Goto Main Content
:::

Chapter Law Content

Title: Foreign Trade Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter 1 General Principles
Article 1
This Act is enacted for the purposes of expanding foreign trade and maintaining a sound trade order so as to enhance the economic benefits of this country in the spirit of liberalization and internationalization and on the principles of fairness and reciprocity. For matters not provided herein, other applicable laws shall govern.
Article 2
The term “foreign trade” in this Act refers to the action of exporting/importing goods and related activities.
The term “goods” referred to in the preceding paragraph includes the following rights attached thereto: trademarks, patent rights, copyrights, and any other intellectual property rights protected by the laws enacted.
Article 3
The term “exporter/importer” as used herein shall mean a firm registered in accordance with this Act to engage in export/import trade or a firm though not engaging in export/import trade as its regular business but exporting or importing specific goods.
Article 4
The competent authority referred to in this Act shall be the Ministry of Economic Affairs (MOEA).
Any matter provided herein involving the competence of other ministries, commissions or government authorities shall be handled by the competent authority in consultation with the authorities concerned.
Article 5
For the purpose of safeguarding national security, the competent authority may, in conjunction with the appropriate government authority or authorities, propose to the Executive Yuan for an approval to the ban and control of trading activities with specific countries or territories provided that such prohibition or control shall be submitted to the Legislative Yuan within one (1)month from the date of publication thereof for its ratification.
Article 6
Under any of the following circumstances, the competent authority may temporarily suspend import from or export to specific countries or territories or import/export of specific goods or take any other necessary measures:
1.When any natural disaster, incident, or war occurs;
2.When national security is endangered or protection of public safety is hindered;
3.When the domestic or international market suffers a serious shortage of a specific material or the price thereof drastically fluctuates;
4.When serious imbalance is caused or threatened in international payments;
5.When any international treaty, agreement, United Nations resolution or international cooperation calls for it; or
6.When a foreign country impedes import/export with measures violating international agreements or principles of fairness and reciprocity.
Application of subparagraphs 1 through 4 or subparagraph 6 of the preceding paragraph shall be limited only to circumstances when there is an adverse impact or a threat thereof upon the normal development of the economy and trade of this country.
Before suspending import/export or taking any other necessary measures pursuant to subparagraph 4 or 6 of paragraph 1 above, the competent authority shall try to settle trade disputes through consultation or negotiation.
Suspension of import/export enforced or other necessary measures taken by the competent authority shall be lifted when causes thereof cease to exist.
The ratification requirement provided for in the preceding Article shall also be applicable for the purpose of this Article.
Article 7
The competent authority or another government agency designated by the Executive Yuan may negotiate and enter into pacts and/or agreements with foreign countries in respect of external trade affairs and shall consult and coordinate with other government agencies first if such other government agencies are involved in matters to be negotiated.
A private organization or body authorized by the competent authority may negotiate and enter into agreements with foreign countries on behalf of the government in respect of external trade affairs and shall report the matters contemplated in the agreements to the competent authority for approval.
Pacts of agreements concluded as a result of foreign trade negotiations, unless within the scope of the administrative discretion power of the signing authority or organization, shall be submitted to the Executive Yuan for forwarding to the Legislative Yuan for discussion and decision.
A pact or an agreement with contents involving amendment of any existing law or enactment of a new law shall become effective only after completion of legislative procedures.
Article 8
Before negotiating and concluding any pact or agreement with a foreign country in respect of economic and trade affairs, the competent authority or a government agency designated by the Executive Yuan may, if necessary and in conjunction with the Legislative Yuan and the appropriate ministries, commissions or government agencies, hold public hearings or solicit opinions from experts, scholars, and enterprises concerned.