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Subject: Notes of Export Regulations
Content: Notes of Export RegulationsUsers GuideOther Relevant Export Regulations Users Guide1. The exportatio...

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Notes of Export Regulations

Source:Bureau of Foreign Trade, Ministry of Economic Affairs
Revise Date:2018-11-23

Notes of Export Regulations

Users' Guide
Other Relevant Export Regulations

 

Users' Guide


1. The exportation of commodities shall be made in accordance with the Foreign Trade Act, the
Enforcement Rules of the Foreign Trade Act, the Regulations Governing Export of Commodities, the
List of Commodities Subject to Export Restriction and the List of Commodities Assisted by Customs
for Export Examination. For commodities exported to Mainland China, the exportation shall be made
in accordance with the “Regulations Governing Permission of Trade between Taiwan Area and Mainland
Area”; the exportation of strategic high-tech commodities shall be made in accordance with the
Regulations Governing Export and Import of Strategic High-Tech Commodities.
2. According to the Foreign Trade Act, the export regulation adopts the approach that free export
is the rule and restriction is the exception. In other words, commodities are generally allowed to
be exported freely, and where international treaties, trade agreements, national defense, social
security, culture protection, hygiene, environmental or ecology conservation require restriction on
export, the Negative List shall apply. For implementation of the Negative List system, the "List
of Commodities Subject to export Restriction" and the “List of Commodities Assisted by

Customs for Export Examination” are established.

3. For the commodities in the “List of Commodities Subject to Export Restriction”, exports are

subject to two kinds of regulations:

(1) Commodities subject to export bans:

Commodities cannot be exported unless under some special circumstances the Bureau of Foreign

Trade (hereinafter referred as the "BOFT") grants export permits to them.

(2) Commodities can only be exported subject to certain conditions. Exporters of these commodities
shall comply with the requirements prescribed in the List (e.g., obtaining consent letters issued
by the relevant authorities), and cannot export these commodities only after the BOFT issuing the
export permits.
4. For the commodities not in the "List of Commodities Subject to Export Restriction", exports are
not subject to any export restriction, and no export permits are required. Exporters can apply for
customs clearance for these commodities directly. Although these commodities are not subject to
export regulation, some of them are subject to the requirements imposed by other laws or decrees

for regulating purposes, such as the requirements for certificates, market licenses, or supervisory
approval granted by the relevant competent authorities. Such commodities and the requirements they
are subject to for their exportation are compiled into the "List of Commodities Assisted by Customs
for Export Examination", and the Customs assist to examine the conformity of these commodities to
the listed requirements. Unless these commodities comply with the export requirement set forth in
such List, the Customs will not approve the clearance.
5. For the convenience of the public to check the relevant export regulations, the most regulations
have been compiled into three numerical digit codes according to the order of the CCC (Commodity
Classification of the Republic of China) code. As to the other regulations not suitable to be
listed this way, please find the “Other Relevant Export Regulations” on pages 48 to
55.

6. The registered exporting /importing firms exporting the commodities in the "List of Commodities
Subject to Export Restriction" shall apply for export permits in accordance with the export
regulations contained therein. Except for strategic high-tech commodities, the registered
exporting/importing firms exporting the commodities not in the "List of Commodities Subject to
Export Restriction" may apply for customs clearance directly without applying for any export
permits but shall meet the requirements provided for by the "List of Commodities Assisted by
Customs for Export Examination" if the commodities belong thereto.
7. The exportation of strategic high-tech commodities, exported by an exporter, shall be made in
accordance with the "Regulations Governing Export and Import of Strategic High-Tech Commodities" to
apply for the export Permit of Strategic High-Tech Commodities for dealing with export. If the
strategic hi-tech commodities, exported by an exporter, also belong to the "List of commodities
subject to Export Restriction" or the "List of Commodities Assisted by Customs for Export
Examination", shall be made in accordance with the regulations prescribed in the preceding two
lists when applying for export of such commodities, but shall not conform to the regulations of the
"List of Commodities Subject to Export Restriction" to apply for general export permit
additionally.
8. Exporters (including individuals) who are not registered exporting/ importing firms shall apply
to

BOFT for export permits when exporting any commodity not in the "List of Commodities Subject to
Export Restriction". However when the FOB price of the commodities is equal to US$20,000 or below,
the exportation can be exempt from such licensing requirement; if the commodity belongs to the
"List of Commodities Assisted by Customs for Export Examination", its exportation still needs to
follow the regulations set out in that list.

Other Relevant Export Regulations

 

1. Export regulations on wild fauna and flora

(1) Specimens of animal and plant species included in Appendices to the Convention on

International Trade in Endangered Species of Wild Fauna and Flora (CITES)

A. For exportation of specimens of animal and plant species included in Appendices I, II and III to
the CITES or their products, whether removed form the wild or bred in captivity/ artificially
propagated, the applicant shall submit the CITES export permit issued by the Bureau of Foreign
Trade, Ministry of Economic Affairs (BOFT) to the Customs directly for clearance.
B. Prior to customs clearance, the applicant shall enter first the scientific name and the common
(English) name of the species on the Export Declaration to declare clearly the species included in
Appendices to the CITES. The Customs will classify the applications as declared as “document
checking required (Channel-2)” or “physical examination required
(Channel-3)”. The exporter shall bear any legal responsibility for violation of the declaration
requirements.


(2) Specimens of animal species not included in Appendices to the CITES but governed by the

Wildlife Conservation Law.

A. For exportation of live protected wildlife products of species not included in Appendices to the
CITES but governed by the Wildlife Conservation Law (including those captive-raised or bred
wildlife that have been announced as governed by the Wildlife Conservation Law), the applicant
shall submit the approval document issued by the Council of Agriculture, Executive Yuan
(hereinafter referred to as the “COA”) to the Customs directly for clearance in accordance with the
Wildlife Conservation Law.
B. Prior to customs clearance, the applicant shall enter first the scientific name and the common
(English) name of the species on the Export Declaration to declare clearly that the species
governed by the Wildlife Conservation Law. The Customs will classify the applications as declared
as “document checking required (Channel-2)” or “physical examination required (Channel-3)”. The
exporter shall bear any derived legal responsibility for violation of the declaration requirements.
(3) Specimens of plant species not included in Appendices to the CITES but governed by the

Cultural Heritage Preservation Law.

A. For exportation of specimens of plant species not included in Appendices to the CITES but
announced as precious rare species governed by the Cultural Heritage Preservation Law, the
applicant shall submit the approval document issued by the COA to the Customs directly for
clearance.
B. Prior to customs clearance, the applicant shall enter first the scientific name and the common
(English) name of the plant species on the Export Declaration to declare clearly that the species
governed by the Cultural Heritage Preservation Law. The Customs will classify the applications as
declared as “document checking required (Channel-2)” or “physical examination required
(Channel-3)”. The exporter shall bear any legal responsibility for violation of the declaration
requirements.


2. Regulation on applying to the BOFT for the CITES export permit

To export specimens of animal and plant species included in Appendices I, II and III to the CITES
or their products, the exporter shall submit the required documents listed below to the BOFT to
apply for the CITES export permit:
(1) Animals:

A. For exportation of specimens of animal species included in Appendix I to the CITES or their
products, the exporter shall submit the approval document issued by the COA.
B. For exportation of specimens of animal species included in Appendix II and III to the CITES or
their products, bred in captivity, the exporter shall submit a written declaration of breeding in
captivity; for those species included in Appendix II and III to the CITES but not bred in
captivity, the exporter shall submit a source certificate. For those governed by the Wildlife
Conservation Law, an approval document from the COA is also required.
(2) Plants:

A. Specimens of plant species included in Appendix I to the CITES or their products

(a) Exportation of plants collected in the wild is limited to academic research institutes,
colleges, universities, public botanical gardens or museums for the purpose of academic research,
international exchange or education. The exporter shall submit a source certificate and a document
of approval issued by the authorities responsible for CITES management of importing country.
(b) For exportation of artificially propagated Paphiopedilum spp. or Phragmipedium spp., the
exporter shall submit a certificate of artificial propagation issued by the COA. For exporters who
themselves do not hold the certificate, they shall submit the required certificate and also
authorization documentation issued by the owner of such a certificate.

B. Specimens of plant species included in Appendix II and III to the CITES or their products (a)
For exportation of artificially propagated plant species, the exporter shall submit a written
declaration of artificial propagation. However, exporters of cultivated orchids must also submit a
copy of the grower’s orchid enterprise registration.


(b) For those included in Appendix II and III to the CITES but not artificially propagated, the
exporter shall submit a source certificate. For precious, rare species of plants covered by the
Cultural Heritage Preservation Law, an approval document form the COA is also required.
(3) In the case of re-export, the exporter shall submit a copy of the CITES export certificate
issued by the original exporting country and copies of import certification documents.


3. The animals of which export is prohibited as announced by the Council of Agriculture, Executive

Yuan under Animal Protection Law are subject to export control.

 

4. The exportation of any of the following products shall be made in accordance with the
requirements listed below regardless of their CCC codes. Violators shall bear any derived legal
responsibility.
(1) Exportation of pesticides announced by the Council of Agriculture, Executive Yuan as

prohibited items shall be made in accordance with the regulation of “441”.

(2) Exportation of controlled drugs announced by the Executive Yuan as subject to control shall

be made in accordance with the regulation of “522”.

(3) Exportation of environmental agents announced by the Environmental Protection Administration,
Executive Yuan as prohibited items shall be made in accordance with the regulation of “531”.
(4) Exportation of hazardous wastes and general industrial wastes designated by the
Environmental Protection Administration, Executive Yuan shall be made in accordance with the
regulation of  “531”
(5)Exportation of toxic chemicals announced by the Environmental Protection Administration,

Executive Yuan as subject to control shall be made in accordance with the regulation of “533”.

 

5. The export regulations for recorded optical disks

(1) For the exportation of recorded optical disks which meet the definition in Article 2, paragraph

2, of the Optical Disk Law (see the attached list), such optical disks must be imprinted with
source identification codes (SID codes).
(2) For the exportation of products (recorded optical disks) not on the above-mentioned list - that

is principally CDs, such as those containing product catalogues, operation manuals or drivers
which, as required for sale and trade, need to accompany other products - one optical disk without
an SID code is allowed, in principle, for each unit of product, and such optical disks should be
declared clearly in the Export Declaration for customs clearance. If the quantity of
optical disks without SID code exceeds one per unit, the Customs will not allow exportation until
it receives written approval from the Bureau of Foreign Trade.


6. The exportation of used motor cars (heading No. 8703), used motorcycles (heading No. 8711), and
used engines (headings Nos. 8407 and 8408) must be made in accordance with the following
regulations:
(1)The exporter must register the items to be exported with the Headquarters of the Third Special
Police Force, National Police Administration, Ministry of the Interior, or with a police force
under its command, to obtain both the documentary and physical verification of the items to be
exported as non-stolen vehicles, in accordance with the “Notice of Application for Export
Examination of Used Motor Vehicles and Engines.” The exporter must then directly submit the
Examination Report (with detailed vehicles  and /or engines list) issued by the Third Special
Police Force Headquarters or a police force under its command to the Customs for customs clearance.
(2)Prior to customs clearance, the exporter must enter “USED” on the export declaration. The

Customs will then classify the application as either “document checking required (Channel 2)” or
“physical examination required (Channel 3).” In case the above regulations on declaration are
violated, the exporter shall bear legal responsibility.
(3) For the re-export of used motor vehicles and engines that have been imported within 5 years,

if the exporter is the same as the prior importer and both the commodities and documents are duly
checked by the Customs, the requirements of (1) above are waived.

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Published Date:2006-08-10