Chapter 5 Re-export, Sealing, Destruction under Surveillance, and Cancellation of Listed Management
Article 17
If the applicant applies for import approval with a radio station installation license, network installation plan approval document or radio station installation approval document, but fails to obtain a radio station license or complete the installation within the prescribed period, the applicant shall re-export the devices prior to the expiration of the period or handle in accordance with Article 19.
For devices imported with project approval documents in accordance with subparagraph 1, 3 or 8, Paragraph 1, Article 7, the applicant shall re-export the imported CTRFD or apply for destruction under surveillance prior to the expiration of the period specified in the approval document. If necessary, the applicant may apply for an extension with a written statement stating the reasons within 30 days prior to the expiration of the prescribed period. The extension period shall be limited to two years and be granted a maximum of two times.
For devices imported in accordance with subparagraph 5 or 6, Paragraph 1, Article 7, the applicant shall re-export the imported CTRFD or apply for destruction under surveillance prior to the expiration of the valid period in the import approval certificate. If necessary, the applicant may apply for an extension with a written statement stating the reasons within 30 days prior to the expiration of the prescribed period. The extension period shall be limited to two years and be granted a maximum of two times.
When any of the following circumstances occurs in the preceding two Paragraphs, the re-export of imported CTRFD or application for destruction under surveillance of competent authority shall be exempt:
1. The Class 1 CTRFD that has obtained the approval document for the network establishment, station establishment or a station license, and has submitted a report to the competent authority for reference.
2. It has been deemed necessary by the competent authority after reviewing the device use and management plan of the applicant and there are no concerns pertaining to radio wave interference.
For the device imported in accordance with subparagraph 7, Paragraph 1 of Article 7, the applicant shall not transfer it or use it for other commercial purposes, and shall obtain a mobile amateur radio license within six months from the date of issuance of the import approval certificate. If the applicant fails to obtain a license within six months from the date of issuance of the import approval certificate, the imported CTRFD shall be re-exported or reported to the competent authority for destruction under surveillance. If necessary, the applicant may apply for an extension with a written statement stating the reasons within 30 days before the expiration of the prescribed period. The extension period shall be six months and granted only once.
Article 18
For devices imported in accordance with subparagraph 3 to 5, Paragraph 1 of Article 8, the applicant shall re-export the imported CTRFD or apply for destruction under surveillance prior to the expiration of the period in the import approval certificate. If necessary, the applicant may destroy it by themselves and submit a record of the destruction process to the competent authority for reference.
For devices imported in accordance with subparagraph 7, Paragraph 1, Article 8, the applicant shall re-export the imported CTRFD or apply for destruction under surveillance prior to the expiration of the period in the import approval certificate. If necessary, the applicant may destroy it by themselves and submit a record of the destruction process to the competent authority for reference.
The applicant may apply for an extension with a written statement stating the reasons within 30 days before the expiration of the period in preceding two Paragraphs. The extension period shall be two years at most and granted a maximum of two times.
The re-export of imported CTRFD or application for destruction under surveillance of competent authority or self-destruction shall be exempt in any of the following circumstances:
1. The CTRFD has obtained certification and has been reported to the competent authority for reference.
2. The competent authority has deemed it unnecessary after reviewing the device use and management plan of the applicant and there are no concerns pertaining to radio wave interference.
For the imported Class 2 CTRFD approved by the competent authority for the project approval that has not been verified and certificated, its replacement, suspension of use or transfer to a third party shall be approved by the competent authority.
Article 19
When the Class 1 CTRFD is damaged, replaced or its use has terminated, unless otherwise specified in these Regulations, the owner of the equipment shall immediately file a report to the competent authority to seal up or destroy the device. However, if the owner of the equipment is unknown, it may be sealed up or directly destroyed by the competent authority.
Within three months prior to the expiration of the sealing up period mentioned in the preceding paragraph, the owner of the device may apply for an extension with a written statement of reasons, and the extension shall be limited to three years.
When the competent authority is aware that a CTRFD that should be sealed up or destroyed in the Paragraph 1, it may voluntarily send personnel to seal it up or destroy it.
The competent authority may send personnel to inspect the sealed CTRFD periodically.
The CTRFD replaced or terminated for use may be transferred to a third party.
Except as otherwise provided in these Regulations, for the temporarily suspended Class 1 CTRFD, if the owner of the device does not seal up or destroy it, a designated person shall be assigned to list and manage the quantity and location of the device, and report to the competent authority for reference. The competent authority may send personnel to inspect the device periodically.
Radio stations on the ship or aircraft in any of the following circumstances may not be sealed up or destroyed after being reported to the competent authority for reference:
1. Ship radio stations are destroyed or transferred abroad, or exported abroad with the hull.
2. The aircraft radio station is damaged, replaced, terminated for use or is exported abroad with the aircraft.
Amateur radio stations that have passed the type certification do not need to report, sealing up, destruction under surveillance, or list management by a designated person when they are destroyed, replaced, terminated or suspended of use.
Article 20
Anyone that re-exports CTRFD in accordance with the provisions of these Regulations shall attach one of the following documents after the equipment is exported, and report to the competent authority to remove the control:
1. A photocopy of the customs export certificate or other documents that can prove re-export.
2. A photocopy of the foreign ship’s registration certificate or domestic invoice.
Article 21
When the CTRFD that should be sealed up, destroyed under surveillance, destroyed by the owner or re-exported becomes misplaced or stolen, the owner of the equipment shall immediately submit the certification documents issued by the police agency or an affidavit made by him/her/itself and apply to the competent authority to release the control management.
Article 22
Those who hold Personal Locator Beacon(PLB)equipment for use shall register the equipment identification code, personal and emergency contact number and other information with the Marine Port Bureau of MOTC. The same applies when the equipment is damaged, replaced or terminated, or when the login information changes.
Holders of PLB shall provide the equipment identification code and personal data for the search and rescue agency to make records and notify the competent authority if they have been found by the Marine Port Bureau of MOTC or the search and rescue agency that they have not registered in accordance with the provisions of the preceding Paragraph; and the holder must complete the registration prior to its use is continued.