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Title: Civil Aviation Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 6 Management of Civil Air Transport Enterprise
Section 3 Air Freight Forwarder
Article 66
Any person aspiring to work as air freight forwarder shall apply to MOTC via CAA for permission to set up business. Within a specified preparatory period the applicant shall, according to law, complete registration with appropriate authorities and submit to MOTC via CAA for approval. The forwarder-to-be may start operation only after receiving a license from CAA.
If the air freight forwarder fails to start up for over six months from the date license was issued, or has suspended operation for over six months after start-up, CAA shall advise MOTC to have its license revoked and notify concerned authorities to cancel its registration, unless an extension with justifiable reasons is applied for and approved.
To close down business, the air freight forwarder shall report via CAA to MOTC for record and, within thirty days after closure, return the air freight forwarder license. If the license is not return in time, CAA will make known cancellation of the license in a public announcement.
The extension referred to in paragraph two may not exceed six months, and will be granted once only.
Article 66-1
An airfreight forwarder must be formed as a corporate organization.
Article 67
A foreign airfreight forwarder intending to set up a branch office in the ROC shall apply to MOTC for approval of such office through CAA, and shall complete registration for branch office according to law within the approved time period for preparation before applying to MOTC for operation approval through CAA. No air freight forwarding business shall commence until CAA issues a license of foreign airfreight forwarder.
A foreign airfreight forwarder that has not set up a branch office according to the previous paragraph shall not conduct any airfreight forwarding business in the ROC unless it has entrusted an airfreight forwarder in the ROC to carry out or handle such business on its behalf.
A foreign airfreight forwarder intending to close up the business of its branch office shall report to MOTC for record through CAA in advance, and shall return its air freight forwarder license within thirty (30) days after business closure; failure to return such license within the time limit shall entitle CAA to revoke the permit directly and notify the public.
Article 68
(Deleted)
Article 69
CAA may provide personnel to inspect various facilities and operations of any air freight forwarder. The forwarder shall not refuse, avoid or impede such inspections, and will be notified of any shortcomings and told to improve within a certain period.
Article 70
An air freight forwarder shall not employ any of the following persons to a management position, and where there is already a person employed, he or she must be dismissed:
1) A person implicated in any one of the circumstances outlined in Article 30 of Company Act.
2) A person whose previous air freight forwarder license was revoked less than 5 years before assuming the managerial position.
The provision in the preceding paragraph shall apply to the company board of directors and supervisors.
Article 70-1
Rules governing an airfreight forwarder, application to set up a foreign airfreight forwarder branch office, for license, registration, cancellation and renewal, amount of capital, change in company registration, collection of license fees, application for entrusting business a foreign airfreight forwarder, and business management shall be prescribed by MOTC.
The 2 previous articles shall apply mutatis mutandis to a foreign airfreight forwarder.