These Regulations are enacted in accordance with Article 34 of the Act Governing Relations between Peoples of the Taiwan Area and the Mainland Area (hereinafter the “Act”).
Individuals, juristic persons, organizations or other institutions of the Taiwan Area, foreign countries, Hong Kong, Macao or the Mainland Area may advertise Mainland Area goods, labor, general services or other matters by broadcasting, publishing, or other sales promotion activities (hereinafter “Advertising Activities”), provided that such Mainland Area good, labor, general services or other matters are permitted by Article 34 of the Act and are not prohibited to be advertised by other laws or regulations. If other laws require that prior approval of the competent authorities be obtained such laws shall still be followed.
If the competent authorities have enacted other regulations regarding advertisements, Advertising Activities concerning Mainland Area goods, labor, general services or other matters shall also comply with such regulations.
Advertising Activities shall comply with laws or regulations governing the following items:
1. Requirements on placing warnings.
2. Limitations on the location or method of placing advertisement materials.
3. Restrictions or designations on the broadcast times of Advertising Activities.
4. Requirements on keeping records of the name, address, telephone number, the national identification number or the business registration number of those obtaining services for Advertising Activities.
5. Other requirements to be complied with pursuant to laws or regulations.
Advertising Activities shall be in traditional Chinese characters, unless simplified characters or labels are originally attached to the Mainland Area goods, labor, general services or other matters.
Advertising Activities for the following items may be carried out in the Taiwan Area:
1. Goods of the Mainland Area permitted to be imported in accordance with the Regulation of the Trade between the Taiwan and Mainland Areas.
2. Mainland Area publications, films, recorded programs or radio or television programs approved by the authorities in accordance with the Regulation of the Publications, Films, Recorded Programs, or Radio or Television Programs from the Mainland Area for Importation into the Taiwan Area or for Distribution, Sale, Production, Broadcast, Display or Showing in the Taiwan Area.
3. Trips to the Mainland Area arranged by travel agencies of the Taiwan Area; for those who have obtained approvals for setting up offices in the Taiwan Area in accordance with the Regulations Governing Permission for Non-Profit-Seeking Legal Persons of the Mainland Area to Set up Offices in the Taiwan Area for Tourism, the business activities being permitted to be operated by such offices.
4. For those who have obtained investment approvals in accordance with the Regulations Governing Permission for People of the Mainland Area to Invest in Taiwan, the business items so approved by the authority in charge as well as those being permitted by the competent authorities pursuant to the relevant laws.
5. For civil air transport business operators in the Mainland Area who have obtained the required approvals for the operation of cross-strait air route in accordance with the Regulations Governing the Approval and Administration of Direct Cross-Strait Air Transport between the Taiwan Area and the Mainland Area, the business activities so approved.
6. Those who have obtained the required approvals for the operation of cross-strait sea transport of passengers or cargos in accordance with the Regulations Governing the Trial Operation of Transportation Links Between Kinmen/Matsu/Penghu and the Mainland Area or the Regulations Governing the Approval and Administration of Direct Cross-Strait Sea Transport Between the Taiwan Area and the Mainland Area may entrust shipping agencies in the Taiwan Area for solicitation of passenger and cargo transport business; for those who have set up branch offices in Taiwan, the business activities so approved to be operated by such branch offices.
7. Other matters permitted by the Act.
Advertising Activities for the following matters shall not be carried out in the Taiwan Area or conducted by way of placement marketing:
1. Soliciting Taiwan Area individuals, juristic persons, organizations or other institutions to invest in the Mainland Area.
2. Development projects and transactions regarding real estate.
3. Marriage referral services.
4. Professional services.
5. Mainland Area goods, labor, general services or other items that are not permitted, or where such permission is later revoked by the competent authorities.
6. Other matters for which Advertising Activities are prohibited by other laws and regulations.
The content of Advertising Activities shall not involve any of the following:
1. Any political propaganda for the Chinese Communist Party.
2. Violation of any current Mainland policy or any law or regulation of the government.
3. Being contrary to the public order or good morals.
The prohibited activities prescribed in the subparagraphs of the preceding paragraph shall not be conducted by way of placement marketing, either.
The term “political propaganda for the Chinese Communist Party” in Subparagraph 1 of Paragraph 2 of Article 34 of the Act shall refer to the contents of Advertising Activities that highlight the symbol, motto, flag, image, or other political representations of the Chinese Communist Party. It shall not, however, include those representations that, given their nature, are inseparable from the components, trademarks or contents of the goods, labor, general services or other matters and that are not intentionally highlighted.
The competent authorities shall have discretion in determining the nature and content of Advertising Activities and whether they violate these Regulations.
The powers and responsibilities of the competent authorities referred to in the preceding Article are set forth in the attached Table.
Where more than one authorities have jurisdiction over advertising activities or the contents thereof, they shall coordinate to select one authority to exercise the consolidated jurisdiction, or the authority having power or responsibility over the main content of the advertising activity shall have the consolidated jurisdiction. The same principle shall apply where the content of several advertising activities are relevant to one another or form an integral part thereof, and a consolidated jurisdiction becomes necessary.
Where the authority having jurisdiction cannot be determined by the preceding Paragraph or no authority recognizes jurisdiction, the Mainland Affairs Council shall determine the authority having jurisdiction by coordination.
In the event the competent authorities have questions regarding how to implement Article 9 of this Regulations, it shall be handled as follows:
1. In the event that the advertising activities or the contents thereof are suspected to be political propaganda for Mainland China or in violation of current Mainland policy, the Mainland Affairs Council shall invite the relevant authorities and, depending on the nature of each individual case, scholars, experts and relevant organizations having expertise in law, advertising, marketing or Mainland affairs to form a review committee to review the circumstances, and forward the recommendation from such review to the competent authority for handling pursuant to its power and responsibility.
2. For circumstances not provided for in the preceding Subparagraph, the competent authorities shall confer with the relevant authorities, scholars, experts or relevant organizations and handle the circumstances pursuant to their respective powers and responsibilities.
The competent authorities may, due to the need for investigating facts and evidence, require those obtaining advertising services, advertising agencies or advertisement producers of Advertising Activities to provide the approval letters, documents, information, and the advertisement objects regarding the goods, labor, general services or other matters of the Mainland Area that have been allowed to enter the Taiwan Area by the authorities.
Where those obtaining advertising services are the overseas subsidiaries or other juristic persons or institutions of Taiwan Area individuals, juristic persons, organizations or other institutions, the competent authorities may require such Taiwan Area individuals, juristic persons, organizations or other institutions to provide the relevant approval letters, documents, information, or advertisement materials.
Article 89 of the Act shall be applied to the following situations:
1. Advertising in the Taiwan Area by broadcasting, publishing, or other sales promotion activities concerning Mainland Area goods, labor, services or other items that falls outside the scope of Paragraph 1, Article 34 of the Act; or hiring others or being hired to perform the said activities.
2. The contents of Advertising Activities that violate Paragraph 2 of Article 34 of the Act.
3. Advertising Activities that violate the mandatory or prescriptive provisions of these Regulations.
The aforementioned advertisements, regardless of ownership or possession, may be confiscated by the competent authorities in accordance with Paragraph 2 of Article 89 of the Act.
These Regulations shall take effect from of December 31st, 2003.
The amendments to the Regulations shall take effect on the date of promulgation.