|
REGULATIONS
ON THE ADMINISTRATION OF AGENT BUSINESS FOR CROSS-STRAITS CARGO
SHIPPING
(Promulgated by
the Ministry of Foreign Trade and Economic
Cooperation
(MOFTEC)
on August 21, 1996)
Article 1
These Regulations are formulated in accordance with the Chinese
laws and regulations and the principle of 'One China, bilateral
direct shipping, mutual benefit', in order to facilitate the
development of the trade and economic co-operation between the two
sides of the Taiwan Straits and safeguard the normal order of
cargo shipping agent business.
Article 2 The
said Regulations apply to the management of agent business of
direct cargo shipping between the two sides of the Straits.
Article 3 The
direct cargo shipping between the mainland ports and Taiwan
regional ports is domestic transportation under special
management. The Ministry of Foreign Trade and Economic
Coopertation of the People's Republic of China (MOFTEC) is the
administrative organ of cargo shipping agent business between the
two sides of Taiwan Straits.
MOFTEC practises
the industry management on the enterprises engaging in cargo
shipping agent business according to the Chinese laws and
regulations and supply and demand situation of cargo shipping
market of the two sides of the Straits.
Article 4 Running
the cargo shipping agent business between the two sides of the
straits shall be authorized by MOFTEC. Any enterprise or
individual not authorized by MOFTEC can't run the said business.
Article 5 The
enterprises applying for running the cargo shipping agent business
between the two sides of the Straits are limited to the two kinds
as follows:
a. International
cargo shipping agent enterprises whose total capital comes from
the mainland and which are established with the approval of MOFTEC;
b. International
cargo shipping agent enterprises which are equity or cooperative
joint ventures of the mainland and Taiwan region investors and are
established with the apporval of MOFTEC:
Article 6
The enterprises applying for running cargo shipping agent business
between the two sides of the Taiwan Straits shall be approved by
MOFTEC after examination and initial ratification by the
administrative organ of foreign trade and economic co-operation of
the province, autonomous region, municipality directly under the
Central Government and special economic zone in which they are
located. MOFTEC will decide whether or not to grant approval
within 45 days from the date of receiving the application and
documents which are required in Article 7.
MOFTEC issues the
operating licenses to the enterprises which are authorized to run
cargo shipping agent business between the two sides of the
Straits.
The operating
licenses are valid for 3 years. When the operating licenses
expire, the enterprises which need to go on running the agent
business concerned should change the operating licenses from
MOFTEC 30 days before the expiry date of the operating licenses.
The ones which don't change the operating licenses according to
the said provision shall lose their qualifications of running the
agent business concerned automatically.
Article 7
The enterprises which apply for running the cargo shipping agent
business between the two sides of the Taiwan Straits should submit
the documents as follows:
a. Application;
b. Feasibility
research report;
c. Qualification
and credit envidence;
d. Other documents
which MOFTEC requires.
Article 8
MOFTEC periodically centralizes to publish the list of the
enterprises which run the cargo shipping agent business between
the two sides of the Straits.
Article 9
The enterprises which run direct cargo shipping business between
the two sides of the Straits have to choose agents from the
enterprises published by MOFTEC which run the cargo shipping agent
business concerned. The Customs can't clear for the enterprises
which are not authorized to run the agent business concerned by
MOFTEC.
Article 10 The
enterprises which are authorized to run direct cargo shipping
business between the two sides of the Straits should provide high
quality services for cargo consignees and consignors of the two
sides of the Straits and direct shipping ships, and submit the
reports concerning operating condition to the administrative organ
of the foreign trade and economic cooperation and then report to
MOFTEC in the first ten-day period of the first month every
quarter.
Article 11
MOFTEC shall, in accordance with relevant laws, penalize the
enterprises running cargo shipping agent business between the two
sidses of the Straits in violation of laws, regulations and these
Regulations.
Article 12
For the matters concerning running cargo shipping agent business
between the two sides of the Straits which are not stipulated in
these Regulations refer to The Regulations on the Administration
of International Cargo Shipping Agent of the People's Republic of
China's.
Article 13 These
Regulations go into effect as of promulgation.
Article 14 MOFTEC
shall be responsible for the interpretation of these Regulations.
[an error occurred while processing this directive]
|