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Title Money Laundering Control ActCH
Date 2023.06.14
Legislative Amended and promulgated on June 14, 2023
Content
Article 15-1  
A person who, without justifiable cause, collects other people's account details, as filed with financial institutions, accounts filed with businesses handling virtual currency platforms or transactions, or account numbers filed with third-party payment services, and who does any of the following, shall be punished with imprisonment of up to five years, or with detention, and/or with a fine of up to thirty million New Taiwan Dollars: 
1. Committing the offense while using the name of a government agency or civil servant; 
2. Committing the offense by using radio, television, electronic communications, the Internet or other means of communication media to disseminate information to the public; 
3. Committing the offense by using computer synthesis or other technological methods to create fake images, sounds or electromagnetic recordings of others; 
4. Committing the crime by using promises, or quid pro quo, to coerce others to deliver or supply;
5. Committing the crime through the use of rape, coercion, fraud, surveillance, control, enticement or other improper means.  
 
A person attempting to commit the offenses, as described in the preceding paragraph, is subject to a fine. 
 
Article 15-2  
No person shall deliver, or make available to another party, the account information that he or she or others filed with a financial institution, or the account number that he or she filed with businesses handling virtual currency platforms or transactions, or account numbers filed with third-party payment services. However, this does not apply to those instances that are consistent with general business or financial transaction practices, or those that are based on a relationship of trust between friends and relatives, or other justifiable reasons. 
 
Violators of the preceding provisions shall be reprimanded by the police authorities of the relevant municipalities, counties (cities). The same applies to those who repeat a violation of the preceding provisions within five years after being reprimanded by the authorities. 
 
Any person, who violates the provisions of the first paragraph under one of the following circumstances, shall be punished with imprisonment of up to three years, detention, and/or a fine of up to one million New Taiwan Dollars:
1.Committing the crime while making promises or quid pro quo.
2.The total number of accounts or account numbers delivered or supplied is three or more. 
3.Repeating the crime within five years after first being reprimanded by the police authorities of the relevant municipalities, counties (cities), pursuant to the provisions of the preceding paragraph or the fourth paragraph. 
 
The circumstances, as described in the first or second subparagraph of the preceding paragraph, shall be sanctioned jointly by the relevant authorities, pursuant to the provisions of the second paragraph. 
 
If a person violates the provisions of the first paragraph, the said financial institutions, businesses handling virtual currency platforms or transactions and third-party payment service providers may suspend or restrict all or part of the functions of the existing, or in the process of being established, accounts or account numbers for a period of time, or simply close those accounts at their discretion. 
 
The identification criteria for the aforementioned accounts and account numbers, the duration, scope, procedures, methods, and operating procedures for suspension, restriction of functions, or closure, shall be determined by the Ministry of Justice, in conjunction with the central authorities in charge of the relevant businesses. 
 
The competent police authority shall, in conjunction with the competent social welfare authority, establish a case reporting mechanism. Upon the issuance of a warning concerning such activities, in accordance with the provisions of the second paragraph, if an individual or a family is known to be in need of social assistance, they should notify the relevant social welfare authorities in their municipality or county (city) to obtain social assistance, as stipulated in the Public Assistance Act. 
 
Article 16
When a representative, agent, employee or other employed personnel of a legal person commits an offence specified in the preceding four Articles when performing his or her duties of business, the offender shall be punished and the legal person shall be also charged with a fine in accordance with the provisions of the respective applicable article.
 
For offenders of the preceding four Articles who confess during the investigation or trial, the punishment shall be reduced.
 
The offences prescribed in the Article 14, Article 15 or Article 15-1 shall apply when citizens of the Republic of China commit such offences outside the territory of the Republic of China.
 
The offense prescribed in Article 14 does not require the act or the result of specified unlawful activity to be undertaken or take place within the territory of the Republic of China, unless the specified unlawful activity is not punishable by the law of the place of the act.