試辦金門馬祖澎湖與大陸地區通航實施辦法

The Regulations are enacted in accordance with Article 18 of the Offshore Islands Development Act and Paragraph 2 of Article 95-1 of the Act Governing Relations Between People of the Taiwan Area and the Mainland Area (hereafter the“Act”).

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.

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.

Shipping operators shall submit the application, operation plan and related documents to the navigation authorities for approval before operating regularly-scheduled shipping routes between the ports of cross-strait transportation links on offshore islands and the ports of the Mainland Area Shipping operators of the Mainland Area shall obtain the services of shipping agencies of the Taiwan Area to apply for the aforesaid approval. Approval in the first paragraph shall be valid for up to two years subject to renewal upon application that may be filed 30 days before the end of the approval period. After public announcement of operation of the business referred to in Paragraph 1 by non-vessel shipping operators, and upon a consensus reached between the navigation authorities and the Mainland affairs competent authority that there exists a need to continuously operate shipping routes, non-vessel shipping operators may request the shipping operators of Republic of China flag ships to operate the regular shipping routes based upon the business demand. Discretionary subsidy may be provided for any losses resulting from the aforesaid operation; the terms and conditions, the method, and the supervision, evaluation, etc. of such subsidy shall be made by the navigation authorities.

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.

A fishing vessel registered at Kinmen or Matsu prior to the effective date of 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 before January 18, 2018 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.

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 and published in a government gazette 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.

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.

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.

Any people of the Taiwan Area with a valid passport may enter or exit the Mainland Area via Kinmen, Matsu, or Penghu upon the presentation of the said document to the National Immigration Agency under the Ministry of the Interior (the "National 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 Kinmen, Matsu, or Penghu 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, Matsu, or Penghu 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. Hong Kong or Macao residents eligible to enter Taiwan on a temporary-entry basis may apply to the National Immigration Agency at the port when entering Kinmen, Matsu or Penghu to issue a temporary entry notice and they may enter or exit upon presentation of the said document.

Personnel referred to under Paragraphs 3 and 4 of Article 9 intending to apply to enter and exit the Mainland Area via Kinmen, Matsu, or Penghu, with the exception of the personnel referred to in Paragraph 2 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 4th grade of the supervisory commissioned rank and Below Whose Duties and Responsibilities Do Not Involve Confidential Matters on National Security. The following personnel may apply to the National Immigration Agency for approval that will enable them to enter and exit the Mainland Area via Kinmen, Matsu, or Penghu after the valid passports they hold have been verified and inspected and permission has been granted. 1. Magistrates of Kinmen, Lienchiang and Penghu County. 2. Political appointees serving in Kinmen, Lienchiang and Penghu County government agencies. 3. Civil servants whose duties and responsibilities do not involve confidential matters on national security serving in Kinmen, Lienchiang, and Penghu County government agencies with a rank of or equivalent to 11th grade of selected appointment or above, or police officers with 3rd grade of the supervisory commissioned rank or above. The National Immigration Agency may consult with relevant authorities in granting the foresaid approval if necessary.

Any of the People of the Mainland Area under any of the following circumstances may apply to the National Immigration Agency for permission to enter and exit Kinmen, Matsu, or Penghu: 1. Social activities: including visiting relatives, illness/funeral visits, humanitarian visits and other exchange activities. 2. Art, cultural or business activities: including academic, sporting, religious, cultural, business and other exchange activities. 3. Study: including enrollment in extension education credit courses and non-credit courses. 4. Travel: including group and individual tours. The National Immigration Agency may consult with relevant authorities in granting the aforesaid approval if necessary. In case of group tours under Subparagraph 4 of Paragraph 1, a group shall consist of three to forty members, each of whom shall enter and exit the same place at the same time. Permission to enter shall be denied to any group with fewer than three members. In case of emergencies in the territorial waters of Kinmen, Matsu, or Penghu, any of the People of the Mainland Area may apply for relief and for entry to Kinmen, Matsu, or Penghu for shelter. When any of the People of the Mainland Area entering the Taiwan Area 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/Matsu/Penghu and the Mainland Area; the same regulations apply when the permitted duration of stay of the said individual of the Mainland Area expires. Any of the People of the Mainland Area entering upon permission in accordance with the Regulations shall be restricted to stay in Kinmen, Matsu, or Penghu.

Applications, together with related verification documents, shall be filed on behalf of the applicants by Kinmen, Matsu, or Penghu-based relatives, same-type businesses, schools or related groups for entry into Kinmen, Matsu, or Penghu under Subparagraphs 1 through 3 of Paragraph 1 of the preceding Article to the Service Posts in Kinmen, Matsu, and Penghu established by the National Immigration Agency (hereafter the "Service Post") with the relatives or the responsible persons concerned acting as guarantors. To file applications in accordance with Subparagraph 4 of Paragraph 1 of the preceding Article, the general or Type A travel agencies authorized by the Tourism Bureau, Ministry of Transportation and Communications to operate in Kinmen, Matsu, or Penghu shall apply on behalf of the applicant to the Service Post for entry into Kinmen, Matsu, or Penghu, with the responsible persons of the agencies concerned acting as the guarantors; in case of individual tours, a certificate of travel or other personal injury insurance policy with a coverage of at least NT$ 2 million and an itinerary with information on emergency contact persons in the Mainland Area shall also be submitted. In case of the situation under Paragraph 4 of the preceding Article, the person offering the relief shall file the application on behalf of the applicant.

Any of the People of the Mainland Area whose application in accordance with Article 12 has been approved shall be issued an Kinmen, Matsu, or Penghu single entry and exit permit effective for six months, or multiple entry and exit permit effective for one to three years, starting from the date of issue, and the party shall present the entry and exit permit, together with a valid Taiwan Travel Permit for Mainland Residents or other travel document issued by the Mainland Area (excluding Exit-Entry Permit for Travelling to and from Hong Kong and Macau), for inspection by the National Immigration Agency to enter or exit Kinmen, Matsu, or Penghu. If necessary, a shorter effective period for the entry and exit permit under the preceding Paragraph may be granted, or additional documents for inspection may be required. Anyone who applies for permit on grounds of travel may apply to the National Immigration Agency for the issuance of a temporary entry notice for stay while entering Kinmen, Matsu or Penghu, and enter or exist upon the presentation of the said document. Applicable persons, restrictions, number of people allowed 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, not subject to extension: 1. Social activities: up to two months per stay. 2. Art, cultural or business activities: to be granted based on actual need, up to three months per stay. 3. Study: up to four months per stay. 4. Travel: up to fifteen days per stay. Any of the People of the Mainland Area who enters upon permission in accordance with the Regulations and fails to depart within the time limit due to hospitalization because of illness, disasters or other special incidents, may apply to any Service Post for an extension of stay, and each extension shall not exceed 15 days; provided, however, that the period may be extendable and additional numbers of visits may be allowed if deemed necessary by the National Immigration Agency in consultation with relevant authorities, the related costs occurred during the stay shall be advanced by the entrusted applicants.

Any of the People of the Mainland Area permitted to enter the Taiwan Area in accordance with the laws or regulations other than this Act 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, Matsu, or Penghu after obtaining an approval; provided, however, that the spouse of any of the People of the Taiwan Area required to be interviewed at the airport or seaport in accordance with law shall meet one of the following requirements to be able to enter and exit the Mainland Area via Kinmen, Matsu, or Penghu: 1. The address in the Taiwan Area is in Kinmen, Matsu, or Penghu. 2. Having a household registration in Fujian of the Mainland Area. The Ministry of the Interior may limit the number of the People of the Mainland Area who apply to enter Kinmen, Matsu or Penghu.

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/Penghu 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, Matsu, or Penghu 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, Matsu, or Penghu. The duration of such stay shall not last longer than the time period of the ship stay at port.

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, Matsu, or Penghu may be denied; and in the event such an application has already been approved, the approval may be canceled or revoked and the relevant permission for entry and exit shall be voided. 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. No application for entry to Kinmen, Matsu or Penghu by any of the People of the Mainland Area who previously applied for entry to Kinmen, Matsu or Penghu shall be approved within the period specified below, which shall commence to run from the date of the departure if such applicant has entered and has not exited the area, or, if such applicant did not enter the area, from the date immediately following the date on which the previous application was denied, canceled or voided, or from the date of departure if such applicant had entered and already exited the area, as the case may be: 1. In the event of Subparagraph 4 of the preceding Paragraph, the non-approval period shall be five years. 2. In the event of Subparagraph 5 of the preceding Paragraph, the non-approval period shall be one to three years. 3. In the event of Subparagraph 6 of the preceding Paragraph, the non-approval period shall be one to three years, provided, however, the non-approval period shall be three to five years in the event that such applicant was deported by force or exited as a result of an ordered with time limit. 4. In the event of Subparagraph 7 of the preceding Paragraph, the non-approval period shall be one to five years. 5. In the event of Subparagraph 9 of the preceding Paragraph, the non-approval period shall be the date of full recovery from illness or the date on which the illness is proved to have been stabilized.

[Repealed and deleted]

In case any of the People of the Mainland Area entering Kinmen, Matsu, or Penghu 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. Any person of the Mainland Area who applies to travel to Kinmen, Matsu, or Penghu but falls within the event specified in Subparagraph 5 of Paragraph 1 of Article 17 shall be denied entry by way of a temporary entry notice for three years, counting from the next day of the expiration of the bar to re-entry. 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, Matsu, or Penghu 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. Any person of the Mainland Area who applies to travel to Kinmen, Matsu, or Penghu but falls within the event specified in Subparagraph 5 of Paragraph 1 of Article 17 shall be denied entry by way of a temporary entry notice for three years, counting from the next day of the expiration of the bar to re-entry.

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, Matsu, or Penghu, 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, Matsu, or Penghu 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. Deleted

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

Goods that meet any of the following situations may be imported into Kinmen, Matsu, or Penghu from the Mainland Area: 1. Items of goods, and related conditions, that are publicly announced as being permitted to be imported into Kinmen, Matsu, or Penghu 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.

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 may include the following: 1. Items that are permitted to be imported into the Taiwan Area. 2. Items proposed by local county governments of Kinmen, Matsu, or Penghu and permitted by the competent authorities in charge of the commodities concerned.

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.

Contact by transportation vehicles, as well as circulation of goods by importation, exportation, personal carrier or postal delivery between Kinmen /Matsu/Penghu 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, Matsu, or Penghu; articles from the Taiwan Area other than Kinmen, Matsu, or Penghu without permission, shall not be transshipped to the Mainland Area by way of Kinmen, Matsu, or Penghu. 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 and published in a government gazette by the Ministry of Economic Affairs. Inspection on importation and exportation of contrabands and declared goods for transportation in Kinmen, Matsu, or Penghu 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 transportation links on the outlying islands.

Limitation on the type and quantity of goods from the Mainland Area allowed to be mailed from Kinmen, Matsu, or Penghu, or carried by passengers to the Taiwan island 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 Paragraphs 1 and 2 of Article 96 of the Customs Act. Deleted

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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.

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.

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.

The Regulations shall take effect on the date prescribed by the Executive Yuan.