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Operational Directions Governing Illegal Renminbi Transactions Cases Transferred to Customs Authorities

1.These directions are adopted to process Article 3 of Regulations Governing Carrying Coins and Notes Issued in the Mainland Area In and Out of Taiwan Area.

2.Cases of purchase or sale, exchange, or other transactions of Renminbi in Taiwan Area without approval (herein referred to as "illegal transactions"), that have been uncovered by police authority, investigation agency, or relevant detective agency, shall be transferred to Customs Authorities pursuant to these Directions.

3.The police, prosecutor and investigation authorities, or relevant detective agency, upon discovering Renminbi illegal transactions in Taiwan Area, shall seize the Renminbi involved and then transfer it to Customs Authorities along with the following identification documents and information:
(1)Referral paper, which shall also be sent to the offender, and containing description of the contact person information of the discovering authority, and the name, nationality, date of birth, identity card or passport number, residence locations of the transacting parties. In the case that the offender has no household registrations in the Taiwan Area, the referral paper shall include the service agent in the Taiwan Area for service of government documents.
(2)Seizure receipt, which shall state the banknote serial number, quantity, and monetary amount of Renminbi (except for coins), and the time and place of discovery.
(3)Investigating statements, including detailed report of the occurrence of illegal transactions that the offender was engaged in.
(4)Other related materials.

4.The detective agency shall dispatch officers to hand over the Renminbi involved to Customs for checking and acceptance. After the disposition is determined, the Renminbi involved shall be processed by Customs pursuant to Article 3 of "Customs processing procedures for the sale of goods and transportation means".

5.When the offender of Renminbi illegal transactions has no household registrations in the Taiwan Area, and refuses or is unable to appoint an agent of service, the referral paper shall state that service shall be executed in accordance with the applicable provisions of the Administrative Procedure Act.

6.When handing over the Renminbi illegal transactions to Customs, should the detective agency not be able to sufficiently provide relevant evidence and document, or the attached documents are deemed to contain error, Customs shall notify the detective agency to adopt retroactive correction; in the case of failure to complete retroactive correction, Customs shall return the case.

Issued:Department of Investigation Release date:2020-09-11 Click times:1013