Definition: The Certificate to Foreign Government is a certificate issued by the central health competent authority in the country where the medical device is manufactured. The content shall state the name and the address of the manufacturer, the name of medical device, the specifications and model of medical device, the circumstances of manufacture, and the certification of approval for sale in the country. This is a document that is necessary for the application for registration of medical devices. This document may be referred to as the following names by foreign governments: Certificate to Foreign Government, Certificate of Free Sale, Free Sale Certificate, etc. For the actual format, please refer to the example of Certificate to Foreign Government and example of Certificate of Eligible Sale in the EU on the webpage “original Certificate to Foreign Government issued by the country of manufacture (exempted for domestically manufactured devices) (including examples)” on the Administration’s website.
Contract Manufacture: If the imported medical device is a contract manufactured product and is not sold in the country where the commissioned manufacturer is located, the Certificate to Foreign Government can be replaced by (1) the Free Sale Certificate issued by the country of the commissioning manufacturer and (2) the manufacture certificate issued by the country where the commissioned manufacturer is located. For example, product B is a product of a US-based company but is manufactured by a commissioned manufacturer in Japan. If product B has been approved for sale in Japan, the applicant shall submit the Certificate to Foreign Government issued by Japan’s highest health competent authority (Ministry of Welfare). If product B has not been sold in Japan, the applicant should submit the manufacture certificate (including the name and the address of the manufacturer, the name of medical device, the specifications and model, the circumstances of manufacture, and excluding “approved for sale in the country”) issued by Japan’s highest health competent authority and the Free Sale Certificate (including the name and the address of the manufacturer, the name of medical device, the specifications and model and the certification of approval for sale in the country) issued by the US’s highest health competent authority (Food and Drug Administration, i.e. FDA).
Precautions: The validity of the aforementioned Certificate to Foreign Government, Manufacture Certificate and Free Sale Certificate shall be limited to two years from the date on which they are issued and shall be notarized by an overseas organization (such as Taiwan's embassy or consulate, representative office, other official office, or overseas organization in that country authorized by the Ministry of Foreign Affairs, etc.; the Certificate to Foreign Government issued by China has to be notarized at the Straits Exchange Foundation). If the certificates are not in English (e.g. Spanish, Japanese, Portuguese, etc.), Chinese or English translations shall be attached and the translations shall be notarized as well.
Use of photocopies: Sometimes a Certificate to Foreign Government may include several products. The applicant can attach the original in the first application and use photocopies for other applications. However, the applicant shall make a note stating which case number the original copy is attached to on photocopies so that the reviewers can verify it.