| Article 1 |
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These Rules are enacted pursuant to Article
36 of the Foreign Trade Act (hereinafter referred to as the
Act).
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| Article 2 |
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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.
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| Article 3 |
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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.
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| Article 4 |
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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.
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| Article 5 |
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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.
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| Article 6 |
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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.
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| Article 7 |
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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.
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| Article 8 |
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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.
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| Article 8-1 |
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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.
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| Article 9 |
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(deleted)
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| Article 10 |
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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.
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| Article 11 |
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(deleted)
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| Article 12 |
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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.
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| Article 12-1 |
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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.
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| Article 13 |
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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.
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| Article 14 |
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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.
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| Article 15 |
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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.
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| Article 16 |
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(deleted)
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| Article 17 |
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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.
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| Article 18 |
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(deleted)
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| Article 19 |
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(deleted)
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| Article 20 |
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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.
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| Article 21 |
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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.
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| Article 22 |
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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.
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| Article 23 |
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These Rules shall come into force from the
date of promulgation.
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