| 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
16.Amendment on April 1, 2020 |
| 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).
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
deleted
Article 16
deleted
Article 17
deleted
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. |