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

Print Time:2024/11/22 07:07
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Chapter Law Content

Chapter VI Supplementary Provisions
Article 95
The competent authorities shall request the consent of the Legislative Yuan before permitting direct business transactions or direct sea or air transportation between the Taiwan Area and the Mainland Area, or permitting the people of the Mainland Area to enter into the Taiwan Area to work, and if the Legislative Yuan fails to adopt any resolution within one month after the request during its session, the consent is deemed granted.
Article 95-1
The competent authorities may permit direct business transactions or direct sea or air transportation between Kinmen, Matsu, Penghu and the Mainland Area as Pilot Program before permitting direct business transactions or direct sea or air transportation between the Taiwan Area and the Mainland Area.
The areas for the Pilot Program referred to in the preceding paragraph, which permits direct business transactions or direct sea or air transportation with the Mainland Area and the period for the Pilot Program, as well as the permission for the entry or exit of the transportation vehicles and personnel, the administration of imports/exports, financial dealings, customs clearance, inspection, quarantine, investigation and any other dealings related matters under the referred Program shall be prescribed by the Executive Yuan with implementation rules.
The provisions governing the ports opening for international trade shall apply mutatis mutandis to the matters of sea or air transportation between the areas for the Pilot Program referred to in the preceding paragraph and any sea port, airport, or harbor of the Mainland Area for transportation.
Any goods of the Mainland Area imported to the areas for the Pilot Program may not be transported to the rest of the Taiwan Area without permission; any goods of the Taiwan Area not originated from the areas for the Pilot Program may not be transported to the Mainland Area without permission. However, any goods of the Mainland Area which is for personal use and of small quantity may be mailed to or brought by passengers into the rest of the Taiwan Area; the items of the goods and the limits for its quantity shall be prescribed by the Executive Yuan.
Any person without permission in violation of the provisions of the preceding paragraph shall be punished in accordance with the provisions of Articles 36 to 39 of the Act Governing the Customs' Investigation of Smuggling; where the items, quantity of the goods of the Mainland Area mailed or brought by passengers are beyond the limitation as referred to in the preceding paragraph, the Customs shall make a disposition in accordance with the provisions of Article 77 of the Customs Law.
Where there is any threat to national interests or security or there is any other significant cause during the period for the Pilot Program referred to in this Article, the Executive Yuan may terminate by order the implementation of the Pilot Program in part or in whole.
Article 95-2
All competent authorities that process applications for permissions and/or issue licenses or certificates may collect processing fees and license fees; the fee schedule shall be prescribed by each competent authorities.
Article 95-3
The provisions of the Administrative Procedures Act shall not apply to the handling of the matters related to the dealings between the peoples of the Taiwan Area and the Mainland Area in accordance with this Act.
Article 95-4
The Implementing Rules of this Act shall be prescribed by the Executive Yuan.
Article 96
The date of the coming into force of this Act shall be prescribed by the Executive Yuan.

NOTE:In case of discrepancies between the Chinese text and English translation, the Chinese text shall prevail.
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