| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |