E N F O R C E M E N T   AND   C O M P L I A N C E



3. The Working Party had before it, to serve as a basis for its discussion, the memorandum on Chinese Taipei's foreign trade regime (L/7097 and Addenda 1 - 11) and the questions submitted by Members on the foreign trade regime of Chinese Taipei together with the replies of the Chinese Taipei authorities thereto (L/7089/Rev.1, L/7429 and Add.1), and documents Spec(94)28 (Newly Promulgated or Revised Laws and Regulations), Spec(94)30 (Description of Service Sectors), Spec(94)31 and Add.1 (Special Exchange Agreement), Spec(94)41 (Status Report of the Bilateral Negotiations), Spec(95)1 and Corr.1 (Checklist of Accession Issues - Preliminary Responses Provided by Chinese Taipei), Spec(95)8 (Laws and regulations regarding agricultural products), WT/ACC/TPKM/2 (Tariff reductions for 758 tariff lines effected as from 14 July 1995), WT/ACC/TPKM/3 (Newly Promulgated or Revised Laws and Regulations), and WT/ACC/TPKM/4 (The Customs Import Tariff and Classification of Import and Export Commodities: revised edition of August 1995); WT/ACC/TPKM/8/Rev.2 and WT/ACC/TPKM/9/Rev.2 (Information on Industrial Subsidies); WT/ACC/TPKM/10 (Adoption of Codex Standards); WT/ACC/TPKM/12 (Standards for Agricultural and Processed Agricultural Products); WT/ACC/TPKM/13 (List of Commodities Subject to Export Restriction and List of Commodities); WT/ACC/TPKM/14 and Corr.1 and Add.1 (Additional Questions and Replies Concerning Domestic Support and Export Subsidies). In addition, the representative of Chinese Taipei made available to the Working Party the following material:

Customs Regime:

- Customs Law;

- Rules Governing the Implementation of the Customs Law;

- Implementing Regulation on the Imposition of Countervailing Duty and Anti-Dumping Duty;

- Rules for the Collection of Customs Fees.

Trade Regime:


- Foreign Trade Act;

- Enforcement Rules of the Foreign Trade Act;

- Regulations Governing the Process of Objections Against Punishment on Violation of Foreign Trade Act;

- Customs Import Tariff and Classification of Import & Export Commodities (June 1998 Revised Edition);

- Consolidated List of Commodities Subject to Import Restriction and Commodities Entrusted to Customs for Import Examination (January 2000 Edition);

- Regulations Governing Import of Commodities by Business Firms;

- Regulations Governing Registration and Administration of Exporters and Importers;

- Regulations Governing Revenue, Expenditure, Custody, and Use of Trade Promotion Fund;

- Rules for Handling Import Relief Cases;

- Import Regulations Codes.

Industrial Goods:

- Regulations Governing Export and Import of High-Tech Commodities;

- Operating Rules for Screening Applications to Import Fishing Vessels Using New Fishing Methods;

- Requirements for Imported Drug Registration;

- Veterinary Drugs Control Act;

- Agro-Pesticide Act;

- Guidelines Governing the Application for and Issuance of Fertilizer Registration Certificate;

- Operating Regulations Governing the Control of Restricted Methyl Bromide;

- Regulations of the Industrial Development Bureau of the Ministry of Economic Affairs for Controlled Substances Pursuant to the Montreal Protocol.

Agricultural Goods:

- Statute for Agricultural Development;

- Regulations Governing Relief and Aid for Major Agricultural Products Damages by Importation;

- Guidelines for Screening Applications for Letter of Approval for the Importation of Livestock and Poultry;

- Guidelines for the Issuance of Written Approval Regarding the Importation of Aquatic Animals;

- Guidelines Governing Food Companies Applying to Import Raw Glutinous Rice/Powder for Processing for Export;

- Operating Procedures Governing Applications to Import Wheat and Operation of the Stabilization Fund;

- Operating Procedures Governing Applications to Import Wheat Flour and Operation of the Stabilization Fund;

- Feeds Control Act;

- Guidelines Governing Applications to Import Aduki Beans;

- Screening Procedures and Criteria Governing the Issuance of Written Approval for the Importation of Dried Betel Nuts (Ta-Fu-Tzu).

Investment Regime:

- Statute for Investment by Foreign Nationals;

- Negative List for Investment by Overseas Chinese and Foreign Nationals;

- Statute for Upgrading Industries;

- Enforcement Rules of the Statute for Upgrading Industries;

- Statute for Development of Medium and Small Businesses;

- Statute for Establishment and Management of Export Processing Zones;

- Aeronautics and Space Industries Development Programme;

- Automotive Industry Development Policy.

Other Texts Affecting Trade:


- Income Tax Law;

- Business Tax Law;

- Statute for Commodity Tax;

- Statute for Foreign Exchange Regulation;

- Fair Trade Law.

Intellectual Property Rights:


- Copyright Law;

- Implementation Rules of the Copyright Law;

- Copyright Intermediary Organization Act;

- Illustrated Contents of 'Each Kinds of Works' in Paragraph One, Article 5 of Copyright Law;

- Certain amounts of Items 2 and 3 of Paragraph One of Article 87bis of the Copyright Law;

- Standard for Compensation for Fair Use of Works in Paragraph4, Article 47 of the Copyright Law;

- Regulations Governing Application for Approval of Compulsory License of Musical Works;

- Regulations Governing Registration of Plate Rights;

- Implementation Regulation for Suspension of Release of Goods Infringing on Copyright or Plate Right by Customs Authority;

- Regulation of Copyright Dispute Mediation;

- Organic Charter of the Copyright Examination and Mediation Committee of IPO, Ministry of Economic Affairs;

- Agreement for the Protection of Copyright between the Coordination Council for North American Affairs and the American Institute in Taiwan;

- Agreement Concerning the Protection and Enforcement of Rights in Audiovisual Works between the Coordination Council for North American Affairs and the American Institute in Taiwan.


- Trademark Law.


- Patent Law.

Standards, Quarantine, Inspection:


- Provisional Standard for Hi-Fi and Stereo Equipment.


- Quarantine Requirements for the Importation of Animal and Animal Products;

- Quarantine Regulations on Imported Fishery Products;

- Quarantine Restrictions on the Importation of Plants and Plant Products;

- Statute for Prevention and Control of Infectious Animals Diseases;

- Implementation Rules of the Statute for Prevention and Control of Infectious Animals Diseases;

- Regulations Governing the Quarantine at International Ports.


- Commodity Inspection Law;

- Enforcement Rules for the Commodity Inspection Law (Implementation Rules of the Commodity Inspection Act).


- Commodity Labelling Law;

- Law Governing Food Sanitation;

- Enforcement Rules of the Law Governing Food Sanitation;

- Law for the Control of Cosmetic Hygiene.

Government Procurement:

- Law of Audit;

- Rules Governing Procuring Goods of Foreign Origin;

- Ordinance Concerning Inspection Procedure Governing Construction Work, Procurement and Disposal of Properties by Government Agencies.


- Guidelines for Screening Applications for Written Import/Export Approval Regarding Wild Fauna and Flora Deserving Conservation;

- Wildlife Conservation Law;

- Implementing Regulations of the Wildlife Conservation Law;

- Rules of Royalty Rate for Public Interest Activities.

Trade in services:

Schedule of Commitments:

- Schedule of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu Concerning Initial Commitments on Trade in Services (WT/ACC/TPKM/18/Add.2).


- Banking Law;

- Guidelines for the Screening and Approval of the Establishment of Branches and Representative Offices by Foreign Banks.


- Insurance Law;

- Insurance Company Establishment Criteria;

- Criteria for Approving Foreign Insurance Enterprises and the Governing Regulation;

- Central Reinsurance Corporation Act.


- Securities and Exchange Law;

- Foreign Futures Trading Law;

- Regulations Governing the Standard for Incorporation of Securities Companies;

- Rules for the Administration of Securities Investment Trust Enterprises.


- Broadcasting and Television Law;

- Motion Picture Law;

- By-laws Governing the Execution of the Motion Picture Law;

- Employment Service Act;

- Rules Governing the Approval and Administration of Foreign Specialist and Technical Personnel Employed by Public or Private Enterprises and Ranking Executives Employed by Overseas Chinese or Foreign National Invested Enterprises.

TANC offers these agreements electronically as a public service for general reference. Every effort has been made to ensure that the text presented is complete and accurate. However, copies needed for legal purposes should be obtained from official archives maintained by the appropriate agency.