Article Content
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 latter part 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 involvement in fraud.
4. Data and records obtained from inquiries regarding abnormal deposit accounts suspected of involvement in fraud in accordance with regulations in Chapter 2.
The abnormal transaction records of deposit accounts suspected of involvement 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 identified as an abnormal deposit account suspected of involvement in fraud, the deposit business institution shall take the following response measures:
1. It shall strengthen the CDD measures for the account holder in accordance with the latter part 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.
2. 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 refund. 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.
3. If the watch-listed virtual account is a virtual account under a trust deposit account of a virtual asset service provider that is held in custody by a deposit business institution, the deposit business institution shall immediately notify the virtual asset service provider. After receiving the notification from the deposit business institution, the virtual asset service provider shall check whether all or part of the reported fraud-related funds remain in the virtual account, and provide the results to the receiving deposit business institution.
4. 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 involvement in 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 by official letter within 20 days whether to continue or lift the control measures imposed on the abnormal deposit account suspected of involvement 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 the control 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.
If an account holder has any doubts regarding the control measures implemented by the deposit business institution with respect to his or her deposit account in accordance with the notification from the judicial police authority, he or she may contact the deposit business institution for inquiries, and may also contact the original judicial police authority that notified the implementation of the control measures where necessary. |
Section 2 Electronic Payment Accounts
| Article 18 | When electronic payment institutions implement measures in accordance with the latter part 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 involvement in fraud.
4. Data and records obtained from inquiries regarding abnormal electronic payment accounts suspected of involvement in fraud in accordance with regulations in Chapter 2.
The abnormal transaction records of electronic payment accounts suspected of involvement 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 19 | Where an electronic payment account is identified as an abnormal electronic payment account suspected of involvement in fraud, the electronic payment institution shall take the following measures:
1. It shall strengthen the CDD measures for the user in accordance with the latter part 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 by official letter within 20 days whether to continue or lift the control measures imposed on the abnormal electronic payment account suspected of involvement 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 the control 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.
If a user has any doubts regarding the control measures implemented by the electronic payment institution with respect to his or her electronic payment account in accordance with the notification from the judicial police authority, he or she may contact the electronic payment institution for inquiries, and may also contact the original judicial police authority that notified the implementation of the control measures where necessary. |
Section 3 Credit Cards
| Article 21 | When card issuers implement measures in accordance with the latter part 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 involvement in fraud.
4. Data and records obtained from inquiries regarding abnormal credit cards suspected of involvement in fraud in accordance with regulations in Chapter 2.
The abnormal transaction records of credit cards suspected of involvement 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 identified as an abnormal credit card suspected of involvement in fraud, the card issuer shall take the following response measures:
1. It shall strengthen the CDD measures for the customer in accordance with the latter part 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 involvement in 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 by official letter within 20 days whether to continue or lift the control measures imposed on the abnormal credit card suspected of involvement in fraud. If the judicial police authority fails to notify the card issuer within this period, the card issuer may continue to apply the control measures.
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.
If a cardholder has any doubts regarding the control measures implemented by the card issuer with respect to his or her credit card in accordance with the notification from the judicial police authority, he or she may contact the card issuer for inquiries, and may also contact the original judicial police authority that notified the implementation of the control measures where necessary. |
Section 4 Virtual Asset Accounts
| Article 24 | When virtual asset service providers implement measures in accordance with the latter part 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 involvement in fraud.
4. Data and records obtained from inquiries regarding abnormal virtual asset accounts suspected of involvement in fraud in accordance with regulations in Chapter 2.
The abnormal transaction records of virtual asset accounts suspected of involvement 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 identified as an abnormal virtual asset account suspected of involvement in fraud, the virtual asset service provider shall take the following measures:
1. In accordance with the latter part 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 accounts suspected of involvement in fraud, 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 by official letter within 20 days whether to continue or lift the control measures imposed on the abnormal virtual asset account suspected of involvement in fraud. If the judicial police authority fails to notify the virtual asset service provider within this period, the virtual asset service provider may continue to apply the control measures.
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.
If a customer has any doubts regarding the control measures implemented by the virtual asset service provider with respect to his or her virtual asset account in accordance with the notification from the judicial police authority, he or she may contact the virtual asset service provider for inquiries, and may also contact the original judicial police authority that notified the implementation of the control measures where necessary. |