Annotated Republic of China Laws/Immigration Act/Article 6

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Immigration Act Republic of China (Taiwan) Law Article 6

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Promulgated amendment on 2003-02-06

Article 6

Nationals shall be denied or banned from exiting the State if they:

1. Have been sentenced to punishments of imprisonment or greater after exhaustion of their appellate rights and have not served or have not completed the term of sentence; or

2. Have been wanted or have been restricted from exiting the State at the request of the civilian or military judicial authorities; or

3. Have been strongly suspected, on the basis of sufficient factual evidence, to endanger national security or social stability; or

4. Have been strongly suspected to be involved in rebellion or treason and have been restricted from exiting the State at the request of the authorities concerned; or

5. Have been strongly suspected to be involved in major economic crimes or major criminal cases and have been restricted from exiting the State at the request of the authorities concerned; or

6. Have been waiting for conscription or have not completely fulfilled their military service obligation except if permitted to exit the State in accordance with law; or

7. Have used a passport, flight crew I.D., seaman service book, or entry and exit permit that has been illegally acquired, counterfeited, or tampered with, or that belongs to another person; or

8. Have failed to have their passports, flight crew IDs, seaman service books, or entry and exit permits inspected in accordance with Article 4; or

9. Have been restricted or banned from exiting the State by other laws.

The subparagraph one and nine of the preceding paragraph do not apply to individuals under protective control who have been allowed to go abroad by the juvenile court judge or the prosecutor.

Nationals denied or banned from exit pursuant to paragraph one shall be notified in writing of the reasons for denial or ban the notification that someone is now wanted by the police should be promulgated publicly, effective upon the publication of the notice. Yet the notification that a juvenile is being wanted by the police must not be announced publicly.

The Authority shall organize a review committee composed of generally recognized impartial people to review cases decided pursuant to subparagraphs 3 and 4 of the first paragraph and allow the nationals concerned to exit the State, provided that the committee approves it after the review. The organization of the committee and its agenda shall be determined by the relevant authorities.

Standards for determining the definitions of major economic crimes or criminal cases mentioned in subparagraph five of paragraph one shall be established by the relevant authorities in collaboration with the Ministry of Justice.

Promulgated full amendment on 2007-12-26, effective 2008-08-01

Article 6

Nationals shall be prohibited from exiting the State if they fall any of the following circumstances:

1. Have been sentenced to punishment of imprisonment or greater and have not served or completed the term of sentence.

2. Have been wanted.

3. Have been restricted from exiting the State by the judicial authorities or military authorities due to their cases.

4. Have been strongly suspected, on the basis of sufficient factual evidence, to endanger national security or social stability.

5. Have been strongly suspected to be involved in turmoil or foreign aggression.

6. Have been strongly suspected to be involved in major economic crimes or major criminal cases.

7. Have been waiting for conscription or have not completely fulfilled their military service obligation except if permitted to exit the State in accordance with laws and orders.

8. Have used a passport, flight crew I.D., seaman service book, or entry and exit permit that has been illegally acquired, counterfeited, or tampered with, or that belongs to another person.

9. Have failed to have their passports, flight crew IDs, seaman service books, or entry and exit permits inspected in accordance with Article 4.

10. Have been restricted or banned from exiting the State by other laws.

National Immigration Agency shall approve an individual under protective control, who has been allowed to go abroad by the juvenile court judge or the prosecutor, to exit the State.

When any person who is prohibited to exit the State in accordance with Subparagraph 2, Paragraph 1 exits the State and such a matter is found out by National Immigration Agency at the inspection of the person, the Agency shall notify judicial authorities and police authorities under their jurisdiction to deal with the matter. When any person who is prohibited to enter the State in accordance with the same provision enters the State, the same procedure shall also apply to him/her. Where any person who is prohibited to exit the State in accordance with Subparagraph 8, Paragraph 1 exits the State and such a matter is found out by National Immigration Agency at the inspection of the person, the Agency shall arrest him/her immediately and transfer him/her to judicial authorities.

Judicial authorities or military authorities shall notify National Immigration Agency of the circumstances on exit of the State prohibited by Subparagraphs 1 and 3 to 6, Paragraph 1. Each functional authority shall notify National Immigration Agency of the circumstances set forth in Subparagraph 10.

Promulgated amendment on 2011-11-23, effective 2011-12-09

Article 6

Nationals shall be prohibited from exiting the State if they fall any of the following circumstances:

1. Have been sentenced to punishment of imprisonment or greater and have not served or completed the term of sentence.

2. Have been wanted.

3. Have been restricted from exiting the State by the judicial authorities or military authorities due to their cases.

4. Have been strongly suspected, on the basis of sufficient factual evidence, to endanger national security or social stability.

5. Have been strongly suspected to be involved in turmoil or foreign aggression.

6. Have been strongly suspected to be involved in major economic crimes or major criminal cases.

7. Have been waiting for conscription or have not completely fulfilled their military service obligation except if permitted to exit the State in accordance with laws and orders.

8. Have used a passport, flight crew I.D., seaman service book, or entry and exit permit that has been illegally acquired, counterfeited, or tampered with, or that belongs to another person.

9. Have failed to have their passports, flight crew IDs, seaman service books, or entry and exit permits inspected in accordance with Article 4.

10. Have been restricted or banned from exiting the State by other laws.

National Immigration Agency shall approve an individual under protective control, who has been allowed to go abroad by the juvenile court judge or the prosecutor, to exit the State.

When any person who is prohibited to exit the State in accordance with Subparagraph 2, Paragraph 1 exits the State and such a matter is found out by National Immigration Agency at the inspection of the person, the Agency shall notify judicial authorities and police authorities under their jurisdiction to deal with the matter. When any person who is prohibited to enter the State in accordance with the same provision enters the State, the same procedure shall also apply to him/her. Where any person who is prohibited to exit the State in accordance with Subparagraph 8, Paragraph 1 exits the State and such a matter is found out by National Immigration Agency at the inspection of the person, the Agency shall arrest him/her immediately and transfer him/her to judicial authorities.

Judicial authorities or military authorities shall notify National Immigration Agency of the circumstances on exit of the State prohibited by Subparagraphs 1 to 3, Paragraph 1. Each functional authority shall notify National Immigration Agency of the circumstances set forth in Subparagraphs 4 to 6 and Subparagraph 10.

Any person prohibited from exit pursuant to Subparagraph 1 and Subparagraphs 3 to 6 shall be notified in writing of the reasons for such prohibition by National Immigration Agency after the Agency is notified by each functional authority, save any person who is prohibited from exit pursuant to Subparagraph 2 or Subparagraph 8, Paragraph 1. Any person who is restricted or prohibited from exit pursuant to Subparagraph 10 shall be notified in writing of the reasons for such restriction or prohibition by each functional authority. When any person who is prohibited to exit the State pursuant to Subparagraphs 7, 9 and 10 exits the State and such a matter is found out by National Immigration Agency at the inspection of the person, the Agency shall provide reasons in writing to the person and prohibit him/her from exiting the State.