跳到主要內容區塊

主管法規查詢系統

:::

英譯法規內容

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) 2018.01.30
法規沿革(Legislative) 1.The full text of ten articles promulgated on 16 October 2009
by the Council of Agriculture, Executive Yuan under Order No.
Nung-yu-tzu 0981332539.
2.The full text amended and promulgated on 20 January 2017 by
the Council of Agriculture, Executive Yuan under Order No.
Nung-yu-tzu 1061332120.
3.Articles 4, 5, 8, 9 amended and promulgated on 30 January
2018 by the Council of Agriculture, Executive Yuan under
Order No. Nung-yu-tzu 1071332253.
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 the fishing permit or catch transportation 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; 
(8)Date of commencing the operation of the business invested;
(9)He/She who charters a fishing vessel shall enclose the 
   charter contract, and in case for a joint chartering, a list 
   of all persons participating in such a joint chartering shall
    also be enclosed.
 
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 with the 
enclosure relevant proving document(s):
(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 five million New Taiwan Dollars.
(3)He who violates for three 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.
 
Amendment to these Regulations shall enter into force upon 
promulgation.