraph regarding the deposit account with the earmarked amountshould be classified as watch-listed, it shall release the earmarking.
The deposit business institution may release the earmarked funds in advance if it determines, after careful verification, that there is no illegal or abnormal circumstance in the deposit account specified in the earmarking notification.
The deposit business institution shall continuously monitor the deposit accounts with earmarked amounts, and if it determines that the account is an abnormal deposit account suspected of involvement in fraud, it may process the account in accordance with Paragraph 1, Article 8 of the Act.
The receiving deposit business institution shall notify the judicial police authority that reported the watch-listed deposit account of the results of the earmarking.
After receiving the notification in the preceding paragraph, the judicial police authority that reported the watch-listed deposit account shall verify the results as soon as possible and notify the deposit business institution within forty-eight hours from the time of the earmarking regarding whether the deposit account with the earmarked amount should be classified as watch-listed or if the earmarking should be released.
If the depository business institution does not receive a notification within the period specified in the preceding paragraph regarding the deposit account with the earmarked amountshould be classified as watch-listed, it shall release the earmarking.
The deposit business institution may release the earmarked funds in advance if it determines, after careful verification, that there is no illegal or abnormal circumstance in the deposit account specified in the earmarking notification.
The deposit business institution shall continuously monitor the deposit accounts with earmarked amounts, and if it determines that the account is an abnormal deposit account suspected of involvement in fraud, it may process the account in accordance with Paragraph 1, Article 8 of the Act.
Article 31
If the fund in a deposit account has been seized, preserved, prohibited, or subjected to similar measures under another law, and the deposit business institution subsequently receives a notification for the earmarking of proceeds of fraud in the deposit account, the deposit business institution shall still be required to earmark the proceeds of fraud, but priority shall be given to the order for the seizure, preservation, prohibition, or similar sanction for such funds.
Article 32
Deposit business institutions should, to the extent possible, set up a dedicated 24-hour joint defense notification contact window to carry out the joint defense notification mechanisms.
Deposit business institutions shall immediately notify Financial Information Service Co., Ltd. when they set up the contact window in the preceding paragraph, and the same applies when the contact window is changed.
Deposit business institutions shall immediately notify Financial Information Service Co., Ltd. when they set up the contact window in the preceding paragraph, and the same applies when the contact window is changed.
Article 33
If the account holder of a deposit account with seized funds has any doubts regarding the seizure of his/her funds, he/she should contact the judicial police authority that reported the watch-listed deposit account to process the request. The deposit business institution shall also provide assistance where necessary.
If a deposit business institution conducts joint defense operations but no facts of fraud are found in subsequent investigations and the customer's rights and interests are damaged due to the deposit business institution's joint defense notification or the earmarking of funds results in a dishonored check, the deposit business institution shall assist in applying to the Taiwan Clearing House for the cancellation of dishonored check records or take other remedial measures.
If a deposit business institution conducts joint defense operations but no facts of fraud are found in subsequent investigations and the customer's rights and interests are damaged due to the deposit business institution's joint defense notification or the earmarking of funds results in a dishonored check, the deposit business institution shall assist in applying to the Taiwan Clearing House for the cancellation of dishonored check records or take other remedial measures.
Section 2 Electronic Payment Accounts
Article 34
When an electronic payment account is reported as a watch-listed account, the electronic payment institution, in addition to verifying the source of the notification, shall classify it as a watch-listed account, shall immediately review the related transactions of the account. If the electronic payment institution finds that funds reported as fraudulent have been remitted to another deposit account or an e-payment account, the electronic payment institution shall notify the receiving deposit business institution or electronic payment institution of the remitted amount.
The receiving electronic payment institution shall immediately review the transactions of the recipient account after receiving a notification made by the previous institution in accordance with the preceding paragraph. If the funds reported as fraudulent have been remitted to another account, the electronic payment institution shall notify the receiving deposit business institution or electronic payment institution of the outward transfer information. If the funds are not remitted to an external account, it shall notify the judicial police authority that reported the watch-listed deposit account.
The original judicial police authority that reported the watch-listed electronic payment account shall verify the information listed in the preceding paragraph. If the original judicial police authority believes the receiving account shall also be classified as a watch-listed electronic payment account, it shall notify the relevant electronic payment institution to classify such account as a watch-listed account.
The receiving electronic payment institution shall immediately review the transactions of the recipient account after receiving a notification made by the previous institution in accordance with the preceding paragraph. If the funds reported as fraudulent have been remitted to another account, the electronic payment institution shall notify the receiving deposit business institution or electronic payment institution of the outward transfer information. If the funds are not remitted to an external account, it shall notify the judicial police authority that reported the watch-listed deposit account.
The original judicial police authority that reported the watch-listed electronic payment account shall verify the information listed in the preceding paragraph. If the original judicial police authority believes the receiving account shall also be classified as a watch-listed electronic payment account, it shall notify the relevant electronic payment institution to classify such account as a watch-listed account.
Article 35
When a victim of fraud visits an electronic payment institution to report that he or she has been defrauded, the electronic payment institution shall confirm his or her identity, certification of electronic payment account transactions, and the reason for the fraud. The victim shall then be asked to fill out an affidavit and call the 165 hotline. When a victim of fraud calls the customer service of an electronic payment institution to report a fraud, the electronic payment institution shall refer the victim to the 165 hotline.
The electronic payment institution shall notify the receiving deposit business institution or electronic payment institution based on the affidavit and the electronic payment account transaction certification in the preceding paragraph. The inquiry and notification procedures in the preceding article shall apply mutatis mutandis if the receiving electronic payment institution receives a notification from the previous deposit business institution or electronic payment institution.
If a fraud victim visits an electronic payment institution in person to inform the institution of the fraud, the police authority shall send an officer to the electronic payment institution within two hours to process victim’s report, if necessary, classify the electronic payment account as watch-listed.
After receiving the notification from the police authority in the preceding paragraph, the electronic payment institution shall process the notification in accordance with the inquiry and notification procedures in the preceding article.
The electronic payment institution shall notify the receiving deposit business institution or electronic payment institution based on the affidavit and the electronic payment account transaction certification in the preceding paragraph. The inquiry and notification procedures in the preceding article shall apply mutatis mutandis if the receiving electronic payment institution receives a notification from the previous deposit business institution or electronic payment institution.
If a fraud victim visits an electronic payment institution in person to inform the institution of the fraud, the police authority shall send an officer to the electronic payment institution within two hours to process victim’s report, if necessary, classify the electronic payment account as watch-listed.
After receiving the notification from the police authority in the preceding paragraph, the electronic payment institution shall process the notification in accordance with the inquiry and notification procedures in the preceding article.
Article 36
The contents of the joint defense notifications in the preceding two articles shall be registered in the manner prescribed by the authority responsible for sending the watch-listed electronic payment account notification.
The contents of the joint defense notification, format of the notification form and the affidavit, and other detailed items for the notifications shall be formulated by the Bankers Association of the Republic of China and reported to the competent authority for recordation.
The contents of the joint defense notification, format of the notification form and the affidavit, and other detailed items for the notifications shall be formulated by the Bankers Association of the Republic of China and reported to the competent authority for recordation.
Article 37
After an electronic payment institution receives a notification from the previous deposit business institution or electronic payment institution under Article 34 or 35, it shall earmark the amount received based on the notification. If the account balance is less than the notified amount, the institution shall seize the current account balance. The amount of deposits earmarked by each electronic payment institution for the same notification shall be capped at the amount of the fraudulent funds specified in the notification from the judicial police authority that provided the original notification for the electronic payment account or the amount of the fraudulent funds specified by the victim in his/her affidavit.
The receiving electronic payment institution shall notify the judicial police authority that reported the watch-listed electronic payment account of the results of the earmarking.
After receiving the notification in the preceding paragraph, the judicial police authority that reported the watch-listed electronic payment account shall verify the results as soon as possible and notify the electronic payment institution within forty-eight hours from the time of the earmarking regarding whether the electronic payment account with the earmarked amount should be classified as watch-listed or if the earmarking should be released.
If the electronic payment institution does not receive a notification for classifying the electronic payment account as watch-listed within the period specified in the preceding paragraph, the electronic payment institution shall release the earmarking.
The electronic payment institution may release the earmarked funds in advance if it determines, after careful verification, that there is no illegal or abnormal circumstance in the electronic payment account specified in the earmarking notification.
The electronic payment institution shall continuously monitor the electronic payment accounts with earmarked amounts, and if it determines that the account is an abnormal electronic payment account suspected of involvement in fraud, it may process the account in accordance with Paragraph 1, Article 8 of the Act.
The receiving electronic payment institution shall notify the judicial police authority that reported the watch-listed electronic payment account of the results of the earmarking.
After receiving the notification in the preceding paragraph, the judicial police authority that reported the watch-listed electronic payment account shall verify the results as soon as possible and notify the electronic payment institution within forty-eight hours from the time of the earmarking regarding whether the electronic payment account with the earmarked amount should be classified as watch-listed or if the earmarking should be released.
If the electronic payment institution does not receive a notification for classifying the electronic payment account as watch-listed within the period specified in the preceding paragraph, the electronic payment institution shall release the earmarking.
The electronic payment institution may release the earmarked funds in advance if it determines, after careful verification, that there is no illegal or abnormal circumstance in the electronic payment account specified in the earmarking notification.
The electronic payment institution shall continuously monitor the electronic payment accounts with earmarked amounts, and if it determines that the account is an abnormal electronic payment account suspected of involvement in fraud, it may process the account in accordance with Paragraph 1, Article 8 of the Act.
Article 38
If the fund in an electronic payment account has been seized, preserved, prohibited, or subjected to similar measures under another law, and the electronic payment institution subsequently receives a notification for the earmarking of proceeds of fraud in the electronic payment account, the electronic payment institution shall still be required to earmark the proceeds of fraud, but priority shall be given to the order for the seizure, preservation, prohibition, or similar sanction for such funds.
Article 39
Electronic payment institutions should, to the extent possible, set up a dedicated 24-hour joint defense notification contact window to carry out the joint defense notification mechanisms.
Electronic payment institutions shall immediately notify Financial Information Service Co., Ltd. when they set up the contact window in the preceding paragraph, and the same applies when the contact window is changed.
Electronic payment institutions shall immediately notify Financial Information Service Co., Ltd. when they set up the contact window in the preceding paragraph, and the same applies when the contact window is changed.
Article 40
If the user of an electronic payment account with seized funds has any doubts regarding the seizure of his/her funds, he/she should contact the judicial police authority that reported the watch-listed electronic payment account to process the request. The electronic payment institution shall also provide assistance where necessary.
Section 3 Credit Cards
Article 41
Where a credit card settlement number is reported as a watch-listed credit card settlement number, the card issuer shall immediately suspend all transaction functions of the credit card and disable the payment functions for automatic payment channels. This restriction does not apply if the card issuer verifies that payment is made by the cardholder.
If the card issuer finds that funds reported as fraudulent have been remitted to another deposit account or an e-payment account of the account owner, the deposit business institution shall notify the next receiving deposit business institution or electronic payment institution as well as the judicial police authority that reported the credit card settlement number as watch-listed.
If the card issuer finds that funds reported as fraudulent have been remitted to another deposit account or an e-payment account of the account owner, the deposit business institution shall notify the next receiving deposit business institution or electronic payment institution as well as the judicial police authority that reported the credit card settlement number as watch-listed.
Article 42
When a victim of fraud calls the customer service of a card issuer to report a fraud, the card issuer shall refer the victim to the 165 hotline.
When a victim of fraud visits a card issuer during its business hours to report that he or she has been defrauded, the card issuer shall confirm his or her identity, remittance or transfer information, and the reason for the fraud, and call the 165 hotline. The police authority shall send an officer to card-issuer within two hours to accept the case report from the victim and, if necessary, classify the credit card settlement number as watch-listed.
After receiving the notification from the police authority in the preceding paragraph, the card issuer shall process the notification in accordance with the inquiry and notification procedures in the preceding article.
When a victim of fraud visits a card issuer during its business hours to report that he or she has been defrauded, the card issuer shall confirm his or her identity, remittance or transfer information, and the reason for the fraud, and call the 165 hotline. The police authority shall send an officer to card-issuer within two hours to accept the case report from the victim and, if necessary, classify the credit card settlement number as watch-listed.
After receiving the notification from the police authority in the preceding paragraph, the card issuer shall process the notification in accordance with the inquiry and notification procedures in the preceding article.
Article 43
The contents of the joint defense notifications in the preceding two articles shall be registered in the manner prescribed by the authority responsible for sending the watch-listed credit card settlement number notification.
The contents and format of the joint defense notification and other detailed items for the notifications shall be formulated by the Bankers Association of the Republic of China and reported to the competent authority for recordation.
The contents and format of the joint defense notification and other detailed items for the notifications shall be formulated by the Bankers Association of the Republic of China and reported to the competent authority for recordation.
Article 44
The card issuers should, to the extent possible, set up a dedicated 24-hour joint defense notification contact window to carry out the joint defense notification mechanisms.
The card issuers shall immediately notify Financial Information Service Co., Ltd. when they set up the contact window in the preceding paragraph, and the same applies when the contact window is changed.
The card issuers shall immediately notify Financial Information Service Co., Ltd. when they set up the contact window in the preceding paragraph, and the same applies when the contact window is changed.
Section 4 Virtual Asset Accounts
Article 45
For a virtual asset account reported as a watch-listed virtual asset account, the virtual asset service provider shall verify the source of the report, classify it as a watch-listed virtual asset account, and immediately investigate related transactions of the account. If the virtual asset service provider finds that fraudulent virtual assets reported have been remitted to another virtual asset service provider, it shall notify the receiving virtual asset service provider of the remitted virtual assets.
The receiving virtual asset service provider shall immediately investigate the transactions of the recipient account after receiving the notification made by the previous virtual asset service provider in accordance with the preceding paragraph. If the virtual assets have been remitted to another account, the virtual asset service provider shall notify the next receiving virtual asset service provider of the outward transfer information.
If the receiving virtual asset service provider finds that fraudulent virtual assets reported have been withdrawn or remitted to an offshore virtual asset account, it shall notify the judicial police authority that reported the watch-listed virtual asset account.
The original judicial police authority that reported the watch-listed virtual asset account shall verify the information listed in the preceding paragraph. If the original judicial police authority believes the receiving virtual asset account shall also be classified as a watch-listed virtual asset account, it shall notify the relevant virtual asset service provider to classify such account as a watch-listed account.
The receiving virtual asset service provider shall immediately investigate the transactions of the recipient account after receiving the notification made by the previous virtual asset service provider in accordance with the preceding paragraph. If the virtual assets have been remitted to another account, the virtual asset service provider shall notify the next receiving virtual asset service provider of the outward transfer information.
If the receiving virtual asset service provider finds that fraudulent virtual assets reported have been withdrawn or remitted to an offshore virtual asset account, it shall notify the judicial police authority that reported the watch-listed virtual asset account.
The original judicial police authority that reported the watch-listed virtual asset account shall verify the information listed in the preceding paragraph. If the original judicial police authority believes the receiving virtual asset account shall also be classified as a watch-listed virtual asset account, it shall notify the relevant virtual asset service provider to classify such account as a watch-listed account.
Article 46
When a victim of fraud visits a virtual asset service provider during its business hours to report that he or she has been defrauded, the virtual asset service provider shall confirm his or her identity, the transfer of virtual assets or funds, remittance or transfer information, and the reason for the fraud. The victim shall then be asked to fill out an affidavit and call the 165 hotline. When a victim of fraud calls the customer service of a virtual asset service provider to report a fraud, the virtual asset service provider shall refer the victim to the 165 hotline.
The virtual asset service provider shall notify the receiving virtual asset service provider based on the affidavit and remittance or transfer information in the preceding paragraph. The inquiry and notification procedures in the preceding article apply mutatis mutandis to the notifications received by the virtual asset service provider of the recipient account from the previous virtual asset service provider.
If a fraud victim visits a virtual asset service provider in person to inform the service provider of the fraud, in accordance with Paragraph 1, the police authority shall send an officer to the virtual asset service provider within two hours to process the victim’s report and, if necessary, classify the virtual asset account as watch-listed.
After receiving the notification from the police authority in the preceding paragraph, the virtual asset service provider shall process the notification in accordance with the inquiry and notification procedures in the preceding article.
The virtual asset service provider shall notify the receiving virtual asset service provider based on the affidavit and remittance or transfer information in the preceding paragraph. The inquiry and notification procedures in the preceding article apply mutatis mutandis to the notifications received by the virtual asset service provider of the recipient account from the previous virtual asset service provider.
If a fraud victim visits a virtual asset service provider in person to inform the service provider of the fraud, in accordance with Paragraph 1, the police authority shall send an officer to the virtual asset service provider within two hours to process the victim’s report and, if necessary, classify the virtual asset account as watch-listed.
After receiving the notification from the police authority in the preceding paragraph, the virtual asset service provider shall process the notification in accordance with the inquiry and notification procedures in the preceding article.
Article 47
The contents of the joint defense notifications in the preceding two articles shall be registered in the manner prescribed by the authority responsible for sending the watch-listed virtual asset account notification.
The contents of the joint defense notification, format of the notification form and the affidavit, and other detailed items for the notifications shall be formulated by the Taiwan Virtual Asset Service Provider Association and reported to the competent authority for recordation.
The contents of the joint defense notification, format of the notification form and the affidavit, and other detailed items for the notifications shall be formulated by the Taiwan Virtual Asset Service Provider Association and reported to the competent authority for recordation.
Article 48
After a virtual asset service provider receives a notification from the virtual asset service provider in accordance with Article 45 or 46, it shall earmark an amount based on the virtual assets or funds specified in the notification. If the account balance is less than the notified amount, the current balance of virtual assets or funds in the account shall be earmarked. The amount of virtual assets or funds earmarked by each virtual asset service provider for the same notification shall be capped at the amount of the fraudulent funds specified in the notification from the judicial police authority that provided the original notification for the virtual asset account or the amount of the fraudulent virtual assets or funds specified by the victim in his/her affidavit.
The virtual asset service provider shall notify the judicial police authority that reported the watch-listed virtual asset account of the results of the earmarking.
After receiving the notification in the preceding paragraph, the judicial police authority that reported the watch-listed virtual asset account shall verify the results as soon as possible and notify the virtual asset service provider within forty-eight hours from the time of the earmarking regarding whether the virtual asset account with the earmarked amount should be classified as watch-listed or if the earmarking should be released.
If the virtual asset service provider does not receive a notification for classifying the virtual asset account with the earmarked virtual assets or funds as watch-listed within the period specified in the preceding paragraph, the virtual asset service provider shall release the earmarking.
The virtual asset service provider may release the earmarked virtual assets or funds in advance if it determines, after careful verification, that there is no illegal or abnormal circumstance in the virtual asset account specified in the earmarking notification.
The virtual asset service provider shall continuously monitor the virtual asset accounts with earmarked virtual assets or funds, and if it determines that the account is an abnormal virtual asset account suspected of involvement in fraud, it may process the account in accordance with Paragraph 1, Article 8 of the Act.
The virtual asset service provider shall notify the judicial police authority that reported the watch-listed virtual asset account of the results of the earmarking.
After receiving the notification in the preceding paragraph, the judicial police authority that reported the watch-listed virtual asset account shall verify the results as soon as possible and notify the virtual asset service provider within forty-eight hours from the time of the earmarking regarding whether the virtual asset account with the earmarked amount should be classified as watch-listed or if the earmarking should be released.
If the virtual asset service provider does not receive a notification for classifying the virtual asset account with the earmarked virtual assets or funds as watch-listed within the period specified in the preceding paragraph, the virtual asset service provider shall release the earmarking.
The virtual asset service provider may release the earmarked virtual assets or funds in advance if it determines, after careful verification, that there is no illegal or abnormal circumstance in the virtual asset account specified in the earmarking notification.
The virtual asset service provider shall continuously monitor the virtual asset accounts with earmarked virtual assets or funds, and if it determines that the account is an abnormal virtual asset account suspected of involvement in fraud, it may process the account in accordance with Paragraph 1, Article 8 of the Act.
Article 49
If the virtual assets or funds in a virtual asset account has been seized, preserved, prohibited, or subjected to similar measures under another law, and the virtual asset service provider subsequently receives a notification for the earmarking of proceeds of fraud in the deposit account, the virtual asset service provider shall still be required to earmark the proceeds of fraud in the form of virtual assets or funds, but priority shall be given to the order for the seizure, preservation, prohibition, or similar sanction for such virtual assets or funds.
Article 50
Virtual asset service providers should, to the extent possible, set up a dedicated 24-hour joint defense notification contact window to carry out the joint defense notification mechanisms.
Virtual asset service providers shall immediately notify the Taiwan Virtual Asset Service Provider Association when they set up the contact window in the preceding paragraph, and the same applies when the contact window is changed.
Virtual asset service providers shall immediately notify the Taiwan Virtual Asset Service Provider Association when they set up the contact window in the preceding paragraph, and the same applies when the contact window is changed.
Article 51
If the customer of a virtual asset account with seized virtual assets or funds has any doubts regarding the seizure of his/her virtual assets or funds, the customer should contact the judicial police authority that reported the watch-listed virtual asset account to process the request. The virtual asset service provider shall also provide assistance where necessary.
Chapter 5 Return of Remaining Funds or Virtual Assets
Section 1 Deposit Accounts
Article 52
If a deposit account suspected of involvement in fraud has been reported as a watch-listed deposit account, and there are still unwithdrawn funds remitted (transferred) by a victim in the account, the deposit business institution shall return the remaining funds in the watch-listed deposit account to the victim after receiving a written notification from the authority that provided the original notification,and it shall notify the person that opened the account. The deposit business institution may return the funds after receiving the written notification.
Article 53
When a deposit business institution implements measures in accordance with the preceding article, it shall notify the victims through the remitting (transferring) deposit business institutions to prepare the following documents and, based on the time of inward remittance (transfer), return the remaining money held in the watch-listed account to victims, starting from the last remitted amount first until there is no more money left in the watch-listed deposit account:
1.Identity certification document.
2. A certificate of case acceptance (processing) issued by the police authority.
3. Undertaking issued by the victim stating that he/she will bear all liability for any damages incurred by the deposit business institution due to untrue information provided by such victim.
1.Identity certification document.
2. A certificate of case acceptance (processing) issued by the police authority.
3. Undertaking issued by the victim stating that he/she will bear all liability for any damages incurred by the deposit business institution due to untrue information provided by such victim.
Article 54
With respect to returning the remaining funds held in a watch-listed deposit account pursuant to the preceding two articles, if any of the following occurs, the deposit business institution may settle and close the account, record such remaining money as an account payable, and wait until a person legally having the right to claim such money requests payment:
1.The account balance is less than a certain amount, such that the cost of returning the money would make such return not worthwhile.
2. The deposit business institution does not receive a notification for the return of funds from the authority that provided the original notification or is unable to contact the victim within three months after receiving the notification.
3. The victim is unwilling to report the case or to claim the money.
After the deposit business institution settles and closes the account in accordance with the preceding paragraph, it may rescind the effect of the watch-listing from the applicant of such watch-listed account once it is notified to rescind the account from the watch-list, or when the watch-list period expires.
1.The account balance is less than a certain amount, such that the cost of returning the money would make such return not worthwhile.
2. The deposit business institution does not receive a notification for the return of funds from the authority that provided the original notification or is unable to contact the victim within three months after receiving the notification.
3. The victim is unwilling to report the case or to claim the money.
After the deposit business institution settles and closes the account in accordance with the preceding paragraph, it may rescind the effect of the watch-listing from the applicant of such watch-listed account once it is notified to rescind the account from the watch-list, or when the watch-list period expires.
Article 55
If the fund in a deposit account has been seized, preserved, prohibited, or subjected to similarly measures under another law, and the deposit business institution subsequently receives a notification for the earmarking of remaining funds in the account from the authority that provided the original notification as described in Article 52, priority shall be given to the order for the seizure, preservation, prohibition, or similar sanction for such funds.
Section 2 Electronic Payment Accounts
Article 56
If an electronic payment account suspected of involvement in fraud has been reported as a watch-listed electronic payment account, and there are still unwithdrawn funds remitted (transferred) by a victim in the account, the electronic payment institution shall return the remaining funds in the watch-listed electronic payment account to the victim after receiving a written notification from the authority that provided the original notification, and notify the user. The electronic payment institution may return the funds after receiving the written notification.
Article 57
When an electronic payment institution carries out the procedures described in the preceding article, it shall notify the victims through the remitting (transferring) electronic payment institution or deposit business institution to prepare the following documents and, based on the time of inward remittance (transfer), return the remaining money held in the watch-listed account to victims, starting from the last remitted amount first until there is no more money left in the account:
1. Identity certification document.
2. A certificate of case acceptance (processing) issued by the police authority.
3. Undertaking issued by the victim, which stating that he/she will bear all liability for any damages incurred by the electronic payment institution due to untrue information provided by such victim.
1. Identity certification document.
2. A certificate of case acceptance (processing) issued by the police authority.
3. Undertaking issued by the victim, which stating that he/she will bear all liability for any damages incurred by the electronic payment institution due to untrue information provided by such victim.
Article 58
With respect to returning the remaining funds held in a watch-listed e-payment account pursuant to the preceding two articles, if any of the following occurs, the electronic payment institution may settle and close the account, record such remaining money as an account payable, and wait until a person legally having the right to claim such money requests payment:
1. The account balance is less than a certain amount, such that the cost of returning the money would make such return not worthwhile.
2. The electronic payment institution does not receive a notification for the return of funds from the authority that provided the original notification or is unable to contact the victim within three months after receiving the notification.
3. The victim is unwilling to report the case or to claim the money.
After the electronic payment institution directly settles the account in accordance with the preceding paragraph, it may rescind the effect of the watch-listing from the user of such watch-listed account once it is notified to rescind the account from the watch-list, or upon the expiration of the watch-list period expires.
1. The account balance is less than a certain amount, such that the cost of returning the money would make such return not worthwhile.
2. The electronic payment institution does not receive a notification for the return of funds from the authority that provided the original notification or is unable to contact the victim within three months after receiving the notification.
3. The victim is unwilling to report the case or to claim the money.
After the electronic payment institution directly settles the account in accordance with the preceding paragraph, it may rescind the effect of the watch-listing from the user of such watch-listed account once it is notified to rescind the account from the watch-list, or upon the expiration of the watch-list period expires.
Article 59
If the fund in an electronic payment account has been seized, preserved, prohibited, or subjected to similarly measures under another law, and the electronic payment institution subsequently receives a notification for the earmarking of remaining funds in the account from the authority that provided the original notification as described in Article 56, priority shall be given to the order for the seizure, preservation, prohibition, or similar sanction for such funds.
Section 3 Credit Cards
Article 60
If a credit card settlement number suspected of involvement in fraud has been reported as a watch-listed credit card settlement number, and there are still unwithdrawn funds remitted (transferred) by a victim, the credit card business institution shall return the remaining funds in the watch-listed credit card settlement number to the victim after receiving a written notification from the authority that provided the original notification, and notify the cardholder. The credit card business institution may return the funds after receiving the written notification.
Article 61
When a credit card business institution implements measures in accordance with the preceding article, if the funds are remitted (transferred) from a deposit business institution or an electronic payment institution, it shall notify the victims through the remitting (transferring) deposit business institution or electronic payment institution to prepare the following documents and, based on the time of inward remittance (transfer), return the remaining money held in the watch-listed credit card settlement number to victims:
1. Identity certification document.
2. A certificate of case acceptance (processing) issued by the police authority.
3. Undertaking issued by the victim stating that he/she will bear all liability for any damages incurred by the credit card business institution due to untrue information provided by such victim.
1. Identity certification document.
2. A certificate of case acceptance (processing) issued by the police authority.
3. Undertaking issued by the victim stating that he/she will bear all liability for any damages incurred by the credit card business institution due to untrue information provided by such victim.
Article 62
With respect to returning the remaining funds held in a watch-listed credit card settlement number pursuant to the preceding two articles, if any of the following occurs, the credit card business institution may record such remaining money as an account payable, and wait until a person legally having the right to claim such money requests payment:
1. The account balance is less than a certain amount, such that the cost of returning the money would make such return not worthwhile.
2. The credit card business institution does not receive a notification for the return of funds from the authority that provided the original notification or is unable to contact the victim more than three months after receiving the notification.
3. The victim is unwilling to report the case or to claim the money.
After the credit card business institutionrecords the remaining funds in the account as other payables, the credit card business institution may rescind the effect of the watch-listing from the credit card once it is notified to rescind the account from the watch-list, or when the watch-list period expires.
1. The account balance is less than a certain amount, such that the cost of returning the money would make such return not worthwhile.
2. The credit card business institution does not receive a notification for the return of funds from the authority that provided the original notification or is unable to contact the victim more than three months after receiving the notification.
3. The victim is unwilling to report the case or to claim the money.
After the credit card business institutionrecords the remaining funds in the account as other payables, the credit card business institution may rescind the effect of the watch-listing from the credit card once it is notified to rescind the account from the watch-list, or when the watch-list period expires.
Article 63
If the fund in a credit card settlement number has been seized, preserved, prohibited, or subjected to similarly measures under another law, and the credit card business institution subsequently receives a notification for the earmarking of remaining funds in the account from the authority that provided the original notification as described in Article 60, priority shall be given to the order for the seizure, preservation, prohibition, or similar sanction for such funds.
Section 4 Virtual Asset Accounts
Article 64
If a virtual asset account suspected of involvement in fraud has been reported as a watch-listed virtual asset account, and there are still unwithdrawn virtual assets or funds remitted (transferred) by a victim in the account, the virtual asset service provider shall return the remaining virtual assets or funds in the watch-listed virtual asset account to the victim after receiving a written notification from the authority that provided the original notification to the virtual asset service provider, and notify the customer of the virtual asset account.
Article 65
When a virtual asset service provider carries out the procedures described in the preceding article, it shall notify the victims through the remitting (transferring) virtual asset service provider to prepare the following documents and, based on the time of inward remittance (transfer), return the remaining virtual assets or funds held or transferred in the watch-listed account to victims, starting from the last remitted amount first until there is no more money left in the watch-listed virtual asset account:
1. Identity certification document.
2. A certificate of case acceptance (processing) issued by the police authority.
3. Undertaking issued by the victim stating that he/she will bear all liability for any damages incurred by the virtual asset service provider due to untrue information provided by such victim.
1. Identity certification document.
2. A certificate of case acceptance (processing) issued by the police authority.
3. Undertaking issued by the victim stating that he/she will bear all liability for any damages incurred by the virtual asset service provider due to untrue information provided by such victim.
Article 66
With respect to returning the remaining virtual assets or funds held in a watch-listed virtual asset account pursuant to the preceding two articles, if any of the following occurs, the virtual asset service provider may settle and close the account, record such remaining virtual assets or funds as a virtual asset payable or an account payable, and wait until a person legally having the right to claim such assets requests payment:
1. The remaining virtual asset or fund is less than a certain amount, such that the cost of returning the money would make such return not worthwhile.
2. The virtual asset service provider does not receive a notification for the return of virtual assets or funds from the authority that provided the original notification or is unable to contact the victim within three months after receiving the notification.
3. The victim is unwilling to report the case or to claim the virtual assets orfunds.
After the virtual asset service provider settles and closes the account in accordance with the preceding paragraph, it may rescind the effect of the watch-listing from the customer of such watch-listed virtual asset account once it is notified to rescind the account from the watch-list, or when the watch-list period expires.
1. The remaining virtual asset or fund is less than a certain amount, such that the cost of returning the money would make such return not worthwhile.
2. The virtual asset service provider does not receive a notification for the return of virtual assets or funds from the authority that provided the original notification or is unable to contact the victim within three months after receiving the notification.
3. The victim is unwilling to report the case or to claim the virtual assets orfunds.
After the virtual asset service provider settles and closes the account in accordance with the preceding paragraph, it may rescind the effect of the watch-listing from the customer of such watch-listed virtual asset account once it is notified to rescind the account from the watch-list, or when the watch-list period expires.
Article 67
If the virtual asset or fund in a virtual asset account has been seized, preserved, prohibited, or subjected to similarly measures under another law, and the virtual asset service provider subsequently receives a notification for the earmarking of remaining virtual assets and funds in the account from the authority that provided the original notification as described in Article 64, priority shall be given to the order for the seizure, preservation, prohibition, or similar sanction for such virtual assets or funds.
Section 5 Supervising Officer and Cases Where Assets Cannot be Returned
Article 68
Deposit business institutions, electronic payment institutions, credit card business institution, and virtual asset service providers shall appoint a deputy general manager or officer of equivalent level as dedicated personnel for supervising the handling of balances or virtual assets held in watch-listed deposit accounts, watch-listed electronic payment accounts, watch-listed credit card settlement numbers, or watch-listed virtual asset accounts.
Article 69
Cases suspected of involving transaction disputes or which are otherwise complicated shall be handled by judicial procedures, and the rules regarding return of remaining funds or virtual assets in these Regulations shall not apply thereto.
Chapter 6 Supplementary Provisions
Article 70
These Regulations shall enter into force on the date of promulgation.