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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 15:34
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Chapter Law Content

Chapter 3 Import
Article 6
CTRFDs shall be approved prior to being imported. However, any of the following circumstances shall be considered as not imported:
1. Domestic manufacturing that is re-imported(returned)and imported after export.
2. Imported from abroad to the business within the tax-free processing export zone approved by the government, to the business within the bonded area of the science and industrial park, to the business within the bonded area of the agricultural science and technology park, to the port area business in the free trade port area, and to the bonded factories, bonded warehouses, logistics centers and outlying island duty-free shopping stores managed by customs.
CTRFD entering other areas of the Republic of China(Taiwan)from the businesses, factories, warehouses, logistics centers, and duty-free shopping stores listed in subparagraph 2 of the preceding Paragraph shall be handled in accordance with Article 7 or Article 8. However, this shall not apply to those that have been verified and certified.
Article 7
Applicants that apply for the import of Class 1 CTRFDs shall attach Application for CTRFD Import Permit(Table 2)and related documents(Table 3)for the import approval certificate of CTRFD according to their use and shall apply to the competent authority for the import approval certificate:
1. CTRFDs necessary for establishing public telecommunications, dedicated telecommunications or amateur radio stations.
2. CTRFDs for foreign ships or ships for export.
3. CTRFDs for research and development, testing or demonstration.
4. Non-domestic-manufactured CTRFD that will be re-imported(returned)after export.
5. CTRFDs for inspection, importing less than ten models of the same brand.
6. CTRFDs exclusively for export after processing, maintenance or assembly.
7. One or two mobile amateur radio stations for personal use.
8. CTRFDs specified in the project approval document.
Those that apply for the import approval certificate of subparagraph 1, 2, 3, and 8 of the preceding Paragraph shall do so online; submitting the following document certificates or official letters shall exempt the applicant from attaching the relevant documents in Table 3:
1. The official letter number of the approval document for the network establishment plan, the approval document for establishment of radio station, the approval document for the establishment of radio station installation, and approval for other telecommunications network projects.
2. The official letter of the project approval.
Article 8
Applicants that apply for the import of Class 2 CTRFDs shall attach Application for CTRFD Import Permit(Table 4)and related documents(Table 5)for the import approval certificate of CTRFD according to their use and shall apply to the competent authority for the import approval certificate:
1. Mobile satellite earth stations for telecommunication services or fixed satellite earth stations with antenna diameters less than three meters.
2. Non-domestic-manufactured CTRFDs that will be re-imported(returned)after export.
3. CTRFDs for inspection, each imported with less than ten models of the same brand.
4. CTRFDs for research and development, testing or demonstration.
5. CTRFDs exclusively for export after processing, maintenance or assembly.
6. Except for mobile satellite earth stations and fixed satellite earth stations with antenna diameters less than three meters, wireless telecommunication terminal equipment or low-power radio frequency equipment for personal use.
7. CTRFDs specified in the project approval document.
The devices in subparagraph 6 of the preceding Paragraph shall be for the applicant’s own use only, and cannot be transferred or used for other commercial purposes. The import quantity shall be limited to as follows:
1. Those that bring in by themselves: no less than six and no more than ten.
2. Those that send in by mail: no less than three and no more than ten.
3. For the same natural person or judicial person, the number shall be limited to ten within one year. Among them, natural persons must be over 18 years old.
The import quantity in the subparagraph 6, Paragraph 1 can be imported for personal use with an Affidavit, and the import approval certificate shall be exempt:
1. For those that bring in devices by themselves: no more than five devices at a time.
2. For those who send in by mail or by other non-self-carrying methods: no more than two devices.
3. For the same natural person or judicial person, the number shall be limited to ten within one year. Among them, natural persons must be over 18 years old.
Article 8-1
Those that have obtained a certificate of special permit number for importing controlled telecommunication radio-frequency devices(hereinafter referred to as the certificate of special permit number)may import Class 2 CTRFDs for research, development and testing purposes.
The certificate of special permit number shall be valid for two years and shall be divided into five levels according to the allowed number of imports as follows:
1. Level 1 certificate of special permit number: More than 2,000 imports within the validity of the certificate of special permit number;
2. Level 2 certificate of special permit number: Between 1,000 and 2,000 imports within the validity of the certificate of special permit number;
3. Level 3 certificate of special permit number: Between 500 and 1,000 imports within the validity of the certificate of special permit number;
4. Level 4 certificate of special permit number: Between 250 and 500 imports within the validity of the certificate of special permit number;
5. Level 5 certificate of special permit number: Less than 250 imports within the validity of the certificate of special permit number.
With respect to CTRFDs that are imported in accordance with Paragraph 1, the number of imported devices of the same models shall be limited to 750 only and the entity that acquires the certificate of special permit number shall be liable for the safekeeping of devices.
The competent authority may, on a random basis, dispatch personnel to inspect the use and status of CTRFDs imported in accordance with Paragraph 1.
Article 8-2
Those that comply with provisions specified in the following subparagraphs may select one of the five levels prescribed in Paragraph 2 of Article 8-1 and apply for a certificate of special permit number to the competent authority:
1. During the most recent two years, have obtained more than 50 import approval numbers from the competent authority each year on average; or, during the most recent two years, has been recognized by the Ministry of Economic Affairs as an excellent manufacturer and have obtained more than 30 import approval numbers from the competent authority each year on average.
2. During the most recent two years, have not been subject to punitive measures by the competent authority due to the violation of Paragraph 1 or 2 of Article 18.
Those that obtained the certificate of special permit number and comply with provisions of the following subparagraphs may, within two months from the three months prior to the expiry of the certificate, apply for reissuing the certificate of special permit number to the competent authority:
1. Devices imported during the validity of the certificate of special permit number over the last four years have been well-managed internally without any incidents of missing or stolen items.
2. According to the inspection conducted by the competent authority in accordance with Paragraph 4 of Article 8-1, all devices are within the office or factory location. Nevertheless, this shall not apply to the condition where the devices have been re-exported and the applicant provides a photocopy of customs export certificate or the evidence of re-export.
Those that apply for a certificate of special permit number shall submit the following documents to the competent authority:
1. Device management plan
2. A list of import approval certificates issued by the competent authority during the most recent two years and documents that prove the competent authority agreed to remove the device control; or the management records of devices imported in accordance with Paragraph 1 of Article 8-1 during the validity of certificate of special permit number during the most recent four years(including the item name, quantity, use and direction of flow).
3. A list of testing personnel of the applicant, research plan, records or reports of the previous year demonstrating the research and development and testing capacity of the applicant.
Article 8-3
Where those that obtained a certificate of special permit number in accordance with Article 8-2 fall under any of the following circumstances, the competent authority may abolish the certificate thereof:
1. The management status of the device differs from the management plan proposed during an inspection conducted by the competent authority in accordance with Paragraph 4 of Article 8-1.
2. A penalty has been imposed thereon by the competent authority in accordance with Subparagraph 6 of Paragraph1 of Article 80 of the Regulations.
Manufacturers whose certificate has been abolished by the competent authority in accordance with the preceding paragraph shall, within two years upon the abolishment date, re-export the CTRFD imported with the certificate or apply for destruction to the competent authority.
Manufacturers whose certificate has been abolished by the competent authority in accordance with Paragraph 1 shall not apply for a certificate of special permit number within three years upon the abolishment date.
Article 9
When importing wireless telecommunication terminal equipment, low-power radio frequency equipment or amateur radio stations that have passed the inspection, the import may be processed with the verification certificate.
Article 10
Those CTRFDs applicable to temporary customs clearance regulations for goods, after having been approved for import by the competent authority may be exempt from applying for an import approval certificate, and shall be re-exported within the prescribed time limit in accordance with relevant provisions of temporary clearance.
Article 11
When a ship or aircraft carries imports from overseas, the CTRFD installed in the vessel shall be exempt from applying for an import approval certificate, but should apply for a radio station license in accordance with relevant laws and regulations.
Article 11-1
Foreign nationals that have obtained visa-free entry or possess a diplomatic visa, courtesy visa or visitor visa shall be eligible to import a mobile satellite earth station for private use without applying for an import approval certificate.
The foreign national prescribed in the preceding paragraph shall be eligible to import only one mobile satellite earth station for private use.
Article 12
When an applicant applies for an import approval certificate, if the validity period specified in the approved network setting approval document, radio station setting approval document or the project approval document differ, they shall be applied for separately.
Article 13
The validity period of the import approval certificate shall be one year, and each certificate shall be limited to one use. If necessary, an extension can be applied for one year prior to the expiration of the period, and the extension shall be limited to once only. However, the validity period of the import approval certificate shall not exceed the validity period of the installation permit or related approval documents.
Should the import approval certificate be lost of misplaced, the application form shall be submitted to competent authority for re-issuance.
When the information of import approval certificate is changed, the application form shall be submitted for replacement.
Article 13-1
The special code for radio-frequency devices as exemption from import approval certificate shall be announced by the competent authority separately.
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