Regulations Governing the Certification and Management of the Authorized Economic Operators Article 2

Definitions of terms used in these Regulations are as follows:1. “Authorized Economic Operator” (AEO) refers to economic operator in the supply chain certified by the Customs. There are two types of AEO, namely “General Authorized Economic Operator” (AEOG) and “Security and Safety Authorized Economic Operator” (AEOS).2. “economic operators in the supply chain” refer to economic operators performing the functions of duty-payers, exporters, manufacturers, customs brokers, freight forwarders, shipping agencies, warehouse operators, highway carriers, sea carriers, and air carriers involved in international movement of goods.3. A “record of serious violation of regulations” refers to the commitment of following irregularities within the period specified by these regulations, which results in a sanction decision notice from the Customs. Nonetheless, in the event that a violation is caused by another economic operator in the supply chain or in the event that an acquiring business did not discover, until a merger or acquisition was completed, that the merged business had committed a violation set forth in Item 2 or 3 of this subparagraph prior to the merger or acquisition, such violation shall not be counted in.(1)an recorded act of smuggling;(2)violation of regulations committed as a result of such an act, which causes the amount of tax evaded (customs duties and the taxes collected on behalf of other government agencies), overpaid tax refund, or the fixed-amount fine imposed for a single case or for an aggregate of multiple cases exceeds NTD 500 thousand; and(3)violation of regulations committed as a result of such an act whose value of confiscated goods for a single case or for an aggregate of multiple cases exceeds NTD 1 million.
中文原文 優質企業認證及管理辦法第2條
本辦法用詞定義如下:
一、優質企業:指經海關認證合格之供應鏈業者;優質企業分為一般優質企業及安全認證優質企業。
二、供應鏈業者:指與國際貿易貨物流通有關之納稅義務人、貨物輸出人、製造業、報關業、承攬業、船務代理業、倉儲業、公路運輸業、海運運輸業、空運運輸業等業者。
三、重大違章紀錄:指本辦法所定期間內有下列情事之一,經海關核發處分書者。
但違章情事經證明係因其他供應鏈業者作業疏失所致者,或企業於併購後始發現被併購公司於併購前有本款第二目及第三目之情事者,免予採計:
(一)私運紀錄。
(二)違章情事致所漏稅額(關稅及海關代徵稅款)、溢沖退稅額或定額罰鍰單計或合計逾新臺幣五十萬元。
(三)違章情事致沒入貨物價值單計或合計逾新臺幣一百萬元。

English translation for reference only; the Chinese text prevails. Not legal advice.