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Chapter Law Content

Chapter III - Export Control
Article 15
For exportation of strategic high-tech commodities, the exporter shall first apply for an export permit (license) with the BOFT or the appointed or entrusted government authority (agency). This export permit (license) shall be valid for six (6) months, and the exporter may apply for multiple shipments under this export permit (license). However, under either of the following conditions, the period of validity may be granted for two (2) years:
1. Exportation to countries belonging to all the four international export control regimes including the Wassenaar Arrangement, the Missile Technology Control Regime, the Nuclear Suppliers Group and the Australia Group.
2. Exportation to a non-restricted area to which the exporter has, during the last six (6) months, regularly exported strategic high-tech commodities to the same country or area and to the same importer for five (5) or more times.
If strategic high-tech commodities are to be exported to the United States or Japan under either of the circumstances listed below, and the exporter has checked that the overseas trader is not named on the international export control list or the overseas trader is not named specifically by the competent authority, the competent authority may not grant an export permit:
1. Where the total value (FOB) of the same commodity subject to export control is less than NTD300,000;
2. Where an exporter, who has implemented the Internal Compliance Program, has been identified by the BOFT (hereafter referred to as ICP Exporter).
Article 15-1
An ICP Exporter who wishes to export strategic high-tech commodities may apply for an export permit (license) that is valid for multiple countries, buyers, consignees and end users. The permit shall be valid for three (3) years.
The ICP Exporter should submit the previous year's Internal Review to the BOFT by March 31st of each year.
If any of the following circumstances apply to the ICP Exporter, the BOFT will nullify the ICP Exporter*s qualifications and revoke the export permit referred to in Paragraph 1:
1. Violation of the provisions in the preceding paragraph;
2. Internal control procedures fail to comply with the provisions of the ICP, and are not rectified within the prescribed period after notification; or
3. Violation of rules governing export of strategic high-tech commodities.
Article 16
In applying for an export permit (license) for strategic high-tech commodities, the exporter shall submit the following documents:
1. A complete set of application documents for an export permit (license) for strategic high-tech commodities;
2. An International Import Certificate, a Certificate of End Uses, or a Written Assurance Certificate issued by the government of the importing country, or a Written Assurance of End Uses provided by the foreign importer or end user. The intended end uses and end users must also be truthfully declared.
3. Related transaction documents.
4. Other documents as required in accordance with the applicable regulations.
Whenever an ICP Exporter applies for a three-year (3) valid export permit (license), if the foreign importer or end user is the same company as the ICP exporter, or is the controlling company, or is the subsidiary company of the ICP exporter, a Written Assurance of End Uses can be issued by the head office or controlling company, and the ICP exporter is exempt from submitting the related transaction documents in the preceding item 3.
The exporter shall apply for an export permit (license) within the validity period of the International Import Certificate, Certificate of End Uses, or Written Assurance Certificate. If no validity period is indicated in the Certificate, application shall be made within one (1) year from the date of issuance of said Certificate.
Article 17
Where strategic high-tech commodities imported from abroad are to be re-exported, and if a prior approval for such re-export must be obtained from the government of the original exporting country in accordance with the regulations of that exporting country, the re-exporter shall, in addition to complying with the preceding Article, also submit the document issued by the government of the original exporting country approving the intended re-export.
If the strategic high-tech commodities for re-export in accordance with the preceding Paragraph are to be re-exported in its country of origin, the re-exporter shall also provide the serial number of the International Import Certificate issued by the Republic of China prior to the import of such commodities or any other documents sufficient to evidence the import of such commodities.
When an ICP Exporter applies for an export permit (license) that is valid for 3 years, he/she does not need to submit documentation approving intended re-export issued by the government of the original exporting country or import documents. However, the exporter should save the documents for later inspection by the BOFT.
Article 18
If the strategic permit high-tech commodities are to be exported to a non-restricted area under any of the circumstances listed below, the exporter shall submit documents as specified by Items 1, 3 and 4 of Paragraph 1 of Article 16 hereof, and other sufficiently supporting documents when applying for an export (license):
1. Where the total value of the same commodity subject to export control is less than NTD150,000;
2. Where commodities are temporarily exported for exhibition, maintenance service, testing and/or replacement of defective or unacceptable items, and will be re-imported;
3. Where the importer and end user of export commodities is a government agency, university or academic institution;
4. Where the original commodities are returned to the exporter of origin; or
5. Where special approval for the export of commodities has been authorized by the BOFT.
For those commodities referred to in Item 2 of the preceding Paragraph, the exporter shall submit to the government authority (agency) that had originally approved the export those documents verifying the re-import of the commodities to close the case within the time limit specified in the original approval.
In the event that the commodities exported for exhibition, as referred to in Item 2 of Paragraph 1, are sold during the period of exhibition, the exporter shall still submit supplemental documents as required under the preceding two Articles; however, such commodities shall not be transported to any restricted area(s).
Article 19
Exports of strategic high-tech commodities shall be effected by exporters in accordance with the originally approved contents of the respective export permits (licenses).
The contents of the export permit may be modified by submitting related documents before the expiration date. The name of the applicant may not be changed unless it has been approved.
The expiration date of the export permit may not be extended.
When clearing the commodities covered by the Paragraph 1 through the customs, the exporter shall upon completion of verification and within one (1) month, after the export of such commodities, proceed to close the export case with the original certifying authority (agency). In case the export was effected in several shipments, the exporter shall proceed to close the export case with the original certifying authority (agency) within one (1) month after the last shipment. However, licenses applied for electronically are not subject to restrictions.
The format for a strategic high-tech commodities export permit (license) shall be determined by the BOFT.
Article 20
In the event that certain specifically designated strategic high-tech commodities should be transited or be transshipped via a commercial port of the Republic of China en-route to certain restricted areas, the owner of such commodities or a person authorized by such owner shall obtain permission in advance by applying to the BOFT or the appointed or entrusted government authority (agency), accompanied by a Permission Certificate issued by the government of the exporting country and a Written Assurance of end uses issued by the importing country.
For shipping specifically designated strategic high-tech commodities which are stored in bonded warehouses, logistics centers and free trade ports of the Republic of China to certain restricted areas, the owner of such commodities or a person authorized by such owner shall apply to the BOFT for a permit, accompanied by a Permission Certificate issued by the government of the exporting country and a Written Assurance of end uses issued by the importing country. After the permit is obtained, the owner or person authorized by the owner may proceed to remove the commodities from the warehouse.