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Title: Regulations Governing Registration of Exporters and Importers CH
Amended Date: 2018-11-01
Category: Ministry of Economic Affairs(經濟部)
Article 1
These Regulations are enacted pursuant to Paragraph 5, Article 9 of the Foreign Trade Law.
Article 2
Except where other prohibitions or restrictions apply, a company or firm that engages in export/import business may apply, in accordance with the standard procedures, to the Bureau of Foreign Trade (hereafter referred to as “BOFT”) of the Ministry of Economic Affairs for registration as an exporter/importer.
Article 3
Application for an approved English name of the company shall be made either by original hard copy, facsimile or e-transmission.
Article 4
The name for which the registration is being applied shall consist of the primary name together with the type of company; the English name of the branch of a foreign company must indicate both the foreign company's national origin and the fact that it is a branch of that company.
The name for which the registration is being applied may not indicate or suggest that the firm is engaged in areas of business other than those indicated on the firm's Profit-seeking Enterprise Registration Certificate.
The English name shall not be indicated in such a way that it may cause likelihood of confusion with or similarity to that of any government agencies or non-profit organizations.
Article 5
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 BOFT within the last two (2) years, unless special approval is obtained from the BOFT based on justifiable reasons or if the English name of a 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 fact that it is a branch of that company. [For example, ABC Company, Taipei Branch (USA)]
Article 5-1
Whether the English name of an exporter/importer is identical, shall be determined by examining the main name; if the main name is different, then the English name is 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 is considered to be different.
The distinguishable words referred to in the previous paragraph do not include: a common business word; an English article; an abbreviated word; a space or spaces; a symbol or symbols; or the use of: a plural rather than a singular noun; a different part of speech of a word with the same root; different lowercase or uppercase letters; a different corporate form designation like “Inc.”, “Co.”, etc.; or if they differ because the English name adds, replaces or removes a place name that is not found in its registered Chinese name.
The “common business word” referred to in the previous paragraph is any one of the following: enterprise, industry, export, import, trade, business, commerce, international, manufacturing, or group.
Article 6
(Deleted)
Article 7
When applying for registration as exporter/importer, the application form shall be submitted either by original hard copy, facsimile or e-transmission.
Article 7-1
The BOFT has made the following information regarding registration of exporters/importers publically available on its website:
1. Chinese and English names
2. Business address in Chinese and English
3. Name of representative or person in charge
4. Telephone and fax numbers
5. Export/import qualifications
Exporters/importers accessing the following information can log themselves in on the aforementioned BOFT website:
1. Website address
2. Email address
3. Exported/imported products
4. Other information to help with commercial trade matters
Article 8
An exporter/importer that undergoes a merger, change of Chinese or English name, organization, representative, or place of operation shall submit relevant documents to the BOFT to effect the change of registration.
The exporter/importer may continue to operate an export/import business only after it has completed the process of changing its registration as set forth in the previous paragraph.
Article 8-1
After registration as an exporter/importer, the BOFT may revoke the said registration for either of the following circumstances:
1. Exporter/importer has applied to the BOFT for cancellation of registration.
2. Exporter/importer who, after changing the business items of a company or firm, continues to engage in exporting/importing, will be deemed in violation of prohibition or restriction regulations.
Article 9
Due to business needs, exporter/importer may apply to the BOFT for an exporter/importer registration certificate.
Article 10
The various documents referred to in these Regulations may be sent electronically in accordance with the Electronic Signature Law.
Article 10-1
Pursuant to Paragraph 2, Article 10, of these Regulations, those applying for registration as exporters/importers shall attach the following items with the said application: a corporate registration certificate, a cooperative association certificate and any other trade-related legal certificates issued by the competent authorities.
Individuals or organizations that have previously applied for registration as exporters/importers must be prepared to use this procedure to re-register, change registration, use an English name, or comply with any other binding regulations.
Article 11
These Regulations shall come into force from the date of promulgation.
The articles of these regulations which were amended on November 1, 2018 shall come into force on November 1, 2018.