Industrial Policy & Trade Monitor· 2665 actions· ✨ 90 recent

The Legislative Yuan of Taiwan (ROC) passed amendments to Article 22 of the Statute for Industrial Innovation (產業創新條例) and added a new Article 67-3 on third reading on 18 April 2025, promulgated by Presidential Decree on 7 May 2025. The package establishes for the first time a Taiwanese OUTBOUND-investment screening regime under the Statute: outbound investments by Taiwanese entities meeting the amount threshold (NTD 1.5bn, or lower as determined) OR involving designated countries/regions OR specific industries or technologies must obtain prior approval from the Ministry of Economic Affairs (MOEA) before implementation. The competent authority may deny approval (in whole or in part) or impose conditional approval where particular circumstances are identified — including risks to national security, harm to economic development or supply-chain resilience, conflict with international treaties, or violation of labour-standards law. The new Article 67-3 establishes enforcement penalties ranging from NTD 50,000 to NTD 1,000,000 for initial non-compliance violations and NTD 500,000 to NTD 10,000,000 per violation for failure to comply with conditions, restrictions, or undertakings imposed by MOEA under Article 22 Paragraph 3. Effective dates of implementing provisions are to be determined by Executive Yuan secondary legislation; the package is structurally novel for Taiwan — the first horizontal outbound-investment-security instrument and the structural parallel to the US Treasury Final Rule on Outbound Investment in Countries of Concern (28 October 2024 / effective 2 January 2025), the EU Commission Recommendation 2025/63, and Korea's MOTIE NCT regime.

The Legislative Yuan of Taiwan (ROC) passed amendments to Articles 10-2 and 72 of the Statute for Industrial Innovation ("產業創新條例") on third reading on 7 January 2023. The amendment, internationally termed the "Taiwan Chips Act," is implemented from 1 January 2023 to 31 December 2029. Article 10-2 grants Taiwan-registered companies that occupy key positions in international supply chains a 25% investment tax credit on qualifying forward-looking innovative R&D expenditure (capped at 30% of the year's profit-seeking enterprise income tax payable), plus a 5% credit on the purchase of brand-new machinery or equipment used in own-account advanced manufacturing processes (also capped at 30%). Eligibility thresholds set by the Ministry of Finance require annual R&D spend of at least NT$6bn, R&D intensity (R&D / net operating revenue) of at least 6%, and an effective tax rate of at least 15% (12% for FY2023 only); the 5% equipment credit additionally requires equipment expenditure of at least NT$10bn. The measure is Taiwan's principal supply- side response to the US CHIPS Act, the EU Chips Act, the K-Chips Act, and Japan's METI subsidy programme, and is designed to retain TSMC, MediaTek, and other leading-edge silicon investment onshore as overseas subsidies pull capacity to Arizona, Kumamoto, Dresden, and elsewhere.

Effective 17 August 2020 (published in the Federal Register 20 August 2020, Vol. 85 No. 162, FR Doc 2020-18213), BIS implemented three simultaneous measures targeting Huawei's global supply chain. First, 38 non-U.S. affiliates of Huawei Technologies Co., Ltd. were added to the Entity List with the most restrictive license review policy (presumption of denial) and designated under footnote 1, extending the Huawei-specific Foreign-Produced Direct Product Rule (FDPR) to their operations. Second, the Temporary General License (TGL), which since May 2019 had authorized limited ongoing transactions with Huawei (network maintenance, software updates, standards participation), was allowed to expire on 13 August 2020 and replaced with a narrower authorization. Third, BIS expanded the scope of the Huawei FDPR (General Prohibition Three) to cover foreign-produced items when a footnote 1 entity is a party to any transaction or when the item will be used in the production or development of products for any footnote 1 entity, closing the design-house loophole that had allowed TSMC to supply HiSilicon/Kirin chips as long as Huawei was not the direct importer.