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法規名稱(Title) Regulations on the Approval of Investment in or the Operation of Foreign Flag Fishing Vessels Ch
公發布日(Date) 2017.01.20
法規沿革(Legislative) 1.The entire text of 10 Articles enacted and promulgated on 16
October 2009 by the Council of Agriculture, the Executive
Yuan under Order No. Nung-yu-tzu 0981332539.
2.The entire text amended to 9 Articles and promulgated on 20
January 2017 by the Council of Agriculture, Executive Yuan
under Order No. Nung-yu-tzu 1061332120.
法規內文(Content)
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 fishing 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; and
(8) Date of commencing the business operation of the investment.
 
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:
(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 four million New Taiwan Dollars.
(3) He who violates for three times within three years shall be 
subject to a fine of six million New Taiwan Dollars.
(4) He who violates for four 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.