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Regulations on Export Control of Strategic High-Tech Goods and Export Control to Russia: An Introduction

2022/04/07

Under Article 13 of Taiwan’s Foreign Trade Act, it provides that “To ensure national security, fulfill international cooperation and agreements, enhance regulation of exportation/importation and flow of strategic high-tech goods, so as to facilitate the need of introducing high-tech goods, the exportation/importation of such goods shall comply with the following provisions: 1. No exportation is allowed unless otherwise authorized; 2. Where import permits are granted, no change of the importer or transfer to any third country or region is allowed unless otherwise authorized; 3. Intended use and end user shall be truthfully declared; no change is allowed unless otherwise authorized.” If the goods are high-tech goods within Taiwan’s export control list, or if a trading partner is within Taiwan Controlled Entity List, a permit may be required to be obtained pursuant to the aforesaid provisions. For any questions about whether the goods pertain to controlled high-tech products, one may contact the Industrial Technology Research Institute to apply for Strategic High-Tech Commodities Application online (See https://shtc.org.tw/WebPage/index.aspx)

The war between Russia and Ukraine continues. On April 6, 2022, in order to fulfill Taiwan’s international cooperation obligations and prevent Taiwan’s high-tech goods from being exported to Russia for any military use, the Ministry of Economic Affairs announced an amendment of the "Types of Strategic High-Tech Commodities, Specific Strategic High-Tech Commodities and Exportation to Restricted Regions" by adding "High-Tech Commodities List for Exportation to Russia" (hereinafter the “Export to Russia Control List”), which includes fifty-seven (57) types of commodities for purpose of export control. The Export to Russia Control List tightens the extent of control on dual-use goods that are likely to be used for proliferation of weapons of mass destruction. The amendment is effective from the date of the announcement.

After Russia’s invasion of Ukraine, starting March 1, 2022, the Ministry of Economic Affairs has conducted close reviews on goods under the Wassenaar Arrangement for exportation to Russia. Now, pursuant to Paragraph 3 of Article 13 of the Foreign Trade Act, the “Export to Russia Control List” is further provided to tighten controls of 57 types of dual-use (military and commercial) goods which may be used for proliferation of weapons of mass destruction.

These 57 types of controlled goods follow the same coding rules as those in the “Export Control List for Dual Use Items and Technology” published by Ministry of Economic Affairs earlier. They both are managed using the same “Export Control Classification Numbers (“ECCN”).” These goods under regulations are the same as many other countries’ goods under control for export control to Russia. Businesses must obtain the export permit for strategic high-tech commodities issued by the Bureau of Foreign Trade beforehand.

For relevant announcements and the High-Tech Commodities List for Exportation to Russia, see:
1. Ministry of Economic Affairs’ announcement (https://gazette2.nat.gov.tw/EG_FileManager/eguploadpub/eg028061/ch04/type1/gov31/num9/Eg.htm
2. High-tech Commodities List for Exportation to Russia (“Export to Russia Control List”) (https://gazette2.nat.gov.tw/EG_FileManager/eguploadpub/eg028061/ch04/type1/gov31/num9/images/BB.pdf)

(By: Sharon Chou, Senior Associate)

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