| Legislative： |
1.Promulgated on January 06, 2015
2.Amended on June 14, 2017 |
| Content： |
Article 1
These Regulations are prescribed pursuant to Paragraph 4 ofArticle 28-1 of the Customs Act (here in after referred to as “the Act”).
Article 2
The terms used in these Regulations are defined as follows:
1. Mechanical Seal refers to a seal which can be affixed to seacontainers, means of bonded transportation or means of transportationapproved by the Customs without any radio frequency electronic elementembedded in the main body. Mechanical seals based on its
type may beclassified as follows:
(1) High-security mechanical freight container seal: referring to a sealcomplying with the regulations of high-security seals set by the NationalStandards of Republic of China (CNS) 17712 and being limited to bolt sealand cable seal illustrated in CNS 17712
standards.
(2) General mechanical seal: referring to mechanical seals other thanthose defined in the preceding item.
2. Electronic seal refers to a seal to be affixed to sea containers, seatransiting containers entering or exiting Inland container terminals,bonded transports or means of transportation approved by the Customs, withan embedded chip encrypted with a unique identification
code not allowedto be rewritten (commonly known as “secret code”) and can be recognizedby radio frequency readers. Electronic seals on the basis of type may beclassified as follows:
(1) Passive electronic seal: referring to an electronic seal withoutembedded active emitter for wireless communication and no signal isemitted actively.
(2) Active electronic seal: referring to any type of electronic seal otherthan those mentioned in the preceding item.
Article 3
Sea carriers which meet the requirements of Article 4 and seafreight forwarders which meet the requirements of Article 5 may apply withthe Customs for the usage of self-prepared seals including high-securitymechanical freight container seals, passive electronic
seals or activeelectronic seals on sea shipping containers loaded by them.
Air cargo terminal operators located outside the control zones may applywith the Customs to use self-prepared general mechanical seals, passiveelectronic seals or active electronic seals to be tapped on private bondedtransport registered under Article 25 of
Customs Act if they meet the requirements of Article 6.
Enterprises in logistics centers which meet the requirements of paragraph1, Article 7 may apply with the Customs to use self-prepared mechanicalseals, passive electronic seals on sea cargos, sealable trucks or seacontainers from logistics centers bound for
bonded areas, exportwarehouses or places of shipment supervised by the Customs at the exportport , means of bonded transportation or means of transportation approvedby the Customs. However, petty cargoes to be transported may be affixedwith paper seals or
lead seals approved by competent field Customsauthorities case by case.
Inland container terminals which meet the requirements of Article 8 mayapply with the Customs to use self-prepared passive electronic seals onsea transiting containers entering or exiting that Terminal.
The serial numbers (commonly known as “ordinary code”) and the names ormarks of the firm shall be printed clearly on the main body of the self-prepared seals mentioned in the preceding 4 paragraphs and the charactersand patterns of the printing should be legible
and easy to identify.
The self-prepared seals used by individual firm under Paragraph 1 shallnot exceed six models at a time. The self-prepared seals used byindividual firm under Paragraphs 2 ,3and 4 shall not exceed two models ata time.
Article 4
Sea carriers which meet all of the following requirements mayapply with the Customs to use self-prepared seals :
1. Having been established for more than one year.
2. Computer systems and associated interface equipment being installed atfirms and container yards used to store their sea shipping containers toprocess and transmit electronic data pursuant to Regulations Governing theManagement of Import/Export Clearance
for Transportation means,Regulations Governing the Customs Management of Container Yard and relatedActs and Regulations.
3. Adopting the following control measures over seals and sea containers:
(1) The prohibition of duplication shall be stated in the contract of theacquirement of seals.
(2) The prohibition of disclosure and duplication of the Comparison Tableof Ordinary Code and Secret Code (including electronic information) shallbe stated in the contract of the acquirement of electronic seals.
(3) The administration and usage of sea shipping containers and sealsshall be managed by computerized information systems which are madeavailable for the Customs to inspect, print cargo movements and conducton-line verification irregularly.
4. Firms (including the captains of the vessels owned or operated by thesefirms)must be free of any of the following circumstances during thepreceding year:
(1) Where cargos are confiscated under Article 31-1 of the Customs Anti-smuggling Act or fines are imposed under pursuant to Paragraphs 1 and 3 ofArticle 36 of the said Act, with value in single amount or total amountexceeding TWD 500,000.
(2) Where confirmed arrears of duties or fines are owed, except anappropriate guarantee is provided.
5. Having no record of suspension for one or more week during thepreceding one year if the firms also operate import/export cargodeclaration .
6. No uncertified seals have been discovered used by the Customs duringthe preceding one year.
Article 5
Sea freight forwarders which meet all the following conditionsand requirements prescribed respectively in Sub paragraphs 1, 3, 5, 6 ofParagraph 1 of Article 4 may apply with the Customs to use self-preparedseals :
1. Being certified by the Customs as a Security and Safety AuthorizedEconomic Operator (AEOS).
2. Computer systems and associated interface equipment being installed atfirms and container yards used to store their sea containers to processand transmit electronic data pursuant to Regulations Governing the CustomsManagement of Freight Forwarder, Regulations
Governing the CustomsManagement of Container Yard and related Acts and Regulations.
3. None of the following circumstances was occurred during the precedingyear:
(1) Where cargo are confiscated under Article 31-1 of the Customs Anti-smuggling Act or fines are imposed pursuant to Paragraphs 1 and 3 ofArticle 36 of the said Act with value in single amount or total amountexceeding TWD 500,000.
(2) Where confirmed arrears of duties, or fines are owed, except anappropriate guarantee is provided.
Article 6
Air cargo terminal operators located the control zones may applywith the Customs to use self-prepared seals if they meet all of thefollowing requirements:
1. Being approved by the Customs for autonomous management.
2. Having registered with private bonded transports under the provisionsof The Regulations Governing the Customs Administration of Bonded CargoTransportation Means.
3. Adopting a complete control system over seals and private means ofbonded transportation:
(1) The prohibition of duplication shall be stated in the contract of theacquirement of seals.
(2) The prohibition of disclosure and duplication of the Comparison Tableof Ordinary Code and Secret Code (including electronic information) shallbe stated in the contract of the acquirement of electronic seals.
(3) The administration and usage of private means of bonded transportationand seals shall be managed by computerized information systems which aremade available for the Customs to inspect, print cargo movements andconduct on-line verification irregularly.
The self-prepared seals prescribed in the preceding paragraph can be usedonly for the transportation of air cargos into and out of the same AirportControl Zone, under the supervision of the Customs in charge of that zone.
Article 7
Enterprises in logistics centers approved by the Customs forautonomous management may apply to use self-prepared seals if a clauseprohibiting duplication is stated in the contract of the acquirement of seals.
Article 8
Inland container terminals having registered with the Customsmay apply to use self-prepared seals if a clause prohibiting duplicationis stated in the contract of the acquirement of seals.
Article 9
Firms applying for the usage of other self-prepared seals thangeneral mechanical seal shall first apply with the Customs Administration,Ministry of Finance (hereinafter referred as “Customs Administration”)for certification via document review and then apply
with the competentfield Customs at the place of import/export for eligibility verification.
Firms applying with the Customs Administration for certification viadocument review under the preceding paragraph shall submit an applicationform for the usage of self-prepared high-security mechanical freightcontainer seals or electronic seals and an affidavit
of confidentiality aswell as complementary documents and materials listed in the applicationform. The application form and affidavit shall be stamped with thecorporate seal and the seal of the responsible person of the firm.
Institutions, laboratories or research centers to certify and test self-prepared seals and required complementary items and documents as well asthe operational regulations are prescribed in the appended Table 1.
Customs Administration holds the rights of modifying or ending thecontents of certification and testing conducted by agencies, laboratoriesor research centers prescribed in the appended Table 1.
Where the self-prepared seals are certified by Customs Administrationthrough document review, the competent field Customs should be notifiedwith a certain amount of enclosed samples of seals.
Firms applying with the competent field Customs for eligibilityverification pursuant to Paragraph 1 shall fill in an application Form foreligibility verification of the usage of self-prepared high-securitymechanical freight container seals or electronic seals
and an affidavit ofconfidentiality with complementary documents and materials listed in theapplication form. Where the application is made by an agent, the surrogatecontract between the firm and the agent must be attached. Sea freightforwarders or logistic
centers shall provide the list of the owners of thecontainers surrogated or stored by them.
The Customs shall notify firms for necessary supplement and correctionswithin a certain period of time if the documents or materials provided arenot complete during the application for the usage of self-prepared seals.If the firm fails to supplement or correct
within the given date, theapplication shall be rejected.
Article 10
Firms applying to use self-prepared general mechanical sealsshall submit to the competent field Customs an application form forcertification of the usage of self-prepared general mechanical seals andan affidavit of confidentiality with both stamps of the corporate
and theresponsible person of the firm as well as the documents and materialslisted in the application form. The firm shall use the self-prepared sealsonly after receiving approval from the Customs.
The listed categories and the criteria for certification of self-preparedgeneral mechanical seals are prescribed in the appended Table 2.
Article 11
Firms applying to use self-prepared high-security mechanicalfreight container seals pursuant to Article 9 shall ensure the self-prepared seals comply with the standards prescribed in Item 1 ofSubparagraph 1, Article 2.
The main body of self-prepared high-security mechanical freight containerseals referred to in the preceding paragraph shall be in any color otherthan aquamarine, the color exclusive for Customs seals.
Article 12
Firms applying to use self-prepared passive electronic sealspursuant to Article 9 shall ensure the self-prepared seals comply with thestandards prescribed in Item 1 of Subparagraph 1 and 2, Article 2.
Air cargo terminal operators located outside the control zones pursuant toArticle 6,enterprises in logistics centers pursuant to Article 7,Inlandcontainer terminals pursuant to Article 8 applying to use self-preparedpassive electronic seals, shall ensure the
self-prepared seals comply withthe qualifications prescribed in the preceding paragraph. Where the saidself-prepared seals are not exclusive for sea containers, CustomsAdministration may exempt the operator from submitting the certificate ofcompliance test
report with CNS 17712 standards for high-security seal.
The self-prepared passive electronic seals described in the preceding twoparagraphs shall be compatible with both the hardware and software of theelectronic seal monitoring system and its static as well as handheldreaders established in every port of entry.
The main body of the saidself-prepared passive electronic seals in the preceding two paragraphsshould be in any color other than white, the color exclusive for customsseals.
The criteria for certification of self-prepared passive electronic sealsare prescribed in the appended Table 3.
Article 13
Firms applying to use self-prepared active electronic sealspursuant to Article 9 shall ensure the self-prepared seals comply with thestandards prescribed in Item 2 Subparagraph 2 of Article 2.
The self-prepared active electronic seals described in the precedingparagraph shall be compatible with both the hardware and software of theelectronic seal monitoring system and its static as well as handheldreaders established in every port of entry. The main
body of the saidself-prepared active electronic seals in the preceding paragraph should bein any color other than blue, the color exclusive for customs seals.
The criteria for certification of self-prepared active electronic sealsare prescribed in the appended Table 4.
Article 14
Firms which apply to use self-prepared seals and are requiredto submit a certificate of compliance with CNS 17712 standards for high-security seals pursuant to Article 9 may substitute it with thecertificate of compliance with ISO 17712 standards (edition released
in2010 or afterwards) for high-security seal issued by agencies,laboratories or research centers which are compliant with the ISO/IEC17025 standards certified by International Organization forStandardization.
Where the self-prepared seals applied for certification under thepreceding paragraph are bolt seals, the samples shall be certified by the institutions, laboratories or research centers listed in the appendedTable 1 that the shaft of a pin and the base of a
bush are not able to bespun or twisted over 360°in opposite direction without using tools oncethe pin has been inserted into the bush. If the bolt seal is forcibly spunor twisted by tools and leads to different spinning status, evidence ormarks of the malicious
tampering shall be kept for visual inspection.
Article 15
Self-prepared electronic seals approved by the Customs shall beused only between ports of entry where electronic seal monitoring systemsare established and the said ports of entry shall be published by Customs Administration.
Article 16
Firms approved by the Customs to use self-prepared electronicseals through document review shall submit the list of Comparison Tablesof Ordinary Code and Secret Code (including electronic information) inbatches and make an affidavit of non-disclosure and non-duplication
toboth Customs Administration and competent field Customs.
Article 17
Firms approved to use self-prepared seals by the Customs shallre-apply every two years before the deadline. If the requirements forapproval are unchanged, firms may reapply with the competent field Customsthrough additions and corrections by submitting filled
application form ofthe usage of self-prepared Seals with stamps of the corporate and theresponsible person as well as complementary documents listed in theapplication form.
The field Customs shall confirm that the firm applying for additions andcorrections under the preceding paragraph meets the requirementsprescribed in Article 4 to 8.
Article 18
Where self-prepared seals are used on sea containers, the seacarriers, sea freight forwarders and enterprises in logistics centers,Inland container terminalss shall comply with the following regulations:
1. Self-prepared seals should be affixed to the sea containers in themanner and position designated by the Customs.
2. Firms who affix self-prepared seals to exporting or transiting seacontainers domestically, shall pair the seals and containers and make alist of export containers being affixed with seals by themselves.
3. Sea carriers shall designate personnel to check whether the serialnumbers of containers and seals are consistent with those stated in thecontainer notes when exporting or transiting sea containers are affixedwith self-prepared seals..
4. Where the self-prepared seals affixed to exporting or transiting seacontainers are damaged or not sealed firmly or inconsistent with theserial numbers stated in the container notes, the carriers shall applywith the Customs to affix self-prepared seals or
Customs seal under thesupervision of Customs officers.
The sea carriers, sea freight forwarders where self-prepared seals areused on sea containers, shall comply with the following regulations:
1. Where the self-prepared seals contain serial numbers approved by theCustoms or are affixed to the imported or transited containers overseas,the seal numbers shall be stated in the import cargo manifests. If theself-prepared seal affixed overseas is under
any of the following
circumstances, firms shall apply with the Customs to re-affix with self-prepared seals or Customs seals under Customs’ supervision:
(1) The self-prepared seal is damaged or is not affixed firmly.
(2) The serial numbers of the self-prepared seals are inconsistent withthose stated in the cargo manifests.
(3) The imported container number and serial numbers of the self-preparedseal are inconsistent with those being reported to the Customs.
2. Sea carriers shall designate personnel to inspect the seals of theimported or transited containers being unloaded and the Customs shall benotified if the self-prepared seals are found compromised.
3. Where self-prepared seals are affixed to the imported or transited seacontainers domestically, sea carriers shall pair the seals and thecontainers matched and make the list of imported containers which havebeen affixed with self-prepared seals. The sea carriers
shall alsodesignate personnel to check the consistence of container numbers and sealnumbers alongside the ship or seal the containers in the station whencontainers are unloaded.
Whenever considered necessary, the Customs may randomly inspect the self-prepared seals or replace or reaffix them with customs seals on seacontainers which have been approved to use self-prepared seals.
Article 19
Air cargo terminal operators or enterprises in logisticscenters shall comply with the following regulations while affixing self-prepared seals to sea cargos, sea shipping containers, sealable trucks,means of bonded transportation or means of transportation
approved by the Customs.
1. Prior to, sea cargos, sealable trucks or sea containers carryinguntaxed or bonded imported goods, means of bonded transportation or meansof transportation approved by the Customs cleared exporting goods aretransporting from control zones or bonded areas
to discharging placesnamed in the manifests, customs declaration forms or customs permits,relevant firms shall designate personnel to be in charge of affixingseals, making container (cargo) notes for those which have been affixedwith seals and executing other
related matters.
2. Firms shall designate personnel to be in charge of inspecting contentsstated in relevant container (cargo) notes and executing other relatedmatters once sea cargo, sealable trucks, sea containers, means of bondedtransportation or means of transportation
approved by the Customs affixedwith self-prepared seals arrive discharging places named in the cargomanifests, customs declaration or customs permits,.
3. Air cargo terminal operators or enterprises in logistics centers shallreport to the Customs if self-prepared seals are damaged or not affixedfirmly or inconsistent with those stated in the container notes.
Whenever considered necessary, the Customs may randomly inspect self-prepared seals or replace or reaffix them with customs seals on cargos,sealable trucks and sea containers, means of bonded transportation ormeans of transportation approved by Customs which
have been approved touse self-prepared seals.
Article 20
Under any of the following circumstances, the Customs may,based on the scenario of the violation, impose a less than one-yearsuspension of the usage of self-prepared seals on sea carriers approved bythe Customs to use self-prepared seals pursuant to Article
87-1 of CustomsAct :
1. The self-prepared seals being used are not certified and no priorapplication for sealing under supervision is filed.
2. The carrier fails to manage its operation by computerized informationsystem without any justifiable reasons and violates Subparagraph 3 ofArticle 4.
3. The carrier violates the regulations of Article 16.
4. Where the condition prescribed in Subparagraph 2 or 7 of Paragraph 1,Article 18 fulfilled and sea carriers fail to apply with the Customs tosupervise sealing.
5. Sea carrier and operators running the container yards to store theirsea containers fail to make declaration through electronic data exchangeor fail to transmit, register, and monitor the movements of discharging,boarding, departing, entering and storing
containers via electronicinformation transmission for more than four days or four voyages withoutjustifiable reasons.
Under any of the following circumstances, the Customs may repeal theapproval for sea carriers to use self-prepared seals pursuant to Article87-1 of Customs Act:
1. Where the regulations prescribed in Item 1 or 2 of Subparagraph 3,Article 4 or Subparagraph 4 of the same article are violated.
2. Where forged or altered self-prepared seals are used.
3. Where self-prepared seals or seals with serial numbers approved by theCustoms are used while information about manifests are not submitted tothe Customs.
4. Where firms concurrently provide import/export Customs declarationservices are suspended from practicing declarations for one or more weeks.
5. Where firms are suspended from using self-prepared seals and theaccumulated amount of suspended time reaches 12 months within 2 years oftime.
6. Where sea carriers or operators running the container yards to store
their sea containers terminate internet connection from its network to thethrough-Customs value-added network.
Where sea freight forwarders or enterprises in logistics centers, Inlandcontainer terminals violate the regulations prescribed in the precedingtwo paragraphs or Paragraph 1 of Article 18, the Customs may impose a lessthan one-year suspension on their usage
of self-prepared seals or repealthe approval pursuant to Article 87-1 of the Act.
Where a sea freight forwarder loses its AEOS qualification, the Customsmay repeal the approval on their usage of self-prepared seals pursuant toArticle 87-1 of the Act.
Where firms fail to reapply for approval or additions and correctionsbefore the deadline under Article 17, the Customs may repeal approval forthe usage of that certain model of self-prepared seals pursuant to Article87-1 of the Act.
Article 21
Under any of the following circumstances, the Customs may,based on the scenario of the violation, impose a less than one-monthsuspension of the usage of self-prepared seals on air cargo terminaloperators or enterprises in logistics centers pursuant to Article
87-1 ofthe Act:
1. The regulations prescribed in Paragraph 1 of Article 19 are violated.
2. Where the self-prepared seals are inadequately managed but theinadequacy is obviously minor.
Where firms referred to in the preceding paragraph are involved in any ofthe following circumstances, the Customs may, based on the scenario of theviolation, suspend them from using self-prepared seals pursuant to Article87-1 of the Act:
1. The self-prepared seals being used are not certified and no priorapplication for sealing under supervision is filed.
2. Firms fail to manage its operation by computerized information systemwithout any justifiable reasons and violate Item 3, Subparagraph 3,Paragraph 3 of Article 6.
3. Firms fail to declare to the Customs by submitting electronic data formore than four days without any justifiable reasons.
4. Firm end to transmit, submit, or monitor real-time information on themovements of goods entering or exiting air cargo terminals via electronicdata interchange more than four days without any justifiable reasons.
Where firms referred to in Paragraph 1are involved in any of the followingcircumstances, the Customs may repeal the approval for their usage ofself-prepared seals pursuant to Article 87-1 of the Act:
1. The self-prepared seals being used are not certified and no priorapplication for sealing under supervision is filed.
2. A suspension of goods storage for more than one week is being imposedby Customs pursuant to The Regulations Governing the Customs Management ofImport and Export Warehouses or The Regulations Governing CustomsClearance for Goods in Logistics Centers.
3. A suspension of boarding cargoes for more than one week is beingimposed by the Customs pursuant to The Regulations Governing the CustomsAdministration of Bonded Cargo Transportation Means.
4. An accumulated of 12-month suspension on the usage of self-preparedseals within the preceding two years.
5. The internet connection to the through-Customs value-added network isterminated.
6. The regulations of item 1 or 2 of Subparagraph 3, Paragraph 1 ofArticle 6 are violated.
Where firms fail to re-apply for additions and corrections before thegiven deadline pursuant to Article 17, the Customs may repeal the approvalfor their usage of that certain model of self-prepared seals pursuant toArticle 87-1 of the Act.
Article 22
The format of application forms and affidavit prescribed inParagraph 2, 6 of Article 9, Paragraph 1 of Article 10 and Paragraph 1 ofArticle 17 shall be published by Customs Administration.
Article 23
These Regulations shall take effect on the date of promulgation. |