修正日期：民國 105 年 07 月 04 日
本辦法 105.07.04 修正之全文 31 條自中華民國一百零五年八月一日施行。
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依據臺灣製產品 MIT 微笑標章驗證制度取得臺灣製產品 MIT 微笑標章之產品得以我國為原產地，但該制度之臺灣製原產地認定條件仍應符合前項規定。
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Regulations Governing Certificates of Origin and Certificates of Processing
Amended Date 2013.01.17
These Regulations are enacted pursuant to Paragraph 4 of Article 20-2 of the Foreign Trade Act (hereafter referred to as “the Act”).
A Certificate of Origin refers both to products which originate from the Republic of China (hereafter referred to as “the ROC”) and products which originate from foreign countries.
A Certificate of Origin which products originate from a foreign country refers both to re-exported foreign goods and goods transported directly from a third country to the importing country.
Export products originating from the ROC shall conform to one of the following paragraphs:
1.A product that is entirely produced in the territory of the ROC; or
2.if the processing, manufacturing or materials of the product involve the joint participation of the ROC and another country or territory, it should be limited to the product that has undergone the final substantial transformation within the territory of the ROC.
Export products for which the MIT Smile Mark has been obtained in accordance with the Fee-charging Standards of Taiwan-made Product MIT Smile Mark may be regarded as originating from the ROC, but the Standards must conform to the provisions of the preceding paragraphs.
A product which is entirely produced in the territory of the ROC as referred to in Section 1 ,Paragraph 1 of the preceding article indicates one of the following:
1.A mined product excavated in the ROC;
2.a botanical product harvested or picked in the ROC;
3.a live animal born and bred in the ROC;
4.a product obtained from a live animal in the ROC;
5.a product obtained from hunting or fishing in the ROC;
6.a fish or other product obtained from a body of water by a vessel registered in the ROC or a product processed from such material;
7.a product excavated from the ocean floor or subsoil outside of the territory of the ROC but within waters that the ROC has excavation rights;
8.collected and recycled used materials as well as surplus or waste materials generated in the process of manufacturing within the ROC; and
9.a product produced from materials obtained in the territory of the ROC as referred to in the above Paragraphs 1 to 8.
Unless the Bureau of Foreign Trade (hereafter referred to as “the BOFT”) sets other standards in meeting the stipulated needs of an import country or in light of a product’s particular nature or in a designated region, a substantial transformation as referred to in Section 1, Paragraph 2 of Article 3 refers to one of the following:
1.A product that has been put under a different six-digit tariff classification code used by the ROC than that of its raw materials due to their processing or manufacturing process (i.e. a change of subheading); or
2.A product during a processing or manufacturing operation that, although it may not result in the change of subheading as referred to in the preceding subparagraph, has undergone a major production stage or attained an ad valorem rate of 35% or more.
The formula for computing the ad valorem rate as referred to in Paragraph 2 of the preceding paragraph shall be as follows:
Export price of Product - Direct or Indirect Import Price of Raw Materials & Parts
Export Price of Product (FOB)
If a product referred to in Item 1 undergoes any of the following steps, it shall not be deemed a product which has undergone a substantial transformation:
1.Preservation required for transportation or storage;
2.Classifying, grading, packaging, additional marking and re-labeling required for marketing or transporting the product;
3.Assembling or mixing that does not result in any major difference in the characteristics of the product;
4.Processing operations that may include simple cutting, assembling, bonding, or other processes;
5. Inspection and testing, simple drying, dilution, and inspissation procedures that do not change the nature of the product.
A Certificate of Re-export should specify its country of origin on any of the following documents:
1.Certificate of Origin from the country of origin
2.Photocopy of the original Import Customs Clearance.
3.Other relevant documents designated by the BOFT.
The country of origin as listed on the Certificate of Origin for the goods transported directly from a third country to the importing country shall be the same country as listed on the Certificate of Origin which is issued by the country of origin.
Re-exported foreign goods, after undergoing processing operations in Taiwan (ROC), shall apply for a Certificate of Processing if the processing operations do not comply with section 1,paragraph 2 of Article 3.
Those foundations, industrial associations, chambers of commerce, farmers’ associations, fisherman’s associations, provincial-level or above agriculture cooperatives, or provincial-level or above produce marketing associations that have been entrusted by the BOFT to issue Certificates of Origin or Certificates of Processing under the Act’s Paragraph 1 or 2 of Article 20-2 shall meet the following criteria:
(1) Those engaged in economic functions under the direct supervision of the Ministry of Economic Affairs (hereafter referred to as “the MOEA”); or
(2)Those whose founding chapters include accepting the government’s commission to inspect and issue related certificates needed by industries.
2.Industrial Associations and Chambers of Commerce
(1) Where the said agencies’ governing competent authority has, within the last two years, either rated the said organizations at the A level or above, or concluded that their operations have been running as normal; or
(2) Where the said agencies have not, within the last year, had their authority to issuea Certificates of Origin or Certificates of Processing terminated or revoked by the BOFT for a duration of six months or more.
(1) Those that are County (Municipal) Level or above;
(2) Where the said agencies’ governing competent authority has, within the last two years, either rated the said agencies at the A level or above, or concluded that their operations have been running as normal;
(3) Those whose organizational chapters include accepting the government’s commission or carrying out special functions permitted by its governing competent authority; or
(4) Where the said agencies have not, within the last year, had their authority to issue a Certificates of Origin terminated or revoked by the BOFT for the duration of six or more months.
4.Fisherman’s Associations, Provincial-level or above Agriculture Cooperatives or Provincial-level or above Produce Marketing Associations
(1) Where the said agencies’ governing competent authority has, within the last two years, either rated the said organizations at the A level or above, or concluded that their operations have been running as normal;
(2) Those whose organizational chapters include accepting the government’s commission or carrying out special functions permitted by its governing competent authority.
(3) Where the said agencies have not, within the last year, had their authority to issue Certificates of Origin or Certificates of Processing terminated or revoked by the BOFT for a duration of six months or more.
Those industrial associations, chambers of commerce, farmers’ associations, fisherman’s associations, agriculture cooperatives at the provincial level or higher, or produce marketing associations at the provincial level or higher that meet the preceding criteria may apply to the BOFT during the period of public announcement for the special Certificate of Origin as specified in the Act’s Paragraph 2 of Article 20-2.
However, the BOFT has the right to refuse any application if any of the following situations has occurred with the issuing agencies:
(1) The issuing agencies have not conformed to the international treaties, agreements, and international organization regulations or to the requests of foreign governments;
(2) The issuing agencies have had their authority to issue Certificates of Origin revoked by the BOFT within one year prior to application;
(3) The issuing agencies do not have any record of issuing Certificate of Origin within one year prior to application;
(4) The The period between the date upon which the issuing power was revoked under the penalty and the date of reapplication for issuing authority is less than one year.
The BOFT-authorized issuing agencies of Certificates of Origin must re-apply for their issuing authority at the end of the penalty period, should their issuing power be revoked under the penalty specified in Paragraph 3 of Article 28 of the Act.
The BOFT has the right to revoke any application according to Paragraph 1 of the preceding Article if any of the following situations has occurred with an issuing agency:
(1) The issuing agency has issued fewer than 60 special Certificates of Origin per year since January 19,2013.
(2) The issuing agency applies to terminate the issuance of special Certificates of Origin.
(3) The issuing agency has violated provisions of these Regulations or the rules of origin for special Certificate of Origin as specified in the Act’s Article 20-2, Paragraph 2, and has failed to make improvements within the required time limit after having been notified to do so.
If the industrial board of trade of an industrial association has issued 50 or more special Certificates of Origin per year, and if the relevant facts and evidence submitted by the industrial association are determined by the BOFT to show that the products concerned were classifiable to that particular industry and that the special Certificates of Origin were each issued to the industrial association’s members, then the authority to issue special Certificates of Origin shall not be revoked under the provision of Subparagraph 1 of the preceding paragraph.
Pursuant to Paragraph 1 or 2 of Article 20-2 of the Act, before issuing Certificates of Origin or Certificates of Processing, foundations, industrial associations, chambers of commerce, farmers’ associations, fishermen’s associations, provincial-level or above agriculture cooperatives, or provincial-level or above produce marketing associations need to first prepare and submit the following materials to the BOFT:
1.The documentary evidence approved by the governing competent authority that meets the criteria specified in Article 8 or 9 of these Regulations;
2.The copies of the officially stamped used on Certificates of Origin or Certificates of Processing and the signatures or stamps of the issuing personnel;
3.The checklist demonstrating that the BOFT’s hardware and software requirements have been met for issuing Certificates of Origin or Certificates of Processing; and
4.Acompleted application form for access to the BOFT online system for Certificates of Origin or Certificates of Processing.
The preceding paragraph does not apply to those issuing agencies which had been issuing authorities prior to 20 July 2010 and had not received a suspension of issuing authority penalty for six months or more within any given year prior to 20 July 2010. The issuing agencies shall only submit application of issuing Certificates of Processing with the stamps and signatures of the issuing personnel to the BOFT.
Submission of the signatures and stamps of the issuing agencies referred to in the preceding two paragraphs can be waved if it is demonstrated that they are the same as the signatures and stamps used in issuing the Certificates of Origin or Certificates of Processing at the time of submitting applications.
Before changing the stamps and /or signatures referred to in the preceding two paragraphs, the amended stamps and /or signatures must be sent to the BOFT for processing.
The actual exporter within the ROC is hereafter referred to as the applicant of the Certificate of Origin and Certificate of Processing, except those who are approved in special cases permitted by the BOFT.
The applicant of Certificates of Origin for goods transported through a third country is hereafter referred to as domestic seller.
The applicant for Certificates of Origin and Certificates of Processing (hereafter referred to as “the applicant”) and the issuing agencies for Certificates of Origin and Certificates of Processing (hereafter referred to as “the agencies”) shall use the BOFT online processing system to electronically transfer data or information to process the application and issue Certificates of Origin or of Certificates of Processing, except when the BOFT computer system is out of order. In such a case, hardcopies or paper applications will be accepted.
The applicant shall use the following methods to transfer data or information electronically:
1.connect to the BOFT website, log in and enter data or information for Certificates of Origin or Certificates of Processing;
2.use the eTrade service window to enter data or information for Certificates of Origin or Certificate of Processing.
Before using the BOFT online processing system to apply for Certifications, the applicant shall apply to the BOFT for a user account and password, except when the applicant uses the IC cards issued by the MOEA.
The personnel/entities not registered as importers/exporters must present relevant documents should they wish to register with the BOFT for the online application.
The electronic application of Certificates of Origin or Certificates of Processing is deemed received after it is registered and validated by the issuing agencies’ computers.
The applicant may not change or alter the content of the application after it is deemed received by the issuing agencies.
The applicant may apply for printed Certificates of Origin or Certificates of Processing, or provide the electronic copy of information of the Certificates of Origin or Certificates of Processing to the Customs Clearance online service providers for the purpose of transnational processing.
The issuing agencies may issue up to three original copies of the same Certificate of Origin or Certificate of Processing and six copies of the same Certificate of Origin or Certificate of Processing. In case of unclear print, the original may be increased to five, and the copies be increased to ten, except when the BOFT approves and otherwise specifies the number of copies with written permission.
The Certificates of Origin or the Certificate of Processing will become effective once the issuing agencies affix the seals and the issuing personnel affix the signatures on the Certificates.
The contents of Certificates of Origin for products originating from the ROC shall contain the following:
1.The names, addresses, and ID numbers of the applicant, exporter and manufacturer. In the case of a company, its name, address and tax ID shall be provided;
2.The name and address of the foreign importer;
3.The specific names, amount and CCC code of commodities; and
4.The port of export, the destination port and country.
The contents of Certificates of Origin for products originating from foreign countries shall contain the following:
1.The names, addresses, ID numbers of the applicant, exporter and manufacturer. In the case of a company, its name, address and tax ID shall be provided;
2.The name and address of the foreign importer;
3.The specific names, amount and the CCC code of commodities;
4.The port of export, the destination port and country, or the port of re-export;
5.The country of origin; and
6.For re-exported foreign goods: the serial number on the original import Customs Clearance form or relevant import documents designated by the BOFT; and for goods transported through a third country to the importing country: the serial number of the Certificate of Origin of the respective country of origin or of the respective third country; and the serial number of the Bill of Lading or the serials numbers of shipping documents which indicate the place of importation and exportation .
Certificates of Origin shall bear serial numbers and the dates of issue.
Certificates of Origin shall affix official stamps at the place where the pages meet when it is over two pages.
The formats of the Certificates of Origin shall be decided by the BOFT, which will meet the different needs of specific commodities or functions.
Aside from meeting the requirements specified in Paragraph 1 of Article 23, the applicant shall apply for the Certificates of Origin for products originating from the ROC after customs clearance. When applying for the online application or inquiring about Certificates of Origin notwithstanding, the following information shall be submitted to an issuing agency except when the applications and inquiries are made online:
1.A completed application for Certificates of Origin;
2.a copy of export Customs declaration or other relevant export certifying documents. The commodities under Articles 3, item 6 or 7 may be exempted from submission of export Customs declaration when sold outside of the ROC, in which case only the relevant export certifying documents shall be submitted; and
3.other documents as specified by the relevant regulations.
In addition to complying with the provisions stipulated in Paragraph 1 of Article 23, the applicants shall apply for a Certificate of Re-export only after customs clearance has been completed. Then the applicant shall submit the following information to the issuing agency except when the application or inquiry is made online:
1.A completed application for Certificate of Re-export;
2.A photocopy of the Customs Clearance form or other BOFT permitted certifying the document;
3.A photocopy of the Certificate of Origin submitted to Customs; and
4.Other relevant documents as specified.
When applying for a Certificate of Origin for goods transported through a third country to the importing country, the applicant shall submit the following information to the issuing agency:
1.A completed application for Certificate of Origin;
2.Photocopy of the Certificate of Origin from the country of origin or from the third country;
3.Photocopy of Bill of Lading (BOL) from the third country or any shipping documents that designate the importing and exporting locations;
4.Other documents as specified by the relevant regulations.
Where the foreign commodities are transited, the applicant shall apply for Certificate of Re-export only after those commodities are cleared by the Customs and the applicant shall submit the following data to the issuing agency, except for online applicants:
1.A completed application for Certificate of Origin;
2.A copy of the transit permit for the declaration or the clearance;
3.A copy of the foreign Certificate of Origin; and
4.other relevant documents in special cases designated by the BOFT.
The contents for the Certificate of Processing application shall contain the following information:
1.The names, addresses, and ID numbers of the applicant, exporter and processing manufacturer. In the case of a company, its name, address and tax ID shall be provided;
2.The name and address of the foreign importer;
3.The specific names, quantities and CCC codes of commodities;
4.The port of export, and the destination port and country;
5.The country of origin; and
6.The serial number for the country of origin’s Certificate of Origin, the serial number for the original import declaration form or any other relevant certifying documents required by the BOFT.
The Certificate of Processing shall bear the form serial number and the date of issue.
A Certificate of Processing shall affix an official stamp where the pages are bound when it is over two pages.
The formats of the Certificate of Processing shall be decided by the BOFT.
In addition to complying with the provisions specified in Paragraph 1 of Article 23, the applicant shall apply for a Certificate of Processing only after the customs clearance has been completed. When applying for the application or inquiring about Certificates of Origin, the following information shall be submitted to the issuing agency except when the applications and inquiries are made online:
1.A completed application for Certificates of Processing;
2.A copy of the Certificate of Origin from the country of origin, a copy of the original import declaration, or any other relevant certifying documents required by the BOFT;
3.A copy of the exporting declaration submitted to Customs or any other relevant export certifying documents; and
4.Other documents as specified by the relevant regulations.
The applicant may apply for the Certificate of Origin or the Certificate of Processing with a foreign place indicated as the place of origin before the commodities are cleared by the Customs under the following circumstance:
1.as requested by the country of import, a Certificate of Origin or a Certificate of Processing is required to apply for an import permit;
2.the Certificate of Origin or Certificate of Processing must accompany the commodities in transit, or the commodities have been reported to the Customs for inventory but have not received an export clearance, or the transportation period is within three days;
3.the certified standard companies applying to the Customs under Regulations Governing the Certification and Management of the Authorized Economic Operators; and
4.other special cases announced or permitted by the BOFT.
The above application must be accompanied by the following information when submitted to the issuing agencies, with the exception of online applications:
1.the completed Certificate of Origin or Certificate of Processing;
2.a photocopy of importer/exporter registration, company registration, Business Registration Certificate or other relevant documents specified by the BOFT;
3.relevant documents that meet the preceding requirements;
4.business receipts or trade contracts;
5.Certificates of Re-Export or Certificate of Processing with photocopy of import Customs declaration forms or other relevant import certifying documents; and
6.other relevant documents as specified.
Within thirty days of the issuance of the Certificate of Origin or the Certificate of Processing, or within the period specified by the BOFT, the applicant shall enter the Customs Clearance form number and item number via the online system, or submit the relevant documents, to the issuing agencies to complete the process. The previous announcements should be published in a government gazette.
The issuing agencies shall not accept the application under the following circumstance:
1.an applicant whose importer/exporter registration was revoked, nullified or cancelled, or as a penalty, prohibited from importing; or
2.an applicant who failed to complete the aforementioned process within thirty days or within a period specified by the BOFT.
When the applicant applies for Certificate of Origin or Certificate of Processing for exported goods 60 days after they have been cleared by Customs, they shall submit the export declaration certificate issued by the Customs Authority, except for online applicants.
When the name of the exporter appears on the Certificates of Origin or Certificates of Processing as a third person who is not the applicant or the domestic vendee, relevant photocopies of the documents regarding the transaction between the third person and the applicant, or any documentation specified by the BOFT, in addition to the information stipulated in the preceding paragraphs, must be submitted.
A complete copy of Certificate of Origin or Certificate of Processing must be attached with the application to cancel or replace the same Certificate of Origin or Certificate of Processing. If a complete copy is not available, special permission from the BOFT must be attached.
If a Certificate of Origin or Certificate of Processing is lost of cancelled, the applicant shall submit an explanation and reapply with the original issuing agencies. An applicant who receives a replacement after reporting it lost must attach a special permit from the BOFT.
An applicant shall apply for a replacement for a cancelled or lost Certificate of Origin or Certificate of Processing within two years from its first issuance.
Should the issued Certificate of Origin or Certificate of Processing be altered in any way, it becomes invalid.
The issuing agencies shall handle all of the application data and information in strict confidence, and shall store all of the hardcopies/paper applications for up to two years after the issuance of certificates for BOFT’s reference. The data shall be destroyed upon its two-year expiry date. The electronic data for the Certificates of Origin or the Certificates of Processing shall be stored up to five years after issuance and be deleted upon its five-year expiry date.
When deemed necessary, the BOFT may dispatch staff to the issuing agencies to inspect the operations related to the issuance of Certificates of Origin or Certificates of Processing.
Should the issuing agencies discover any false statements or suspicious information regarding the place of origin during the process of the application for Certificate of Origin or the Certificate of Processing, the issuing agencies shall report to the BOFT.
For verification purposes, the BOFT may request the applicant to provide proof or certifying documents to authenticate the origin of the commodities or to authenticate the processing operations.
The issuing agencies may impose a NT$250 fee for each issuance of the Certificate of Origin or the Certificate of Processing. There is no charge for replacement of a cancelled or lost Certificate of Origin.
Articles 3 to 5, Articles 8, Articles 15 to 18 and Articles 23 to 29 do not apply to those who have an international treaty or trade agreement and its authorized documents specifying the conditions. If not specified in the international treaty or trade agreement and its authorized documents, the regulation applies.
These Regulations shall take effect from the date of their proclamation, except for Article 7, Article 13, Article 22 and Article 23, which are related to the effective date of application for Certificates of Processing; and for Article 13 and Article 19 which are related to the effective date of application for Certificates of Origin for goods transported through a third country to the importing country. Both of these preceding dates are determined by the respective competent authorities.
修正日期 2008 年 12 月 19 日
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(以下簡稱貿易局) 申請輸出入簽審文件 (以下簡稱簽審文件) 。
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修正日期 2013 年 12 月 11 日
第 一 章 總則
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第 二 章 貿易管理及進口救濟
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第 三 章 貿易推廣與輔導
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Foreign Trade Act
Amended Date 2013.12.11
Chapter 1 General Principles
This Act is enacted for the purposes of expanding foreign trade and maintaining a sound trade order so as to enhance the economic benefits of this country in the spirit of liberalization and internationalization and on the principles of fairness and reciprocity. For matters not provided herein, other applicable laws shall govern.
The term “foreign trade” in this Act refers to the action of exporting/importing goods and related activities.
The term “goods” referred to in the preceding paragraph includes the following rights attached thereto: trademarks, patent rights, copyrights, and any other intellectual property rights protected by the laws enacted.
The term “exporter/importer “as used herein shall mean a firm registered in accordance with this Act to engage in export/import trade or a firm though not engaging in export/import trade as its regular business but exporting or importing specific goods.
The competent authority referred to in this Act shall be the Ministry of Economic Affairs (MOEA).
Any matter provided herein involving the competence of other ministries, commissions or government authorities shall be handled by the competent authority in consultation with the authorities concerned.
For the purpose of safeguarding national security, the competent authority may, in conjunction with the appropriate government authority or authorities, propose to the Executive Yuan for an approval to the ban and control of trading activities with specific countries or territories provided that such prohibition or control shall be submitted to the Legislative Yuan within one （1）month from the date of publication thereof for its ratification.
Under any of the following circumstances, the competent authority may temporarily suspend import from or export to specific countries or territories or import/export of specific goods or take any other necessary measures:
1.When any natural disaster, incident, or war occurs;
2.When national security is endangered or protection of public safety is hindered;
3.When the domestic or international market suffers a serious shortage of a specific material or the price thereof drastically fluctuates;
4.When serious imbalance is caused or threatened in international payments;
5.When any international treaty, agreement, United Nations resolution or international cooperation calls for it; or
6.When a foreign country impedes import/export with measures violating international agreements or principles of fairness and reciprocity.
Application of subparagraphs 1 through 4 or subparagraph 6 of the preceding paragraph shall be limited only to circumstances when there is an adverse impact or a threat thereof upon the normal development of the economy and trade of this country.
Before suspending import/export or taking any other necessary measures pursuant to subparagraph 4 or 6 of paragraph 1 above, the competent authority shall try to settle trade disputes through consultation or negotiation.
Suspension of import/export enforced or other necessary measures taken by the competent authority shall be lifted when causes thereof cease to exist.
The ratification requirement provided for in the preceding Article shall also be applicable for the purpose of this Article.
The competent authority or another government agency designated by the Executive Yuan may negotiate and enter into pacts and/or agreements with foreign countries in respect of external trade affairs and shall consult and coordinate with other government agencies first if such other government agencies are involved in matters to be negotiated.
A private organization or body authorized by the competent authority may negotiate and enter into agreements with foreign countries on behalf of the government in respect of external trade affairs and shall report the matters contemplated in the agreements to the competent authority for approval.
Pacts of agreements concluded as a result of foreign trade negotiations, unless within the scope of the administrative discretion power of the signing authority or organization, shall be submitted to the Executive Yuan for forwarding to the Legislative Yuan for discussion and decision.
A pact or an agreement with contents involving amendment of any existing law or enactment of a new law shall become effective only after completion of legislative procedures.
Before negotiating and concluding any pact or agreement with a foreign country in respect of economic and trade affairs, the competent authority or a government agency designated by the Executive Yuan may, if necessary and in conjunction with the Legislative Yuan and the appropriate ministries, commissions or government agencies, hold public hearings or solicit opinions from experts, scholars, and enterprises concerned.
Chapter 2 Regulation of Trade and Import Relief
A corporation or business firm registered with the Bureau of Foreign Trade（BOFT）as an exporter/importer may engage in export/import business.
A corporation or business firm intending to apply for registration as an exporter/importer shall first apply to the BOFT for approval of its proposed English name. The proposed English name, upon approval, will be reserved for a period of six (6) months.
An exporter/importer, whose registration has been revoked or nullified by the BOFT, shall not reregister within two years starting from the date of revocation or nullification.
For an exporter/importer which has closed, dissolved or whose registration has been revoked or nullified by the relevant competent authority in accordance with relevant laws, the BOFT may cancel its registration.
Regulations governing the terms and procedures for exporter/importer registration applications, as well as changes to, revocations and nullifications of, or the English name of exporter/importer for registrations and all other related matters required for compliance shall be prescribed by the competent authority.
An exporter/importer whose export/import performance in the preceding year has reached a certain prescribed amount may be commended. Regulation of the commendation shall be prescribed by the competent authority.
Any juristic person, organization, or individual not operating export/import as its (his/her) regular business, may export/import specific goods in accordance with the regulations stipulated by the BOFT.
Export/import of goods shall be liberalized provided, however, that restriction thereof may be imposed by reason of the requirements of international treaty, trade agreement, national defense, social security, culture, hygiene, and environmental/ecological protection, or policy.
Nomenclatures of goods subject to export/import restriction under the preceding paragraph and regulations governing export/import of such goods shall be announced in public by the competent authority after consulting with government agencies concerned.
Export/import of goods by military organizations shall be effected in accordance with regulations separately enacted by the Ministry of Economic Affairs in conjunction with the Ministry of National Defense and shall be included in the export/import statistics.
To ensure national security, fulfill international cooperation and agreements, enhance regulation of exportation/importation and flow of strategic high-tech goods, so as to facilitate the need of introducing high-tech goods, the exportation/importation of such goods shall comply with the following provisions:
1. No exportation is allowed unless otherwise authorized;
2. Where import permits are granted, no change of the importer or transfer to any third country or region is allowed unless otherwise authorized;
3. Intended use and end user shall be truthfully declared; no change is allowed unless otherwise authorized.
Specific strategic high-tech goods transported to the restricted regions may not transit, transship or become stored in bonded warehouses, logistics centers and free ports via any commercial port of this country without authorization.
For the types of goods and the regions restricted as referred to in the two preceding paragraphs, the competent authority shall render a public notice, publish a government bulletin and maintain a website free for public viewing.
For specific strategic high-tech goods in breach of the provisions in Paragraph 2, the competent authority may detain such goods in accordance with this act or relevant acts. Besides confiscation, the competent authority shall return shipment of such goods.
For detainment of aforementioned goods, Customs officials are entrusted with enforcement by the competent authority.
The application requirements and procedures, the regulations governing exportation/importation, transit, transshipment or storage in bonded warehouses, logistics centers and free ports, the declaration, changes and restriction of the export/import use and end user and the investigation of destinations and use of goods, and any other matters required for compliance, as referred to in Paragraphs 1 and 2 of this Article, shall be prescribed by the competent authority.
Exportation of endangered species of wild fauna and flora, and products thereof, is not allowed without authorization by the competent authority. No importation is allowed without submitting an export permit issued by the exporting country.
Endangered species of wild fauna and flora, and products thereof, are governed by the Wildlife Conservation Law (including wildlife bred or raised in captivity that have been announced as governed by the Wildlife Conservation Law), and require authorized documentation issued by the national principal authority prior to importation or exportation.
The competent authority shall post a public notification and publish in a government bulletin and maintain a website free for public viewing those endangered species of wild fauna and flora, as referred to in Paragraph 1 of this Article.
Permit application requirements and procedures, cancellations, re-issues, regulations for import /export, and any other matters required for compliance, as referred to in Paragraph 1 of this Article, shall be prescribed by the competent authority.
The BOFT may entrust the following matters to financial institutions, business associations, or juristic persons:
1.Issuance of export/import permits for goods;
2.Administration of export/import quotas for goods;
3.Other matters relating to examination and registration of export/import of goods.
Any financial institution, business association, or juristic person administering the matters entrusted to it as set forth in the preceding paragraph shall subject itself to the supervision of the BOFT and, if necessary, shall be obliged to go to the Legislative Yuan to respond to interpellations. Performance of duties relating to the entrusted matters by its personnel shall be deemed as discharge of official duties, and the personnel concerned shall take responsibility for their acts respectively.
To export/import goods for which exports/imports and export/import permits can be granted, the exporters/importers shall proceed as prescribed with the export/import permits.
Regulations governing the issuance, amendments and valid periods of export/import permits, labels of origin, trademark declarations, source identification or source identification codes, inspection of authorized copyright documentation attached to goods and all other matters required for compliance shall be prescribed by the competent authority.
To proceed with export/import, the exporter/importer may apply or address export/import documents through the computer or electronic data transmission among Customs, the BOFT or institutions entrusted by the BOFT relating to visa issuing matters.
For the purposes of facilitating trade negotiations or fulfilling pacts and/or agreements, the BOFT may prescribe quotas either free or required premium for the quantity of export/import goods or other related measures.
The measures for quotas as referred to in the preceding paragraph shall be prescribed pursuant to the requirements, pacts, agreements of international trade/economic organizations, the commitments derived from trade negotiations, or as provided for by laws and regulations, whichever are applicable; otherwise, the quotas shall be for public auction.
The quotas required premium mentioned in Paragraph 1 refer to those announced through public notifications by the BOFT after consulting the relevant authorities and allocated through tendering procedures or distributed by charging a certain amount of administrative fees.
Exporters/Importers of goods which are subject to quota restrictions may not engage in any of the following conduct:
1.Forging or altering quota-related documents, or using forged or altered documents;
2.Illegal transfer of exports/imports;
3.Circumventing inspection or violating regulations that pertain to safeguarding relevant data or documents about means of production;
4.Improper use of the quotas thus, causing disruption of trade order, or breach of pacts/agreements with other countries;
5.Evading quota regulations;
6.Failure to comply with overseas processing as certified;
7.False declaration for the utilization of quotas; or
8.Other improper acts obstructing quota regulations.
Export/import quotas may not be pledged or subject to forcible implementation. Free quotas may not be transferred to others unless otherwise prescribed under the laws and regulations governing specific goods.
The allocation methods, procedures, quantities, time limits for export/import quotas, time limits for retainment of data and documents, fees for quotas required premiums and payment deadlines, and any regulations governing quota disposal of exporters/importers shall be prescribed by the competent authority in accordance with the regulatory needs of each type of goods respectively.
An exporter/importer shall not:
1.Infringe on any intellectual property rights protected by laws of this country or other countries.
2.Fail to or untruthfully label the source identification or the country of origin as required.
3.Fail to or untruthfully declare the source identification code or trademarks.
4.Use false export/import permits or false relevant trade permits/certificates.
5.Fail to perform business contracts honestly or in good faith.
6.Disturb trade order through undue means.
7.Commit any other acts damaging the goodwill of this country or creating trade barriers.
Where the increase in the import volume of goods causes or threatens to cause serious injury to the domestic industry which produces like or directly competitive products, the authority in charge of the said industry, its associations, labor union or related organizations may apply to the competent authority for investigation of the injury and for import relief.
For investigating injuries to domestic industries, the MOEA shall co-ordinate with the International Trade Commission. The organization rules of the Commission shall be separately stipulated by the MOEA.
Regulations governing the process of applications for import relief filed under Paragraph 1 of this Article shall be drafted by the MOEA in conjunction with government agencies concerned.
In cases where relief measures have been implemented, the competent authority shall not impose relief measures for the same products within two years after the expiration of the original period of implementation. However, where the relief measures have been implemented for a period exceeding 2 years, the competent authority may not impose such measures for the same products for an equivalent period.
Under any of the following circumstances, the competent authority may apply again, if necessary, the import relief measure to the import of the same product for a duration of 180 days or less, without being subject to the restrictions stipulated in the preceding paragraph of this Article:
1. The duration of the original relief measure is 180 days or less;
2. At least one year has elapsed since the date of implementation of the original relief measure;
3. Such import relief measure has not been applied on the same product more than twice in the five-year period immediately preceding the date of implementation of the measure.
The competent authority shall not accept any application for the same case again within one year from the determination by the competent authority for the import relief cases relating to products, according to paragraph 3 or the preceding paragraph of this Article, if the injury to the industry is not established or no relief measure is to be applied, provided, however, those with justifiable reasons are not subject to this limitation.
In the event that a foreign country exports any goods to this country by way of subsidizing or dumping, thereby causing or threatening to cause substantial injury to domestically produced products competing with the said goods or creating substantial hindrance to the establishment of the domestic industry concerned, and where injury has been verified after investigation by the MOEA, the Ministry of Finance may impose, by law, countervailing or anti-dumping duties.
For the purpose of expanding trade, the competent authority may subsidize a juristic person, a corporation or a business firm to promote trade. Regulations governing the qualifications, application procedures, subsidy standards, methods of evaluation and other matters required for compliance shall be prescribed by the competent authority.
For the promotion of important products made in Taiwan, the competent authority should set up a Taiwan products pavilion (area) in the main trade exposition centers or halls of other countries when the participating exhibitors and products reach a certain scale, so as to assist in the expansion of trade.
For the promotion of Taiwan’s image as a producer of excellent products, the competent authority may set up pavilions (areas) for the display of excellent Taiwanese products in appropriate local halls and areas in order to assist firms in expanding trade.
Companies that are mandated by foreign governments to carry out preshipment inspection in the ROC shall have their inspection activities supervised by the competent authority.
Decisions of the WTO Preshipment Inspection Agreement dispute settlement panel shall be binding on the preshipment inspection company and the exporter concerned.
Regulations governing preshipment supervision shall be made by the Ministry of Economic Affairs.
The BOFT may issue certificates of origin or certificates of processing, and collect fees as needed on the goods of exporters. When necessary, the BOFT may entrust other institutions, foundations, industrial organizations, business organizations or farmers’ associations, fishermens’ associations, provincial agricultural cooperatives, agricultural products and marketing associations with the aforementioned matters.
The industrial organizations, business organizations or farmers’ associations, fishermens’ associations, provincial agricultural cooperatives, agricultural products and marketing associations may also issue certificates of origin or certificates of processing regarding the export of goods. But, in order to fulfill international treaties, agreements, and other international organization regulations, or based on specific certificates of origin required by foreign governments and announced through public notifications by the BOFT, the certificates herein shall not be issued unless they are approved by the BOFT.
The following acts are not permitted while issuing certificates of origin or certificates of processing:
1. Issuing certificates of origin without conforming to the form, procedures or the prescribed fees.
2. Issuing specific certificates of origin as stipulated in Paragraph 2 without authorization.
3. Not retaining documents according to the regulations.
4. Divulging confidential business information of an exporter.
5. Other conduct damaging the goodwill of this country or disturbing trade order.
The format of the certificate of origin and certificate of processing, the approval standards for the origins and processing, the terms for entrustment or termination of entrustment in Paragraph 1, the qualifications for the above-mentioned organizations to issue certificates of origin and terms for issuing the certificates of origin in Paragraph 2, the documents to be attached to the application, the issuing procedures, prescribed fees, time limits for retaining documents and any other matters required for compliance shall be prescribed by the competent authority.
A competent person designated by the competent authority may, in accordance with international treaties, agreements, and regulations of international organizations, sign declarations of origin as needed for exporting and importing goods.
The following acts are not permitted while signing declarations of origin:
1. Violating the origin critieria or signing inauthentic delcarations of origin.
2. Not retaining documents pertaining to declarations of origin as required according to the regulations.
The BOFT may request an exporter/importer, producer or other competent person who signs a declaration of origin to provide documents or information relating to the production process or may notify them to provide explanations on-site; if necessary, the BOFT may, together with relevant authorities and technical experts, conduct inspections on goods’ origin or, as needed, entrust other institutions or associations to conduct the inspections.
No signatory of a declaration of origin, exporter/importer, or producer may circumvent, interfere with, or refuse such an inspection.
The following notices shall be announced by the competent authority: the eligibility of a competent person to sign declarations of origin as described in Paragraph 1; the format, categories, and time limits for retaining documents relevant to declarations of origin; inspections on origin of goods; notifications of errors on declarations of origin; and other matters required for compliance with international treaties, agreements, arrangements, and regulations of international organizations.
Chapter 3 Trade Promotion and Assistance
In order to expand foreign trade, cope with the situations of foreign trade, and support trade activities, the competent authority may establish a trade promotion fund by collecting uniformly, through customs, a trade promotion service fee against the goods exported/imported by exporters/importers at a rate not more than 0.0425% of the price of the goods exported/imported, provided that the collection may be exempt from international treaties, pacts/agreements, practices or any other specific reasons.
The actual rates of the trade promotion fee to be collected and the coverage of items to be exempt shall be proposed by the competent authority and submitted to the Executive Yuan for approval.
For utilization of the fund set forth in Paragraph 1 of this Article, a trade promotion fund management committee shall be established, and no less than one fourth (1/4) of the members of the said committee shall be representatives of exporters and importers.
The regulations governing the revenue/ expenditure, custody, and utilization of the trade promotion fund shall be prescribed by the Executive Yuan.
Collection of trade promotion service fees under Paragraph 1 of the preceding Article shall be made under the following basis:
1.Fees for exported goods shall be based on the FOB prices thereof.
2.Fees for imported goods shall be based on the dutiable value thereof.
In case the dutiable value of imported goods is estimated on the basis of costs for repair, assembly, process, lease, or use, the estimated value shall be the dutiable value, which shall in turn be the basis for the fee.
In the following situations concerning exported/imported goods, an application may be filed with Customs for refund of paid or overpaid trade promotion service fee:
1.The export/import goods are rejected for export or import during customs clearance procedures.
2.The fee was overpaid due to misprinting, miscalculation, or false charges.
3.The exporter, having its goods released by Customs, is allowed to modify export prices in accordance with laws.
If the refundable amount is less than NT$100, no refund shall be made.
The competent authority shall assist exporters/importers in eliminating unfair trade barriers they may face in foreign markets through initiative consultations or negotiations with foreign countries.
In response to the needs of trade promotion, the Executive Yuan may designate government agencies concerned to carry out special programs for export insurance, export/import financing, development of shipping business and other facilitating measures.
To meet administrative needs, the BOFT may request exporters/importers to provide documents or information related to their business operations and, if necessary, may conduct inspections thereof; no exporter/importer shall refuse such a request for inspection. However, when making any such inspection, the inspector shall produce the papers certifying his authority to perform official duties, otherwise the person to be inspected may refuse such inspection.
A person who, in the course of performing duties, becomes aware or has possession of any trade documents or information of others, of which divulgence is sufficient to prejudice the business interests of others, shall keep the same as confidential information, unless using them for official purposes.
An exporter/importer shall, in compliance with the principles of honesty and good-faith, actively resolve foreign trade disputes through arbitration, conciliation, or settlement procedures.
The competent authority shall actively promote the establishment of an arbitration system for settling international trade disputes.
Chapter 4 Penal Provisions
Exportation/importation of strategic high-tech goods under any of the following circumstances, shall be punishable with imprisonment for not more than five (5) years, detention, or, in lieu of or in addition to, a fine of not more than NT$1,500,000:
1.Where such goods are transported to restricted regions without authorization;
2.Where, after import permits are granted, such goods are transferred to restricted regions without authorization prior to being imported;
3.Where, after being imported, the use or end user of such imported goods are changed without authorization from the original declaration to the production or development of military weapons, such as nuclear or biochemical weapons, or ballistic missiles.
Where the representative of a juristic person, the agent, employee or any other staff member of a juristic person or natural person, commits any of the crimes provided for in the preceding paragraph in his/her course of business, not only the perpetrator shall be punished as prescribed, the juristic person or natural person shall also be punished with the fine prescribed in the preceding paragraph.
For any of the circumstances prescribed in each subparagraph of Paragraph 1 of the preceding article, the BOFT shall suspend the liable party from exporting, importing or exporting/importing goods for not less than one (1) month, but not more than one (1) year, or revoke the liable party’s exporter/importer registration.
For exportation/importation of strategic high-tech goods under any of the following circumstances, the BOFT may impose an administrative fine of not less than NT$30,000, but not more than NT$300,000; or suspend the liable party from exporting, importing, or exporting/importing goods for not less than one (1) month, but not more than one (1) year; or abolish the liable party’s exporter/importer registration:
1.Where such goods are transported to any region other than the restricted regions without authorization;
2.Where, after import permits are granted, the importers are changed without authorization, or the said goods are transferred to any third country or region other than the restricted regions without authorization;
3.Where, after being imported, the use or end user of such imported goods is changed without permission from the originally declared to the production or development of military weapons, such as nuclear or biochemical arms, or ballistic missiles.
For specific strategic high-tech goods in breach of the provision of Paragraph 2 of Article 13, the competent authority may confiscate such goods.
Should an exporter/importer do any of the following, the BOFT may issue a warning, impose an administrative fine of not less than NT$30,000 and not more than NT$300,000, or stop the exporter/importer from exporting, importing, or exporting/importing goods for not less than one (1) month and not more than one (1) year:
1. Violating the provisions of Article 5 by trading with a country or territory with which trade is prohibited or restricted;
2. Violating the temporary suspension of export/import goods or any other necessary measures as stipulated in Paragraph 1 of Article 6;
3. Violating the regulations governing goods subject to export/import restriction as stipulated in Paragraph 2 of Article 11;
4. Violating the provisions in Paragraph 1 of Article 13-1 by exporting without authorization and importing without submitting an export permit issued by the exporting country;
5. Violating the provisions in Paragraph 1 of Article 15 for failure to proceed with exporting/importing as specified in the export/import permits;
6. Committing any of acts prohibited in Article 17;
7. Violating the provisions of Article 24 by refusing to provide documents or information, or refusing to accept inspection;
8. Violating the provisions of Article 25 by prejudicing the business interests of others.
With regard to a violation referred to in subparagraphs 1 through 6 of the preceding paragraph, the BOFT may in a serious case revoke the export/import registration of the exporter/importer in addition to the punishment provided for in the preceding paragraph.
If an industrial association, business organization, farmers’ association, fishermen’s association, provincial agricultural cooperative, or agricultural product and marketing association as referred to in Paragraph 2 of Article 20-2 violates the regulation in Paragraph 3 of the same Article, the BOFT may either issue a warning or impose an administrative fine of not less than NT$30,000 and not more than NT$300,000. In a serious case, the BOFT may also stop the violator from signing and issuing declarations of export/import or certificates of processing for not less than one (1) month and not more than one (1) year.
The BOFT may impose an administrative fine of not less than NT$500,000 and not more than NT$3,000,000 on a violator of the provisions of Paragraphs 2 and 4 of Article 20-3; in a serious case it may impose an administrative fine three (3) times as much as the value of the goods concerned and suspend the violator’s qualification to sign declarations of origin for not less than one (1) month and not more than one (1) year.
Should an exporter/importer commit any of the violations as prescribed in subparagraphs 1 through 5 of Paragraph 4 of Article 16, the BOFT may impose an administrative fine of not less than NT$60,000, but not more than NT$300,000; reclaim the allocated quota; or suspend export, import or export/import of such goods for not less than three (3) months, but not more than six (6) months, and in addition, may cancel the record of achievement; suspend the eligibility for quota application; or abolish the export/import registration of such exporter/importer, whichever appropriate, and taking into account the seriousness of the violation.
Should an exporter/importer commit any of the violations as prescribed in subparagraphs 6 through 8 of Paragraph 4 of Article 16, the BOFT may issue a warning or impose an administrative fine of not less than NT$30,000, but not more than NT$150,000; reclaim the allocated quota; or suspend export, import or export/import of such goods for not less than one (1) month, but not more than three (3) months, and in addition, may cancel the record of achievement, or suspend for not less than one(1) month, but not more than three (3) months the eligibility for quota application of such export/import.
To prevent an exporter/importer suspected of violation from circumventing punishment, during the investigation of violation, the BOFT may provisionally suspend the assignment or freeze the utilization of allocated quota, either in whole or in part, of such exporter/importer.
Should an exporter/importer commit any of the following violations, the BOFT may suspend the exporter/importer concerned from exporting/importing goods and the suspension shall cease once the cause is removed:
1.The goods exported/imported are counterfeits or infringe upon the intellectual property rights protected by this country or any other country, as supported by concrete evidence;
2.Failure to pay trade promotion fees as required in Paragraph 1 of Article 21.
3.Cessation of business or move to unknown location.
The period of suspension from exporting/importing goods due to the provisions prescribed in subparagraph 1 of the preceding paragraph may not exceed one (1) year.
For an exporter/importer who is suspended from exporting/importing goods pursuant to the provisions of Article 27-1, Paragraph 1 of Article 27-2, or Articles 28 through 30, if such exporter/importer has any transaction established before the punishment, and the transaction is confirmed true by the BOFT, the exportation/importation of goods contemplated in the said transaction may still be effected.
A person punished under the provisions of Article 27-1, Paragraph 1 of Article 27-2, or Articles 28 through 30 may file with the BOFT an objection and request re-examination. The BOFT shall make its decision within twenty (20) days from the day following the date of receipt of such written objection. The regulations governing the objection procedures shall be prescribed by the MOEA.
In case of disagreement with the results of re-examination in respect of any objection referred to in the preceding paragraph, the objector may file an administrative appeal and bring the case to an administrative court in accordance with the law.
Chapter 5 Supplementary Provisions
Where more than half of the annual operating expense of a business association or a juristic person is subsidized by the trade promotion fund, matters relating to its personnel management and expenditures shall be subject to the guidance and supervision of the MOEA. In addition, the said association or juristic person shall be obligated to be present at the Legislative Yuan to respond to interpellation, when necessary.
Enforcement of the rules of this Act shall be determined by the competent authority.
This Act shall be implemented from the date of its promulgation. However, collection of the trade promotion service fee, as provided in Article 21, shall begin from July 1, 1993.
The amendments of this Act, except for the amendments to Article 6, 18 and 20-1, shall be implemented from the date of its promulgation, which will be determined by the Executive Yuan.
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本細則依貿易法 (以下簡稱本法) 第三十六條規定訂定之。
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Enforcement Rules of the Foreign Trade Act
Amended Date 2005.03.18
These Rules are enacted pursuant to Article 36 of the Foreign Trade Act (hereinafter referred to as the Act).
The terms “foreign country”, “other country” and “counter-part country” as used in the Act include any separate customs territory designated under the World Trade Organization.
The measure to temporarily suspend export/import or other necessary measures to be taken by the competent authority under Article 6 of the Act shall be reported to the Executive Yuan at the time of publication for forwarding to the Legislative Yuan within one month from the date of publication for approval.
The necessary measures to be taken by the competent authority under Article 6 of the Act against any specific country or territory or any specific goods include restrictions on quantities, prices, qualities, specifications, payment methods, and ways of exportation or importation of the goods exported or imported and may also include a request on the Ministry of Finance to exercise its power of imposing special tariffs in accordance with applicable laws.
The terms “international treaty” or “agreement” mentioned in subparagraph 5, Paragraph 1, Article 6; the Proviso in Paragraph 1, Article 11; Paragraphs 1 and 2, Article 16; and the Proviso in Item 2, Article 20.2 of the Act refer to:
1. Any treaty or agreement signed by this country with any foreign country; and
2. Any convention or agreement signed and approved under any multilateral organization in which this country is a participant; in case this country is not a participant therein, the convention or agreement mutually recognized and complied with by countries in general.
To expand foreign trade relationship, the competent authority shall hold, or participate in, bilateral or multilateral economic and trade cooperation conferences and sign, based on economic and trade development situation or need, with specific countries or territories arrangements or agreements which are helpful to enhance bilateral economic and trade relationship.
The ban and control against specific countries or territories under Article 5, the temporary suspension of export/import of goods or other necessary measures under Article 6, the restrictions provided in the proviso in Paragraph 1 of Article 11, the administration of export/import of strategic hi-tech goods provided in Article 13, the quotas with or without charges or other appropriate measures taken under Article 16, and the import relief provided in Article 18 of the Act shall all be announced by public notices and implemented from the date of publication or any other designated date.
An exporter or importer may still export or import goods, if prior to the date of publication or the designated date stated in Article 7:
1. The exporter or importer has already obtained an export or import permit which is still within valid period; or
2. The importer has already applied for opening of an L/C and the L/C has been opened or payment for goods has already been remitted, or goods have already been shipped out from a foreign country for importation, as can be established by supporting documents; or
3. The exporter has received an L/C opened by a bank in a foreign country or already collected payment for goods, as can be established by supporting documents.
In respect of supporting documents of Item 2 and 3 of the proceeding paragraph, the nomenclature or quantity of goods shall be filled out.
To manage trade and collect statistics under the Act, the Bureau of Foreign Trade (BOFT) of the MOEA may use the Customs Import Tariff Code as the classification framework to compile our Import and Export Commodity Classification schedule.
In respect of export/import of goods, if quotas with or without charges are required under Paragraph 1, Article 16 of the Act, BOFT may take any of the following actions:
1. To issue and allocate quotas by itself or jointly with authorities concerned.
2. To entrust financial institutions, trade associations, or juristic persons with the administration of quota.
3. To designate a government operated trading organization to import such goods for resale through tendering procedures.
4. To handle the matter in other manners designated or approved by the competent authority.
Proceeds received from the distribution of quotas with charge shall be turned to the Treasury unless otherwise approved by the Executive Yuan.
Operational expenditures spent by organizations entrusted with quota administration shall be compensated by BOFT through its budgetary procedure except those spent on the administration of quota of which proceeds are not turned to the Treasury.
Illegal transshipment as mentioned in subparagraph 2, Paragraph 4, Article 16 of the Act means that the origin of exporting products which are subject to quota restriction is not our country, but export to countries or areas where import restraints are enforced under the quota of our country. Evasion of investigation means that the exporter/importer, as required by the measures stipulated in Paragraph 6 of Article 16 of the Act, fails to keep the production materials and documentation or refuses either to submit the said materials and documentation or to cooperate in the investigation.
Overseas processing as mentioned in subsection 5 of Paragraph 3 of Article 16 of the Act means that raw materials or semi-finished products are processed abroad into products which are subject to quota restriction, after which processing these products are re-imported into our country for re-export under the quota of our country, or the products are exported directly from the overseas processing places under the quota of our country.
The term of “other countries” as used in subparagraph 1, Article 17 of the Act shall mean any country or territory which has a multilateral or bilateral protection treaty or agreement on intellectual property rights with this country.
In an investigation of injuries by the competent authority under Article 19 of the Act, determination of substantial injury, threat of substantial injury, or substantial retardation to establishment of domestic industry concerned shall be based on the same criteria on which the Ministry of Finance determines to impose countervailing or anti dumping duties under Article 67 and Article 68 of the Customs Law as to whether there is substantial injury, threat of substantial injury, or substantial retardation of establishment of domestic industry concerned under Article 69 of the same Law.
To promote foreign trade, the competent authority may handle by itself or entrust China External Trade Development Council, other relevant organizations, juristic persons, or trade associations with the following matters:
1. To develop promotional plans for economic and trade matters with specific countries or territories.
2. To investigate and remove foreign trade barriers to this country.
3. To assist in responding to foreign complaints on trade matters against this country.
4. To promote the assistance system of enterprise marketing.
5. To promote the identification system of fine product.
6. To establish presences for trade affairs in specific countries or territories.
7. To train trade negotiation and promotion personnel.
8. To hold or participate in international exhibitions.
9. To praise in public local importers/exporters or foreign purchasers of local products for their excellent performance.
10. To assist local exporters/importers and overseas Chinese firms in trade promotion.
11. To increase other activities helpful to promotion of external trade.
The trade promotion service fee collectable under Paragraph 1, Article 21 of the Act shall be paid by concerned exporter/importer within fourteen days from the date of issuance of a payment request statement.
In collection of the above said trade promotion service fee, the customs shall include the fee into duty request statement and collect it together with import duties if it is for goods imported or collect it after sailing of the shipping vessel. if it is for goods exported.
The use freezing mentioned in Paragraph 3 of Article 29 of the Act means the suspension of assignment or exchange of quota, application for temporary quota, and export licensing of using quota.
Pursuant to subparagraph 1 or 2, Paragraph 1, Article 30 of the Act, in respect of suspension or reinstating of the right of an exporter/importer, BOFT may entrust the customs to handle such cases.
Trade affairs to be handled by BOFT in an Export Processing Zone or a Science-based Industrial Park or a Free Port or an Agricultural Technology Park may be entrusted to the administrative office of such Zone or Park or administrative authority.
These Rules shall come into force from the date of promulgation.
FOB –VNM/RVC=FOBx 100%