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Regulations Governing The Approval and Administration of Direct
Cross-Strait Sea Transport Between the Taiwan Area and the Mainland Area |
Regulations
Governing The Approval and Administration of Direct Cross-Strait Sea
Transport Between the Taiwan Area and the Mainland Area
Promulgated on December 12, 2008
In case of discrepancies between the Chinese text and English translation, the Chinese text shall prevail.
Article 1
These
Regulations are enacted pursuant to Article 28, Paragraph 3 of Article
29, and Paragraph 3 of Article 30 of the Act Governing Relations
Between Peoples of the Taiwan Area and the Mainland Area.
Article 2
The ports opening for direct cross-strait transport between the Taiwan Area and the Mainland Area as follows:
1. International commercial ports.
2. Domestic commercial ports.
3. Industrial ports.
The
ports referred to in the preceding paragraph shall be publicly
announced after being reported to the Executive Yuan for designation by
the Ministry of Transportation and Communications (MOTC), and published
in a governmental gazette.
Article 3
A vessel approved to
engage in direct cross-strait carriage of passenger and cargo between
the Taiwan Area and the Mainland Area pursuant to These Regulations
shall be limited as follows:
1. A vessel with the capital of either side of the Taiwan Straits, and that is registered on both sides;
2. A vessel with the capital of either side of the Taiwan Straits, and that is registered in Hong Kong;
3.
Foreign vessels operated by vessel carriers registered in the Taiwan
Area or the Mainland Area are already engaging in offshore shipping
center transport or cross-strait third-area container liner transport,
or sand and gravel transport prior to the implementation of these
regulations.
Foreign vessels other than the vessels referred to in
Item 3 of the preceding paragraph have filed an application to the
local navigation authorities may navigate between the ports between the
Taiwan Area and the Mainland Area only after the application has been
forwarded to and approved by the MOTC.
Article 4
Vessel carriers
registered in the Taiwan Area or the Mainland Area applying for the
direct cross-strait carriage of passengers and cargo shall enclosed a
direct cross-strait carriage application form, concurrently with the
business plan (BP), shipˇs particulars and other relevant documents to
apply to the local navigation authorities for examining and submitting
to MOTC for approval. Upon the approval by the MOTC, the foregoing also
applies to foreign vessels.
The approval referred to in the
preceding paragraph has the term of two (2) years. Reapplication and
application for changes must be submitted thirty (30) days before
expiration.
The vessel carriers shall commence the operation in four
(4) months after the granting of the approval. Failure to comply with
the foregoing, the operating approval shall be revoked by the MOTC
through the report from the local navigation authorities.
The
provisions prescribed in the foregoing three Paragraphs shall apply to
the vessel carriers in Taiwan Area operating the navigation business
from the third-area to the Mainland Area.
Article 5
Unless a
branch office has been established in the Taiwan Area, the vessel
carriers registered in the Mainland Area or the foreign vessel carriers
must authorize shipping agents of the Taiwan Area to operate the
business.
The Articles 35 and 36 of the Shipping Law also apply
mutatis mutandis to the Taiwan branch offices of the vessel carriers of
the Mainland Area.
Article 6
The vessel carriers applying for
conducting Liner Service between the Taiwan Area and the Mainland Area
shall enclose an application form, concurrently with the business plan
(BP), list of vessels, a schedule of voyage and other relevant
documents to apply to the local navigation authorities for examining
and submitting to MOTC for approval.The foregoing also applies to the
approvalcations for changes,
The vessel carriers applying for
conducting Non-Liner Services between the Taiwan Area and the Mainland
Area shall, by vessel and by voyage, apply separately for a navigation
approval of the local navigation authorities;The foregoing also
applies to the approvalcations for changes,
Article 7
Upon
entering and exiting the ports of direct cross-strait transportation in
the Taiwan Area, vessels engaging in direct cross-strait carriage shall
switch on the international maritime communications channel during the
whole course and equip with the Automatic Identification System (AIS).
Article 8
The
vessels registered in the Mainland Area shall not fly their flag on the
stern and mainmast of the vessel between entering and leaving the
direct transport ports in the Taiwan Area, but shall fly their company
flag for vessel identification.
Article 9
The navigation
routes that vessels enter or exit the ports of the direct cross-strait
transportation in the Taiwan Area may be designated by the MOTC in
consultation with relevant authorities on the basis of real demand, and
shall be publicly announced and published in a government gazette.
Vessels must navigate according to the designated routes.
Article 10
For
the vessels, passengers and cargo refering to the direct cross-strait
carriage between the Taiwan Area and the Mainland Area, entering or
exiting the ports opening for direct cross-strait transport in Taiwan
Area, the fees in accordance with provision of the general operation of
the ports shall be paid.
Article 11
The vessel carriers or
their agencies shall, no later than 10th day of each month, prepare the
vessels data for direct navigation and statistic data of
carriage/transportation that they operate or entrusted in the previous
month according to the format prescribed by the MOTC, and report to the
local navigation authorities.
Article 12
In case of violation
of the provisions of Article 7, 9 or Article 11 of These Regulations,
the MOTC may order the vessel carriers to correct such violation or
suspend the partial operation of their business; if the circumstance of
violation is serious, a forcible correction within a specified period
and a possible suspension of the part of its commmerce.
Article 13
The
matters regarding the approval and administration under These
Regulations may be exercised by the local navigation authorities
delegated by the MOTC.
Article 14
These Regulations shall come into force on the date of promulgation.
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