Laws and Regulation Database of The Republic of China (Taiwan)

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Article 1Article 2Article 3Article 4Article 5Article 6Article ContentTitle： Regulations Governing Export and Import Of Strategic High-techCommodities CHAmended Date： 2017-10-20Category： Ministry of Economic Affairs（經濟部）Chapter I - General ProvisionsThese Regulations are enacted pursuant to the provisions ofParagraph 6 of Article 13 of the Foreign Trade Act.Export and import of strategic high-tech commodities shall begoverned by these Regulations. With regard to matters pertainingto the export and import of strategic high-tech commodities notprovided for in these Regulations, the provisions of otherrelevant laws and regulations shall govern.Regarding these regulations of the competent authority of theMinistry of Economic Affairs (MOEA), such affairs shall beimplemented by the Bureau of Foreign Trade, MOEA (hereafterreferred to as BOFT). When necessary, the competent authority may appoint a governmentauthority or entrust an other government authority (agency) withmanagement of export and import or other business matters.Deleted.In order to meet the need to control exports and imports ofstrategic high-tech commodities, the MOEA shall, in conjunctionwith relevant government authorities (agencies), form a taskforce with exclusive responsibility to handle the followingmatters: 1. Making determinations as to suspected exports/imports ofstrategic high-tech commodities; 2. To verify and investigate the destination and purpose ofexports/imports of strategic high-tech commodities.Chapter II - Import ControlIn applying for an International Import Certificate, theimporter shall file the following documents with the BOFT or theappointed or entrusted government authority (agency): 1. A complete set of International Import Certificateapplication documents; Print Time：2022/08/01 10:47Article 7Article 8Article 92. A statement of intended use of the import commoditiesconcerned; 3. Related transaction documents. 4. Other documents as required in accordance with the applicableregulations. The formats of the International Import Certificate, theapplication form and the statement of intended use referred toin the preceding Paragraph shall be prescribed by the BOFT. The International Import Certificate shall be valid for oneyear.In applying for issuance of a Written Assurance Certificate, theimporter shall file the following documents with the BOFT or theappointed or entrusted government authority (agency): 1. The Written Assurance Certificate in triplicate; 2. A statement of the intended use of the import commoditiesconcerned (the local end-user shall be indicated); 3. Related transaction documents. 4. Other documents as required in accordance with the applicableregulations. The formats of the Written Assurance Certificate referred to inItem 1 of the preceding Paragraph can be furnished by theimporter 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 WrittenAssurance Certificate shall be executed and issued by thecompetent government authority (agency), with a copy thereof tobe sent to the BOFT for its information. However, if the WrittenAssurance Certificate cannot be executed and issued by thecompetent government authority (agency) due to specialcircumstances, 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, onecopy thereof shall be retained by the certifying authority(agency) for its records, and the other two copies shall bereturned to the importer.In the event that the information entered in an InternationalImport Certificate or a Written Assurance Certificate need to bechanged, a separate application for a new certificate shall befiled with the original certifying authority (agency).In the event that the commodities covered by an InternationalImport Certificate or a Written Assurance Certificate have notbeen imported within the valid period of issuance of theInternational Import Certificate or the Written AssuranceCertificate, the importer shall report the case to the originalcertifying authority (agency) by submitting the originalArticle 10Article 11Article 12International Import Certificate or the Written AssuranceCertificate together with a statement setting forth the reasonsfor failure to effect import.Upon importation of the commodities covered by a validInternational Import Certificate or a Written AssuranceCertificate, unless application for a Delivery VerificationCertificate is required, the importer shall submit to theoriginal certifying authority (agency), for its records, aphotocopy of the International Import Certificate or the WrittenAssurance Certificate and the duplicate of the copy used tocertify the import of the Import Customs Declaration dulyaffixed 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 ofan International Import Certificate or a Written AssuranceCertificate on the import of the Import Customs Declarationduring importation, the importer need not submit the abovedocuments to the original certifying authority (agency).In requesting the customs office to affix its importconfirmation stamp on each page of a complete set of theApplication for Delivery Verification Certificate, the importershall, when declaring the commodities at the customs, submit tothe customs office a complete set of the Application forDelivery Verification Certificate prepared by the importertogether with the original copy and one photocopy of the validInternational Import Certificate or the Written AssuranceCertificate. After verifying the delivery of the importsconcerned, the customs office shall affix its importconfirmation stamp on all pages of the Application for DeliveryVerification Certificate and return the original InternationalImport Certificate or the Written Assurance Certificate to theimporter. In cases where an application for confirmation of import isfiled with the customs office after the commodities have clearedthe customs and are imported, the duplicate (the copy used tocertify the import) of the Import Customs Declaration shall alsobe submitted in addition to the documents set forth in thepreceding Paragraph.In cases where the import commodities covered by either of thepreceding two Paragraphs fall into the category of thecommodities selected by lot for exemption from customsinspection, the customs office may confirm the import thereofbased on examination of the documents submitted.In applying for a Delivery Verification Certificate, theimporter shall file the following documents with the BOFT or theArticle 13Article 14appointed or entrusted government authority (agency): 1. The full application form for Delivery VerificationCertificate duly affixed with the import confirmation stamp ofthe customs office; 2. One photocopy of the International Import Certificate or theWritten Assurance Certificate; 3. Other documents as required in accordance with the applicableregulations. The formats of the Delivery Verification Certificate and theapplication form referred to in the preceding Paragraph shall beprescribed by the BOFT.In the event that an International Import Certificate, a WrittenAssurance Certificate or a Delivery Verification Certificate islost, the importer may request the original certifying authority(agency) to issue a replacement certificate by submitting acomplete set of application materials for a new InternationalImport Certificate, a Written Assurance Certificate or aDelivery Verification Certificate together with a writtenstatement setting forth the cause of loss, the serial number andthe date of issuance of the lost International ImportCertificate, Written Assurance Certificate or DeliveryVerification Certificate.An importer importing strategic high-tech commodities shalleffect the importation thereof in accordance with the contentsset forth in the International Import Certificate or WrittenAssurance Certificate, and unless prior permission has beenobtained from the original certifying authority (agency), nosubstitution of the importer nor re-routing of the commoditiesto a third country or any territory other than the Republic ofChina may be made before such commodities clear customs and areimported into the Republic of China. Where the commodities referred to in the preceding Paragraph aretransferred to a transferee or sold to a domestic purchaserafter being imported, such transfer or sale shall be effectedstrictly in accordance with the terms and conditions previouslymade with respect to purchasing and importing such commodities.If the importer needs to change the declaration of original enduses and end users of the International Import Certificate orWritten Assurance Certificate, the importer shall obtainpermission from the original certifying authority (agency) andsubmit the approved documents issued by the government of theoriginal exporting country or the original exporter. Moreover,the importer or transferor/seller shall notify, in writing, thebuyer or transferee of such terms and conditions and therequired time period the related documents should be retained.Article 15Article 15-1Chapter III - Export ControlFor exportation of strategic high-tech commodities, the exportershall first apply for an export permit (license) with the BOFTor 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 thisexport permit (license). However, under either of the followingconditions, the period of validity may be granted for two (2)years: 1. Exportation to countries belonging to all the fourinternational export control regimes including the WassenaarArrangement, the Missile Technology Control Regime, the NuclearSuppliers Group and the Australia Group. 2. Exportation to a non-restricted area to which the exporterhas, during the last six (6) months, regularly exportedstrategic high-tech commodities to the same country or area andto the same importer for five (5) or more times. If strategic high-tech commodities are to be exported to theUnited States or Japan under either of the circumstances listedbelow, and the exporter has checked that the overseas trader isnot named on the international export control list or theoverseas trader is not named specifically by the competentauthority, the competent authority may not grant an exportpermit: 1. Where the total value (FOB) of the same commodity subject toexport control is less than NTD300,000; 2. Where an exporter, who has implemented the InternalCompliance Program, has been identified by the BOFT (hereafterreferred to as ICP Exporter).An ICP Exporter who wishes to export strategic high-techcommodities may apply for an export permit (license) that isvalid 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 InternalReview to the BOFT by March 31st of each year. If any of the following circumstances apply to the ICP Exporter,the BOFT will nullify the ICP Exporter＊s qualifications andrevoke the export permit referred to in Paragraph 1: 1. Violation of the provisions in the preceding paragraph; 2. Internal control procedures fail to comply with theprovisions of the ICP, and are not rectified within theprescribed period after notification; or 3. Violation of rules governing export of strategic high-techcommodities.Article 16Article 17In applying for an export permit (license) for strategic high-tech commodities, the exporter shall submit the followingdocuments: 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 EndUses, or a Written Assurance Certificate issued by thegovernment of the importing country, or a Written Assurance ofEnd Uses provided by the foreign importer or end user. Theintended end uses and end users must also be truthfullydeclared. 3. Related transaction documents. 4. Other documents as required in accordance with the applicableregulations. Whenever an ICP Exporter applies for a three-year (3) validexport permit (license), if the foreign importer or end user isthe same company as the ICP exporter, or is the controllingcompany, or is the subsidiary company of the ICP exporter, aWritten Assurance of End Uses can be issued by the head officeor controlling company, and the ICP exporter is exempt fromsubmitting the related transaction documents in the precedingitem 3. The exporter shall apply for an export permit (license) withinthe validity period of the International Import Certificate,Certificate of End Uses, or Written Assurance Certificate. If novalidity period is indicated in the Certificate, applicationshall be made within one (1) year from the date of issuance ofsaid Certificate.Where strategic high-tech commodities imported from abroad areto be re-exported, and if a prior approval for such re-exportmust be obtained from the government of the original exportingcountry in accordance with the regulations of that exportingcountry, the re-exporter shall, in addition to complying withthe preceding Article, also submit the document issued by thegovernment of the original exporting country approving theintended re-export. If the strategic high-tech commodities for re-export inaccordance with the preceding Paragraph are to be re-exported inits country of origin, the re-exporter shall also provide theserial number of the International Import Certificate issued bythe Republic of China prior to the import of such commodities orany other documents sufficient to evidence the import of suchcommodities. When an ICP Exporter applies for an export permit (license) thatis valid for 3 years, he/she does not need to submitdocumentation approving intended re-export issued by theArticle 18Article 19government of the original exporting country or importdocuments. However, the exporter should save the documents forlater inspection by the BOFT.If the strategic permit high-tech commodities are to be exportedto a non-restricted area under any of the circumstances listedbelow, the exporter shall submit documents as specified by Items1, 3 and 4 of Paragraph 1 of Article 16 hereof, and othersufficiently supporting documents when applying for an export(license): 1. Where the total value of the same commodity subject to exportcontrol is less than NTD150,000; 2. Where commodities are temporarily exported for exhibition,maintenance service, testing and/or replacement of defective orunacceptable items, and will be re-imported; 3. Where the importer and end user of export commodities is agovernment agency, university or academic institution; 4. Where the original commodities are returned to the exporterof origin; or 5. Where special approval for the export of commodities has beenauthorized by the BOFT. For those commodities referred to in Item 2 of the precedingParagraph, the exporter shall submit to the government authority(agency) that had originally approved the export those documentsverifying the re-import of the commodities to close the casewithin the time limit specified in the original approval. In the event that the commodities exported for exhibition, asreferred to in Item 2 of Paragraph 1, are sold during the periodof exhibition, the exporter shall still submit supplementaldocuments as required under the preceding two Articles; however,such commodities shall not be transported to any restrictedarea(s).Exports of strategic high-tech commodities shall be effected byexporters in accordance with the originally approved contents ofthe respective export permits (licenses). The contents of the export permit may be modified by submittingrelated documents before the expiration date. The name of theapplicant 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 throughthe customs, the exporter shall upon completion of verificationand within one (1) month, after the export of such commodities,proceed to close the export case with the original certifyingauthority (agency). In case the export was effected in severalshipments, the exporter shall proceed to close the export casewith the original certifying authority (agency) within one (1)month after the last shipment. However, licenses applied forArticle 20Article 21Article 22electronically are not subject to restrictions. The format for a strategic high-tech commodities export permit(license) shall be determined by the BOFT.In the event that certain specifically designated strategichigh-tech commodities should be transited or be transshipped viaa commercial port of the Republic of China en-route to certainrestricted areas, the owner of such commodities or a personauthorized by such owner shall obtain permission in advance byapplying to the BOFT or the appointed or entrusted governmentauthority (agency), accompanied by a Permission Certificateissued by the government of the exporting country and a WrittenAssurance of end uses issued by the importing country. For shipping specifically designated strategic high-techcommodities which are stored in bonded warehouses, logisticscenters and free trade ports of the Republic of China to certainrestricted areas, the owner of such commodities or a personauthorized by such owner shall apply to the BOFT for a permit,accompanied by a Permission Certificate issued by the governmentof the exporting country and a Written Assurance of end usesissued by the importing country. After the permit is obtained,the owner or person authorized by the owner may proceed toremove the commodities from the warehouse.Chapter IV - Supplementary ProvisionsExporters/importers exporting/importing strategic high-techcommodities shall retain the relevant documents or material fora period of five (5) years. The certifying authority (agency) or the task force formed underArticle 5 hereof may, as needed for the proper control ofexports/imports, require exporters/importers to provide theirrespective documents or material on exportation/importation andthe eventual movement of such strategic high-tech commodities,and the exporters/importers shall not refuse to comply.These Regulations shall come into force from the date ofpromulgation.Web site：Laws & Regulations Database of The Republic of China (Taiwan)

Regulation Governing Export and Import of Strategic High-Tech Commodities (2017)

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Regulation Governing Export and Import of Strategic High-Tech Commodities (2017)

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