| Legislative： |
1. Promulgated on April 26, 1993
2. Amended on July 4,1994
3. Amended on May 5,1995
4. Amended on October 2, 1996
5. Amended on March 14, 2001
6. Amended on September 12, 2001
7. Amended on October 31, 2001
8. Amended on November 8, 2001
9. Amended on February 13, 2002
10. Amended on April 16, 2003
11. Amended on December 12, 2008 |
| Content： |
Article 1
These Regulations are promulgated pursuant to the provision of Paragraph Three, Article 35 of the Statute
Governing the Relations Between Peoples of The Taiwan Area and The Mainland Area.
Article 2
Individuals, juristic persons. Organizations or other institutions in Taiwan Area who/which are engaged
in trading activities between Taiwan Area and Mainland Area shall comply with the provisions of these
Regulations. With regard to the matters not provided for in these Regulations, other relevant laws and
regulations shall govern.
Article 3
The government authority in charge of the matters governed by these Regulations shall be the Ministry
Economic Affairs (hereinafter referred to as "the competent authority"), with the Board of Foreign Trade
under the Ministry of Economic Affairs (hereinafter referred to as "BOFT") being designated as the
executive agency under these Regulations.
Article 4
The term "trading activities between Taiwan Area and Mainland Area" as used in this Regulation means the
act of exporting or importing goods/articles or intellectual property rights attached to goods/articles
between Taiwan Area and Mainland Area, and related matters thereto.
The term "goods" referred to in the preceding Paragraph includes those attached thereto: exclusive rights
for use of trademarks, patent rights, copyrights, and any other intellectual property rights protected by
the laws enacted.
Any person who engages in the trading activities as set forth in the first paragraph shall obtain a
permit, unless otherwise exempted, in accordance with these Regulations and other relevant laws and
regulations.
Article 5
Deletion.
Article 6
In order to implement due control or administration of the trading activities between Taiwan Area and
Mainland Area, the competent authority may set up appropriate trade monitoring systems.
Article 7
Goods/articles originated from Mainland Area, except the following items, are prohibited from importing
into Taiwan Area:
1.Items and terms designated and announced by the competent authority may be imported on a general basis.
2.Antiques, cultural works relating to religions, tribal art-works, works of folk art, works of art,
materials for cultural assets maintenance, and commodities for cultural or educational activities in a
small quantity.
3.Sample products for exclusive use in research or development.
4.Items listed as permissible for import pursuant to the Regulations Governing Permission for Importation
of Industrial Technology from Mainland Area.
5.Animals for use by schools, research institutes and zoos.
6.Raw materials, parts and components imported by the Duty-Bonded Factories for processing to export, and
goods/articles for reconditioning to export.
7.Raw materials, parts and components imported by the Export Processing Zone or the Science-based
Industrial Park for processing to export, and goods/articles for reconditioning to export.
8.Chinese medicines for medical treatment.
9.Publications, motion pictures, video programs and broadcasting and television programs as permitted by
the Government Information Office of the Executive Yuan.
10.Articles carried in by incoming passengers not exceeding the amount approved and announced by the
Customs of the Ministry of Finance.
11.Articles carried in by crewmembers of vessels or aircrafts in compliance with the relevant
requirements.
12.Harvested fishery products as compensation for settlement on fishery dispute at sea between Taiwan
Area and Mainland area.
13.Other items permitted through special approval by the competent authority.
The conditions for importation of the goods/articles as specified in Items 2,3,6 and 13 of the preceding
Paragraph shall be announced in public by the BOFT; Whereas the conditions for importation of the
goods/articles as specified in Item 7 of the preceding Paragraph shall be announced in public by the
administrative office of the Export Processing zone or the Science-based Industrial Park.
Mainland Area goods other than those as specified in Item 1 of Paragraph One of this Article but
belonging to agricultural products subject to a Tariff Quota Regime shall not be declared to customs for
shipment or sale to any third territory from any port in Taiwan Area, unless otherwise provided in the
following:
1.export transit via marine or air transportation (exclusive of marine-air or air-marine transportation),
2.export transship from the off-shore shipping center.
Items of the violation against provisions in the proceeding paragraph shall be returned to the last
shipping port.
Article 8
Any Mainland Area goods as designated by the competent authority under Item 1, Paragraph One of the
preceding Article is subject to the following requirements:
1.their import may not endanger the national security,
2.their import may not have any serious negative impact on related domestic industries, and
In case of any Mainland Area goods designated in Item 1, Paragraph One of the preceding Article according
to the related goods competent authorities conclude which shall conflict with any of the requirements set
forth in the preceding Paragraph on account of changes in the existing circumstances, the competent
authority may submit to the Executive Yuan for an approval to cease the import licensing for such goods.
The related goods competent authorities should examine goods/articles of Mainland Area origin as
importable items periodically and exporters/importers, industrial/commercial associations, relevant
agencies and other organizations may submit their recommended goods/ articles of Mainland Area origin as
importable items, of which procedures shall be announced in public by the competent authority.
Article 9
Import permits shall be obtained for goods/articles as specified in Item 1 through 7, 12 and 13 of
Paragraph One of Article 7 hereof from the BOFT, unless otherwise provided in the following:
1.Goods/articles which are announced in public by competent authority as items subject to import
licensing from the licensing bank, or exemption of licensing.
2.Goods/articles whose import subject to licensing requirement as specified in item 1 of Paragraph One of
Article 7, or goods/articles as specified in Item 3, 4, 7 and 13 of the same Paragraph imported by the
Export Processing Zone firms or the Science-based Industrial Park.
Importation of goods/articles as specified in Item 2 of the preceding Paragraph by the export Processing
Zone firms or the Science-based Industrial park firms shall obtain permission from the administrative
office of the Export Processing zone or the Science-based Industrial Park.
Import permits shall be obtained for goods/articles as specified in Item 8 through 11 of Paragraph One of
Article 7 hereof from the appropriate authorities (institutions) in compliance with the relevant laws and
regulations, or unless otherwise exempted.
Article 10
The competent authority promulgate the import conditions, according to as prescribed in Item 1 of
Paragraph one of Article 7, which should apply the approval documents, the approval issued may entrust
other government agencies or private body.
Article 11
All import documents related to Legitimate importation of Mainland Area goods / articles shall bear the
words "Chinese Mainland" in the column of country of origin. Any mark representing communism propaganda
obviously on such goods/articles or on any packages thereof shall be erased by importers after custom
release, unless otherwise provided in the following:
1.marks on the goods/articles as specified in Item 2 of Paragraph One of Article 7 hereof, or on the
packages thereof,
2.marks on the goods/articles as specified in Item 9 of Paragraph One of Article 7 hereof with the
approval of the Government Information Office under the Executive Yuan,
3.marks on the articles specified in Item 10 and 12 of Paragraph One of Article 7 hereof, or on the
packages thereof.
Article 12
All export documents related to exportation to Mainland Area shall bear the word "Chinese Mainland" in
the column of destination.
In case that goods/articles are exported indirectly to Mainland Area for further processing, exporters
shall report such purpose in export documents.
In case that the exporter prescribed in the preceding Paragraph converts his activity to investment in
Mainland Area, the exporter shall obtain permission for such investment from the competent authority in
compliance with the Regulation Governing Permission of Investment and Technical Cooperation in Mainland
Area.
Article 13
This Regulation shall come into force from the date of promulgation. |