Chapter I - General Provisions
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| Article 1 |
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These Regulations are enacted pursuant to the
provisions of Paragraph 6 of Article 13 of the Foreign Trade
Act.
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| Article 2 |
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Export and import of strategic high-tech
commodities shall be governed by these Regulations. With regard
to matters pertaining to the export and import of strategic
high-tech commodities not provided for in these Regulations, the
provisions of other relevant laws and regulations shall govern.
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| Article 3 |
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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).
When necessary, the competent authority may appoint a government
authority or entrust an other government authority（agency）with
management of export and import or other business matters.
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| Article 4 |
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Exported strategic high-tech commodities shall
not be used for producing or developing such military weapons as
nuclear weapons, chemical and biological weapons, and missiles.
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| Article 5 |
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In order to meet the need to control exports and
imports of strategic high-tech commodities, the MOEA shall, in
conjunction with relevant government authorities (agencies),
form a task force with exclusive responsibility to handle the
following matters:
1. Making determinations as to suspected exports/imports of
strategic high-tech commodities;
2. To verify and investigate the destination and purpose of
exports/imports of strategic high-tech commodities.
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Chapter II - Import Control
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| Article 6 |
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In applying for an International Import
Certificate, the importer shall file the following documents
with the BOFT or the appointed or entrusted government authority
(agency):
1. A complete set of International Import Certificate
application documents;
2. A statement of intended use of the import commodities
concerned;
3. Related transaction documents.
4. Other documents as required in accordance with the applicable
regulations.
The formats of the International Import Certificate, the
application form and the statement of intended use referred to
in the preceding Paragraph shall be prescribed by the BOFT.
The International Import Certificate shall be valid for one
year.
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| Article 7 |
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In applying for issuance of a Written Assurance
Certificate, the importer shall file the following documents
with the BOFT or the appointed or entrusted government authority
(agency):
1. The Written Assurance Certificate in triplicate;
2. A statement of the intended use of the import commodities
concerned (the local end-user shall be indicated);
3. Related transaction documents.
4. Other documents as required in accordance with the applicable
regulations.
The formats of the Written Assurance Certificate referred to in
Item 1 of the preceding Paragraph can be furnished by the
importer unless otherwise specifically designated by the BOFT,
in which case the prescribed formats shall be used.
If the importer is a government authority (agency), the Written
Assurance Certificate shall be executed and issued by the
competent government authority (agency), with a copy thereof to
be sent to the BOFT for its information. However, if the Written
Assurance Certificate cannot be executed and issued by the
competent government authority (agency) due to special
circumstances, it may be applied for through the BOFT.
The Written Assurance Certificate shall be valid for one year.
Following the issuance of a Written Assurance Certificate, one
copy thereof shall be retained by the certifying authority
(agency) for its records, and the other two copies shall be
returned to the importer.
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| Article 8 |
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In the event that the information entered in an
International Import Certificate or a Written Assurance
Certificate need to be changed, a separate application for a new
certificate shall be filed with the original certifying
authority (agency).
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| Article 9 |
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In the event that the commodities covered by an
International Import Certificate or a Written Assurance
Certificate have not been imported within the valid period of
issuance of the International Import Certificate or the Written
Assurance Certificate, the importer shall report the case to the
original certifying authority (agency) by submitting the
original International Import Certificate or the Written
Assurance Certificate together with a statement setting forth
the reasons for failure to effect import.
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| Article 10 |
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Upon importation of the commodities covered by a
valid International Import Certificate or a Written Assurance
Certificate, unless application for a Delivery Verification
Certificate is required, the importer shall submit to the
original certifying authority (agency), for its records, a
photocopy of the International Import Certificate or the Written
Assurance Certificate and the duplicate of the copy used to
certify the import of the Import Customs Declaration duly
affixed with the customs confirmation stamp within three (3)
months after customs clearance and release of said commodities.
If the importer had already filled in the numbers and items of
an International Import Certificate or a Written Assurance
Certificate on the import of the Import Customs Declaration
during importation, the importer need not submit the above
documents to the original certifying authority (agency).
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| Article 11 |
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In requesting the customs office to affix its
import confirmation stamp on each page of a complete set of the
Application for Delivery Verification Certificate, the importer
shall, when declaring the commodities at the customs, submit to
the customs office a complete set of the Application for
Delivery Verification Certificate prepared by the importer
together with the original copy and one photocopy of the valid
International Import Certificate or the Written Assurance
Certificate. After verifying the delivery of the imports
concerned, the customs office shall affix its import
confirmation stamp on all pages of the Application for Delivery
Verification Certificate and return the original International
Import Certificate or the Written Assurance Certificate to the
importer.
In cases where an application for confirmation of import is
filed with the customs office after the commodities have cleared
the customs and are imported, the duplicate (the copy used to
certify the import) of the Import Customs Declaration shall also
be submitted in addition to the documents set forth in the
preceding Paragraph.
In cases where the import commodities covered by either of the
preceding two Paragraphs fall into the category of the
commodities selected by lot for exemption from customs
inspection, the customs office may confirm the import thereof
based on examination of the documents submitted.
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| Article 12 |
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In applying for a Delivery Verification
Certificate, the importer shall file the following documents
with the BOFT or the appointed or entrusted government authority
(agency):
1. The full application form for Delivery Verification
Certificate duly affixed with the import confirmation stamp of
the customs office;
2. One photocopy of the International Import Certificate or the
Written Assurance Certificate;
3. Other documents as required in accordance with the applicable
regulations.
The formats of the Delivery Verification Certificate and the
application form referred to in the preceding Paragraph shall be
prescribed by the BOFT.
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| Article 13 |
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In the event that an International Import
Certificate, a Written Assurance Certificate or a Delivery
Verification Certificate is lost, the importer may request the
original certifying authority (agency) to issue a replacement
certificate by submitting a complete set of application
materials for a new International Import Certificate, a Written
Assurance Certificate or a Delivery Verification Certificate
together with a written statement setting forth the cause of
loss, the serial number and the date of issuance of the lost
International Import Certificate, Written Assurance Certificate
or Delivery Verification Certificate.
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| Article 14 |
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An importer importing strategic high-tech
commodities shall effect the importation thereof in accordance
with the contents set forth in the International Import
Certificate or Written Assurance Certificate, and unless prior
permission has been obtained from the original certifying
authority (agency), no substitution of the importer nor
re-routing of the commodities to a third country or any
territory other than the Republic of China may be made before
such commodities clear customs and are imported into the
Republic of China.
Where the commodities referred to in the preceding Paragraph are
transferred to a transferee or sold to a domestic purchaser
after being imported, such transfer or sale shall be effected
strictly in accordance with the terms and conditions previously
made with respect to purchasing and importing such commodities.
If the importer needs to change the declaration of original end
uses and end users of the International Import Certificate or
Written Assurance Certificate, the importer shall obtain
permission from the original certifying authority (agency) and
submit the approved documents issued by the government of the
original exporting country or the original exporter. Moreover,
the importer or transferor/seller shall notify, in writing, the
buyer or transferee of such terms and conditions and the
required time period the related documents should be retained.
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Chapter III - Export Control
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| Article 15 |
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For exportation of strategic high-tech
commodities, the exporter shall first file an application for an
export permit (license) with the BOFT or the appointed or
entrusted government authority (agency). This export permit
(license) shall be valid for six (6) months, and the exporter
may apply for multiple shipments under this export permit
(license). However, based on one of the following conditions,
the period of validity may be granted for two (2) years:
1. Exportation to countries belonging to the four international
export control regimes of the Wassenaar Arrangement, the Missile
Technology Control Regime, the Nuclear Suppliers Group and the
Australia Group.
2. Exportation to a non-restricted area, and the exporter has,
during the last six (6) months, regularly exported strategic
high-tech commodities to the same country or area and the same
importer for five (5) or more export transactions.
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| Article 15-1 |
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An exporter who has implemented the Internal
Control Program, has been identified by the BOFT (hereafter
referred to as ICP Exporter), and wishes to export strategic
high-tech commodities, may apply for an export permit (license)
that is valid for multiple countries, buyers, consignees and end
users. The permit shall be valid for three (3) years.
The ICP Exporter should submit the previous year’s Internal
Review to the BOFT by January 31st of each year.
If any of the following circumstances apply to the ICP Exporter,
the BOFT will nullify the ICP Exporter’s qualifications and
revoke the export permit referred to in Paragraph 1:
1. Violation of the provisions in the preceding paragraph;
2. The internal control procedures fail to comply with the
provisions of the ICP, and are not rectified within the
prescribed period after notification.
3. Violation of strategic high-tech commodities export rules.
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| Article 16 |
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In applying for an export permit (license) for
strategic high-tech commodities, the exporter shall submit the
following documents:
1. A complete set of application documents for an export permit
(license) for strategic high-tech commodities;
2. An International Import Certificate, a Certificate of End
Uses, or a Written Assurance Certificate issued by the
government of the importing country, or a Written Assurance of
End Uses provided by the foreign importer or end user. The
intended end uses and end users must also be truthfully
declared.
3. Related transaction documents.
4. Other documents as required in accordance with the applicable
regulations.
Whenever an ICP Exporter applies for a three-year (3) valid
export permit (license), if the foreign importer or end user is
the same company as the ICP exporter, or is the controlling
company, or is the subsidiary company of the ICP exporter, a
Written Assurance of End Uses can be issued by the head office
or controlling company, and the ICP exporter is exempt from
submitting the related transaction documents in the preceding
item 3.
The exporter shall apply for an export permit (license) within
the validity period of the International Import Certificate,
Certificate of End Uses, or Written Assurance Certificate. If no
validity period is indicated in the Certificate, application
shall be made within one (1) year from the date of issuance of
said Certificate.
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| Article 17 |
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Where strategic high-tech commodities imported
from abroad are to be re-exported, and if a prior approval for
such re-export must be obtained from the government of the
original exporting country in accordance with the regulations of
that exporting country, the re-exporter shall, in addition to
complying with the preceding Article, also submit the document
issued by the government of the original exporting country
approving the intended re-export.
If the strategic high-tech commodities for re-export in
accordance with the preceding Paragraph are to be re-exported in
its country of origin, the re-exporter shall also provide the
serial number of the International Import Certificate issued by
the Republic of China prior to the import of such commodities or
any other documents sufficient to evidence the import of such
commodities.
When an ICP Exporter applies for an export permit (license) that
is valid for 3 years, he/she does not need to submit
documentation approving intended re-export issued by the
government of the original exporting country or import
documents. However, the exporter should save the documents for
later inspection by the BOFT.
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| Article 18 |
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If the strategic high-tech commodities are to be
exported to a non-restricted area under any of the following
circumstances, the exporter shall submit documents as specified
by Items 1 ,3 and 4 of Paragraph 1 of Article 16 hereof and
other sufficiently supporting documents when applying for an
export permit (license):
1. Where the total value of the same commodity subject to export
control is less than US$5,000;
2. Where the commodities are temporarily exported for
exhibition, maintenance service, testing and/or replacement for
defective or unacceptable items, and will be re-imported;
3. Where the importer and the end user of the export commodities
is a government agency, university or academic institution; or
4. Where the original commodities are returned to the exporter
of origin.
5. Where special approval for the export of the commodities has
been authorized by the BOFT.
For the commodities referred to in Item 2 of the preceding
Paragraph, the exporter shall submit to the government authority
(agency) that approved the export the documents evidencing the
re-import of the commodities for closing the case within the
time limit specified in the original approval.
In the event that the commodities exported for exhibition as
referred to in Item 2 of Paragraph 1 are sold during the period
of exhibition, the exporter shall still submit supplemental
documents as required under the preceding two Articles; however,
such commodities shall not be sold to any restricted area(s).
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| Article 19 |
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Exports of strategic high-tech commodities shall
be effected by exporters in accordance with the originally
approved contents of the respective export permits (licenses).
The contents of the export permit may be modified by submitting
related documents before the expiration date. The name of the
applicant may not be changed unless it has been approved.
The expiration date of the export permit may not be extended.
When clearing the commodities covered by the Paragraph 1 through
the customs, the exporter shall upon completion of verification
and within one (1) month, after the export of such commodities,
proceed to close the export case with the original certifying
authority (agency). In case the export was effected in several
shipments, the exporter shall proceed to close the export case
with the original certifying authority (agency) within one (1)
month after the last shipment. However, licenses applied for
electronically are not subject to restrictions.
The format for a strategic high-tech commodities export permit
(license) shall be determined by the BOFT.
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| Article 20 |
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In the event that certain specifically
designated strategic high-tech commodities should be transited
or be transshipped via a commercial port of the Republic of
China en-route to certain restricted areas, the owner of such
commodities or a person authorized by such owner shall obtain
permission in advance by applying to the BOFT or the appointed
or entrusted government authority (agency), accompanied by a
Permission Certificate issued by the government of the exporting
country and a Written Assurance of end uses issued by the
importing country.
For shipping specifically designated strategic high-tech
commodities which are stored in bonded warehouses, logistics
centers and free trade ports of the Republic of China to certain
restricted areas, the owner of such commodities or a person
authorized by such owner shall apply to the BOFT for a permit,
accompanied by a Permission Certificate issued by the government
of the exporting country and a Written Assurance of end uses
issued by the importing country. After the permit is obtained,
the owner or person authorized by the owner may proceed to
remove the commodities from the warehouse.
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Chapter IV - Supplementary Provisions
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| Article 21 |
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Exporters/importers exporting/importing
strategic high-tech commodities shall retain the relevant
documents or material for a period of five (5) years.
The certifying authority (agency) or the task force formed under
Article 5 hereof may, as needed for the proper control of
exports/imports, require exporters/importers to provide their
respective documents or material on exportation/importation and
the eventual movement of such strategic high-tech commodities,
and the exporters/importers shall not refuse to comply.
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| Article 22 |
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These Regulations shall come into force from the
date of promulgation.
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