Legislative: |
1.Promulgated on November 20, 2002, Ching-Mao No. 09104627370 2.Amendment: promulgated on March 3, 2006, Ching-Mao No. 0954600950 3.Amendment: promulgated on November 21, 2006, Ching-Mao No. 09504606940 4.Amendment: promulgated on December 25, 2008, Ching-Mao No. 09704606710 5.Amendment: promulgated on March 11, 2010, Ching-Mao No. 09904601160 6.Amendment: promulgated on May 31, 2012, Ching-Mao No. 10104603730 7.Amendment: promulgated on July 26, 2013, Ching-Mao No. 10204603800 8.Amendment: promulgated on June 17, 2014, Ching-Mao No. 10304602890 9.Amendment: promulgated on June 6, 2017, Ching-Mao No. 10604602510 10.Amendment: promulgated on May 21, 2018, Ching-Mao No. 10704602830 11.Amendment: promulgated on July 12, 2019, Ching-Mao No. 10804603140 12.Amendment: promulgated on June 17, 2022, Ching-Mao No. 11104602520 |
Content: |
Article 1
These Regulations are enacted pursuant to Article 9-1 of the Foreign Trade Act.
Article 2
The competent authority referred to in these Regulations is the Ministry of Economic Affairs
(hereinafter referred to as “MOEA”), and the relevant affairs shall be executed by the Bureau of
Foreign Trade (hereinafter referred to as “BOFT”).
Execution of the affairs of the preceding paragraph may be entrusted to concerned government
agencies or private organizations.
Article 3
Businesses subject to these Regulations are limited to corporations or business firms registered with
the BOFT in accordance with the Regulations Governing Registration of Exporters and Importers.
Article 4
An exporter/importer whose export/import performance in the preceding year has reached a certain
prescribed amount and whose registration has not been cancelled, nullified or abolished may be
awarded by the competent authority as an excellent exporting/importing business (hereinafter
referred to as an “excellent trading business”) and be included in a directory of excellent trading
businesses available at the BOFT website, for public enquiries.
The “prescribed amount” referred to in the preceding paragraph shall be publicly announced by the
competent authority.
Article 4-1
When an “excellent trading business” is involved in violation of the law, causes significant harm to
public interests, or is likely to cause significant harm, the competent authority may revoke the
export/import qualifications of the “excellent trading business” that were granted the previous year.
Article 5
The calculation of the export/import performance of an exporter/importer shall be based on the
following:
1.ROC statistical data on customs clearance;
2.Income through L/C assigned or transferred to other exporters/importers, export/import
commissions, triangular trade, and sales of fish abroad as calculated by the Taiwan Importers and
Exporters Chamber of Commerce, Importers and Exporters Association of Taipei, and/or the
Kaohsiung Importers and Exporters Association entrusted by the BOFT, and for which verifying
documentation is obtained through relevant agencies.
3.The sum of the export/import performance for the whole year of a business’s affiliated factories
and branch companies as submitted to BOFT.
Assigned L/C, as referred to in Item 2 of the preceding paragraph, can only be calculated once when
calculating export/import performance. However, three-way trade performance, re-export/re-import
trade performance, and export/import performance in the logistics industry are not included in the
calculation for excellent trading businesses.
Article 6
Awards for excellent trading businesses shall be as follows:
1.Awards for outstanding trade contributions: There will be a cross-evaluation of export
performances and growth rates of businesses with regard to 12 major categories of
exported/imported goods during the previous year, of which one excellent trading business will be
selected per category and awarded a Golden Trading Trophy.
2.Awards for contributions to expansion in emerging markets:
(1)There will be a cross-evaluation of the previous year’s export performances and growth in
exports of businesses to emerging markets, of which one excellent trading business will be selected
per emerging market and awarded a Golden Trading Trophy.
(2)In addition to the aforementioned awardees of the Golden Trading Trophy, there will be another
evaluation of businesses with the highest overall performances of exports to 3 or more of the
emerging markets during the previous year and awarded the Golden Trading Trophy.
3.Awards to small and medium enterprises (SMEs) for contributions to expansion: In addition to the
aforementioned awardees of the Golden Trading Trophy, there will be a cross-evaluation of the
previous year’s export performances and growth in exports of SMEs, of which one excellent trading
business will be awarded the Golden Trading Trophy.
The 12 categories of exported/imported goods mentioned in the first paragraph above include
agriculture, minerals, chemicals, plastics, textiles, metals, machinery, information & communication,
electrical machinery & electronics, shipping transport, optical & precision instruments, and others.
The emerging markets mentioned in the second paragraph include the 4 major emerging markets of
Africa, Central & South America, the Middle East, and the New Southbound countries. The SMEs
mentioned in the third paragraph refer to enterprises that are legitimately registered as a company or
business, with paid-in capital of less than NT$100 million or with fewer than 200 employees.
The same businesses are limited to receiving the first and third awards once every 5 years. The same
business is limited to receiving the second award for the same emerging market once every 5 years.
Article 6-1
As for reviewing of the aforementioned excellent trading businesses, the BOFT shall convene a
review meeting and engage scholars, experts and review members from related fields to conduct the
review.
Article 7
(deleted)
Article 7-1
(deleted)
Article 8
Each of the top 500 excellent trading businesses in terms of export/import performance during the
previous year may receive a “certification mark for exporters/importers for excellent trade
performance” (hereinafter referred to as the “certification mark”) from the BOFT and may enjoy the
following benefits:
1.Clearance of imports/exports according to the “Regulations Governing the Certification and
Management of the Authorized Economic Operators,” as stipulated by the Ministry of Finance;
2.Eligibility to apply for an APEC Business Travel Card in accordance with the “Operational
Procedures for Issuance of the APEC Business Travel Card,” as stipulated by the Ministry of
Foreign Affairs;
The graphic form of the certification mark in the previous paragraph shall be publicly announced by
the BOFT.
Article 9
An excellent trading business that receives a certification mark may print the certification mark on
its products, packaging, promotional items, or other trade promotion documents.
The certification mark in the previous paragraph may not be used as a trademark or service mark.
Article 10
Except where provisions of the Trademark Law and other relevant laws apply, the BOFT may
revoke the right of an excellent trading business that has received a certification mark to use that
certification mark if any one of the following situations occurs:
1.The mark’s graphic form is altered or words other than the mark’s year of issue are added;
2.An incorrect year of issue for the certification mark is shown;
3.The certification mark is improperly used;
4.The export/import registration of the aforesaid business is cancelled, nullified or abolished.
Article 11
These Regulations shall come into force from the date of promulgation. |