Chapter 7 Penalty Provisions
Article 38-2
Anyone who engages in stealing, damaging, or using other unlawful means to jeopardize the proper functioning of oil distillation, refining, and blending equipment of the oil refinery, or oil pipelines and oil storage facilities of oil refinery and importer shall be sentenced to imprisonment for a term of not less than 1 years and not more than 7 years, and may also be fined up to NT$ 10,000,000.
Those who commit the offenses specified in the preceding paragraph with the intent to harm national security or social stability shall be sentenced to imprisonment for a term of not less than 3 years and not more than 10 years, and may also be fined up to NT$ 50,000,000.
If the offenses specified in the preceding two paragraphs result in disasters or impact the order of oil production and sales, the punishment shall be increased by half; if the offenses result in death, the offender shall be sentenced to life imprisonment or imprisonment for a term of not less than 7 years, and may also be fined up to NT$ 100,000,000; if the offenses result in serious injury, the offender shall be sentenced to imprisonment for a term of not less than 5 years and not more than 12 years, and may also be fined up to NT$ 80,000,000.
Attempted offenses under paragraph 1 and 2 shall be subject to punishment.
Article 38-3
Anyone who, by any of the following methods, jeopardizes the proper functioning of the core information and communication system of the facilities specified in paragraph 1 of the preceding article shall be subject to imprisonment for a term of not less than 1 years and not more than 7 years, and may also be fined up to NT$ 10,000,000:
1.Unjustifiably intrude into others’ computer or related equipment by entering others’ account username and password, cracking computer security measures, or exploiting computer system vulnerabilities.
2.Unjustifiably interferes with others’ computer or related equipment by using computer programs or other electromagnetic methods.
3.Unjustifiably obtains, deletes, or alters electromagnetic records of others’ computer or related equipment.
Producing computer programs specifically intended for committing the offenses specified in the preceding paragraph and providing such programs to oneself or others for committing the offenses specified in the preceding paragraph shall be subject to the same punishment.
Those who commit the offenses specified in the preceding two paragraphs with the intent to harm national security or social stability shall be sentenced to imprisonment for a term of not less than 3 years and not more than 10 years, and may also be fined up to NT$ 50,000,000.
If the offenses specified in the preceding three paragraphs result in disasters or impact the order of oil production and sales, the punishment shall be increased by half; if the offenses result in death, the offender shall be sentenced to life imprisonment or imprisonment for a term of not less than 7 years, and may also be fined up to NT$ 100,000,000; if the offenses result in serious injury, the offender shall be sentenced to imprisonment for a term of not less than 5 years and not more than 12 years, and may also be fined up to NT$ 80,000,000.
Attempted offenses under paragraph 1 to 3 shall be subject to punishment.
Article 39
A business in any of the following situations will be fined a minimum of NT$2,000,000 and a maximum of NT$10,000,000:
1.In violation of the provisions specified in the first paragraph of Article 6 herein (i.e., failing to obtain an oil refinery operation license while conducting oil distillation, refining, or blending other than for the purpose of a trial run).
2.In violation of provisions specified in Article 10 herein (i.e., failing to obtain an oil import operation license) and in violation of Articles 12 or 13 herein (i.e., failing to acquire a special permit for oil imports) while conducting oil imports.
Oil distilled, refined, blended, or imported as described in the preceding paragraph will be confiscated.
If any of the violations described in the first paragraph results in public endangerment, the offender will be sentenced to a maximum of three years imprisonment or detention and/or be fined a minimum of NT$1,000,000 and a maximum of NT$5,000,000.
If the offender of the preceding paragraph is a corporate person, its acting responsible person will be punished and the corporate person itself will also be subjected to the fine prescribed in the preceding paragraph.
Article 40
A business in any of the following situations shall be fined a minimum of NT$1,000,000 and a maximum of NT$5,000,000:
1.In violation of the provisions specified in the second paragraph of Article 16 herein (i.e., engaging in the gasoline or diesel oil wholesale business without registering with the competent authority).
2.In violation of provisions specified in the first or second paragraph of Article 17 herein (i.e., engaging in retailing of gasoline, diesel oil, or LPG for vehicle use).
3.In violation of provisions specified in the first paragraph of Article 18 (i.e., setting up an oil (LPG) filling or storage facility for private use without first acquiring a permit).
4.In violation of provisions specified in the first paragraph of Article 33 (i.e., by failing to acquire permission for the installation of an oil storage facility).
Petroleum products (for sale or private use), oil or LPG filling and storage facilities and other items used in the violations of the preceding paragraph will be confiscated.
In the event any of the violations described in the first paragraph results in public endangerment, the offender will be sentenced to a maximum of two years of imprisonment or detention and/or fined a minimum of NT$600,000 and a maximum of NT$3,000,000.
In the event the offender mentioned in the preceding paragraph is a corporate person, its acting responsible person will be punished and the corporate person itself will also be subjected to the fine prescribed in the preceding paragraph.
Article 41
A business failing to store a security stockpile or failing to store the required amount as specified in Article 24 herein will be fined a minimum of NT$2,000,000 and a maximum of NT$10,000,000. Furthermore, the business will be ordered to take remedial actions by a prescribed deadline. Any business failing to comply by the deadline will be penalized consecutively until satisfactory corrective actions are taken. If the offense is of a serious nature (see Article 49 herein) or repeated offenses against the some provision occur within six months after the business has taken remedial actions, the business may be ordered to suspend operations for a maximum of three months or it may have its operation license revoked.
Article 42
Offenders of the provisions stipulated in the bill on controlling oil in emergency periods as described in the second paragraph of Article 21 herein and those failing to take the remedial actions of the second paragraph of Article 32 herein by a prescribed deadline will be fined a minimum of NT$2,000,000 and a maximum of NT$10,000,000. If the offense is of a serious nature (see Article 49 herein), the business may be ordered to suspend operations for a maximum three months, or it may have its operation license revoked, or it may be ordered to close.
Article 43
A violation of the first paragraph of Article 26 herein (i.e., a business fails to obtain prior approval for the disposal of their security stockpile) will result in the responsible person of the business being fined a minimum of NT$1,000,000 and a maximum of NT$5,000,000.
Article 44
A licensed oil importer who violates Article 11 herein (i.e., importing types of oil not permitted for import) will be fined a minimum of NT$1,000,000 and a maximum of NT$5,000,000. If the offense is of a serious nature (see Article 49 herein), the business may be ordered to suspend operations for a maximum three months, or it may have its operation license revoked.
Oil imported in violation of Article 11 will be confiscated.
Article 45
Any of the following offenses will result in a minimum fine of NT$1,000,000 and a maximum fine of NT$5,000,000:
1. A petrochemical feedstock manufacturer violating the first paragraph of Article 12 herein (i.e., using imported petroleum products for purposes other than private use).
2. A violation of the third paragraph of Article 14 herein (i.e., supplying gasoline, diesel oil, or LPG to gasoline or LPG filling operators that are known or should have been known to be running illegal gasoline or LPG stations, or to illegal private oil or LPG filling or storage facilities).
3. An oil or non-oil business violating the fourth paragraph of Article 14 (i.e., selling solvent oil, lubricants, or other volatile hydrocarbon compounds as fuels for motor vehicles and machinery).
Any petroleum products being used or to be used in the aforesaid offenses will be confiscated.
Article 46
Businesses importing or selling petroleum products that do not meet national standards as described in the first paragraph of Article 29 herein will be fined a minimum of NT$200,000 and a maximum of NT$1,000,000. Such businesses will also be ordered to take remedial actions by a prescribed deadline. Any business failing to comply by the deadline will be fined consecutively until satisfactory corrective actions are taken. If the offense is of a serious nature (see Article 49 herein) or repeated offenses against the same provision occur within six months after the business has taken remedial actions, the business may be ordered to suspend operations for a maximum of three months or it may have its operation license revoked.
The aforesaid petroleum products that fail to be upgraded to national standards of quality will be confiscated.
Article 47
Any of the following offenses will result in a minimum fine of NT$100,000 and a maximum fine of NT$500,000. Furthermore, the offender will be ordered to take remedial actions by a prescribed deadline. Any offender failing to comply by the deadline will be penalized consecutively until satisfactory corrective actions are taken.
1. An oil refinery operator who in violation of the first paragraph of Article 7 herein does not obtain prior approval or does not change its operation license before expanding or reconstructing its distillation, refining, or blending facilities.
2. A violation of the first paragraph of Article 15 herein (i.e., exporting oil without registering with the central competent authorities as an oil exporter).
3. Any business that engage in the gasoline station, LPG station or a fishing boat filling station violated the regulations of third paragraph of Article 17 herein pertaining to related equipment (facility) or operation management of setting up a gasoline station, a LPG station, or a fishing boat filling station.
4. Any business that approved to set up oil or LPG filling or storage facilities for private use violated the regulations of the second paragraph of Article 18 herein pertaining to the using permit(s), equipment (facility) standard, reliability insurance or using management of setting up oil or LPG filling or storage facilities for private use.
5. A violation of the related regulations of setup permit(s), using permit(s), equipment (facility) standard(s), liability insurance, or using management that stated in Article 19 herein pertaining to the rules governing the administration of fuel or LPG storage and refilling facilities at air terminals, commercial ports, and industrial ports
6. A violation of the Article 19-1 herein. (i.e., LPG distributors, LPG packing companies, and LPG retailers failing to report information of supply and sales of LPG, the preparation and filling of LPG, the acceptable range of error on LPG weight, the display of retail price, and other regulations that should be followed.)
7. A violation of the first paragraph of Article 22 herein (i.e., oil refinery business, oil import business, oil export business, gasoline and diesel oil wholesalers, gasoline stations, LPG stations, fishing boat filling stations, oil or LPG storage and refilling facilities of air terminals, commercial ports, and industrial ports failing to obtain public liability insurance coverage and accidental contamination liability insurance).
8. Oil or LPG filling or storage facilities installed for private use that meet the criteria set by the central competent authority failing to obtain public liability insurance or accidental contamination liability insurance as required by the first paragraph of Article 22 herein.
9. Not filing periodic reports as required by Article 27 herein or filing a false report.
10. A violation of any of the provisions specified in the first paragraph of Article 32 herein pertaining to laying pipelines.
11. Any oil business that approved to set up the oil storage facility violated the rules governing the setup of oil storage facilities as specified in the first paragraph of Article 33 herein pertaining to the using permit(s), equipment (facility) standard or using management.
12. A violation of the measures for applying for the approval of operation as specified in the first paragraph of Article 38, or in the third paragraph herein pertaining to the operation application, data registration, quality standard, purpose restriction or other.
13. A violation of the blending ratio of alcohol and ester to gasoline and diesel, the actual implementing schedule, scope and method as specified in the second paragraph of Article 38-1.
14. A violation of the fourth or tenth paragraphs of Article 52 herein (i.e., oil refinery operators designated by the competent authority may not refuse to negotiate for the purchase of detained oil products).
Furthermore, if a violation of Items 1, 3, 5, 6, 7, 9, 10, 12(posterior segment), 13, 14 is committed and it is of a serious nature, the business may be or ordered to suspend operations for a maximum of three months, it may have its operation license revoked, or it may be ordered to close down. Moreover, if a violation of aforesaid Items 4, 8, or 11 occurs and it is of a serious nature, the violator may be ordered to stop using its facility for a maximum of three months, it may be ordered to close down, or terminate the permission(s) they had. Finally, if a violation of Items 2 or 12 (anterior segment), the violator may be ordered to close down.
Article 48
Any of the following offenses will result in a fine of a minimum of NT$100,000 and a maximum of NT$500,000. If a business commits an offense of a serious nature (see Article 49 herein), the business may be ordered to suspend operations for a maximum three months, or it may have its operation license revoked, or it may be ordered to close.
1.A violation of the first paragraph of Article 14 (i.e., supplying crude oil to businesses or individuals that do not have permission to receive crude oil).
2.A violation of the second paragraph of Article 14 (i.e., supplying naphtha to businesses or individuals that do not have permission to receive naphtha).
3.A violation of the first paragraph of Article 20 (i.e., selling oil illegally imported or illegally refined domestically).
4.A violation of the first paragraph of Article 28 or the second paragraph of Article 29 (i.e., failing to make business reports as required or obstructing, refusing, or evading an inspection by the competent authorities).
Article 49
The offenses of a serious nature in Articles 41, 42, 44, and 46-48 are offenses specified in this Law and in any of the following conditions:
1.An offense that results in public endangerment.
2.An offense evidenced by the facts as being unable to be rectified within ninety (90) days.
3.An offense that occurs three or more times in one year.
4.An offense that results in punishments six times or more cumulatively in one year.
5.Illegal producing, importing, or selling that involves more than 200 kiloliters of petroleum products in a single incidence of offense.
Article 50
Any of the following offenses will result in a fine of a minimum of NT$100,000 and a maximum of NT$500,000:
1.A violation of the second paragraph of Article 12 herein (i.e., selling petroleum by-products to businesses or individuals other than oil refinery operators).
2.A violation of the third paragraph of Article 12 herein (i.e., failing to register to export oil with the authorities concerned as required by Article 15 herein).
3.A violation of the fifth paragraph of Article 12 herein (i.e., failing to file in time or filing a false report on the import of solvent oil or lubricants).
4.A violation of the second and third paragraphs of Article 28 herein (i.e., obstructing, refusing, or evading an inspection).
5.A violation of the second paragraph of Article 33 herein (i.e., failing to ask an inspection institution sanctioned by the central competent authority to conduct an inspection and to prepare records) or a violation of the third paragraph of Article 33 herein (i.e., failing to keep the records for a minimum of five years).
6.A violation of Item 2 of the first paragraph of Article 35 (i.e., producing oil or selling oil to oil refinery operators without paying the required fees into the Petroleum Fund).
7.A violation of Item 3 of the first paragraph of Article 35 (i.e., selling petroleum by-products to oil refinery operators without paying the required fees into the Petroleum Fund).
Article 51
Gasoline stations that do not join their local gasoline station commercial association (pursuant to the fifth paragraph of Article 17) within one month after beginning business will be fined a minimum of NT$20,000 and a maximum of NT$100,000.
Any offender of the preceding paragraph will be ordered to take remedial actions by a prescribed deadline. Any gasoline station failing to comply by the deadline will be fined consecutively until satisfactory corrective actions are taken.
Article 52
Where the detained oil has the risk of impairment or hard to safe keep, it may be sold to an authority-designated oil refinery operator by price negotiations and can keep custody of the proceeds. The oil refinery operator designated by the competent authority may not refuse such a purchase request.
The measure for price negotiations of the aforesaid detained oil will be stipulated separately by the central competent authority.
If the owner, trustee, or caretaker of the detained articles cannot be identified or notified, the competent authority will make a public announcement of the detention and then process the detained articles as waste if their owner, keeper, or custodian remain unidentified ten (10) days after the announcement.
The competent authority may negotiate price for and then sell to a designated oil refinery operator oil confiscated in accordance with this law. An oil refinery operator so designated may not refuse the purchases price, which will be computed according to the Measure for Price Negotiations of Detained Oil.
Article 53
The central competent authority will carry out those points of the Act that call for imposition of fines, confiscation, demands of remedial actions within a prescribed time period, business suspensions, revocations of a license/certificate, or the issuing of orders to cease business. But as of an occurrences, following each item circumstances, a special municipality, a county, or a city competent authority will take administrate disciplinary action.
1. The fines and/or carry out the confiscation for violations of Items 2-4 of the first paragraph, and the second paragraph of Article 40.
2. According to Item 2 of the first paragraph of Article 45, fines should be imposed for a violation of Item 3 of third paragraph of Article 14, and confiscation should be made for a violation of the second paragraph of Article 45.
3. To impose the fines, carry out the demands for remedial actions by the prescribed deadline for violations set forth in Items 3, 6, 7, of the first paragraph of Article 47 herein. (i.e., oil filling stations, LPG filling stations, fishing boat filling stations failing to obtain public liability insurance coverage. ), and to cease business, to order close business for a violation of the second paragraph of Article 47.
4. To impose fines, carry out the demands for remedial action by prescribed deadlines for violations of Items 4, 8, and 11 of the first paragraph of Article 47, and to cease business, to order close business for violation of the second paragraph.
5. To impose the fines and carry out the demands of remedial actions set forth in Article 51.
A special municipality, a county, or a city competent authority will carry out inspections and execute punishment(s) set in Article 46 herein that are to be imposed on gasoline or LPG stations for selling petroleum products not complying with national standards. The applicable competent authority will also carry out the punishment(s) on violations set out in Item 14 of the first paragraph of Article 47 herein.
Article 54
Competent authorities of different levels who have insufficient personnel and facilities, the risk of resistances and public safety, or other reasonable cause, may ask for the assistance of local police or other agencies in the execution of the following actions:
1. Seizing oil distillation, refinery, or blending operations that are in violation of the first paragraph of Article 6 herein.
2. Seizing gasoline, diesel oil, or LPG and other petroleum products supplied to gasoline or LPG station operators whose stations are not set up according to this law or to private-use gasoline or LPG filling or storage facilities not set up according to this law, which are in violation of the third paragraph of Article 14 herein.
3. Investigating the sale by oil or non-oil businesses of solvent oil, lubricants, or other volatile hydrocarbon compounds as fuels for use by motor vehicles or machinery. All such sales are illegal under the fourth paragraph of Article 14 herein.
4. Seizing wholesale operations for gasoline or diesel oil that are in violation of the second paragraph of Article 16 herein.
5. Seizing retailing operations of gasoline, diesel oil, or LPG for vehicle use that are in violation of the first or second paragraph of Article 17 herein.
6. Seizing oil or LPG filling or storage facilities for private use that are in violation of the first paragraph of Article 18 herein.
7. Investigating sales of imported or sold solvent oil or lubricants pursuant to the second paragraph of Article 28 herein.
8. Seizing oil storage facilities that are in violation of the first paragraph of Article 33 herein.
The informer(s) and law enforcement personnel involved in the aforesaid actions may be rewarded. The central competent authority will stipulate measures for the reward.