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Laws and Regulations Retrieving System of Ministry of National Defense, R.O.C.



Title: The Administrative Guidelines of Applying for Product/Services Promotion/Introduction and Registration Procedures for in-country Agents/Representatives of Foreign Companies (2022 . 02 . 11 Amended)Chinese
Article 1
1. Purpose
The guidelines are promulgated to establish an administrative system that has open and transparent procedures for the manufacturers/suppliers to promote and introduce their product and/or services to the military entities of the Ministry of National Defense (hereafter referred to as "MND") and to facilitate military components to well manage and collect on up-to-date information of defense-related product and services from industry in order to enhance effectiveness and quality of overall procurement affairs.

Article 2
2. Applicable Entities
2.1. Domestic or foreign manufacturers
2.2. Domestic or foreign suppliers
The in-country agents or representatives of foreign companies should complete the registration procedures (as Annex 1) with the National Defense Procurement Office (NDPO, MND) before they can proceed with the application for product/services promotion and introduction on behalf of their represented foreign manufacturers and/or suppliers.

Article 3
3. Types of Promotion and Introduction
3.1. Product Briefing and/or Introduction
3.2. Product Demonstration
3.3. Product Trial

Article 4
4. Responsible Authorities
4.1. National Defense Procurement Office (NDPO)
4.1.1. Directing, formulating and administering policies and procedures to the MND Components for implementing on product/services promotion and introduction activities by manufacturers/suppliers.
4.1.2. Coordinating, managing, overseeing, and reviewing overall administrative efforts on product/services promotion and introduction activities by manufacturers/suppliers.
4.1.3. Assisting applicants in import/export licenses and customs clearances for product demonstration and trial.
4.2. Armaments Bureau (AB)
The AB’s Import/Export of “Strategic High-Tech Commodity Task Force” in conjunction with the government competent authority reviews and issues the permits of certificate to the product demonstration and trial applications which involve import/export of “Strategic High-tech Commodities” in complying with relevant laws and regulations.
4.3. The Tri-Services’ Headquarters, Military Police Command, Information Communications Electronic Force Command, All-Out Defense Mobilization Agency.
4.3.1. Supervising, coordinating, conducting and administering its subordinates in reception of the applications for product/services promotion and introduction by manufacturers/suppliers.
4.3.2. Approving the applications of the product/services promotion for briefing, introduction, demonstration and/or trial by manufacturers/suppliers.
4.3.3. Assisting the applicant’s product/services promotion briefing, introduction, demonstration and/or trial in administrative arrangements for schedule, location, personnel security clearance, required equipment and transportation, etc.
4.3.4. Reviewing the application of “List of Import/Export Demonstration/Trial Items (as Annex 2)” which involves the strategic high-tech commodities and submitting the list to the MND (Import/Export of Strategic High-Tech Commodity Task Force) for approval.
4.3.5. Monitoring the applicant’s import/export shipment and clearance for the product of demonstration and/or trial.
4.3.6. Archiving record of actions of the applications of product promotion activities and proceeding with case closures.
4.4. Other subordinates or components under the MND are possessed of the same responsible authorities as the above-mentioned.

Article 5
5. The flow chart of overall procedures for product/services promotion and introduction activities by manufacturers/suppliersis provided in Annex3.

Article 6
6. Special Notes
6.1. All activities of the applicant’s product briefing, introduction, demonstration and/or trial to the military entities shall not be referred as any commitment of future procurements.
6.2. The Service command or the MND components conducts an activity of receiving individual application for the product promotion, if required, may invite personnel from relevant services or the MND components to participate in the event.
6.3. If the individual office under Joint Staff has requirement of receiving application of product promotion activity, with considerations of specific conditions for the case, it may determine to proceed with the effort by itself or to designate a service command to conduct it.
6.4. The types and quantities of the imported items for promotion demonstration and/or trial activities shall be limited to the scopes set forth in the original application purposes. If there is any fraud happened, the applicant will be condemned by relevant laws and regulations and responsible for bearingfull legal liability.
6.5. The applicant, in any way, shall not sell or donate the imported items to any in-country third party or individual after the completion of promotion demonstration and/or trial activity.
6.6. If the applicant disregards the imported items, fails to export the items within the validated timeframe, and/or claims to abandon the ownership of the items after the completion of promotion demonstration and/or trial activity, the responsible service command or the MND component shall report to the original approval authority for further actions. Any incurred cost for handling the items will be fully charged to the applicant (the applicant should provide a written statement along with the application to declare for taking all responsibilities to pay for such cost, if there is any).
6.7. The applicant is responsible for all the insurances and relevant safety measures of the demonstration and/or trial items (the applicant should provide a written statement along with the application to declare for taking all responsibilities to pay for such cost, if there is any).
6.8. The responsible service command or MND component should archiveall the record of actions for the applications of product promotion activities whether the applications are approved or not.
6.9. The responsibilities for allocation of the costs incurred during product promotion activities are as follows (including the consumption on ammunition, parts, fuels, test and equipment depreciation which to support the activities):
6.9.1. With considerations of its mission requirements, if a military entityplans to invite anymanufacturer/supplier to present briefing, demonstration and/or testing, the related expenditures forthe events shall be well allocated by the entity in its annual budget.
6.9.2. For promotion purposes, if the manufacturer/supplier demonstrates to bear all related expenditures for product demonstration and/or trial at its own charges, the request may be initiated by the responsible entity after reviewing and approval process. It is necessary to obtain a written agreement from the applicant and to include a remark in the application to cover the applicant’s obligations for paying all incurred expenses.
6.9.3. During the product demonstration, test and/or trial, in a case of requiringfor military equipment of the MND components, the custodian unit or personnel must clearly notify the applicant of the status of equipment and keep a writtenrecord and agreement of its conditions. If there is any damage to the equipment after the product demonstration, test and/or trial activities, the applicant should be responsible for the compensations of the damages in accordance with the following instructions. If the damages are repairable, the equipment shall be repaired immediately, and all expenses for the recovery will charge to the applicant. If the damages cannot be repaired, the applicant shall compensate for the current value of the equipment. And, the custodian unit will proceed with disposal process in accordance with the “Armed Forces Regulations on Governing Disposal of Abandoned Equipment and Ineffectual Materials”. It is prohibited from allowing the applicant to discard and dispose the damaged equipment. In processing the compensations for damaged equipment (in original or depreciated value), the custodian unit shall report to the responsible authority for approval.