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Foreign Exchange Transaction Regulation in Korea 2
1. Travel Expense of Citizen Resident 2. Overseas Moving Expense 3. Carried-Out Asset of Overseas Korean 4. Domestic Foreign Deposit Transaction of Non-Residents 5. Domestic Deposit Transaction in Won of Non-Residents 6. Confirmation on Real Name of Domestic Deposit Transaction 7. Real-Estate Acquisition of Non-Residents
Foreign Exchange Transaction Regulation of Korea 2
1. Travel Expense of Citizen Resident A. General Overseas Traveler Exchange Limit No Limit ※ No Confirmation of Real Name when Exchanging less than 1 Million Won Payment Method Confirmation & Remittance in Foreign Exchange Bank B. Overseas Visitor & Student Studying Abroad Payment Limit No Limit Transaction Bank Exchange & Remittance of Designated Foreign Exchange Transaction Bank Exchange over USD 10,000 Issuance of Foreign Exchange Report (Confirmation) Certificate ※ Customs report is unnecessary at departure C. Limit for Credit Card Overseas Use No Limit Internet International E-Commerce Settlement No Limit
+ 2. Overseas Migration Expense
< Reference > National Tax Service Notification System Notification Target Yearly Inherited Payment of over USD 10,000 (except the transaction less than USD 1,000) Remittance with Purpose of Overseas Deposits over USD 50,000 per year Payment of over USD 100,000 per year for Overseas Visitor & Student Studying Abroad Payment & Receipt of over USD 10,000 for other case 2. Overseas Migration Expense Subject : Person recognized as overseas emigrants by relevant law including the Emigration Act, etc Domestic Emigration Person Recognized as Overseas Emigrant Issuance of Overseas Emigration Confirmation (Ministry of Foreign Affairs & Trade) Domestic Residence Overseas Overseas Migration Overseas Residence Issuance of Locale Migration Confirmation (Local Public Office) Overseas B. Payment Limit: No Limit However, request for source of fund confirmation regarding the total amount of overseas migration expense exceeding the USD 100,000 per household Payment of USD 50,000 on Oct. 5th, 2007 Request for USD 70,000 on Oct. 15th, 2007 + Request for Source of Fund Confirmation for USD 120,000 C. Others - Target for Designated Foreign Exchange Transaction Bank - Payment within 3 years after date of recognition as overseas emigrants * Date of recognition as overseas emigrants : Date of overseas emigration report for the overseas emigration confirmation. Date of residence passport in case of locale migration confirmation - Payment available for emigration within 1 year of date of issuance of overseas emigration report confirmation - In case of carried-in payment with overseas payment instrument exceeding USD 10,000, issuance and transfer of foreign exchange report (confirmation) certificate
3. Carried-Out Asset of Overseas Korean
A. Qualification for Carry-Out - Overseas emigrant by Emigration Act who acquired the foreign nationality => Citizen - Citizen who acquired residence visa in foreign countries or equivalent qualification Ex) Overseas Korean in Japan: Purpose of residence on overseas Korean registration => permanent residence, resident B. Carried-Out Asset & Limit - Real-Estate Disposition Amount in the Name of Person Himself (Including the possession as financial asset after sales of real-estate) * Target Fund : Sales fund of real-estate acquired before acquisition of foreign nationality * Remittance Limit : within range of amount in real-estate sales fund confirmation - Domestic Deposit, Trust Account Principal in the Name of Person Himself * Remittance Limit: No Limit However, In case of remittance exceeding amount of USD 100,000 after , request for source of fund confirmation including deposits, etc equivalent to total amount - Loan in won acquired from foreign exchange bank with deposits or real-estate in the name of person himself as collateral - Security Deposit for Real-Estate in the name of Person Himself Acquisition of Citizenship Before After Sales Fund after Purchase of Real-Estate =>According to Procedures for Carried-Out Asset of Overseas Korean Sales Fund after Purchase of Real-Estate =>According to Procedures for Carry-Out of Domestic Real-Estate Sales Fund C. Others = Payment or Carry-Out through Foreign Exchange Transaction Bank 4. Domestic Foreign Deposits Transaction of Non-Resident A. Type of Foreign Deposits Account : Foreign Account, Resident Account, Overseas Emigrant Accounts B. Qualification for Opening the Account - Resident Account * Resident whose natural person an citizen * Domestic and overseas corporate resident - Foreign Account * Foreign non-resident, non-resident citizen * Individual: foreign resident, public officials in foreign countries, civil officers Korea government and their families * Corporate : Public office of foreign government in Korea, delegates and international organization, corporate in foreign countries, oversea branch of domestic corporate, etc. - Overseas Emigrant Account * Overseas Emigrant & Overseas Korean C. Deposits & Disposition of Foreign Account - Deposit Subject * Remittance of foreign payment instrument from foreign countries * Foreign payment instrument authorized of acquisition or possession ※ Confirmation with submission foreign exchange report certificate in case of deposit in foreign currency equivalent to USD 20,000 or more
5. Domestic Deposit Transaction in Won of Non-Residents
A. Deposits in Won Available of Subscription by Non-Residents Short-Term Money Market Securities CD, RP, Cover Bill Remittance of Principal Available Account in Won of Non-Residents Ordinary Deposit, Current Deposit Savings Account, Free Savings Account, Corporate Free Deposit, Time Deposit Remittance of Interest Available, However, Remittance Available for Authorized Transaction including Re-Exchange within Sales Performance, etc Free-Won Account of Non-Residents Same as Account in Won of Non-Resident Remittance of Principal Available Trust Account in Won of Non-Residents Money Trust Remittance of Principal Available B. Short-Term Money Market Securities Investment Procedure Flow Chart Foreign Investor ① Document requested in opening foreign account exclusive for securities investment ⅰ) Request for Opening Foreign Deposits for Foreigner Securities Investment ⅱ) Commission Agreement (in case of concluding standing proxy) ※ Investment Fund ⅰ) Inward Remittance Amount & Fund Deposited in Foreign Account ⅱ) Foreign Fund Authorized of Acquisition & Possession ① Request for Opening of Account Exclusive for Securities Investment and Remittance of Investment Fund Foreign Currency Deposit in Foreign Accounts Exclusively for Securities Investment ② Withdrawal of Investment Fund and Purchase In case depositor cannot visit window, opening branch can conclude standing proxy with client and open & close account and remit principal on behalf of client Purchase CD, RP, Cover Bill ② Document requested for purchase of CD, RP, etc ⅰ) Request for Deposit Transaction ⅱ) Verification of Real Name, etc ③ Deposit Principal after Expiration Foreign Accounts Exclusively for Securities Investment ③ Document Requested : Foreign Deposit Slip ④ Remittance of Principal Foreign Investor ④ Document Requested ⅰ) Payment Request ⅱ) Foreign Deposit Slip
6. Confirmation on Real Name Domestic Deposit Transaction
C. Comparison on Deposit, Withdrawal of Account in Won, Free-Won Account and Trust Account of Non-Resident Fund Available for Deposit Remittance Account in Won of Non-Residents ① Inward Remittance Amount & Fund Deposited to Foreign Account ② Foreign Payment Instrument Authorized of Acquisition or Possession ③ Fund in won Acquired in Korea Remittance of interest available However, remittance is available for authorized transaction Including the re-exchange within range of sales performance, etc -Ordinary, Current Deposit Savings, Free Savings Account Corporate Free Deposit Time Deposit Fund Available for Deposit Remittance Free-won Account of Non-Residents ① Inward Remittance Amount & Fund Deposited to Foreign Account ② Foreign Payment Instrument ③ Domestic Payment Instrument Acquired as Ordinary Transaction Fund n Won from Residents ④ Transfer from Free-Won Account of Other Non-Resident to Free-Won Account Of Non-Resident in the Name of Person Himself Remittance of principal + interest available Remittance is available for early redemption Same as Account in won of Non- Residents Trust Account in Won of Non-Residents Money Trust D. Document Requested for Remittance of Interest for Account in Won of Non-Resident - Payment Request - Verification Document including the Copy of Bank Book with Indication of Account No. & Interest, etc E. Others Non-Resident Citizen can make deposit to all deposits and trust in won except the pension trust, long-term mortgage, worker-preferred savings and housing subscription deposits limited of subscription by non-resident citizen based on regulation on reception but shall abide by above procedure to secure the remittance of principal + interest 6. Confirmation on Real Name Domestic Deposit Transaction A. Overseas Korean, Foreigners Representative Applicants Required Documents for Confirmation on Real Name Stored Documents Overseas Korean Himself - Passport/Domestic Residence Report Certificate for Overseas Korean (Korean with Foreign Nationality) A copy of confirmation on real name Proxy Confirmation on Real Name of Himself (a copy acceptable) Confirmation on Real Name of Proxy Letter of Commission Certificate of Seal-Impression A copy of confirmation on real name of himself and proxy A letter of proxy, Certificate of seal-impression (original copy) (With Confirmation by Consul) Letter of Commission Authorized by Consul A copy of confirmation on real name of himself and proxy, A letter of commission confirmed by consul (With Receipt Authentication Confirmation) -Confirmation on Real Name of Himself (a copy acceptable) Letter of Commission with Authentication A copy of confirmation on real name of himself and proxy, A letter of commission with authentication Family Confirmation on Real Name of Applicants Domestic Residence Certificate, Register of Overseas Korean (limited documents with confirmation on family status) A copy of confirmation on real name of applicants, Original copy or a copy of register of overseas Korean
7. Acquisition of Domestic Real-Estate of Non-Residents
Representative Applicants Required Document for Confirmation on Real Name Stored Documents Foreigner Himself Alien Registration Certificate, Passport, Travel Certificate ※ Investment Registration Certificate (in Securities Transaction), Letter of Acceptance on Foreigner Investment Report, License A copy of confirmation on real name Proxy A Confirmation on Real Name of Himself (a copy available) A Confirmation on Real Name of Proxy A Letter of Commission with Authentication A copy of confirmation on real name of himself and proxy, A letter of commission ※ In case person in foreign countries request to open account in domestic store of the same financial institution using the overseas store of the same financial institution, account can be opened by the required documents for new account opening (confirmation on real name shall be done by staff dispatched from Korea in case of locale corporate) such as a copy of confirmation on real name (driver’s license issued in locale, seal or signature of confirmers can be used) , etc sent after the domestic branch shall confirm the real name from foreign store (branch, office, locale corporate) ※ Any one staying in Korea can be proxy including the executives of domestic transaction bank. However, staff in charge of confirmation on real name cannot be proxy ☞ Staff in charge of confirmation on real name refers to the staff who opens the account and seals the confirmation on real name B. Foreign Corporate Representative Applicants Required Documents for Confirmation on Real Name Stored Documents Foreign Corporate President A Confirmation on Real Name (one of following) * Document issued by government of the country that verifies that the corporate is established/set in the country * Investment Registration Certificate (in securities transaction, etc) * A Letter of Acceptance or License for Foreigner Investment A copy of confirmation on real name of corporate and president Proxy - A Confirmation on Real Name of President (use as a letter of commission available) - A Confirmation on Real Name of Proxy - A Letter of Commission with Authentication A copy of confirmation on real name of corporate and president, A original copy or copy of letter of commission 7. Acquisition of Domestic Real-Estate of Non-Residents A. Report Waved Transaction - Acquisition of domestic real-estate or relevant right of non-resident citizen - Rent of Real-Estate for Residence for non-resident himself, direct family and staff B. Report to Chief of Foreign Exchange Bank - In case of acquisition with carried-in, remitted fund (including the fund deposited in foreign account) from foreign countries - In case of acquisition of domestic real-estate or relevant right according to the security right or exercise of security of right followed by authorized transaction with resident - In case of acquisition of real-estate, real-estate from non-resident with the relevant right or relevant right with carried-in or remitted fund by non-resident
C. Report of President of Bank of Korea
- In case non-residents pursue to acquire domestic real-estate or relevant right except above cases D. Report by Foreign Land Act - In case foreigner acquires the domestic land, he shall report to chief of si, gun or gu-office where land is located within 60 days of the date of contract E. Remittance of Real-Estate Acquisition Fund (Refer to Foreign Exchange Transaction Regulation Article 7-46) - Remittance is available for the disposition of real-estate acquired with real-estate acquisition report and authorized fund - Although non-resident can acquire the domestic real-estate and freely lease to the resident, but he shall report to president of Bank of Korea for the remittance of rental deposit F. Real-Estate Investment Procedure Flow Chart <Reporting Institution> -Foreign Exchange Bank -Acreage Division of Si/Gun/Gu-Office where real-estate is located Real-Estate Acquisition Contract Real-Estate Acquisition Report & Remittance of Investment Fund <Document Requested> -Real-Estate Acquisition Report & Attached Documents of the Same Form -Real-Estate Sales and Purchase Contract, Etc Issuance of Registration No. for Real-Estate Register <Institution for Application> -Individual : Seoul Immigration Service (※Register Division of Seoul District Court for Permanent Resident) -Corporate : Acreage Division of Si/Gun/Gu-Office where real-estate is located <Institution for Application> -Register in charge of location of real-estate Register of Property Right Transfer <Document Requested> -Payment Request (Index Form No.3-1) -Verification Document for Acquisition of Real-Estate, etc (Real-Estate Acquisition Report Certificate, etc) -Verification Document for Sale (Sale & Purchase Contract, etc) -Confirmation of Real-Estate Sales Fund or Receipt of Tax Payment Real-Estate Sale & Remittance of Sale Amount
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