Regulations Governing the Permission and Management of the Export, Research & Development of Imitation Firearms
2024-12-20
手機睡眠
語音選擇
Article 1
The Regulations are enacted in accordance with paragraph 7, Article 20-1 and paragraph 5, Article 20-3 of the Controlling Guns, Ammunition, and Knives Act (hereinafter referred to as the Act).
Article 2
The terms used in the Regulations are denoted as the following:
1. Imitation firearms and their main components: It refers to the imitation firearms and their main components officially promulgated to be banned in accordance with the first paragraph of Article 20-1 of the Act.
2. Manufacturer: It refers to a corporation, limited partnership, or business that is registered in accordance with the Business Registration Act.
1. Imitation firearms and their main components: It refers to the imitation firearms and their main components officially promulgated to be banned in accordance with the first paragraph of Article 20-1 of the Act.
2. Manufacturer: It refers to a corporation, limited partnership, or business that is registered in accordance with the Business Registration Act.
Article 3
Any person, that plans to manufacture, sell, transport, rent, lend, possess, store, or display imitation firearms and their main components, shall apply to become an imitation firearms exporter or manufacturer for their exclusive export, research and development with the following documents submitted to the National Policy Agency (hereinafter referred to as the Agency) of the Ministry of the Interior for approval:
1. A completed application form ;
2. A photocopy of an identity document of the person in charge;
3. The name of the manufacturer and a photocopy of the pre-approved document for business registration.
The documents prescribed in subparagraphs 2 and 3 of the preceding paragraph shall be affixed with the seals of the manufacturer and its person in charge.
The applicant shall register the incorporation or change of the manufacturer within 6 months from the day following the receipt of the approval document granted under the first paragraph.
Within one month after the completion of the registration under the preceding paragraph, the manufacturer shall submit a photocopy of its registration certificate to the Agency for reference.
When the manufacturer prescribed in the first paragraph is applying for approval, its application shall not be granted if its person in charge is under any of the following circumstances:
1. Having been convicted of voluntary manslaughter, aggravated assault, robbery, snatching, sexual offenses, kidnapping for ransom, or of violating the Narcotics Hazard Prevention Act, the Human Trafficking Prevention Act, the Organized Crime Prevention Act, the Fraud Crime Hazard Prevention Act, or having committed an offense other than those prescribed above and having been finally given a minimum punishment of imprisonment.
2. Being placed under guardianship or assistantship which has not yet been terminated.
3. Having violated the Social Order Maintenance Act by using illicit drugs or psychedelic drugs other than controlled medications which at least lead to two rulings that carry punishments.
The manufacturer with approval, whose person in charge has been prosecuted for violating these Regulations, shall have its application filed pursuant to the first paragraph of Article 4 temporarily suspended from the day when the prosecution is launched. If the person in charge is finally found not guilty, the application shall be allowed to be filed pursuant to paragraph 1 of Article 4.
1. A completed application form ;
2. A photocopy of an identity document of the person in charge;
3. The name of the manufacturer and a photocopy of the pre-approved document for business registration.
The documents prescribed in subparagraphs 2 and 3 of the preceding paragraph shall be affixed with the seals of the manufacturer and its person in charge.
The applicant shall register the incorporation or change of the manufacturer within 6 months from the day following the receipt of the approval document granted under the first paragraph.
Within one month after the completion of the registration under the preceding paragraph, the manufacturer shall submit a photocopy of its registration certificate to the Agency for reference.
When the manufacturer prescribed in the first paragraph is applying for approval, its application shall not be granted if its person in charge is under any of the following circumstances:
1. Having been convicted of voluntary manslaughter, aggravated assault, robbery, snatching, sexual offenses, kidnapping for ransom, or of violating the Narcotics Hazard Prevention Act, the Human Trafficking Prevention Act, the Organized Crime Prevention Act, the Fraud Crime Hazard Prevention Act, or having committed an offense other than those prescribed above and having been finally given a minimum punishment of imprisonment.
2. Being placed under guardianship or assistantship which has not yet been terminated.
3. Having violated the Social Order Maintenance Act by using illicit drugs or psychedelic drugs other than controlled medications which at least lead to two rulings that carry punishments.
The manufacturer with approval, whose person in charge has been prosecuted for violating these Regulations, shall have its application filed pursuant to the first paragraph of Article 4 temporarily suspended from the day when the prosecution is launched. If the person in charge is finally found not guilty, the application shall be allowed to be filed pursuant to paragraph 1 of Article 4.
Article 4
Any manufacturer that has met the following requirements, for the purpose of exclusively conducting export or research and development, may file an application with the municipal or county (city) police department of the place where it is located for approval to manufacture, sell, transport, transfer, rent, lend, possess, store, or display imitation firearms and their main components:
1. Having accomplished the registration as per the third paragraph and having filed for future reference as per the fourth paragraph of the previous article ;
2. Having set up a centralized warehouse for imitation firearms and their main components with an AC/DC universal alarm system to prevent theft;
3. Having set up surveillance recording equipment capable of keeping at least 30 days’ records ;
4. The factory, that belongs to or is commissioned by the manufacturer, has registered its establishment or its change, has added manufacturing or processing imitation firearms and their main components as its industry type and its main products and has marked imitation firearms as its main product.
The items covered in the application for approval to manufacture, sell, transport, transfer, rent, lend, possess, store, or display imitation firearms and their main components prescribed in the preceding paragraph and the required documents and information are laid out as follows:
1. Export:
(1) A completed application form ;
(2) A photocopy of the manufacturer’s registration document or the photocopy of the registration document of the factory the manufacturer owns or commissions to manufacture imitation firearms and their main components ;
(3) A photocopy of an export order or a document used to prove such an order, and its Chinese translation if it is in a foreign language ;
(4) The catalogue and Chinese manual of the imitation firearms and their main components in six duplicates with information such as the model number, size, pictures, flat and three-dimensional design of the product and a scale marking ;
(5) Documents proving that the requirements prescribed in subparagraphs 2 and 3 of the preceding paragraph have been fulfilled.
(6) Information such as the names and addresses of subcontractors needed to process products.
(7) Information such as the names and addresses of the businesses that rent, lend, possess, store, or display imitation firearms and their main components.
2. Research and development:
(1) Documents prescribed in sections (1), (2) and (5) of the preceding subparagraph;
(2) Any person, who applies for the importation of imitation firearms and their main components, shall submit the documents prescribed in section (4) of the preceding subparagraph. The quantity for each single application is limited to 2 units for each model number.
(3) Information such as the name and address of the business which rents, lends, possesses, stores, or displays imitation firearms and their main components.
3. Import or export samples: Documents prescribed in sections (1), (2), (4) and (5) of subparagraph 1; the maximum quantity for each application is 2 units for each model number.
4. Retained as samples: Documents prescribed in sections (1), (2), (4) and (5) of the first subparagraph; the maximum quantity for each application is 10 units for each model number; the gun body and barrel of each unit shall be branded or stamp pressed with the word “sample”.
If the documents prescribed in the preceding paragraph are photocopies, they shall be affixed with the seals of the manufacturer and the person in charge.
1. Having accomplished the registration as per the third paragraph and having filed for future reference as per the fourth paragraph of the previous article ;
2. Having set up a centralized warehouse for imitation firearms and their main components with an AC/DC universal alarm system to prevent theft;
3. Having set up surveillance recording equipment capable of keeping at least 30 days’ records ;
4. The factory, that belongs to or is commissioned by the manufacturer, has registered its establishment or its change, has added manufacturing or processing imitation firearms and their main components as its industry type and its main products and has marked imitation firearms as its main product.
The items covered in the application for approval to manufacture, sell, transport, transfer, rent, lend, possess, store, or display imitation firearms and their main components prescribed in the preceding paragraph and the required documents and information are laid out as follows:
1. Export:
(1) A completed application form ;
(2) A photocopy of the manufacturer’s registration document or the photocopy of the registration document of the factory the manufacturer owns or commissions to manufacture imitation firearms and their main components ;
(3) A photocopy of an export order or a document used to prove such an order, and its Chinese translation if it is in a foreign language ;
(4) The catalogue and Chinese manual of the imitation firearms and their main components in six duplicates with information such as the model number, size, pictures, flat and three-dimensional design of the product and a scale marking ;
(5) Documents proving that the requirements prescribed in subparagraphs 2 and 3 of the preceding paragraph have been fulfilled.
(6) Information such as the names and addresses of subcontractors needed to process products.
(7) Information such as the names and addresses of the businesses that rent, lend, possess, store, or display imitation firearms and their main components.
2. Research and development:
(1) Documents prescribed in sections (1), (2) and (5) of the preceding subparagraph;
(2) Any person, who applies for the importation of imitation firearms and their main components, shall submit the documents prescribed in section (4) of the preceding subparagraph. The quantity for each single application is limited to 2 units for each model number.
(3) Information such as the name and address of the business which rents, lends, possesses, stores, or displays imitation firearms and their main components.
3. Import or export samples: Documents prescribed in sections (1), (2), (4) and (5) of subparagraph 1; the maximum quantity for each application is 2 units for each model number.
4. Retained as samples: Documents prescribed in sections (1), (2), (4) and (5) of the first subparagraph; the maximum quantity for each application is 10 units for each model number; the gun body and barrel of each unit shall be branded or stamp pressed with the word “sample”.
If the documents prescribed in the preceding paragraph are photocopies, they shall be affixed with the seals of the manufacturer and the person in charge.
Article 5
The authority processing the applications prescribed in the preceding two articles shall grant or reject the applications within one month following the day when the completed application form and the required documents are received. The municipal or county (city) police department, after granting or rejecting an application, shall inform the Agency of its decision.
if the documents required in an application must be supplemented or corrected, the authority processing the application shall inform the applicant in writing of the need to submit the supplemented or corrected documents within a specified period. The period allowed for supplementing or correcting the documents is additional to the period stated in the preceding paragraph.
if the documents required in an application must be supplemented or corrected, the authority processing the application shall inform the applicant in writing of the need to submit the supplemented or corrected documents within a specified period. The period allowed for supplementing or correcting the documents is additional to the period stated in the preceding paragraph.
Article 6
In relation to any application pursuant to Article 3, if a notice is given to seek supplementation or correction as prescribed in the second paragraph of the preceding article and if such supplementation or correction is not made withinthe specified time period or is so made but the submitted materials remain deficient, the application shall not be approved.
Article 7
If any application as prescribed in Article 4 or the first paragraph of Article 11 has any of the following issues, the application shall be rejected. If the approval is already granted, the approving authority shall cancel the approval:
1. Not exclusively for export or research and development purposes;
2. A breach of subparagraphs 2 to 4, first paragraph, Article 4 ;
3. A discrepancy between the manufactured quantity and that specified in the document under section (3), subparagraph 1, paragraph 2, Article 4;
4. A breach of the quantity limit under subparagraphs 2 to 4, paragraph 2, Article 4 ;
5. Failure to provide supplementations or make corrections within the specified time period as required by paragraph 2, Article 5 ;
6. The approval having been cancelled as per Article 17.
7. The name or address of the person who actually rents, lends, possesses, stores, or displays the imitation firearms and their main components is found to be different from the applicant after being checked.
1. Not exclusively for export or research and development purposes;
2. A breach of subparagraphs 2 to 4, first paragraph, Article 4 ;
3. A discrepancy between the manufactured quantity and that specified in the document under section (3), subparagraph 1, paragraph 2, Article 4;
4. A breach of the quantity limit under subparagraphs 2 to 4, paragraph 2, Article 4 ;
5. Failure to provide supplementations or make corrections within the specified time period as required by paragraph 2, Article 5 ;
6. The approval having been cancelled as per Article 17.
7. The name or address of the person who actually rents, lends, possesses, stores, or displays the imitation firearms and their main components is found to be different from the applicant after being checked.
Article 8
The manufacturer shall a give notice to the approving authority for conduct inspection within 6 months from the day following the receipt of the approval document under Article 4 and shall complete the approved items. The approving authorityshall issue an inspection document after the manufacturer passes inspection.
If the manufacturer is unable to complete the approved items before the deadline under the previous paragraph for any reason, it shall state the grounds in writing and file an application for extension with the approving authority 15 daysbefore the expiry of the deadline. A maximum of two months and a maximum of three extensions may be granted. The original approving authority shall follow Article 5 after receiving the application.
If the manufacturer is unable to complete the approved items before the deadline under the previous paragraph for any reason, it shall state the grounds in writing and file an application for extension with the approving authority 15 daysbefore the expiry of the deadline. A maximum of two months and a maximum of three extensions may be granted. The original approving authority shall follow Article 5 after receiving the application.
Article 9
Manufacturers with approval to manufacture imitation firearms and their main components shall comply with the following requirements:
1. Key components shall be marked with an irreversible identification code on the site designated by the central competent authority.
2. The inside wall of a barrel shall be embedded with irremovable metal rated at HRC 55 to 60 and above on the Rockwell hardness scale.
If a manufacturer fails to comply with the requirements of the preceding paragraph, the original approving authority shall issue a notification for corrections that must be fulfilled within a specified period.
1. Key components shall be marked with an irreversible identification code on the site designated by the central competent authority.
2. The inside wall of a barrel shall be embedded with irremovable metal rated at HRC 55 to 60 and above on the Rockwell hardness scale.
If a manufacturer fails to comply with the requirements of the preceding paragraph, the original approving authority shall issue a notification for corrections that must be fulfilled within a specified period.
Article 10
Before exporting imitation firearms and their main components, the manufacturer shall present the inspection document issued by the original approving authority to the Customs Administration of the Ministry of Finance to apply for customs clearance. The duplicate of the certificate of export shall be submitted to the original approving authority for reference within 7 days following the day when customs clearance and export are accomplished.
Article 11
The manufacturer, that has exported imitation firearms and their main components, and, with justifiable reasons, has to bring them back through import, shall submit a completed application form and the original export approval document to the original approving authority to apply for import approval. The original approving authority shall process the application as per Article 5 after receiving the application.
After having achieved the import, the manufacturer shall give a notice to the approving authority for inspection and, within one year from the day following the receipt of the approval document as prescribed in the preceding paragraph, shall file an application again for export and achieve it in accordance with subparagraph 1, paragraph 2, Article 4. However, no application for an extension of the approved export may be filed in accordance with the second paragraph of Article 8.
After having achieved the import, the manufacturer shall give a notice to the approving authority for inspection and, within one year from the day following the receipt of the approval document as prescribed in the preceding paragraph, shall file an application again for export and achieve it in accordance with subparagraph 1, paragraph 2, Article 4. However, no application for an extension of the approved export may be filed in accordance with the second paragraph of Article 8.
Article 12
After having acquired the approval prescribed in Article 4 and the first paragraph of the preceding article, if the approved items have been changed, the manufacturer shall submit a completed application form, the original approval document and the documents needed to make such change, to the original approving authority to apply for the change. The original approving authority shall process the application in accordance with Article 5 after having received the application.
Article 13
Before the manufacturer transports imitation firearms and their main components around the country, it shall submit the approval document as prescribed in Article 4, the first paragraph of Article 11 or the preceding article and documents specifying information such as the time, destination, storage place, transportation method, packing condition, escort and route to the original approving authority for reference.
Article 14
The manufacturer approved to manufacture, sell, transport, transfer, rent, lend, process, store or display imitation firearms and their main components shall make a list with the following information for the purposes of management and audits:
1. The dates when imitation firearms and their main components are manufactured, sold, shipped, transferred, rented, lent, possessed, stored, or displayed;
2. The approved items ;
3. The day when the approval expires;
4. Other matters needed for an audit.
1. The dates when imitation firearms and their main components are manufactured, sold, shipped, transferred, rented, lent, possessed, stored, or displayed;
2. The approved items ;
3. The day when the approval expires;
4. Other matters needed for an audit.
Article 15
If the place where a manufacturer operates has been changed, the manufacturer shall respectively submit the original approval document and information on the change in writing to notify the municipal or county (city) police departments of both its old and new locations and get the change registered within one month from the day following the change.
Article 16
The police departments may, for the purpose of checking on the imitation firearms and their main components, send their officers to visit the places where they are manufactured, stored, or sold and, when necessary, the officers may be joined by officials from the competent authorities in charge of this business to conduct inspection in compliance with the following instructions:
1. Voluntarily produce the document to prove that this is a performance of duty and explain the purpose of this visit;
2. The inspection scope shall cover the imitation firearms and their main components, spare parts, finished products, semi-finished products, various related records and files with information such as production, inventory, sales, and other areas that need to be inspected;
3. Require the parties concerned to answer questions and demand them to provide information concerning the imitation firearms and their main components;
4. Avoid interfering with the regular business of the place inspected;
5. Keep confidential related business secrets obtained from the inspection.
1. Voluntarily produce the document to prove that this is a performance of duty and explain the purpose of this visit;
2. The inspection scope shall cover the imitation firearms and their main components, spare parts, finished products, semi-finished products, various related records and files with information such as production, inventory, sales, and other areas that need to be inspected;
3. Require the parties concerned to answer questions and demand them to provide information concerning the imitation firearms and their main components;
4. Avoid interfering with the regular business of the place inspected;
5. Keep confidential related business secrets obtained from the inspection.
Article 17
The original approving authority shall revoke the approval if any of the circumstances arises:
1. Failure to satisfy the requirements prescribed in the third paragraph, Article 3 ;
2. Failure to meet the requirements prescribed in Article 15 and failure to address the issue within the designated period;
3. Trying to evade, obstruct or refuse the inspection, inquiry, or provision of information required by the first paragraph of Article 20-3 of these Regulations and failing to address the issue within the designated period;
4. Business dissolution or closure.
If after an application prescribed in Article 3 has been granted, any of the circumstances stated in paragraph 5 of Article 3 occurs, the granted approval shall be revoked or cancelled.
1. Failure to satisfy the requirements prescribed in the third paragraph, Article 3 ;
2. Failure to meet the requirements prescribed in Article 15 and failure to address the issue within the designated period;
3. Trying to evade, obstruct or refuse the inspection, inquiry, or provision of information required by the first paragraph of Article 20-3 of these Regulations and failing to address the issue within the designated period;
4. Business dissolution or closure.
If after an application prescribed in Article 3 has been granted, any of the circumstances stated in paragraph 5 of Article 3 occurs, the granted approval shall be revoked or cancelled.
Article 18
If an application under Article 4 or the first paragraph of Article 11 has been granted and then one of the following circumstances arises, the original granting authority shall revoke the granted license:
1. Failure to fulfill the licensed items within the period set under Article 8 ;
2. Failure to fulfill the corrections prescribed in Article 9 within the designated period.
3. Failure to re-submit an application for a license and fulfill the export in accordance with subparagraph 1, paragraph 2, Article 4 within the period prescribed in paragraph 2, Article 11;
4. Failure to comply with Articles 12 to 14 ;
5. Cancellation of the license in accordance with the preceding article.
1. Failure to fulfill the licensed items within the period set under Article 8 ;
2. Failure to fulfill the corrections prescribed in Article 9 within the designated period.
3. Failure to re-submit an application for a license and fulfill the export in accordance with subparagraph 1, paragraph 2, Article 4 within the period prescribed in paragraph 2, Article 11;
4. Failure to comply with Articles 12 to 14 ;
5. Cancellation of the license in accordance with the preceding article.
Article 19
If a manufacturer is under any of the following circumstances, the police department of the municipality or county (city) where the manufacturer dwells or is located shall forward the imitation firearms and their main components, spare parts, finished products, semi-finished products and samples kept by the manufacturer to the Police Equipment Maintenance Plant of the National Police Agency to be scraped:
1. The license granted as per Article 3, Article 4, or the first paragraph of Article 11 has been revoked or abolished.
2.They are no longer needed;
Under the circumstances prescribed in the first subparagraph of the preceding paragraph, during the period when statutory remedies may be adopted or before the court renders a final judgment on the litigation, all imitation firearms and their main components, spare parts, finished products, semi-finished products or samples that are retained by the manufacturer shall be kept by the local municipal or county (city) police department.
1. The license granted as per Article 3, Article 4, or the first paragraph of Article 11 has been revoked or abolished.
2.They are no longer needed;
Under the circumstances prescribed in the first subparagraph of the preceding paragraph, during the period when statutory remedies may be adopted or before the court renders a final judgment on the litigation, all imitation firearms and their main components, spare parts, finished products, semi-finished products or samples that are retained by the manufacturer shall be kept by the local municipal or county (city) police department.
Article 20
Any person or organization (hereinafter referred to as the owner)that possesses imitation firearms and their main components banned by paragraph 6, Article 20-1 of the Act, shall apply for a license to the police department of the municipality or county (city) where the owner’s household or address is registered. The police department that issues the license shall list the information about the owners, and the imitation firearms and their main components for the purposes of management and annual inspection.
When the owner’s household address or location changes, the owner with the license shall report and register the change to the respective police departments of the municipalities, counties (cities) where the owner has moved in or has left.
If the imitation firearms and their main components prescribed in the first paragraph are lost, the owner shall return the license to the police department of the municipal or county (city) where the owner’s household or address is registered. If the license is lost or damaged, the owner shall apply for a replacement license.
When the owner’s household address or location changes, the owner with the license shall report and register the change to the respective police departments of the municipalities, counties (cities) where the owner has moved in or has left.
If the imitation firearms and their main components prescribed in the first paragraph are lost, the owner shall return the license to the police department of the municipal or county (city) where the owner’s household or address is registered. If the license is lost or damaged, the owner shall apply for a replacement license.
Article 21
The license shall be revoked if any of the following circumstances occurs:
1. The imitation firearm and its main components possessed by the owner are no longer necessary or usable.
2. The owner is deceased or dissolved.
3. While owning the imitation firearm and their main components, the owner is finally sentenced to imprisonment or given a more severe punishment.
4. The owner is placed under guardianship or assistance and this legal status has not been revoked.
5. The owner fails to register the change of address or location more than twice in the same year.
6. The owner lends the imitation firearm and its main components or refuses to comply with the inspection requirement.
7. The owner violates other rules and regulations that owners of imitation firearms and their main components must obey and the violation is serious.
If the owner's license has been revoked, the owner shall hand in the imitation firearms and their main components and the license for cancellation to the police department where the household is registered or the organization is located.
1. The imitation firearm and its main components possessed by the owner are no longer necessary or usable.
2. The owner is deceased or dissolved.
3. While owning the imitation firearm and their main components, the owner is finally sentenced to imprisonment or given a more severe punishment.
4. The owner is placed under guardianship or assistance and this legal status has not been revoked.
5. The owner fails to register the change of address or location more than twice in the same year.
6. The owner lends the imitation firearm and its main components or refuses to comply with the inspection requirement.
7. The owner violates other rules and regulations that owners of imitation firearms and their main components must obey and the violation is serious.
If the owner's license has been revoked, the owner shall hand in the imitation firearms and their main components and the license for cancellation to the police department where the household is registered or the organization is located.
Article 22
These Regulations shall be put in force from the day on which Article 20-2 of this Act is amended and promulgated on January 3, 2024.