ARTICLES
Medical Device Exports During Administrative Sanctions or After GMP Expiry.
A suspension of manufacturing or importing prohibits the affected activity, while domestic sales and exports may remain possible. A sales suspension allows manufacturing and importing but prohibits domestic sales. Export eligibility requires case-specific assessment because the legislation and MFDS interpretations may differ.
Key Requirements
- Manufacturing/import suspension: The affected devices cannot be manufactured or imported; domestic sales and exports may remain possible.
- Sales suspension: Manufacturing/importing may continue, but domestic sales are prohibited. Exports are generally restricted, with differences in interpretation.
- Expired GMP certification: Manufacturing/importing and exports may remain possible, but domestic sales are prohibited.
- Export-only devices may follow simplified registration procedures; an export-only import authorisation may also be available.
Practical Implications
- Exports and domestic sales have different legal definitions, so exports may be possible under specified conditions despite an administrative sanction or expired GMP certification.
- The circumstances may require an MFDS interpretation or legal review, and separate export-only manufacturing or import authorisation may be needed.
- In particular, differing interpretations of exports during a sales suspension may lead to legal disputes.
Conclusion
- Exports may remain possible in some circumstances involving administrative sanctions or expired GMP certification. Consult MFDS or legal counsel to determine the permitted scope of activities.
- Before exporting, review the relevant legislation and administrative guidance to manage regulatory risks.
Contact BCG for further information.
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