The Government of the Republic of China (Taiwan) and the
Government of the Republic of Guatemala, (hereinafter referred
to as "the Contracting Parties");
RECOGNIZING the importance of maritime relations between their
DESIRING to develop further these relations harmoniously, taking
into account the freedom of maritime transport and to
strengthen, as much as possible, international cooperation in
REAFFIRMING their adherence to the principle of freedom of
navigation and their commitment to refrain from any action which
might hamper the operation and development of maritime
In accordance with the principles of equality and mutual benefit
Have agreed as follows:
Article 1 Definitions
For the purpose of this Agreement, the following terms shall be
a) crew members: all persons, including the master, actually
employed under contract for duties on board a vessel during a
voyage and included in the crew list;
b) ports of the Contracting Parties: sea ports, including
roadsteads, in the territory of either Contracting Party
which are approved and open to international shipping;
c) vessel of a Contracting Party: any merchant vessel
registered in the territory and flying the flag of either
Contracting Party or operated/bareboat chartered by a
shipping company operating under the laws and regulations of
either Contracting Party.
However this term does not include:
i) vessels exclusively used by the armed forces;
ii) vessels for hydrographic, oceanographic and scientific
iii) fishing vessels, fishery research and inspection vessels
and fish factory vessels;
iv) vessels destined for providing port, roadstead and beach
services, including pilotage, towage, assistance and rescue
Article 2 Competent Authority
1.For the purpose of this Agreement, the competent authority
a) in the case of the Republic of Guatemala, The Ministerio de
Comunicaciones, Infraestructura y Vivienda or its successor;
b) in the case of the Republic of China (Taiwan), The Ministry
of Transportation and Communications or its successor.
2.In case any of the competent authority is changed, the name of
the new authority shall be notified to the other Contracting
Party through diplomatic channels.
Article 3 Participation in Transport
1.The Contracting Parties agree to:
a) encourage the participation of their vessels in maritime
transport between their ports and not to prevent vessels,
flying other flags, to participate in maritime transport
between their ports and ports of third countries under their
b) cooperate with a view to eliminate any obstacle which might
impede the development of maritime trade between their ports
and which might interfere with the various activities
connected with such trade.
2.Shipping companies from third countries, as well as vessels
flying the flag of a third country, may participate in the
transport of goods in the framework of the bilateral trade of
the Contracting Parties.
3.The Contracting Parties endeavour to implement the relevant
international instruments concerning the safety of vessels,
the protection of the marine environment as well as the
conditions of living and work of seamen.
Article 4 Free Transfer
1.A Contracting Party shall grant to shipping companies of the
other Contracting Party the right of free transfer in
convertible currency of all revenues earned by those companies
from activities covered by this Agreement in the territory of
the First Contracting Party.
2.Such transfers shall be possible to be effected regularly and
without delay and shall be based on official exchange rates
for current payments or, where there are no official exchange
rates, at the prevailing foreign exchange market rates for
current payments. No charges other than normal bank charges
shall be applicable to such transfers.
Article 5 National Treatment
1.A Contracting Party shall grant in its ports to the vessels of
the other Contracting Party the same treatment as rendered to
its own vessels with respect to the collection of port dues
and taxes, access to ports, freedom to enter, remain in and
leave ports, the use of port facilities and to all facilities
granted by it in connection with navigation and commercial
operations for the vessels and their crew members, passengers
and cargo. This provision shall also apply to the allocation
of berths and to facilities for loading and unloading.
2.The provisions of paragraph 1 shall not apply to shipping
activities legally reserved by a Contracting Party to its own
vessels, such as towage and pilotage.
3.A Contracting Party shall grant the same national treatment to
the establishment and the operation of shipping companies,
shipping agents, and freight forwarders in the other
Article 6 Agents and Representatives
Shipping companies operating in the territory of one Contracting
Party, shall be entitled to establish functioning
representations in the territory of the other Contracting Party,
in accordance with the latter's laws and regulations.
Article 7 Facilitation
1.The Contracting Parties shall, within the framework of their
respective laws and regulations, take all necessary measures
to facilitate and expedite maritime traffic, prevent
unnecessary delays to their vessels, expedite and simplify the
carrying out of customs, health, and other administrative
formalities applicable in ports and to facilitate the use of
the available port reception facilities.
2.As far as such formalities prescribed in paragraph 1 are
concerned, the treatment granted in a port of one Contracting
Party to any vessels of the other Contracting Party, shall be
the same as that granted to the vessels of the first
Article 8 Recognition of the Vessels' Documents
1.A Contracting Party shall recognize the nationality of the
vessels of the other Contracting Party, as proved by the
documents on board that have been issued by the competent
authority of the other Contracting Party in accordance with
its laws and regulations.
2.Vessels' documents, including documents listing the crew
members, issued or recognized by one Contracting Party shall
be recognized by the other Contracting Party.
Article 9 Recognition of the Crew Members' Documents
1.A Contracting Party shall recognize the crew members' identity
documents issued by the respective authorities of the other
Contracting Party and grant to the holders of such documents the
right stipulated in articles 9, 10 and 11 of this Agreement,
under the conditions stipulated therein.
2.The Contracting Parties shall recognize as identity document
the Seaman Service Book.
Article 10 Disembarkment of Crew Members
1.During the time a vessel of one Contracting Party is in a port
of the other Contracting Party, each crew member of that
vessel shall be permitted shore leave in the municipal
district to which the port belongs, where he can show the
relevant identity document mentioned in Article 9 of this
Agreement. Such leave shall only be permitted if the master
has submitted to the appropriate authorities at the port, a
crew member list in accordance with the regulations in force
in that port.
2.When going ashore and returning to the vessel, the crew member
in question shall be subject to the control and customs
formalities in force in that port.
Article 11 Migratory Permits
1.Crew members on duty of one Contracting Party holding the
relevant identity documents mentioned in Article 9, have the
right, regardless of the mode of transport, to enter the
territory of the other Contracting Party or pass through that
territory in order to join their vessel, to be transferred to
another vessel, to return to their country, or to travel for
any other purpose with the consent of the relevant authorities
of that other Contracting Party.
2.In all cases referred to in paragraph 1 no visa is required.
3.When a crew member of one Contracting Party, holding a
relevant identify document mentioned in Article 9, disembarks
in a port of the other Contracting Party for reasons of
health, purpose of service or other reasons recognized as
valid by the relevant authorities of that other Contracting
Party, these authorities shall give the necessary permission
in order to enable the crew member to remain in their
territory, to receive medical attention or to be hospitalized
and to return to his country by any means of transportation or
to go another port of embarkment.
4.Any crew member on duty holding the identity document
mentioned in Article 9, but not possessing the nationality of
one Contracting Party, may be granted the entry or transit
visa or permit required entering the territory of the other
Contracting Party, provided readmission to the country of
origin or residence, which issued his traveling document, is
Article 12 Special Permits
1.Without prejudice to the provisions of Articles 9, 10 and 11
of this Agreement, the applicable laws and regulations of
either Contracting Party concerning entry, stay and
termination of stay of foreigners remain in force.
2.The provisions of Articles 9, 10 and 11 do not restrict the
right of either Contracting Party to refuse entry to its
territory to any crew member and holder of any of the identity
documents mentioned in Article 9 whom they consider
undesirable, which will have to be informed properly to the
Article 13 Jurisdiction
1.For the safe manning of merchant vessels of one Contracting
Party with qualified personnel, its shipowners may engage, in
accordance with its relevant laws and regulations, qualified
nationals of the other Contracting Party.
2.Any disputes arising out of the respective contract of
employment between a ship owner of one Contracting Party and a
seaman of the other Contracting Party shall be referred for
settlement solely to the relevant judicial or administrative
authorities of either Contracting Party.
Article 14 Assistance to Vessels in Distress
1.If a vessel of one Contracting Party is shipwrecked, runs
aground, is cast ashore, or suffers any other accident off the
coast in the territory of the other Contracting Party, the
vessel and its cargo shall enjoy in the territory of the other
Contracting Party the same benefits and privileges and accept
the same liabilities as are accorded to a vessel of that
Contracting Party and its cargo. The master, the crew members
and passengers, as well as the vessel itself and its cargo,
shall be granted, at any time, the help and assistance to the
same extent as in the case of a national vessel.
2.The cargo, equipment, fittings, stores or other articles
rescued from a vessel which has suffered an accident referred
to in paragraph 1 shall not be liable to customs duties or
other taxes of any kind imposed upon or by reason of
importation, provided that they are not delivered for use or
consumption in the territory of the other Contracting Party.
3.Nothing in the provisions of paragraph 2 shall be construed so
as to preclude the application of the laws and regulations of
the Contracting Parties with regard to the temporary storage
4.Nothing in this Article shall limit a Party from making a
claim for salvage in respect of any help or assistance given
to a vessel and its cargo.
5.The competent authorities of one Contracting Party, in whose
territory a vessel of the other Contracting Party has suffered
a casualty as described in paragraph 1, shall immediately
notify of the event the nearest consular representative of the
other Contracting Party and conduct an investigation into the
cause of the casualty or provide every possible assistance for
carrying out such investigation.
Article 15 Committee of Maritime Transport
The Committee of Maritime Transport established in the Article
14.04 and Annex 14.04 of the Free Trade Agreement between the
Republic of China (Taiwan) and the Republic of Guatemala, will
be the manager of the effective implementation of the present
Agreement and of the facilitation of maritime transport between
the territories of the Contracting Parties.
Article 16 Entry into Force and Withdrawal
1.A Contracting Party shall notify the other Contracting Party
of the completion of the legal procedure required for bringing
this Agreement into force. This Agreement shall come into
force on the first day of the second month from the date of
receipt of the latter notification.
2.This Agreement shall remain in force for an indefinite period.
It may be withdrawn at any time by either Contracting Party
notifying the other in writing through diplomatic channels. In
such case, the Agreement shall cease to have effect six months
after such notification is received.
Article 17 Amendments
1.Any amendment to this Agreement shall be agreed in writing
through the exchange of notes by the designated authorities of
Article 2 of this Agreement.
2.The amendment agreed on shall enter into force once approved
in accordance with the applicable legal procedures of each
Contracting Party, in accordance with what established in
paragraph 1 of Article 16.
Article 18 Authentic Texts
The English, Spanish and Chinese texts of this Agreement are
equally authentic. In case of differences in the interpretation
of the text of this Agreement, the English version shall
IN WITNESS WHEREOF, the undersigned, being properly authorized
by their respective Governments, have signed this Agreement.
Done in Guatemala City, the Republic of Guatemala, in duplicate
in Chinese, Spanish and English languages, on the 22nd day of
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF
REPUBLIC OF CHINA (TAIWAN) THE REPUBLIC OF GUATEMALA
CHEN SHUI - BIAN OSCAR BERGER PERDOMO
WITNESSES OF HONOR:
HO MEI - YUEH MARCIO CUEVAS QUEZADA
MINISTER OF ECONOMIC AFFAIRS MINISTER OF ECONOMY
LIN LING - SAN MANUEL EDUARDO CASTILLO ARROYO
MINISTER OF TRANSPORTATION MINISTER OF COMMUNICATIONS,
AND COMMUNICATIONS INFRASTRUCTURE AND HOUSING