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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 08:02
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Chapter Law Content

Chapter 2 Right Attribution and International Cooperation
Article 15
Any underwater cultural heritage discovered in the internal waters and territorial sea of the Republic of China, except for the state vessels and aircraft in which a foreign state declares an interest, shall belong to the Republic of China.
The Republic of China, in the exercise of its sovereignty, has the exclusive jurisdiction to regulate, authorize, or approve activities directed at underwater cultural heritage in the internal waters and territorial sea of the Republic of China.
In recognition of international general practice, the competent authority, with a view to cooperating on the best methods of protecting the state vessels and aircraft prescribed in the first paragraph, should inform the flag state and, if applicable, other states with a verifiable link, especially a cultural, historical or archaeological link, with respect to the discovery of such identifiable state vessels and aircraft.
Article 16
The Republic of China has the exclusive jurisdiction to regulate, authorize, approve or prohibit activities directed at underwater cultural heritage in the contiguous area, exclusive economic area and on the continental shelf of the Republic of China.
Where there is a discovery of underwater cultural heritage or it is intended that archaeological activity will be directed at underwater cultural heritage in the exclusive economic area or on the continental shelf of the Republic of China, the competent authority may:
1.consult all other states which have declared an interest in accordance with related international conventions, on how best to protect the underwater cultural heritage;
2.coordinate such consultations as a coordinating state.
The Republic of China, when acting as a coordinating state referred to in the second subparagraph of the preceding paragraph, may:
1.implement protection measures which have been agreed by the consulting states which include the Republic of China;
2.implement such agreed protection measures prescribed in the preceding subparagraph in conformity with the related rules under international conventions;
3.conduct necessary preliminary research on the underwater cultural heritage, and promptly inform relevant international organizations.
Article 17
The second paragraph of the preceding Article shall apply mutatis mutandis to the competent authority where there is a discovery of suspected underwater cultural heritage or an activity directed at underwater cultural heritage on the seabed, ocean floor or subsoil outside the exclusive economic area or the continental shelf of the Republic of China.
Article 18
The citizen or the vessel master of the Republic of China, who discovers suspected underwater cultural heritage or activities directed at underwater cultural heritage in the exclusive economic area or on the continental shelf of other states, shall promptly report such discovery or activity to the competent authority.
The Republic of China may report such discovery or activity referred to in the preceding paragraph to the relevant states or international organizations.
Article 19
Where there is a discovery of underwater cultural heritage with a verifiable link, especially a cultural, historical or archaeological link to the Republic of China, in the internal waters, archipelagic waters, territorial sea, contiguous area, and exclusive economic area, or on the continental shelf of other states, the Republic of China reserves the preferential rights of states of cultural, historical, or archaeological origin. The competent authority may declare to the relevant states or international organizations its interest in being consulted on the protection of that underwater cultural heritage.
Article 20
Any underwater cultural heritage that has been recovered in a manner not in conformity with this Act shall not be shipped out of the territory of Republic of China, nor transported, possessed, displayed, or sold in the territory of the Republic of China.
The competent authority shall take reasonable measures to protect discovered and seized underwater cultural heritage referred to in the preceding paragraph. The competent authority shall designate an agency or institute to preserve or archive underwater cultural heritage that belongs to the Republic of China. The competent authority shall record, protect and take reasonable measures to stabilize underwater cultural heritage that belongs to other state with a verifiable cultural, historical, or archaeological link to the underwater cultural heritage, and shall inform such state.
Article 21
The Republic of China may enter into bilateral, regional or other multilateral agreements or develop existing agreements with other states or international organizations, for the preservation, protection, and management of underwater cultural heritage.
The competent authority may undertake international cooperation in underwater cultural heritage, including collaborating in the investigation, research, excavation, preservation, notification and relevant technologies of such heritage.
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