Mainland Affairs Council

Regulations Governing the Trial Operation of Transportation Links Between Kinmen/Matsu and the Mainland Area　(PDF)

Full text of 36 articles enacted and promulgated pursuant to the Order of the Executive Yuan Ref. No. (89)-Tai-Mi-Tze-35051 dated December 15, 2000;

Amendment of Articles 10, 12, 13, 14, 20, 26 and 27 promulgated pursuant to the Order of the Executive Yuan Ref. No. (90)-Tai-Mi-Tze-048385 dated September 19, 2001; addition of Article 20-1 promulgated pursuant to the Order of the Executive Yuan Ref. No. (90)-Tai-Mi-Tze-078548 dated December 31, 2001 to extend the trial operation period by one year from January 1 to December 31, 2002;

Amendment of Articles 10, 15, and 25 through 27, and addition of Articles 10-1, 10-2, and 35-1 promulgated pursuant to the Order of the Executive Yuan Ref. No. Tai-Mi-Tze-0910038435 dated July 31, 2002; implemented since August 1, 2002;

Promulgation of the Order of the Executive Yuan Ref. No. Tai-Mi-Tze-0910092923 dated December 30, 2002 to extend the trial operation period by one year from January 1 to December 31, 2003;

Amendment of Article 14 promulgated pursuant to the Order of the Executive Yuan Ref. No. Tai-Mi-Tze-0920061568 dated November 18, 2003; implemented since November 20, 2003;

Amendment of Articles 1, 5, 6, 7, 10, 10-1, 10-2, 11, 12, 13, 15, 17, 23, 35, 35-1 and the attached form of Article 27, and addition of Article 12-1 promulgated pursuant to the Order of the Executive Yuan Ref. No. Tai-Mi-Tze-0930082484 dated March 1, 2004; implemented since March 1, 2004;

Amendment of Article 10,10-1,10-2 promulgated pursuant to the Order of the Executive Yuan Ref. No. Tai-Lu-Tze-0950019133 dated April 28, 2006; implemented since May 1, 2006

Amendment of Articles 10, 10-1, 10-2, 12, and 36 promulgated pursuant to the Order of the Executive Yuan Ref. No. Tai-Lu-Tze-0950095723 dated December 29, 2006

Amendment of Articles 10, 10-1, 10-2, 12, 14, 15, 17, and 19 promulgated pursuant to the Order of the Executive Yuan Ref. No. Tai-Lu-Tze-0960014012 dated March 31, 2007; implemented since March 31, 2007

Amendment of Articles 4, 11 through 14, 20 promulgated per the Order of the Executive Yuan Ref. No. Tai-Fa-Tze-1030066170 dated December 4, 2014. The Act shall become effective on January 1, 2015.

The authorization and duties of paragraph 1, 2, 3, 4 of article 10, the paragraph 2, 3 of article 11, paragraph 1, 2, 5 of article 12, paragraph 1 of article 13, paragraph 1, 3, 5 of article 14 and paragraph 1 of article 15 of the Executive Yuan Ref. No. Tai-Gui-Tze-1030158355 promulgated on December 26, 2014 were under jurisdiction of the National Immigration Agency of the Ministry of the Interior jurisdiction since January 2, 2015.

Article 1

The Regulations are enacted in accordance with Article 18 of the Act of Outlying Islands Development (hereafter the ct? and Paragraph 2 of Article 95-1 of the Act Governing Relations Between Peoples of the Taiwan Area and the Mainland Area.

Article 2

The ports for the trial operation of transportation links in accordance with the Regulations shall be publicly announced after being designated by the Executive Yuan, upon the report and request of the Ministry of Transportation and Communications (MOTC), as ports of cross-Strait transportation links on outlying islands.

Article 3

A vessel registered with the R.O.C. or with Mainland China, upon application and approval, may navigate between the ports of cross-Strait transportation links on outlying islands and the ports of the Mainland Area approved by the MOTC. Upon special authorization, the foregoing also applies to foreign-registered vessels.
With regard to vessels registered with Mainland China, matters to be complied with upon entry and exit of the ports of cross-Strait transportation links on outlying islands and during the time when the vessels are at berth may be separately prescribed by the MOTC or the relevant authorities.

Article 4

Shipping operators operating regularly-scheduled shipping routes between the ports of cross-Strait transportation links on outlying islands and the ports of the Mainland Area shall file an application in accordance with the Shipping Law to local navigation authorities and shall come into operation only after the application has been forwarded to and approved by the MOTC.

Shipping operators of the Mainland Area shall obtain the services of shipping agencies of the Taiwan Area to apply for the aforesaid approval.

Article 5

Shipping operators operating non-regular shipping routes and falling outside the scope of the business referred to in the preceding Article shall, for each vessel and voyage, apply separately for a navigation permit to the navigation authorities of the ports of cross-Strait transportation links on outlying islands.

Article 6

A fishing vessel registered at Kinmen or Matsu before the Regulations take effect may apply to the local county government for permission for cross-Strait transportation of aquatic products between Kinmen/Matsu and the Mainland Area but only after filing an application to change the intended use of vessel in accordance with the Law of Ships and after having its fishing license revoked or upon approval of business suspension, provided that conditions for granting permission to transport aquatic products shall be prescribed by the local county government.

Those receiving compensation for transporting aquatic products in accordance with the preceding Paragraph shall separately apply, in accordance with the Shipping Law and related regulations, to the navigation authorities for business permit.

A fishing vessel registered at Kinmen or Matsu as prescribed in Paragraph 1 above may navigate to the Mainland Area after a permit is obtained. The conditions for such permit shall be drafted by the local county government for submission to the central competent authorities for approval.

Article 7

Any vessel entering or exiting the ports of cross-Strait transportation links on outlying islands shall navigate according to designated routes.

The navigation routes referred to in the preceding Paragraph shall be designated by the MOTC in consultation with related authorities and shall be publicly announced by the MOTC.

In case of violation of the provisions of Paragraph 1 above, the navigation license of the vessel in question may be revoked and, depending on the circumstances of the violation, the applications for shipping permits for other vessels filed by the owner of the said vessel may be rejected.

Article 8

Upon entering and exiting the ports of cross-Strait transportation links on outlying islands, a vessel shall switch on the international maritime communications channel and shall, in accordance with the rules of the MOTC, install the automatic vessel monitoring system or electronic identification device within the prescribed time limit.

Article 9

For vessels entering and exiting the ports of cross-Strait transportation links on outlying islands, matters regarding port and warehouse administration shall be handled in accordance with the administrative rules of respective ports and warehouses.

Article 10

Any people of the Taiwan Area who has household registration in Kinmen, Matsu, or Penghu for more than six months may apply to the Service Post in Kinmen, Matsu, or Penghu established by the National Immigration Agency (NIA) under the Ministry of the Interior (hereafter the ervice Post? for an entry/exit permit and may enter or exit the Mainland Area via Kinmen or Matsu after the said permit is verified.

Any people of the Taiwan Area who qualifies under any of the following may apply to the Service Post for an official stamp to be affixed on the passport, which stamp shall entitle the passport holder, upon presentation and verification, to enter or exit the Mainland Area via Kinmen or Matsu:

1. Being the responsible person or an employee of an enterprise that is permitted by the Ministry of Economic Affairs to invest in the Mainland Area, or the spouse or lineal blood relatives of the said responsible person or employee.

2. Being the children of the responsible person or an employee of an enterprise investing in the Mainland Area or the children of a Taiwanese employee employed in the Mainland Area by a foreign corporation, and such children study in an educational institution in Kinmen and or Matsu. The foregoing shall also apply to the lineal blood relatives of said children.

3. Being born in the Mainland Area, or being a veteran whose place of birth is in the Mainland Area.

4. Being born in Kinmen or Matsu, or being the people of the Taiwan Area and had household registrations in Kinmen or Matsu at any time prior to December 31, 2000.

5. Being the spouse, lineal relatives, collateral blood relatives within the second degree, or the spouse and minor children of collateral blood relatives within the second degree of the person described in the preceding Paragraph or Subparagraph and traveling with the said person; or the spouse or lineal relatives of the person described in the third Subparagraph and traveling with the said person.

6. Being the Taiwan Area spouse or children of a Mainland spouse who has a household registration in Fujian of the Mainland Area and traveling with the said Mainland spouse; including the Taiwan Area spouse or children of a Mainland Area spouse who has applied for permanent residency and has obtained the status of People of the Taiwan Area.

Permission shall be denied to any person described in the preceding two Paragraphs who has any of the conditions under Paragraph 1 of Article 6 of the Immigration Act; any permission already granted to such person may be canceled or revoked. The permission shall be revoked for any of the people described in Paragraph 1 whose household registration is moved out of Kinmen, Matsu, or Penghu.

Any of the people described in Paragraphs 1 and 2 who has the status of Male Nationals with Military Service Obligation shall first apply for and obtain the exit permit in accordance with the ROC Male Nationals with Military Service Obligation Exit Regulations.

Any person with the status as prescribed in Paragraphs 3 and 4 of Article 9 of the Act who conforms to any of the following conditions may apply for permission at the NIA or any of its Service Posts to enter or exit the Mainland Area via Kinmen and Matsu. However, the foregoing does not apply to those involved in national security and national secrets, personnel of the National Security Bureau, the Ministry of National Defense, the Coast Guard Administration of the Executive Yuan, the Bureau of Investigation of the Ministry of Justice and the personnel of the various agencies under the said agencies.

1. Those serving in Kinmen or Matsu government agencies below the local county government level and in the capacity of the 10th rank civil servant (or equivalent to a level below the 10th rank) shall gain permission from the local county government or county legislative assembly.

2. Those serving in county-owned enterprises in Kinmen or Matsu and applying to visit the Mainland Area for official purposes, or those with household registration in Kinmen or Matsu for over six months applying to visit the Mainland Area for non-official purposes, shall gain permission from the local county government.

3. Those serving in police agencies in Kinmen and Matsu and civil servants serving in agencies other than those prescribed in the preceding two Subparagraphs, and in the capacity of the 10th rank civil servant (or equivalent to a level below the 10th rank), and police officers with Grade 4 ranking and below, who hold household registration there for more than six months, or who have no household registration there or have household registration there for less than six months, and who apply to visit the Mainland Area for non-official purposes, shall gain permission from the central competent authorities concerned or an agency (institution) authorized thereby.

4. Personnel listed under the proviso of Paragraph 3 of Article 9 of the Act, who work in Taiwan proper or in Penghu, have household registration in Kinmen and Matsu for over six months, and apply to visit the Mainland Area for non-official purposes, and who conform to the application procedures stipulated under the proviso of Paragraph 3 of Article 9 of the Act, shall gain permission from the central competent authorities concerned, the special municipal government, the county/city government, or an agency (institution) authorized thereby.
Those who have been approved to reside in, or permanently reside in, Kinmen or Matsu and have done so for more than six months may present related entry and exit documentation to be verified so as to enter the Mainland Area via Kinmen and Matsu.

Where a person, as verified by a public hospital in Kinmen or Matsu, needs to be sent to the Mainland Area for medical treatment, the said person and the necessary personnel for offering assistance shall be exempt from the restrictions on household registration under Paragraph 1 or residency restrictions under the previous Paragraph.
When any of the People of the Taiwan Area contracts serious illness, suffers serious injuries, or encounters natural disasters or other special incidents while staying in the Mainland Area, the said person and the necessary personnel for offering assistance may apply for permission to travel between Kinmen and Matsu and the Mainland Area.

Article 10-1

In any of the following circumstances, a person may apply as a special case to the National Immigration Agency (NIA) under the Ministry of the Interior for a stamp to be affixed upon the passport, which stamp shall entitle the passport holder, upon presentation and verification, to enter or exit the Mainland Area via Kinmen or Matsu:

1. Being assigned to manage matters regarding the trial operation of transportation links or related personnel.

2. Being the responsible person of an enterprise involved in shipping or commercial activities concerning the trial operation of transportation links.

3. Any people of the Taiwan island or Penghu, entering the Mainland Area to engage in religious or other professional exchange activities by way of a charter flight to Kinmen or Matsu and entering the Mainland Area by passenger ship; provided that such person presents for inspection documents concerning the charter flight contract.

4. For any Taiwan-invested enterprise that has been approved for operation in Fujian of the Mainland Area by the Ministry of Economic Affairs, if the responsible person and employees of its parent company in the Taiwan Area attend commercial exhibitions, conferences, and seminar activities held in the Mainland Area by the said Taiwan-invested enterprise or jointly held by such an enterprise with other commercial entities.

5. Members of provincial/municipal-level economic or Mainland affairs-related organizations duly registered in the Taiwan Area for over one year, who form a group to visit Fujian of the Mainland Area to attend non-political commercial exhibitions, conferences, or seminar activities.

6. Members of an educational institution in the Taiwan Area or a civilian professional organization duly registered in the Taiwan Area for over one year, who form a group to visit Fujian of the Mainland Area to attend profession-related non-political academic conferences or academic seminar activities.

7. People in the Taiwan Area born before 1949 in Fujian of the Mainland Area and accompanying spouses, lineal relatives and collateral blood relatives within the second degree, who apply to travel to Fujian of the Mainland Area for visits during holidays including the Lunar New Year, Tombsweeping Day, Dragon Boat Festival, and Mid-Autumn Festival.

8. Political officials serving in the Kinmen and Matsu government agencies (exclusive of county-owned enterprises), or civil servants ranked at a level equivalent to or above 11th and police officers with Grade 3 ranking and above, who apply to visit the Mainland Area to engage in exchange activities.

9. Civil servants serving in the county-owned enterprises in Kinmen or Matsu and having no household registration there, or having household registration there for less than six months, who apply to visit the Mainland Area for non-official purposes.

10. Civil servants serving in agencies (institutions) listed in Subparagraph 3 of Paragraph 5 of Article 10 who are ranked 10th (or equivalent to a level below 10th), and police officers with Grade 4 ranking and below, who have no household registration in Kinmen and Matsu, or have household registration there for less than six months, and who apply to visit the Mainland Area for official purposes.

When an application is filed to form a group based on the stipulations in Subparagraphs 5 and 6 of the preceding Paragraph, it is required that such a group shall consist of over ten members and such group members shall enter and exit at the same time. Permission shall be denied to any group with less than ten persons.

For the physically and mentally disabled as defined in the Physically and Mentally Disabled Citizens Protection Act, due to their movement difficulties or other urgent and extraordinary events, they may present a disability handbook and other related proof documents together with the application documents to be submitted to the NIA for special permission to travel to the Mainland Area via Kinmen and Matsu to visit relatives, visit sick people, or attend funerals. The necessary personnel for offering assistance may apply to travel with them.

Article 10-2

For permission granted in accordance with Paragraph 1 of Article 10, a multi-entry visa effective for three years shall be issued;

For permission granted in accordance with Subparagraphs 1 to 3 of Paragraph 5 of Article 10, a one-year renewable single-entry permit shall be issued;

For permission granted in accordance with Subparagraph 4 of Paragraph 5 of Article 10 and Subparagraphs 8 to 10 of Paragraph 1 of Article 10-1, a single-entry visa effective for one month shall be issued;

For permission granted in accordance with Subparagraphs 1 through 4 of Paragraph 2 of Article 10, a multi-entry stamp effective for one year shall be affixed upon the passport;

For permission granted in accordance with Subparagraphs 1 through 7 of Paragraph 1 and Paragraph 3 of Article 10-1, Article 20, and Article 20-1, a single-entry stamp effective for one month shall be affixed upon the passport;

For permission other than the preceding five paragraphs, a single-entry stamp effective for six months shall be affixed upon the passport.

Article 11

Any of the People of the Taiwan Area who works as a sailor or other service personnel aboard a vessel permitted by the government to navigate to and from Kinmen / Matsu and the Mainland Area, and who enters the Mainland Area due to navigation mission, may present the document issued by the competent authorities for verification or inspection to enter and exit the Mainland Area via Kinmen or Matsu.

Article 12

Any of the People of the Mainland Area under any of the following circumstances may apply for permission to enter and exit Kinmen or Matsu:

1. Visiting relatives: for those whose parents, spouse or children have household registrations in Kinmen or Matsu.

2. Illness/Frneral Visits：blood relatives within the second degree, stepparents, parents-in-law, spouse or sons-in-law or daughters-in-law who have household registrations in Kinmen or Matsu and who are seriously ill or suffering from severe injuries to the extent of endangering their lives, or are over sixty years of age and are seriously ill or suffering from severe injuries, or were dead for less than one year. However, the restriction on household registration does not apply to those returning home by reason of funeral visits.

3. Homecoming visit: for those being born in Kinmen or Mazu, and their accompanying spouse or children.

4. Business activities: being the responsible person of a company or other businesses in Fujian of the Mainland Area.

5. Academic activities: being a faculty or staff member of a school at any level in Fujian of the Mainland Area.

6. Enrollment in extension education courses: being employed for at least one year in Taiwan-invested enterprises that have been approved for operation in Fujian of the Mainland Area by the Ministry of Economic Affairs.

7. Religious, cultural and sporting activities: being a professional or having professional capabilities in the chosen field and based in Fujian of the Mainland Area.

8. Exchange activities: being permitted as a special case by the National Immigration Agency in conjunction with related competent authorities.

9. Travel: entrusting a general or Type A travel agency, permitted by the Tourism Bureau, MOTC to operate in Kinmen or Matsu, to file the application.

When an application is filed based on Subparagraph 9 of the preceding Paragraph, the applicant may at the same time apply to transfer members of the whole tour group to Penghu for sightseeing by way of a charter flight or a charter ship after the said group has finished its itinerary in Kinmen and Matsu by filing applications together with documents concerning the charter flights contract or the charter ship contract signed with the airline companies/shipping operators. If the application is filed by an entrusted applicant, the application process shall be handled by the entrusted general or Type A travel agency duly registered with the Tourism Bureau, MOTC and operating in Kinmen, Matsu, or Penghu. Applications filed by a travel agency operating in Kinmen and Matsu must be accompanied by a contract signed with the travel agency operating in Penghu.

Subparagraph 9 of Paragraph 1 shall apply to groups consisting of five to forty members; such group members shall enter and exit the same place at the same time. Permission and entry shall be denied to any group with less than five persons.

The daily quota for each Subparagraph under Paragraph 1 shall be publicly announced by the Ministry of the Interior.

In case of emergencies in the territorial waters of Kinmen or Matsu, any of the People of the Mainland Area may apply for relief and for entry to Kinmen and Matsu for shelter.

The applicants under Paragraph 1 or the preceding Paragraph shall be restricted to stay in Kinmen or Matsu. But applicants under the stipulations of Paragraph 2 shall be restricted to stay in Kinmen, Matsu, and Penghu.
When any of the People of the Mainland Area visiting Kinmen and Matsu, or transferring to Penghu for sightseeing contracts serious illness, suffers serious injuries, or encounters natural disasters or other special incidents, the necessary personnel for offering assistance may apply to the NIA for permission on a special case-by-case basis to travel between Kinmen and Matsu and the Mainland Area; the same regulations apply when the permitted duration of stay of the said individual of the Mainland Area expires.

Article 12-1

The provisions concerning the People of the Mainland Area shall apply mutatis mutandis to overseas Chinese born in Kinmen or Matsu applying for homecoming visit.

Overseas Chinese groups that are invited by Kinmen or Lienjiang County government to participate in exchange activities in major festivals may apply for single-entry permit to enter and exit Kinmen or Matsu from the Mainland Area; the number of applicants shall exceed ten persons per group and the number of group members that actually arrive and depart shall exceed five persons.

The applicants permitted for entry in accordance with the preceding two Paragraphs shall be restricted to stay in Kinmen or Matsu.

Article 13

Applications and related verification documents for entry into Kinmen or Matsu under Subparagraphs 1 through 7 of Paragraph 1 of Article 12,and Paragraph 1 of the preceding Article shall be made on behalf of the applicants by Kinmen or Matsu-based relatives, same-type businesses, schools or related groups to the Service Post, with the relatives or the responsible persons concerned acting as guarantors; in case of the situation under Paragraph 4 of Article 12, the person offering the relief shall file the application on behalf of the applicant.

To file applications in accordance with Subparagraph 8 of Paragraph 1 of Article 12, the entrusted general or Type A travel agencies shall prepare the application forms and the name lists of the group members to apply to the Service Post for entry into Kinmen or Matsu, with the responsible persons of the agencies concerned acting as the guarantors.

Article 14

Any of the People of the Mainland Area whose application in accordance with Article 12 has been approved shall be issued a travel permit effective for fifteen or thirty days starting from the issuing date, and the party shall present the travel permit, together with a residency certificate issued by the Mainland Area or other document sufficient to verify residency, for inspection at the Service Post to enter Kinmen or Matsu.

Anyone who applies for studying extension education courses shall be issued a single-entry visa or a multi-entry visa effective for one year to enable him/her to enter and exit Kinmen and Matsu.

Any travel leader of the Mainland Area whose application for accompanying a tour group has been approved shall be issued a one-year renewable single-entry permit to enter and exit Kinmen and Matsu.

Anyone entering Kinmen or Matsu as a traveler shall stay for not more than two days from the day following the day of entry; anyone entering Kinmen or Matsu for any other reasons shall stay for not more than six days from the day following the day of entry.

Anyone transferring to Penghu via Kinmen or Matsu as a traveler shall stay for not more than two days from the second day following entry into Penghu; the length of stay in Kinmen or Matsu shall not exceed two days from the second day following entry, excluding the length of stay in Penghu.

Any of the People of the Mainland Area entering Kinmen or Matsu, or transferring to Penghu for sightseeing upon permission who fails to depart within the time limit due to hospital stay because of illness, disasters or other extraordinary events, may apply to the Service Post for an extension of stay, and each extension shall not exceed seven days. Related costs incurred during the stay shall be advanced on a temporary basis by the entrusted applicants. Those who enter as travelers shall apply for and present the individual travel permit to depart.

Any of the People of the Mainland Area entering Kinmen or Matsu, or transferring to Penghu for sightseeing upon permission who needs accommodation for an overnight stay shall have the entrusted applicants, ready with the travel permits inspected upon entry, to handle temporary domicile registration with the local police agency (institution).

Article 15

Any of the People of the Mainland Area permitted to enter the Taiwan Area in accordance with the Regulations Governing the Permission for the People of the Mainland Area to Enter the Taiwan Area, or the Regulations Governing the Permission for the People of the Mainland Area to Reside as an Dependent/Long-Term Resident/Permanent Resident in the Taiwan Area, who qualifies under any of the following may present the original copy of the travel permit, or identification document for entry purpose, to be inspected at the Service Post to enter and exit Kinmen or Matsu:

1. The address in the Taiwan Area is in Kinmen, Matsu or Penghu.

2. Being the spouse of any of the People of the Taiwan Area and having household registration in Fujian of the Mainland Area.

3. Being the accompanying children of the people prescribed in the preceding Subparagraph.

Any of the people prescribed in Subparagraphs 1 and 2 of the preceding Paragraph that applies for permanent residency permit and obtains the status as the People of the Taiwan Area may apply to the National Immigration Agency for an entry/exit permit to be issued or for a stamp to be affixed upon the passport, which shall entitle the passport holder or permit holder, upon presentation and verification, to enter and exit the Mainland Area from Kinmen or Matsu.

The provisions of Paragraph 1 do not apply to applications filed in accordance with the Regulations Governing Approval for Mainland-Area Professionals to Engage in Professional Activities in Taiwan.

Article 16

Any of the People of the Mainland Area being a sailor or service personnel aboard a vessel, permitted by the government to navigate between Kinmen / Matsu and the Mainland Area, and who arrives at the ports of cross-Strait transportation links due to navigation mission but has to leave the port area for a temporary stay elsewhere, may entrust the Kinmen or Matsu shipping agents of the vessel carriers concerned to apply to the Service Post for permission for temporary stay, and upon inspection and verification, may enter Kinmen or Matsu; the duration of such stay shall not last longer than the time period of the ship stay at port.

Article 17

An application filed by any of the People of the Mainland Area, who is currently employed in administrative, military, Chinese Communist Party affairs or other public sector agencies, for entry to Kinmen or Matsu, or transfer to Penghu for sightseeing may be rejected, whereas the permission already granted may be canceled or revoked. The foregoing also applies to any of the following situations:

1. Participation in violent or terrorist groups,or activities thereof.

2. Under serious suspicion for involvement in crimes of rebellion or treason.

3. Under serious suspicion for involvement in serious crimes or being a habitual criminal.

4. Past history of illegal entry without permission.

5. Past history of overstaying the permitted period after entry with permit.

6. Past history of engagement in any activity or work inconsistent with the permitted purpose.

7. Past history of criminal act(s).

8. There is fact sufficient to lead to concerns over potential dangers to national security or social stability.

9. Past history of infectious disease, mental illness or other illnesses sufficient to endanger public hygiene or social tranquility.

10. Past history of other acts in contravention of laws and regulations.

For the situation described in Subparagraph 4 of the preceding Paragraph, the period for denying permission shall be at least two years; for the situation described in Subparagraphs 5 or 6 of the preceding Paragraph, the period for denying permission shall be at least one year.

Article 18

In case any of the People of the Mainland Area entering Kinmen or Matsu, or transferring to Penghu for sightseeing, falls under any of the following situations, the police agency may deport the said person on the original vessel or on the earliest departing vessel. However, where the case involving such person(s) has entered judicial proceedings, prior approval from the judicial institution is required:

1. Entry without permission.
2. Overstaying of the permitted period after entry with permit.
3. Engagement in any activity or work inconsistent with the permitted purpose.
4. There is a fact sufficient to lead to concerns over potential criminal act(s).
5. There is a fact sufficient to lead to concerns over potential dangers to national security or social stability.
6. Occurrence of infectious disease, mental illness or other illnesses sufficient to endanger public health or social tranquility.

Article 19

In case any of the People of the Mainland Area entering Kinmen or Matsu, or transferring to Penghu for sightseeing, with permission in accordance with Article 12 stays beyond the permitted period, fails to complete temporary domicile registration, or engages in any activity or work inconsistent with the permitted purpose, the Ministry of the Interior may, considering the seriousness of the event, suspend for not more than one year the processing of applications filed by the entrusted applicant, or by the entrusted general or Type A travel agency of such person; already submitted applications pending for permission shall be rejected. The foregoing also applies to the general or Type A travel agency that fails to comply with the restrictions to ensure that all group members depart together.

In case of violation of Article 16 by any Mainland Area sailor or service personnel serving aboard a vessel permitted for temporary stay, the Kinmen or Matsu shipping agent(s) of the vessel carrier concerned shall not, within a six-month period, apply for permission for the vessel in question for temporary stay of the vessel sailors or service personnel.

The supervision and administration of travel agents in Kinmen, Matsu, or Penghu administering travel arrangements for the People of the Mainland Area traveling to Kinmen, Matsu, or Penghu shall be handled by the MOTC or its authorized agency.

Article 20

Where it is necessary for a vessel registered with the R.O.C. to apply as a special case for departing from the Taiwan island to enter the Mainland Area by way of Kinmen or Matsu, the applicant shall prepare and submit ship-related documents, name of activity, planned sailing route, sailing schedule and name lists of personnel to the competent authorities for permission and entry/exit permit; the vessel concerned shall berth upon arrival at Kinmen or Matsu and the personnel shall get on shore for the shipping documents and entry/exit permits to be inspected before being allowed to enter the Mainland Area.

Permission for the special case under the preceding Paragraph shall be handled by the MOTC in conjunction with relevant authorities.

Article 20-1

During the period for the trial operation of the transportation links in accordance with the Regulations, due to requirements under the policies toward Mainland China, vessels registered with the R.O.C. may enter the Mainland Area by way of Penghu if permitted as a special case by the MOTC.

The requirements under the policies toward Mainland China as prescribed in the preceding Paragraph shall be proposed by the Mainland Affairs Council, Executive Yuan, in consultation with related authorities and considering national security and the cross-Strait situations, and reported to the Executive Yuan for review and approval.

Special cases permitted in accordance with Paragraph 1 shall be processed applying mutatis mutandis Articles 3, 5, Article7 through 20, and Article 26.

Article 21

Trade between Kinmen / Matsu and the Mainland Area may be conducted directly, and permissions shall be obtained or exempted according to the relevant regulations.

Article 22

Goods from the Mainland Area shall not be imported into Kinmen or Matsu, except for the following situations:

1. Items of goods, and related conditions, that are publicly announced as being permitted to be imported into Kinmen or Matsu by the Ministry of Economic Affairs.

2. Goods approved by the Ministry of Finance and publicly announced by customs that arriving travelers may carry when entering the territory.

3. Other goods permitted as special cases by the Ministry of Economic Affairs.
The Ministry of Economic Affairs may suspend importation of any of the goods prescribed in the preceding Paragraph.

Article 23

Goods from the Mainland Area publicly announced as being permitted to be imported by the Ministry of Economic Affairs in accordance with Subparagraph 1of Paragraph1 of the preceding Article shall include the following:

1. Those items that are permitted to be imported into the Taiwan Area.

2. Items proposed by local county governments of Kinmen or Matsu and permitted by the competent authorities in charge of the commodities concerned.

Article 24

An application for import permit shall be submitted to the Ministry of Economic Affairs for the importation of articles prescribed in Paragraph 1 of Article 22, except for items publicly announced by the Ministry of Economic Affairs as exempt from the requirement of import permit.

Article 25

Goods from Kinmen or Matsu to be exported to the Mainland Area shall include certificates of origin when being declared to customs, except for items publicly announced by the Ministry of Economic Affairs as exempt from the requirement of certificate of origin.

The Ministry of Economic Affairs may entrust local county governments of Kinmen or Matsu to handle the issuance of the certificate of origin prescribed in the preceding Paragraph.

Article 26

Contact by transportation vehicles, as well as circulation of goods by importation, exportation, personal carrier or postal delivery between Kinmen / Matsu and the Mainland Area shall be deemed as importation/exportation; customs clearance, inspection, quarantine, administration and processing regarding the aforesaid transportation vehicles, personnel and goods shall be handled in accordance with relevant laws and regulations.

Imported articles prescribed in the preceding Paragraph, without permission, shall not be transshipped to the Taiwan Area beyond Kinmen or Matsu; articles from the Taiwan Area other than Kinmen or Matsu, without permission, shall not be transshipped to the Mainland Area by way of Kinmen or Matsu. Violation of the foregoing shall be punished in accordance with Articles 36 through 39 of the Act for the Customs Anti-Smuggling .

Conditions for the permission prescribed in the preceding Paragraph shall be publicly announced by the Ministry of Economic Affairs.

Inspection on importation and exportation of contrabands and declared goods for transportation shall be conducted in accordance with the Act for the Customs Anti-Smuggling ; the provisions on trade ports shall apply mutatis mutandis to matters regarding ports of cross-Strait transporation links on the outlying islands.

Article 27

Limitation on the type and quantity of goods from the Mainland Area allowed to be mailed from Kinmen or Matsu or carried by passengers to the Taiwan island or Penghu in low quantities and for personal use are as prescribed in the attached table.

Where the type or quantity of the goods from the Mainland Area mailed or carried by passengers exceeds the limits in the preceding Paragraph, the case shall be processed by customs in accordance with Article 77 of the Customs Law.

Article 28

Financial institutions in Kinmen or Matsu may process remittances and foreign exchange transactions for import or export with the financial institutions in Fujian of the Mainland Area directly or indirectly through financial institutions in a third area outside the Taiwan Area and the Mainland Area.

The direct business transactions prescribed in the preceding Paragraph require a prior application to the Ministry of Finance for its permission in consultation with the Central Bank of China; the currencies and rules for business processing regarding the direct and indirect transactions shall be prescribed by the Ministry of Finance in consultation with the Central Bank of China.

Where the remittance amount reaches or exceeds the prescribed amount set by the Central Bank of China, the financial institution shall not start processing until after supporting documents regarding the subject remittance have been confirmed.

Article 29

The rules for processing the purchase and sale of foreign currencies, in cash or represented by travelers checks, by Kinmen or Matsu financial institutions for any of the People of the Mainland Area shall be prescribed by the Central Bank of China.

Article 30

To prevent the invasion of infectious diseases and pests from the Mainland Area, the animal and plant quarantine authorities may establish quarantine centers in Kinmen or Matsu.

For animals, plants, and the relevant products to be transported or taken to the Taiwan Area outside Kinmen or Matsu, the owner or the agent thereof shall, prior to shipping the foregoing out of Kinmen or Matsu, apply to the animal and plant quarantine authorities for inspection, and the said animals, plants and products shall not be transported in the event of failure to pass the inspection.

The animals, plants, and products referred to in the preceding Paragraph shall be prescribed by the Council of Agriculture, Executive Yuan.

Article 31

For animals to be transported to the Taiwan Area outside Kinmen or Matsu, the owner or manager shall prepare detailed record containing information such as changes in the conditions of animals, epidemics, immunization, medical treatment and so forth, and such record shall be signed and verified by a practicing veterinarian and be kept for more than two years. Local animal quarantine authorities shall from time to time inspect the disease prevention measures being implemented in livestock farms as well as related records.

Article 32

Where inspection results prove that animals, plants, and products to be transported or taken to the Taiwan Area outside Kinmen or Matsu have, is suspected to have, or probably have been infected with infectious animal diseases or pests, the animal and plant quarantine authorities shall disinfect or destroy such animal, plant, and products thereof, together with the package and container; the costs of the foregoing shall be borne by the owner concerned.

Article 33

Entry into and exit of ports of cross-Strait transportation links on outlying islands by warships of the R.O.C. shall be administered and monitored by regional military authorities; in case of emergency, the R.O.C. warships shall have the priority right to enter, exit and berth at the said ports.

Logistics operation and berth designation concerning military supplies shall be directed and dispatched by regional military authorities and military units.

To deal with matters prescribed in the preceding two Paragraphs, military agencies of the armed forces may coordinate with regional port authorities to conduct emergency response exercises from time to time.

Article 34

To manage matters regarding the trial operation of transportation links, the Executive Yuan may establish administrative coordination centers in Kinmen or Matsu, with the guidelines for such establishment to be prescribed by the Executive Yuan.

The MOTC may establish inspection coordination centers for ports of cross-Strait transportation links on outlying islands to coordinate customs inspection, inspection on entry/exit permit, quarantine, crackdown on contrabands, security and defense, security personnel, commodity inspection and related administrative matters; the guidelines for such establishments shall be separately prescribed by the MOTC.

Article 35

Implementation of the Regulations, during the trial-run period, may be terminated in part or in whole pursuant to decrees issued by the Executive Yuan in the event where there are concerns over potential danger to national interest or security, or other major event.

Article 35-1

Certificate fees may be collected for permissions granted to applications under Articles 10 through 20-1; the fee rates shall be prescribed by the Ministry of the Interior. However, any applicant who has a household registration in Kinmen, Matsu or Penghu for more than six months shall be exempt from such fees.

Article 36

Aside from the amendments promulgated on December 29, 2006, which shall take effect immediately, the date for the Regulations to take effect shall be prescribed by the Executive Yuan.

Attached Table

[of the Regulations Governing the Trial Operation of Navigation Links Between Kinmen/Mazu and the Mainland Area]

(Translation)

Amended able of Limited-Quantity Goods from the Mainland Area Allowed to be Mailed from Kinmen/Mazu or carried by Passengers to the Taiwan Island or Penghu for Personal Use?