Goto Main Content
:::

Content Search Result

Article 9
People of the Taiwan Area intending to enter into the Mainland Area shall go through ordinary emigration procedures.
The competent authorities may request airline companies or relevant travel agents to handle the emigration declaration procedure referred to in the preceding paragraph.
Civil servants and non-civil servant personnel of the National Security Bureau, the Ministry of National Defense, the Investigation Bureau of the Ministry of Justice, and their subordinate agencies at all levels shall not enter into the Mainland Area unless permitted by the Ministry of the Interior. However, civil servants of Grade 10 Selected Appointment Rank and below, and police and prison officers of Grade 4 ranking and below, whose duties and responsibilities do not involve national security or interests or confidential matters, are not subject to such requirement. The operational guideline governing the above-mentioned rules shall be drafted by the Ministry of the Interior together with the relevant agencies within three months after the implementation of the amendment to this Act and submitted to the Executive Yuan for review and approval.
The People of the Taiwan Area with the following status shall apply for permission to enter into the Mainland Area. The application shall be reviewed and approved by a committee formed by the Ministry of the Interior, together with the National Security Bureau, the Ministry of Justice, the Mainland Affairs Council, and the relevant agencies.
1. Political appointees and mayors of special municipalities under the Executive Yuan.
2. Persons engaging in business involving national security or interests or confidential matters in agencies related to national defense, foreign affairs, technology, intelligence, Mainland affairs, or other related agencies.
3. Individuals or members of legal persons, organizations or other institutions entrusted by the agencies referred to in the preceding sub-paragraph to engage in any official business involving national security or interests or confidential matters.
4. Persons referred to in the preceding three sub-paragraphs who have retired or been discharged from duties or ceased to be entrusted for less than three years.
5. County magistrates or city mayors.
6. Individuals or members of legal persons, organizations or other institutions entrusted, subsidized or invested to a certain level by government agencies (institutions) who engage in matters involving national core technologies. The preceding applies to those who have ceased to be entrusted, subsidized, or invested or resigned from the projects for less than three years.
Persons specified in the preceding two paragraphs shall notify the (original) agency they serve/served or the entrusting, subsidizing, or investing agencies (institutions) after returning from the Mainland Area. However, such notification shall be sent to the Executive Yuan in the case of mayors of special municipalities, to the Ministry of Interior in the case of county magistrates or city mayors, and to the immediate superior agency in the case of other heads of agencies.
Whether a person referred to in Sub-paragraphs 2 to 4 and Sub-paragraph 6 of Paragraph 4 is involved in national security or interests or confidential matters or national core technologies shall be determined by the (original) agency such person serves/served, the entrusting, subsidizing, or investing agencies (institutions), or the entrusted, subsidized, or invested legal persons or organizations or other institutions pursuant to the relevant regulations and the nature of the business.
The period of time set forth in Sub-paragraph 4 of Paragraph 4 during which a person who has retired or been discharged or ceased to be entrusted is required to apply for approval from the review committee in order to enter into the Mainland Area may be extended by the agency where the person originally served, the entrusting agencies, the entrusted legal persons, organizations, or other institutions based upon the nature of national security or interests or confidential matters and the business involved.
The (original) agency may require persons, referred to in Subparagraph 2 of Paragraph 4, who previously served in a capacity involving national security or interests or confidential matters and required to apply for approval from the review committee in advance for permission to enter into the Mainland Area as identified in the preceding paragraph, to file reports before and after travels to the Mainland Area, even if the time period set forth has lapsed.
In the event of the occurrence of any major unforeseen event that could affect major interests of the Taiwan Area or result in serious harm to cross-strait interaction, the Executive Yuan may request the Legislative Yuan to adopt a resolution which allow the Executive Yuan to give a public notice to prohibit or restrict people in the Taiwan Area from entering into the Mainland Area or take other necessary measure for a certain period of time. In the event that the Legislative Yuan fails to adopt such a resolution within one month during its session, such a request shall be deemed approved by the Legislative Yuan. However, the Legislative Yuan may approve the request retroactively in case of urgencies.
The people of the Taiwan Area who are permitted to enter into the Mainland Area may not engage in any activities detrimental to national security or interests.
The term “national core technologies” as used herein refers to the term “national core technologies” as defined in Paragraph 3, Article 3 of the National Security Act.
The rules governing the declaration procedure referred to in Paragraph 2, the granting of permission referred to in Paragraphs 3 and 4, and the notification procedure referred to in Paragraph 5 shall be drafted by the Ministry of Interior and submitted to the Executive Yuan for review and approval.
The rules governing a certain set of guidance and other compliance requirements in relation to being entrusted, subsidized, or invested to a certain level as set forth in Sub-paragraph 6, Paragraph 4 shall be drafted by the National Science and Technology Council in consultation with relevant agencies.
The rules pertaining to whom to report to, the time period, the procedure, and other compliance matters referred to in Paragraph 8 shall be drafted by the Ministry of Interior.
Article 92
Any currency or banknote not permitted to be brought in or taken out, or undeclared in violation of the provisions of Paragraph 1 or 2 of Article 38 shall be confiscated by the Customs; if it is not declared truthfully, the amount exceeding the declared shall be confiscated.
Any person conducting currency conversation, trading or other transactions in violation of the rules promulgated according to Paragraph 4 of Article 38, his/her Mainland Chinese currency, banknotes or proceeds of sales shall be confiscated; any financial institution or foreign currency exchange bureau which violates the rules shall be punished or concurrently punished with an administrative fine of not less than three hundred thousand but not more than one million five hundred thousand New Taiwan Dollars.
The competent authorities or the Customs may request assistance from the police department when implementing the preceding two paragraphs.