(Effective Date:1992.07.12–Ineffective Date:)
Article 1. These procedures are formulated to strengthen control over foreign businesses in participating in the salvaging of sunken ships and Article 2. These procedures apply to activities involving salvaging of sunken ships and sunken articles of commercial value in China’s coastal These procedures are not applicable in case that the sunken ships and sunken articles in China’s coastal waters are salvaged by the Article 3. Definitions of terms used in these procedures: (1) Foreign businesses refer to foreign enterprises, other economic organizations or individuals. (2) Coastal waters refer to inland sea and territorial sea of the People’s Republic of China (PRC) and sea areas under the jurisdiction (3) Sunken ships and sunken articles refer to all kinds of ships and articles, including their main bodies and equipment, all goods Sunken naval ships and weaponry of important military value and sunken ship and sunken articles specified as cultural relics are not (4) Salvage operations refer to the engineering operations on the sunken ships and sunken articles, including scanning, measuring, (5) Salvage operators refer to the agencies or individuals actually engaged in salvage operations. Article 4. The Chinese government protects by law the legitimate income and other lawful rights and interests of the Chinese and foreign parties Sino-foreign salvage parties in all their activities must abide by PRC’s relevant laws, regulations and rules and accept control and Article 5. The Ministry of Communications of PRC is in charge of matters related to the participation of foreign businesses in the salvaging Article 6. Participation of foreign businesses in the salvaging of sunken ships and sunken articles in China’s coastal waters can take the following (1) Foreign businesses can conclude with the Chinese party a joint salvage contract which stipulates their mutual rights and obligations (2) Foreign businesses can set up with the Chinese party a Chinese-foreign cooperative salvage enterprise. Article 7. The Chinese salvage operator must be a professional salvage outfit with qualifications for carrying out salvage operations. The qualifications Article 8. The objects for salvage must be clearly stated in the joint salvage contract and the contract for the cooperative salvage enterprise. Article 9. The Ministry of Communications is solely responsible for organizing negotiations with foreign businesses on salvaging sunken ships Article 10. Joint salvage contracts signed by foreign businesses and Chinese salvage operators should be compatible with relevant stipulations Foreign businesses and Chinese salvage operators in forming cooperative salvage enterprises should perform the procedures for approval Article 11. The submission of contracts for joint salvaging or cooperative salvage enterprises to departments in charge for approval must be The department in charge of examination and approval of the aforementioned contracts should decide to approve or disapprove within Article 12. After a joint salvage contract is approved, the foreign business should apply to PRC State Administration for Industry and Commerce Article 13. In the case of foreign businesses taking part in salvaging sunken ships and sunken articles in the inland sea or territorial sea In the case of foreign businesses taking part in salvaging sunken ships and sunken articles in sea areas outside PRC inland or territorial Article 14. With conditions being equal, foreign businesses should give preference to Chinese salvage operators from whom to rent ships and equipment Article 15. The objects retrieved through salvage operations with the participation of the foreign businesses on sunken ships and sunken articles (1) Sunken ships and sunken articles raised in PRC inland sea or territorial sea belong to PRC, and foreign businesses will share Chinese salvage operators will share the benefits from the retrieved objects or their value in price in accordance with State regulations (2) Sunken ships and sunken articles retrieved from sea areas under PRC jurisdiction outside its inland or territorial sea, their (3) The finding of cultural relics among retrieved objects or discoveries of new cultural relics in the process of salvage operations Article 16. The retrieved objects legitimately obtained by foreign business can be purchased by Chinese government departments concerned at international Foreign exchange receipts or other income of foreign business can be remitted out of the country after tax payments. Article 17. Before the start of their salvage operations, the operators should request the issue of the warning signal for navigation in accordance The Ministry of Communications should inform the National Bureau of Oceanography and other departments concerned of the time of beginning Salvage operators must restrict their salvage operations within the operational areas permitted by the port authority, and report Article 18. Chinese and foreign salvage operators should together take part in the salvage operations throughout the process from beginning to Article 19. All retrieved objects should be inspected by departments concerned at places designated by Chinese government departments in charge. Article 20. Port authority has the right to call a halt to salvage operations on sunken ships and sunken articles carried out in China’s coastal The amount of compensation is to be determined in accordance with rules on punishments contained in sea navigation administrative Article 21. Participation of enterprises, other economic organizations or individuals from Hong Kong, Macao and Taiwan in the salvage of sunken Article 22. The Ministry of Communications is responsible for explanations of these Procedures. Article 23. These Procedures will take effect as of the date of promulgation.
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