Hi Ed, meant to reply earlier.
I looked into this issue when we set this site up and put together the Dual Citizenship and Will Get I Drafted sections of the Legal Matters.
I’m not sure what you mean by “when you come in to Taiwan with an American passport (dual citizen) but Taiwan counts it as your Overseas Chinese ROC passport…”
Can you clarify the procedure you went through at Immigration when you came into the R.O.C.?
I am fairly certain that when you ENTER the R.O.C., you may only have ONE passport stamped. I believe (but don’t hold me to this) that this is an international policy, not one specific to Taiwan.
On the otherhand, when you EXIT the country, you may have more than one passport stamped.
I don’t see how, if you entered the R.O.C. with your U.S. passport, that they could have simultaneously logged you with your R.O.C. passport in their computer systems.
The other thing to keep in mind is that passports identify you when you are OUTSIDE OF THE ISSUING COUNTRY… meaning that your U.S. passport does you no good IN the U.S. (except serve as an ID to buy liquor and get into clubs perhaps )
Likewise, having an R.O.C. passport (“Overseas” or otherwise) is pretty much useless while you are IN Taiwan. You still can’t seek legal employment here without an R.O.C. ID or work visa or other legal RESIDENT status, can’t vote, etc.
Your ARC represents you here when you entered the R.O.C. as a U.S. citizen (which is a complementary document should you want to apply for a work permit), i.e., a foreigner. It is not applicable if you enter with your R.O.C. passport, and without an R.O.C. ID, you may not work legally AND you must leave the country regularly as per immigration policy.
That being said, I would strongly suggest that you go directly to the source - National Conscription Administration - to confirm. The Immigration department may not know all the details with regards to conscription guidelines.
I make it a habit never to ask 3rd parties, even related gov. depts, about legal policies such as these because people will give you all kinds of answers and SOUND LIKE THEY KNOW WHAT THEY ARE TALKING ABOUT when they really do not (something about saving face and not wanting appear “unsmart”). It gives a false sense of confidence and then creates a lot of frustration should you find out otherwise.
Always go to the source and ask 3+ people the same question. Once you start getting the same answers you know you’re pretty safe.
Last but not least, know that the policies of the Conscription Administration are not NATIONAL policies but rather specific to the internal organization.
Their policies are subject to change without notice (though changes are usually posted in the newspapers in Chinese and mentioned in the local news) and yes, ABC and CBC guys have been known to get drafted against their choice.