Korea
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Business practicalities in <strong>Korea</strong><br />
79<br />
5.7 REPATRIATING PROFITS<br />
AND GETTING PAID<br />
Sending money<br />
overseas<br />
Foreign residents working in <strong>Korea</strong> and paying<br />
<strong>Korea</strong>n income tax may send their entire income<br />
home, based on their tax payment certificates.<br />
These transactions may be made at banks, and<br />
some banks have also made international money<br />
transfers available online to foreign residents.<br />
There are three ways to send money overseas:<br />
wire transfers, bank checks, and postal cheques.<br />
Wire transfers are the fastest way to send money<br />
overseas, but can be expensive, with fees charged<br />
by both the sending and receiving banks. Many<br />
foreign residents choose to send over large sums<br />
of cash at once instead of many smaller amounts,<br />
to minimise the fees incurred.<br />
Wire transfers require:<br />
• Passport<br />
• Alien registration card<br />
• Name and address of the bank receiving the<br />
transfer<br />
• Routing number and swift code of the bank<br />
receiving the transfer<br />
• Name and account number for the account<br />
receiving the transfer.<br />
With bank cheques, a cheque is issued by the<br />
bank and sent, via regular mail, to an individual.<br />
Fees for bank cheques are often less, but the<br />
amount of time taken to receive the money may<br />
be considerably longer than for wire transfers.<br />
Postal cheques utilise registered mail services<br />
to send a cheque to the bank receiving the<br />
payment, and take the same amount of time as a<br />
letter to be delivered.<br />
Foreign exchange controls<br />
Foreign exchange control in <strong>Korea</strong> originated with<br />
the enactment of the Foreign Exchange Control Law<br />
(currently Foreign Exchange Transaction Law) in 1961.<br />
The purpose of this law was to properly control the<br />
outflow of foreign exchange, use incoming foreign<br />
exchange in the process of economic development,<br />
and to effectively cope with a chronic foreign exchange<br />
shortage. The Foreign Investment Promotion Act (FIPA)<br />
and the Foreign Trade Act also indirectly control foreign<br />
exchange transactions.<br />
Most transactions involving foreign exchange generally<br />
do not require approval or reporting under the Foreign<br />
Exchange Transaction Act (FETA), with a few exceptions<br />
as prescribed by the law. Receipt of foreign exchange<br />
from outside <strong>Korea</strong> is freely permitted, and payments to<br />
foreign companies are not regulated. Most restrictions<br />
on <strong>Korea</strong>n companies’ foreign currency transactions<br />
with foreigners have been removed. However, the<br />
Government continues to monitor certain flows of<br />
foreign currency in an attempt to minimise incoming<br />
speculative currency and outgoing capital flight. Ever<br />
since <strong>Korea</strong>’s currency crisis of 1997, most restrictions on<br />
short-term as well as mid and long-term borrowings from<br />
overseas by corporations have been removed.<br />
Most foreign currency loans are allowed and are subject<br />
to reporting to a foreign exchange bank. There are no<br />
specific regulations on borrowings from overseas by<br />
foreign investment companies in <strong>Korea</strong>, except the<br />
reporting requirements.<br />
<strong>Korea</strong>’s foreign exchange system is administrated by the<br />
Ministry of Strategy and Finance and the Bank of <strong>Korea</strong><br />
- the <strong>Korea</strong>n central bank. <strong>Korea</strong>’s foreign exchange<br />
controls are in line with OECD standards, with foreign<br />
exchange transactions for foreign direct and portfolio<br />
investment into <strong>Korea</strong> having been liberalised. Reporting<br />
requirements and some controls remain in place on forex<br />
payments made by individuals and businesses. <strong>Korea</strong>n<br />
law protects the repatriation of approved capital and<br />
remittance of dividends and profits. Forex banks doing<br />
business with foreign investors are required to verify the<br />
legality of the transactions.