| Chapter 4 Joint Defense Reporting System and Earmarking of Funds |
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, and 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, electronic payment account, or virtual asset account, the electronic payment institution shall notify the receiving deposit business institution, electronic payment institution, or virtual asset service provider 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 receiving institution or the virtual asset service provider. If the funds reported as fraudulent have been remitted to another account, the electronic payment institution shall notify the next receiving deposit business institution, electronic payment institution, or virtual asset service provider of the outward transfer information. If the funds are not remitted, it shall notify the judicial police authority that reported the watch-listed electronic payment 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 determines that the receiving account or virtual asset account shall also be classified as a watch-listed account, it shall notify the relevant electronic payment institution, deposit business institution, or virtual asset service provider to classify such account or account number 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, electronic payment institution, or virtual asset service provider 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, electronic payment institution, or virtual asset service provider.
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 the victim’s report and, 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 Electronic Payment Association of R.O.C. and reported to the competent authority for record. |
| Article 37 |
After an electronic payment institution receives a notification from the previous deposit business institution, electronic payment institution, or virtual asset service provider, it shall earmark the amount received based on the notification. If the account balance is less than the notified amount, the current balance in the account shall be earmarked. The amount of funds or virtual assets earmarked by each electronic payment institution, deposit business institution, and 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 or the amount of the fraudulent funds or virtual assets specified by the victim in his or her affidavit.
The 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 48 hours from the time of the earmarking regarding whether the electronic payment account with the earmarked amount should be classified as watch-listed or whether 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 funds in an electronic payment account have 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 measure for such funds. |
| Article 39 |
Electronic payment institutions shall, 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 or her funds, he or she shall contact the judicial police authority that reported the watch-listed account to resolve the matter. The electronic payment institution shall also provide assistance where necessary. |