These Regulations are enacted pursuant to paragraph 5 of Article 9 of the Foreign Trade Law.
Except where other prohibitions or restrictions apply, a company or firm that engages in export/import business shall apply, in accordance with these Regulations, to the International Trade Administration (hereafter referred to as “TITA”) of the Ministry of Economic Affairs for registration as an exporter/importer.
Application for review of English name availability and registration as an exporter/importer must be made by electronic transmission. If the computer systems of the TITA malfunction, the application shall be done either by original hard copy, fax or e-mail.
The English name for which the registration is being applied shall consist of the primary name and indicate the type of company it is. The English name of a branch of a foreign company must indicate the foreign company's national origin and the name of the branch.
The name for which the registration is being applied shall not indicate or suggest that the firm is engaged in areas of business other than those indicated on the registration of the company or business.
The English name shall not be indicated in such a way that it may likely cause confusion with or show similarity to that of any government agencies or non-profit organizations.
The English name of an exporter/importer shall not be identical to the English name of another exporter/importer, either existing or whose registration has been canceled, revoked or abolished by the TITA within the last two (2) years, unless special approval is granted by the TITA based on justifiable reasons or if the English name of a Taiwan branch of a foreign company is the same as the name of the foreign company and the said name indicates both the foreign company's national origin and the English name of the Taiwan branch of that company.
Whether the English name of an exporter/importer is identical shall be determined by examining the primary name; if the primary name is different, then the English name shall be deemed different.
When examining the English name of an exporter/importer, if its key words indicate a different type of business or distinguishable words are different, then its English name shall be deemed different.
The distinguishable words referred to in the previous paragraph do not include English articles (e.g., “a,” “an,” or “the”), abbreviations, spaces, symbols, different lowercase or uppercase letters, or different corporate designations (e.g., “Inc.,” “Co.,”etc.).
The TITA has made the following information regarding registration as an exporter/importer publicly available on its website:
1. Chinese and English names
2. address in Chinese and English
3. name of representative or person in charge
4. export/import qualifications
An exporter/importer accessing the following information can also log on to the TITA website for:
1. telephone and fax numbers
2. website address
3. e-mail address
4. exported/imported products
5. other information about commercial trade matters
When an exporter/importer changes the business account number, Chinese name, organization, representative, person in charge, or address of the company or firm in accordance with the relevant laws and regulations, the TITA will change its exporter/importer registration data based on the information provided by the company or the competent authority for business registration.
When an exporter/importer applies to change the English name on the registration, the provisions in Article 3 shall apply mutatis mutandis.
An exporter/importer may continue to operate an export/import business only after he/she has completed the process of changing the registration as set forth in the previous paragraph.
After registration as an exporter/importer, the TITA may revoke the said registration for either of the following reasons:
1. The exporter/importer has applied to the TITA for cancellation of registration.
2. The exporter/importer, after changing the business operations of a company or firm, continues to engage in exporting/importing, shall be deemed in violation of prohibition or restriction regulations.
Due to business needs, an exporter/importer may apply to the TITA for an exporter/importer registration certificate.
The various documents referred to in these Regulations may be submitted electronically in accordance with the Electronic Signature Law.
Pursuant to paragraph 2 of Article 10 of the Foreign Trade Law, a juristic person or an organization applying for registration as an exporter/importer shall attach the following documentation with the said application: a juristic person registration certificate, a cooperative association certificate, and any other trade-related legal certificates issued by the competent authorities.
When the juristic person or organization in the previous paragraph applies for registration as an exporter/importer, the procedural provisions for registering, changing registration, using an English name, or complying with any other stipulations in these Regulations shall apply mutatis mutandis.
These Regulations shall enter into force from the date of promulgation.
The articles of these Regulations which were amended on November 1, 2018 shall have entered into force on November 1, 2018.