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Measures on the Administration of Shipping Across the Taiwan Strait
(Promulgated by Decree No.6 of the Ministry of Communications on
August 19,1996)
Article 1 For the purpose of facilitating the
development of the shipping industry across the Taiwan Strait, maintaining a normal
shipping order, and developing the cross-Strait economic and trade relations, these
measures are formulated in accordance with the principle of "one China, direct
two-way shipping, mutual benefit and mutual preference."
Article 2 These measures are applicable to direct
cargo and passenger shipping between the ports of the Chinese mainland and those of the
Taiwan region (hereinafter referred to as cross-Strait shipping).
Article 3 Cross-Strait shipping belongs to the range
of domestic transportation under special administration.
Article 4 The Ministry of Communications of the
People's Republic of China (hereinafter referred to as the Ministry of Communications) is
the competent authority in charge of the matters relating to cross-Strait shipping.
Article 5 If approved by the Ministry of
Communications, the ships owned or operated by the shipping companies which have been
registered in the Chinese mainland and the Taiwan region and possess the following
qualifications may engage in cross-Strait shipping:
1. The solely-owned shipping companies of the Chinese mainland or the
Taiwan region;
2. The equity joint ventures as formed by shipping companies from the
Chinese mainland and the Taiwan region.
Article 6 In applying for engaging in cross-Strait
shipping, the local shipping companies registered in the Chinese mainland shall submit the
application to the competent departments of communications of various provinces,
autonomous regions and municipalities directly under the Central Government where the
companies are situated for examination and approval, and then to the Ministry of
Communications for approval; the shipping companies subordinated to various departments of
the State Council shall submit the application to the relevant competent departments for
examination, and then to the Ministry of Communications for approval.
The shipping companies registered in the Taiwan region of China shall
entrust their shipping agencies in the mainland with the responsibility of submitting the
application, which shall be forwarded to the competent departments of communications of
various provinces, autonomous regions and municipalities directly under the Central
Government where the agencies are situated for examination and approval, and then to the
Ministry of Communications for approval.
Article 7 A shipping company applying for engaging in
cross-Strait shipping shall submit the following documents:
1. Application;
2. Data of ships;
3. A sample bill of lading;
4. Other documents as required by the Ministry of Communications.
Article 8 The Ministry of Communications shall decide
on approval or disapproval within 45 days upon receipt of the application, and notify the
applicant of its decision in the written form.
Article 9 The Ministry of Communications shall issue a
License for Water Way Transportation across the Taiwan Strait and a Business License for
Shipping across the Taiwan Strait to the approved cross-Strait shipping company and its
ships.
The above-mentioned licenses shall be valid for 1 year.
Article 10 Without the approval of the Ministry of
Communications, foreign shipping companies shall not be allowed to engage in direct
two-way or transit cargo and passenger shipping across the Taiwan Strait.
Article 11 The ports and the shipping agencies of the
mainland which provide services to cross-Strait shipping shall be approved and announced
by the Ministry of communications.
Without approval, none of the ports and shipping agencies of the
mainland shall be allowed to engage in the businesses relating to cross-Strait shipping.
Article 12 No port authority departments shall be
permitted to go through the formalities concerning the entry into or exit from the ports
for the ships engaging in cross-Strait shipping without approval of the Ministry of
Communications, and the Ports shall not be allowed to load and unload cargo for these
ships, and the shipping agencies shall be forbidden to conduct freight forwarding business
for them.
Article 13 When a shipping company is, in violation of
the stipulations of Articles 5 and 11, engaged n cross-Strait shipping without approval,
the Ministry of Communications shall serve it a warning and confiscate its unlawful
income.
Article 14 When an operator of port or a shipping
agency in violation of Article 12, provides relevant services for the ships of the
shipping companies without the business license for cross-Strait shipping, the Ministry of
Communications shall serve it a warning and confiscate unlawful income; those which are in
serious violation of these measures shall, apart from receiving the above-mentioned
punishments, be disqualified from engaging in the businesses relating to cross-Strait
shipping.
Article 15
These measures shall come into force as of
August 20, 1996.
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