(Promulgated by the Decree of the People’s Government of Jiangsu Province (No. 25)on March 22, 1992; amended for the first time according to the Decisions of the People’s Government of Jiangsu Province on Amendment of Measures of Jiangsu Province on Administration of Domestic Vessels Mooring to Foreign Vessels promulgated by the Decree of the People’s Government of Jiangsu Province (No. 113) on December 15, 1997 and entering into effect as of the date of promulgation; amended for the second time according to the Decisions of the People’s Government of Jiangsu Province on Amendment of the 21 Rules such as the Measures of Administration of Tobacco Monopoly which were discussed and adopted at the Fifty-ninth Executive Meeting of the People’s Government of Jiangsu Province on January 4, 2011 and promulgated by the Decree of the People’s Government of Jiangsu Province (No. 68) on January 7, 2011, and entered into force on the date of release.)
Article 1 These Measures are formulated in accordance with relevant provisions of the state, in light of the specific situation of this Province, and for the purpose of safeguarding the state sovereignty and security and strengthening the administration of domestic vessels mooring to foreign vessels.
Article 2 “Domestic vessels” as referred to in these Measures are the domestic civilian ships sailing in open ports of this Province and in the Yangtze River such as passenger ships, supply ships, towboats and cargo carriers; “foreign vessels” are those civilian ships of foreign nationalities anchoring at open ports of this Province such as merchant ships, passenger ships, tourist ships, research ships, exploration ships and fishing boats.
Article 3 The frontier inspection stations set at open ports of this Province by the state are responsible for the administration of domestic vessels mooring to foreign vessels.
Article 4 Where domestic vessels have need to moor to foreign vessels,they shall report to the frontier inspection station for approval. The License of Mooring to Foreign Vessels (hereafter abbreviated as Mooring License) shall be applied for as a passport for mooring to foreign vessels.
Passenger ships of state organs participating in joint inspection in accordance with certain provisions of the state, fire-fighting ships and emergency rescue ships performing their duties, and towboats used for ferrying maritime pilots and guiding foreign vessels to enter or leave the harbour are exempt from applying for the Mooring License.
Article 5 Where domestic vessels have need to moor to foreign vessels,before applying for the Mooring License, the units using the vessels or the captains of the vessels shall apply to the frontier inspection station for filling an application form for mooring to foreign vessels and submit relevant certifying materials, which shall be verified by the frontier inspection station.
Article 6 Mooring License falls into two types: long-term license and temporary license. One license is only for one vessel and shall not be transferred. The long-term Mooring License is valid for one year and the validity for the temporary one shall not exceed the in-port time of the foreign vessels to be moored to.
Article 7 When domestic vessels moor to foreign vessels, the Mooring License shall be submitted to the duty officer of the frontier inspection station for examination. Domestic vessels without the Mooring License or with an invalid Mooring License are not permitted to moor to foreign vessels.
Article 8 The Mooring License is not to be granted to the following vessels:
(1) vessels suspected to be engaging in illegal activities;
(2) vessels involved in unlawful trade;
(3) fishing ships;
(4) vessels involved in activities unrelated to the business of foreign vessels; or
(5) vessels or their crew that have been punished by the frontier inspection station within three months.
Article 9 Domestic vessels and their crew approved to moor to foreign vessels shall observe the following rules:
(1) mooring to foreign vessels shall be done within the validity of the Mooring License;
(2) no mooring to foreign vessels is permitted unless it is necessary;
(3) the administration by the frontier inspection station shall be followed;
(4) no activity endangering national security and social security may be engaged;
(5) unauthorized persons are not to be shipped;
(6) crew from foreign vessels are not to be shipped without approval from the frontier inspection station;
(7) when there is need to board or disembark foreign vessels, or board or disembark one’s own vessel through foreign vessels, the captain shall furnish the frontier inspection station with a name list of his crew and go through necessary formalities for mooring to foreign vessels; and
(8) persons boarding foreign vessels shall submit their identification certificates to the frontier inspectors for examination and shall not engage in activities unrelated to their duties on foreign vessels.
Article 10 The units and captains in charge of domestic vessels mooring to foreign vessels shall strengthen management over the crew, educate them to obey the laws and regulations of the state and relevant provisions, and help the frontier inspection station in the administration of domestic vessels mooring to foreign vessels.
Article 11 Domestic vessels with or without Mooring License, except for passenger ships or towboats used for ferrying joint inspectors, are not permitted to moor to foreign vessels which have not gone through entry inspection or have finished exit inspection or are under inspection.
Article 12 In case any of the following activities in violation of these Measures occurs, the frontier inspection station shall give a warning and impose a fine of not less than RMB 500 yuan and not more than RMB 5,000 yuan in light of the seriousness of the case. If the offense constitutes a crime, they shall be investigated for criminal liability according to law.
(1) mooring to foreign vessels without the Mooring License or mooring to foreign vessels not authorized by the Mooring License;
(2) mooring without permission to foreign vessels which have not gone through entry inspection or have finished exit inspection or are under inspection;
(3) carrying on board persons who do not hold valid identification papers to board or disembark foreign vessels without approval from frontier inspectors;
(4) when domestic vessels moor to foreign vessels, their crew board or disembark foreign vessels without applying for a certificate or without a valid certificate;
(5) forging or altering the documents for mooring to or boarding foreign vessels; or
(6) mooring to foreign vessels with an invalid certificate.
Article 13 In case any citizen, legal person or other organization is not satisfied with the specific administrative act made by the frontier inspection station, he/it may apply to the frontier management organ at the higher level for reconsideration. The applicant may file a suit at the people’s court if he is dissatisfied with the decision made in the reconsideration, or he may file a suit at the people’s court directly.
Article 14 When implementing these Measures, the frontier inspection station and its working personnel shall act in strict accordance with the law, and their malpractices for personal gains shall be strictly forbidden. Violators shall be given an administrative sanction in accordance with relevant provisions. If their acts constitute a crime, they shall be investigated for criminal liability according to law.
Article 15 These Measures shall enter into effect as of April 15, 1992.