| Legislative： |
1.Promulgated on July 19, 1993
2.Amendment on October 22, 1993
3.Amendment on August 29, 1994
4.Amendment on March 22, 1995
5.Amendment on August 9, 1995
6.Amendment on July 2, 1997
7.Amendment on July 13, 1998
8.Amendment on September 15, 1999
9.Amendment on July 12, 2000
10.Amendment on December 11, 2002
11.Amendment on July 2, 2003
12.Amendment on August 4, 2004
13.Amendment on April 6, 2005
14.Amendment on March 5, 2007
15.Amendment on July 8, 2010 |
| Content： |
Chapter I General Provisions
Article 1
These Regulations are enacted pursuant to Article 2 of the Foreign Trade Act (hereafter referred to as
the Act).
Article 2
Regarding these regulations of the competent authority of the Ministry of Economic Affairs (MOEA), such
affairs shall be implemented by the Bureau of Foreign Trade, MOEA (hereafter referred to as BOFT).
However, supervision of commodities which contain written material or inspection of authorized copyright
documentation attached to goods shall be implemented by the Intellectual Property Office, MOEA (hereafter
referred to as TIPO).
Article 3
The term "licensing" as used herein means issuance of export permits by the BOFT or any organization
authorized by it. The term "exemption of licensing" as used herein means exemption of an export permit.
Article 4
The term "a firm" as used herein means an exporter/importer duly registered with the BOFT under the
"Regulations Governing Registration of Exporters and Importers".
Chapter II Export Regulations
Article 5
Regarding the following commodities, which are restricted for export under this Act, the BOFT shall
compile a restricted export commodities table according to the export regulations and commodity name list
as hereby announced:
1. Commodities to be exported to specific countries or areas as specified in Article 5 of the Act.
2. Commodities for which necessary measures need to be taken to restrict export thereof in accordance
with Article 6 of the Act.
3. Commodities which are restricted in accordance with Paragraph One, Article 11 of the Act.
4. Strategic High-Tech Commodities as set forth in Article 13 of the Act.
5. Exportation of endangered species of wild fauna and flora, and products thereof in accordance with
Article 13-1 of the Act.
6. Commodities for which export quotas are required in accordance with Article 16 of the Act.
For export of commodities listed in the table referred to in the preceding paragraph, not including those
subject to the regulations of other laws or proclaimed by the BOFT as being exempt from licensing,
applications for licensing shall be filed in accordance with the regulations prescribed in the said table.
Those commodities not in conformity with export regulations and not given special approval by the BOFT
shall not be permitted for export.
Article 6
Where a firm, government agency, government operated enterprise and public or private school exports
commodities not listed in the table of commodities under restricted export, licensing shall be exempted.
Article 7
Where a person, other than a firm, a government agency, a government operated enterprise, and a public or
private school, who is not a professional exporter, exports commodities subject to Article 10 of the Act,
he/she shall apply for import licensing; however, subject to any of the following circumstances, export
licensing shall be exempted:
1. Export commodities, whether transported via air or surface, not listed in the table of commodities
under restricted export, so long as the FOB price is less than US$20,000 or its equivalent.
2. Articles for own use by vessels berthing in Republic of China seaports or aircraft stopping-over at
Republic of China airports, within the limits of the classification, quantity, and value stipulated by
Customs.
3. Supplies for own use by fishing vessels operating from offshore bases, for which written approval is
obtained from the government authority in charge of fishery.
4. Articles for official use sent to Republic of China embassies, consulates, or other organizations
stationed in foreign countries.
5. Fuel for use by vessels berthing in Republic of China seaports or aircraft stopping-over at Republic
of China airports.
6. Articles for exhibition to be exported by the China External Trade Development Association and/or the
Taiwan Textile Federation.
7. Articles for humanitarian relief.
8. Other commodities approved by the BOFT.
For export of the above licensing-exemption commodities, if they are included on the list prescribed in
Article 5 or 8 hereof, regulations set forth on the list shall be complied with when export application
is filed with the customs, unless there are other special regulations applicable.
Article 8
For commodities that are exempt from licensing yet whose export is regulated under other laws or
regulations, the BOFT will, to the extent that examination of export commodities can be performed by
Customs, compile and publish a table of export commodities of which examination is assisted by Customs,
and list nomenclatures of and export regulations related to such commodities.
For export of commodities listed in the said table of export commodities of which examination is assisted
by Customs, export regulations set forth in the said table shall be complied with when applying for
export of such commodities.
Article 9
For articles in small quantity sent by parcel post or carried out of this country by passengers for
personal use, relevant Customs regulations shall govern, and the provisions in Article 5 and Paragraph
One, Article 7 hereof shall not be applicable.
Chapter III Marking of Trademark
Article 10
Exporters who export any commodities bearing trademarks shall themselves ascertain the ownership of the
said trademarks in order to prevent counterfeiting violations.
The exporters shall declare accurately on the export form the trademark(s) to be used for such
commodities. The declaration "without trademark" shall be made when export commodities do not bear any
trademark. However, when Customs determines that the foreign goods or domestic goods, which have been
returned for maintenance, are to be re-exported, then the provisions of this paragraph shall not be
applicable.
Article 11
If Customs comes to understand any export commodity bears a trademark that is not in conformity with the
information entered in the export declaration form, Customs shall request the exporter to provide the
legal documents from the owner for the right to use the trademark and that assign or authorize the
exporter to use the registered trademark, or any other document capable of verifying that trademark
counterfeiting has not been involved, so that the Customs Office can check and release the commodities.
Article 12
The provisions of the preceding two Articles shall apply to the case where a trademark is marked on the
internal or external packages or containers of the export goods.
Article 13
deleted
Article 14
deleted
Chapter IV Export of Commodities with Intellectual Property Rights
Article 15
For export of any specific commodity containing a specific work, the applicant shall submit the relevant
document(s) certifying the copyright involved and shall not infringe upon the copyright. The BOFT or its
appointed agency may inspect the specific commodity if necessary. The term intellectual work as used in
the preceding paragraph shall refer to any of the intellectual works as specified in Article 5 of the
Copyright Law.
Article 16
The scope of specific intellectual works, specific commodities and relevant copyright certifications, and
other associated regulations shall be defined and published by the BOFT.
Article 17
To perform the special monitoring of the intellectual works contained in export commodities, the TIPO may
accept the application for (copyright) registration to be filed by the copyrighters concerned or their
respective agents and may collect a sample-safekeeping fee as set by the TIPO.
The sample custody fee set forth in the preceding paragraph shall be collected in accordance with the
budget procedures.
Article 18
To meet foreign trade administrative needs, the BOFT may announce in a public notice that certain
designated export commodities shall bear the imprint of the Source Identification Code.
Before exporting, exporters shall properly declare on export declarations the imprint mark and business
code of the Mould Source Identification Code (SID code). Where there is no SID code, the exporter shall
declare “No SID Code”. This does not apply if the shipment is verified by Customs as “re-exportation”.
Article 19
Where needed for the management of trade, the BOFT shall promulgate the stipulated export items that must
indicate a chip source identification code. Those commodities already indicating a chip source
identification code shall submit written documentation from an agency recognized by the TIPO.
Chapter V Marking of Country of Origin
Article 20
Any commodity for export shall be marked itself or its internal and external package marked with the
country of origin in a conspicuous and durable manner.
In case such a marking cannot be made in accordance with these regulations owing to the special
characteristics of the commodity or the special situation of packaging, the exporter shall apply to the
BOFT for an approval.
Article 21
Commodities for export and manufactured in the Republic of China shall be marked with "Made in Republic
of China", "Made in Taiwan, Republic of China", "Made in Taiwan" or the equivalent in a foreign language.
Commodities for export mentioned in the preceding paragraph shall not be marked with any name of foreign
countries or places or any other expressions that can mislead others to believe that the commodities are
made in other countries, except imported parts/components, on which the original marks of the country of
origin may be retained, and except commodities in either of the following situations may be marked with
other countries as the country of origin:
1.Parts/components supplied to foreign buyers for assembly, on which marks of the country of origin, are
to indicate the place where the finished products are to be made, with approval from the BOFT.
2. Containers or packing materials supplied to foreign buyers for their use.
With respect to commodities themselves marked with other countries as origin under the preceding paragraph,
their internal or external packages shall still be marked with this country as the country of origin.
Article 22
For the re-export of imported commodities, their original marks of country of origin may be retained
thereon, and those re-exports without marks of country of origin when imported, may be re-exported
likewise.
Article 22-1
The imported commodities of the preceding article processed in Taiwan for re-export may be marked with
“Processed in Taiwan” or the method of processing in Taiwan on the commodities themselves or on
internal and external package. But if the commodities only undergo any of the following steps, they shall
only be marked with the method of processing in Taiwan:
1.Preservation required for transportation or storage;
2. Classifying, grading and packaging required for marketing or transporting of products;
3. Assembling or mixing that does not result in any major difference in the characteristics of the
products;
The commodities marked “Processed in Taiwan” or with the method of processing in Taiwan shall also be
marked with the country of origin in a conspicuous and durable manner.
Chapter VI Regulations Governing Licensing
Article 23
Application for export permit to export commodities shall be made in writing or logged electronically
with the BOFT.
An exporter shall apply for an export permit in writing by preparing and submitting the following
documents:
1. Complete set of export permit application form materials.
2. Any other materials as stipulated by other relevant regulations.
Format of the export permit and the export permit application form shall be designed by the BOFT.
Article 24
An export permit shall be valid for thirty (30) days from the date of licensing unless otherwise
stipulated by the BOFT.
No extension of validity of an export permit shall be applied for. If export is not effected within the
valid period and re-licensing is applied for, an application for cancellation of the original export
permit shall be made.
Article 25
For amendment and cancellation of an export, the exporter shall type and submit an application with the
original licensing organization.
An exporter, when applying for cancellation of an export permit under the preceding paragraph, shall turn
in all copies thereof.
Article 26
Amendments to export permits shall be made in accordance with the following provisions:
1. If an error is discovered before submission of export application to Customs, applications for
cancellation of original permit and re-licensing shall be filed, and no amendment application is allowed.
2. If amendment is required before or after release of commodities by Customs, an amendment application
form shall be submitted to the original licensing organization for necessary amendment. However, if the
amendment involves nomenclature, quality, classification, unit, or quantity of any commodity, Customs
endorsement shall first be obtained before an amendment application is filed. If the commodity concerned
is eligible for exemption of inspection or random inspection and Customs has no information for
verification, Customs shall endorse the relevant copy of the application of an export permit, unless a
special approval is obtained from the BOFT.
3. When applying for amendments, the original export regulations shall be adhered to.
4. The applicant’s name on the export permit shall not be amended, unless it has been authorized by the
BOFT.
Amendments referred to in the preceding paragraphs can only be made within six months from the date when
the original export permit was issued by the licensing organization, except amendments within three years
from the issuing date with the permission of the BOFT.
Article 27
deleted
Article 28
In preparing the export permit application form, amendment application form, and/or cancellation/re-issue
application form, all copies of the same application form shall be typed (or written) once in duplicate
with no erasures or changes allowed, otherwise they shall be considered null and void, unless there is
change of commodity classification number(s) made and stamped by the licensing organization.
Chapter VII Supplemental Provisions
Article 29
Where a commodity to be exported is an item subject to export inspection and the specifications thereof
defined by the foreign buyer are below the ROC National Standards applicable to such commodity, the
exporting firm may apply to the inspecting body to switch standards for the commodity, provided that the
export commodity shall be free from danger in use and shall not cause the consumers to get an impression
of being cheated.
Article 30
The BOFT may, based on the requirements of administration of trading activities, publish other rules or
regulations governing exportation in accordance with the Act or these Regulations.
Article 31
These Regulations shall come into force from the date of promulgation. |