| Article 1
These Regulations are established pursuant to Article 4,
paragraph 3 of the Act to Govern Investment in the Operation of
Foreign Flag Fishing Vessels (hereinafter referred to as "the
Act").
Article 2
Any person with the nationality of the Republic of China
applying for the approval to invest in or operate any foreign
flag fishing vessel shall not be under any of the following
circumstances :
(1)A person is declared incompetent or limited capacity;
(2)A person is subject to the order of the commencement of
guardianship or assistance, and such order is not yet
revoked;
(3)A person is declared bankrupt and has not yet resume
his/her rights;
(4)A person is sentenced imprisonment for violating the Act,
the Act for Distant Water Fisheries, or the Fisheries Act
and such sentence is not yet executed or not executed
completely; or is on probation whose period is not yet
expired; or 2 years have not passed since such sentence is
executed completely, on probation which is expired, or
pardoned;
(5)A person is sentenced to a short-term imprisonment or
criminal fine for violating the Act, the Act for Distant
Water Fisheries, or the Fisheries Act and such sentence is
not yet executed, not executed completely or 2 years have
not passed since such sentence is executed completely;
(6)The applicant whose fishing vessel flying the flag of the
Republic of China is sentenced to revocation or withdrawal
of fishing license pursuant to the Act for Distant Water
Fisheries or the Fisheries Act and 2 years have not passed
since such sentence is executed completely;
(7)The applicant whose fishing vessel flying the flag of the
Republic of China is sentenced to a fine pursuant to the Act
for Distant Water Fisheries or the Fisheries Act and such
fine is not paid completely;
(8)The applicant whose fishing vessel flying the flag of the
Republic of China is sentenced to suspension of its fishing
license pursuant to the Act for Distant Water Fisheries or
the Fisheries Act and such sentence is not executed
completely.
Article 3
Any person with the nationality of the Republic of China that
intends to invest in or operate a foreign flag fishing vessel
shall submit in advance an application together with list of
investor(s) and proof of their identifications to the competent
authority for approval.
In case that the number of investor as referred to in the
preceding paragraph is above two, names of all the investors
shall be listed on the application, and one of the investors
may be assigned as the representative to file the application.
Article 4
Any person with the nationality of the Republic of China that
has been authorized to invest in or operate a foreign flag
fishing vessel shall complete the investment within one year
starting from the date of authorization, and submit the
following documents together with their Chinese translation
within 120 days starting from the date of completing the
investment to the competent authority for perusal:
(1)Copy of the company registration issued by flag State
concerned;
(2)Copy of the certificate of vessel nationality issued by
flag State concerned;
(3)Copy of the fishing permit or catch transportation permit
issued by flag State concerned;
(4)Copies of the relevant documents issued by flag State
concerned describing the permitted fishing area(s), fishing
gear(s), fishing method(s), species and quotas allocated;
(5)Relevant document showing the amount and proportion of
investment, list of investors and their professions. For an
investment made other than capital funding, the method of
investment and its details shall be provided;
(6)He who participates in the business operations shall provide
a document showing the appointment of his/her post;
(7)Date of signing the investment contract or technical
cooperation contract;
(8)Date of commencing the operation of the business invested;
(9)He/She who charters a fishing vessel shall enclose the
charter contract, and in case for a joint chartering, a list
of all persons participating in such a joint chartering shall
also be enclosed.
Where there is due cause that the investment will not be able to
complete within the timeframe as set forth in the preceding
paragraph, application for extension may be made to the
competent authority before the timeframe. The maximum period for
each extension shall be one year and the times for extension
shall be limited to two times.
Article 5
In case of any change to the following information, the person
with the nationality of the Republic of China that has been
authorized to invest in or operate foreign flag fishing vessel(s)
shall, within three months starting from the date of such
change, notify the competent authority in writing with the
enclosure relevant proving document(s):
(1)Any change to the amount or proportion of the investment.
(2)Increase or decrease of the number of investor(s).
(3)Any change to the name or number of the foreign flag fishing
vessel authorized to be invested in or operated.
Article 6
In case of any of the following circumstances, the competent
authority may revoke the authorization to invest in or operate
foreign flag fishing vessel(s):
(1)Failure to complete the investment or to provide the required
documents and related information to the competent authority
within the timeframe as set forth in Article 4, paragraph 1;
to apply for extension in accordance with Article 4, paragraph
2; or to obtain the approval for extension.
(2)The amount or proportion of investment is less than that as
promulgated by the competent authority in accordance with
Article 3 paragraph 2 of the Act.
Article 7
In case of any of the following circumstances, the competent
authority shall withdraw the authorization to invest in or
operate any foreign flag fishing vessel:
(1)Matters of the application or information or document
provided is forged, faked or false.
(2)Using means of fraud, threat or other improper means to
obtain the authorization.
Article 8
In case that any person with the nationality of the Republic of
China that conducts the business of fishery in sea areas beyond
national jurisdiction by investing in or operating foreign
fishing vessel(s) without the authorization from the competent
authority, the criteria of consecutive punishment in accordance
with Article 11, subparagraph (1) of the Act shall be as
follows:
(1)He who violates for the first time within three years shall
be subject to a fine of two million New Taiwan Dollars.
(2)He who violates for two times within three years shall be
subject to a fine of five million New Taiwan Dollars.
(3)He who violates for three times and above within three years
shall be subject to a fine of ten million New Taiwan Dollars.
The basis for calculating the time(s) of violation as referred
to in the preceding paragraph shall start from the date of last
violation dated back to a period of three years.
Article 9
These Regulations shall enter into force on January 20, 2017.
Amendment to these Regulations shall enter into force upon
promulgation. |