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

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 10, 10-1, 10-2, and 19 promulgated pursuant to the Order of the Executive Yuan Ref. No. Tai-Lu-Tze-0970012595 dated March 31, 2008; implemented since April 1, 2008

Amendment of Articles 10, 10-1, 13, 14, 15, 20, and deletion of Articles 10-2, 11, 12-1, 35-1 promulgated pursuant to the Order of the Executive Yuan Ref. No. Tai-Lu-Tze-0970087164 dated June 19, 2008; implemented since June 19, 2008

Amendment of Articles 10, 12, 14, 15, 19, 20-1, and deletion of Article 25 promulgated pursuant to the Order of the Executive Yuan Ref. No. Tai-Lu-Tze-0970042578 dated September 30, 2008; implemented since September 30, 2008

Article 1

The Regulations are enacted in accordance with Article 18 of the Offshore Islands Development Act (hereafter the ct? and Paragraph 2 of Article 95-1 of the Act Governing Relations Between People 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 offshore 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 offshore 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 offshore 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 offshore islands and the ports of the Mainland Area shall file an application in accordance with the Shipping Act 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 offshore 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 Act 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 Act 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 offshore 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 offshore 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 offshore 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 with a valid passport may enter or exit the Mainland Area via Kinmen and Matsu upon the presentation of the said document to the National Immigration Agency under the Ministry of the Interior (the ational Immigration Agency? for verification and approval.

Any people of the Taiwan Area with household registration in Kinmen, Matsu, or Penghu up to 6 months may apply to the National Immigration Agency for the issuance of a 3-year multiple entry and exit permit and enter or exit the Mainland Area via Kimmen and Matsu upon the presentation of the said document to the National Immigration Agency for verification.

Foreign nationals with a valid entry visa and a valid passport or a travel document, or a valid passport issued by countries eligible for visa-exempt entry are entitled to enter or exit the Mainland Area via Kinmen and Matsu upon the presentation of the said documents to the National Immigration Agency for verification and approval. This regulation also applies to Hong Kong and Macao residents holding a valid entry and exit permit.

Article 10-1

Personnel referred to under Paragraphs 3 and 4 of Article 9 intending to apply to enter and exit the Mainland Area via Kinmen or Matsu, with the exception of the personnel referred to in Paragraphs 2 and 3 who shall file their applications according to the respective regulations, shall first apply for a permit or an approval in accordance with the Permit Regulations Governing Permission for Government Employees and People of Special Status in the Taiwan Area to Enter the Mainland Area and the Directions Governing Visits to the Mainland Area by Civil Servants with 10th Grade of Selected Appointment Rank and Below as well as Police Officers with Grade 4 Ranking and Below Whose Duties and Responsibilities Do Not Involve Confidential Matters on National Security.

For political appointees serving in Kinmen, Matsu, and Penghu government agencies, or civil servants with a rank equivalent to or above the selected appointment rank or whose rank is equivalent to or above the 11th rank and police officers with grade 3 ranking and above, if they intend to apply to visit the Mainland Area to engage in exchange activities, they may apply to the National Immigration Agency for granting them special approval that will enable them to enter and exit the Mainland Area via Kinmen or Matsu after the valid passports they hold have been verified and inspected and permission has been granted.

For civil servants serving in the county governments of Kinmen, Matsu, and Penghu and their affiliated entities (exclusive of police agencies) whose position is 10th grade of selected appointment rank (or equivalent to a rank below 10th grade), if they apply to visit the Mainland Area for official purposes, they may, upon approval of their respective county governments/county councils, enter and exit the Mainland Area via Kinmen or Matsu after the valid passports they hold have been verified and inspected and permission has been granted.

Article 10-2

Deleted.

Article 11

Deleted.

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.

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 after the said group has finished its itinerary in Kinmen and Matsu. 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 People of the Mainland Area who apply for entering or exiting Kimen and Matsu in accordance with Article 12 may only stay at the following places:

1. The applicants under Paragraph 1 or the preceding Paragraph shall be restricted to stay in Kinmen or Matsu. But applicants under Subparagraphs 4, 5, 7, or 8 of Paragraph 1 may at the same time apply to transfer to Taiwan Island or Penghu to engage in the same-type exchange activities.

2. The applicants under Paragraph 2 shall be restricted to stay in Kinmen, Matsu, or Penghu.

When any of the People of the Mainland Area visiting Kinmen and Matsu, or transferring to Taiwan Island or Penghu contracts serious illness, suffers serious injuries, or encounters natural disasters or other special incidents, the necessary personnel for offering assistance may apply to the National Immigration Agency 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

Deleted.

Article 13

Applications, together with related verification documents, shall be filed on behalf of the applicants by Kinmen or Matsu-based relatives, same-type businesses, schools or related groups for entry into Kinmen or Matsu under Subparagraphs 1 through 8 of Paragraph 1 of Article 12 to the Service Posts in Kinmen, Matsu, and Penghu established by the National Immigration Agency (hereafter the ervice Post? with the relatives or the responsible persons concerned acting as guarantors. In case of the situation under Paragraph 5 of Article 12, the person offering the relief shall file the application on behalf of the applicant.

To file applications in accordance with Subparagraph 9 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 an entry and exit permit effective for fifteen or thirty days starting from the issuing date, and the party shall present the entry and exit permit, together with a residency certificate issued by the Mainland Area or other document sufficient to verify residency, for inspection by the National Immigration Agency to enter Kinmen or Matsu.

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

Anyone who applies for permit on grounds of travel if holding a valid travel documents issued by the Mainland Area may apply to the National Immigration Agency for the issuance of a temporary entry notice for stay, or a multiple entry and exit permit, and enter or exit upon the presentation of the said document. The applicants shall be restricted to stay in Kimen, Matsu, and Penghu. Applicable persons and required documents shall be publicly announced and published in a government gazette by the National Immigration Agency.

The length of stay of any of the People of the Mainland Area who applies for permission to stay in accordance with Article 12 shall be as follows:

1. No one shall stay in Kimen or Matsu for more than six days, starting from the second day following the day of the entry.

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

3. Anyone who applies to transfer to Taiwan Island or Penghu in accordance with the proviso of Subparagraph 1 of Paragraph 6 of Article 12 shall not stay for more than a total of fifteen days, starting from the second day following the day of entry.

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 entry and exit permits to depart.

Article 15

Any of the People of the Mainland Area permitted to enter the Taiwan Area in accordance with the Permit Regulations Governing the Entry into the Taiwan Area by the People of the Mainland 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 a valid entry and exist permit for verification and inspection by the National Immigration Agency so as to enter and exit the Mainland Area via Kinmen or Matsu after obtaining an approval:

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 spouse of any of the People of the Taiwan Area and having passed the interview.

4. Being the children of any of the People of the Taiwan Area.

Any of the People of the Mainland Area permitted to enter the Taiwan Area in accordance with Subparagraphs 2 and 3 of Paragraph 1 of Article 14 of the Permit Regulations Governing the Entry into the Taiwan Area by the People of the Mainland Area may, upon approval, enter or exit the Mainland Area via Kinmen or Matsu after having presented a valid entry and exit permit to the National Immigration Agency for verification and inspection.

Any of the People of the Mainland Area who applies for permit in accordance with the Regulations Governing the Entry of Mainland Professionals into Taiwan for Professional Activities, the Permit Regulations for Mainland Businessmen Coming to Taiwan to Engage in Commercial Activities, the Permit Regulations Governing Mainland People Applying to Serve in Taiwan due to the Transfer of Personnel Within Multinational Enterprises, the Regulations Governing Permission for Importation of Industrial Technology from Mainland Area, or the Permit Regulations Governing the Sightseeing Activities in Taiwan by Mainland Chinese Tourist, may enter or exit the Mainland Area via Kinmen or Matsu.

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, 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, or may reject other applications pending permission. 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, or the supervision and administration of travel agents in Kinmen or Matsu administering travel arrangements for the people of the Taiwan island traveling to the Mainland Area with a group via Kinmen or Matsu 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; the vessel concerned shall berth upon arrival at Kinmen or Matsu ,and it may enter the Mainland Area after its shipping documents have been inspected.

The permission granted 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. and vessels registered with Mainland China may navigate between Penghu and the habors of the Mainland Area 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, Articles 7 through the preceeding Article, and Articles 21 through 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

Deleted.

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 Act.

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 and 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

Deleted.

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/Matsu and the Mainland Area]
(Translation)

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