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Shanghai Border Security Management

Original Language Title: 上海市沿海边防治安管理办法

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Coastal policing approach at sea

(Summit No. 154 of the Government of the Shanghai City of 8 October 2012 to consider the publication, effective 1 January 2013, of Decree No. 92 of 20 November 2012.

Chapter I General

Article 1 (Deputy and basis)

In order to strengthen coastal border security management in the city, maintain coastal policing and order, this approach is based on the provisions of the relevant legislation.

Article 2 (As applicable)

This approach applies to the border security management of ships and associated personnel that are pilgriming, navigation and production operations in this city, mountainous areas, kichia, coastal waters in gold mountainous areas and their coastal areas. However, the border security management of vessels and associated personnel is the exception of military ships, official ships and State shipping vessels, as well as international navigation vessels.

Article 3 (Deputy authorities)

The Public Security Authority of the Shanghai City is the competent authority for the management of the coastal border security in the city, with the specific responsibility of the public security border authorities in the management of the coastal border in the city.

Article IV

The administrations such as transport ports, agriculture, the oceans, environmental protection, water, business, maritime, access inspection and customs, in line with their respective responsibilities, cooperate with the security sector in the management of coastal border policing.

Article 5 (Action-related)

The public security border sector should establish information-sharing, law enforcement and intermodal working mechanisms with sectors such as agriculture, oceans, environmental protection, water, maritime, customs, etc., to combat criminal activities in conflict with the law and to deal with maritime emergencies in a timely manner and to maintain border policing.

The public security border sector has found violations of fisheries fishing fishing management, ocean management, environmental protection, maritime transport management, customs regulation and destruction or affect the safety of the plant.

Article 6 (Promoting and rewarding)

Units and individuals are encouraged to assist the public security border authorities in the maintenance of ports, terminals and border policing order. Units and individuals found guilty of criminal acts or suspected criminal offences, suspicious items should be reported to the public security sector; the public security border sector should be rewarded by evidence.

Chapter II

Article 7.

In accordance with national provisions relating to ship registration, detection, etc., sea navigation operations have been made available to the competent maritime, agricultural authorities for the purpose of obtaining the relevant documents, which should be presented to the vessel's port or to the public safety border sector of the ship's location.

In the absence of the “Chief of Sea Ships” in the offshore waters of the city, sea transport should be carried out in accordance with the State's relevant provisions to the local public security border sector.

The vessel provided for in the preceding paragraphs did not receive the “Chief of the Carriage of Sea Ships” and could not be shipped.

Article 8.

Those who had completed 16 years of age, had not held the People's Republic of China Seafare or the Shipkeeper's Service books needed to carry out sea navigation operations, which should be presented to the vessel's port or to the public security sector in the ship's location. Those who have not obtained documents of seafarers or of the People's Republic of China Seafarers, shipfarers' service books are not allowed to carry out sea navigation operations.

Persons travelling with fishing vessels from sea recreational tourism should be registered by the ship-holder for their identity documents and sent back to the public security border sector at the seat of the vessel before the sea.

Article 9 (Application)

The author's units or individuals of the Shanghai Shiphouse, the Carriage of Sea Ships, shall apply to the public security border sector and submit the material in accordance with the request. The public security border sector should require a directory of the material to be presented at the service window and the political website.

Article 10 (Review)

The public security border sector has been reviewed within three working days from the date of receipt of the party's application. In accordance with conditions, the relevant documents should be issued; in one of the following cases, they are not issued and communicated in writing to the parties:

(i) The accused of criminal cases, the public security authorities, the national security authorities, the People's Procurator's Office, and the people's courts, found guilty of crimes;

(ii) Criminals sentenced to control, imprisonment, probation and maintenance for medical treatment;

(iii) The People's Court informed that there were no economic, civil cases;

(iv) The use of vessels for smuggling or transport of persons entering and exiting illegally;

(v) The post-availability of national security or the significant loss of national interest;

(vi) Other cases provided for by law, regulations and regulations.

Article 11 (Servicing requirements)

In the case of vessels that have been received from the Carriage of Sea Ships and those holding the Seafarer or the People's Republic of China Seafarer, the Shipkeeper's Service books, the vessel's service books should be equipped with relevant documents and subject to inspection by the public security border sector.

The head of the ship shall not hire or carry out the seafare operation.

Article 12 (Effective period of documentation)

The period of effectiveness of the Sea Ship Terminals, the Carriage of Seafarers will not exceed four years; the period of effectiveness of the Interim Arrangement of Seafarers by the Proclamation Body for a maximum of one year.

Article 13 (Annual test)

The public security border sector conducts an annual review of the Sea Ships' Orientation, and the Carriage of Sea Ships, in accordance with the relevant national provisions. The documents that have not been examined in the year are invalid.

Article 14.

Shipowners have changed, renovated, sold, leased, or hold random shipowners of the Carriage of Sea Ships, and the ship's chiefs should process changes to the licensee's public security border sector.

Article 15 (Clectual write-off)

The loss or loss of the ship and the termination of the sea by the persons holding the Hearing of Ships' Witnesses should be carried out with the licensed public security border authorities in connection with the write-off of sea border documents.

The death of persons holding the Hearing of Ships was cancelled by the licensee's public security sector.

Article 16 (Prevention of conduct 1)

It is prohibited from borrowing or using the “Chief of Ships” of the vessel and from the Ship.

It prohibits the falsification, conversion or use of the falsification and transgeration of the Sea Ships, and the issuance of seafarers.

Chapter III

Article 17 (Perce and protection)

The head of the ship is the security responsibility of the ship; the security management of sea vessels is responsible for the ship.

Sea ships should be established by CNDP or by a security defender, in accordance with the ship's metric, mapower, suffrage.

Article 18

Ships should be prepared in accordance with the relevant provisions to mark the port of shipownership and maintain clarity. The mark of the vessel, the vessel and the port of the ship shall not be automatically removed, moved, garbage, painted and forged.

Article 19 (Service of vessels)

The ports, terminals of the ship's access to coastal waters should be made available to the public security border sector in ports, at least sites, for border crossings and for inspection in the public security border sector.

Article 20 (Prevention of conduct II)

The following activities are prohibited:

(i) Confidential documents that are not relevant to the operation of the navigation;

(ii) Illegal retention and disposal of prohibited goods buoyed by sea;

(iii) Illicit interception or donation, wilful shocks and theft of other vessels;

(iv) The unauthorized entry, suspension of the State and the city of this city of the sea or the islands;

(v) The seizure of others at sea or the seizure, destruction of vessels and other items on board at sea for reasons such as fishing disputes;

(vi) The normal production of vessels by other persons;

(vii) To operate in a manner that endangers public safety, such as electric shocks, explosions, the importation of toxic substances;

(viii) Damage, theft of breeding, fishing facilities and products of others;

(ix) Forced acquisition, sale, saving, exchange of fish or other items;

(x) Illegal transport, storage, sale and oil;

(xi) Smuggling, drug trafficking, trafficking in firearms and ammunition, organized and transported the illegal exit of others;

(xii) Laws, regulations and regulations prohibit other activities.

Article 21, reporting system

Ships should report immediately to the public security border sector and receive inquiries, inspections, as a result of force majeure or emergency avoidance, access, suspension of coastal waters or islands prohibited by the State and the city.

Article 2 (Report on ship loss)

Ship holders should report immediately to the public security border sector where the incident occurred or the licensee.

Chapter IV Legal responsibility

Article 23.

In violation of the provisions of this approach, the laws and regulations such as the Law on the Safety and Security of the People's Republic of China are governed by their provisions.

Article 24 (Criminal punishment in violation of the registration requirement for sea-based tourists)

In violation of article 8, paragraph 2, of the present approach, the head of the fishing vessel did not register identity documents for persons travelling on sea-to-size-flight tourism and reported back to the public security border sector, which was ordered by the public security border sector to reorder, give warning and could impose a fine of up to $500,000.

Article 25 (Contradition of the provisions of the management of sea documents)

One of the following acts is fined by the Public Security Border Service to the head of the ship or other direct responsible person by more than 5,000 dollars:

(i) In violation of article VII, article 8, paragraph 1, of the present scheme, the operation of sea navigation by persons who have not received a vessel from the Carriage of Ships or who have not obtained an effective navigate document, such as the “Accreditation of the vessel”;

(ii) In violation of article 16, paragraph 1, of this scheme, by borrowing or using other persons' “Chidings of sea vessels”, by means of a certificate of origin;

(iii) In violation of article 16, paragraph 2, of the present approach, forgery, conversion or use of falsification, transcendation of the Sea Ships' Orientation, and for the Carriage of Sea Ships.

One of the following acts is a warning by the public security border authorities to the head of the ship or other direct responsible person and a fine of up to 1000 dollars:

(i) In violation of article 11, paragraph 1, and article 13, of this approach, ship and persons carrying out sea navigation operations are not subject to the required documents or documents carrying them without annual review;

(ii) In violation of article 11, paragraph 2, of this approach, the operation of sea navigation for persons who hire or carry out sea documents that are not valid;

(iii) In violation of article 14, article 15, paragraph 1, of the present approach, the non-conformation of the “Chief of the Carriage of Sea Ships” or changes in the Carriage of Seafarers.

Article 26 (Currences in violation of the regulations governing the security of ships and persons)

In violation of article 18 of this approach, there is one of the following acts, which are being restructured by the public security border authorities, with a fine of up to 5,000 dollars for the head of the ship or other direct responsibilities:

(i) Not to establish a vessel name, ship and mark the port of naturalization, or the vessel's name, vessel number, shipowner's mark;

(ii) Reforestation, movement, garbage, painting, falsification of ship names, vessel number, shipport.

One of the following acts is a warning by the public security border authorities to the head of the ship or other direct responsible person and a fine of up to 1000 dollars:

(i) In violation of article 19 of this approach, ports, terminals of the ship's access to and from coastal waters are not processed under the provisions for the processing of border visa procedures for entry and exit ports;

(ii) In violation of article 21 of this approach, ships are not reported to the public security border sector after their return to their ports because of force majeure or emergency avoidance of risk, access, suspension of the State and the city's prohibition, restricted access to coastal waters or islands;

(iii) In violation of article 22 of this approach, the occurrence of disappearances, silence and destruction of ships has not been reported to the public security border sector.

Article 27 (in violation of the prohibition of penalties)

In violation of article 20, paragraphs 2, 3, 6 and 6, of this scheme, one of the following acts is fined by the public security border authorities to the head of the ship or other directly responsible personnel by more than 5,000 dollars; in the case of severe penalties of over 5,000 yen:

(i) Illegal retention and disposal of prohibited goods buoyed by sea;

(ii) The intentional impact on the ship of others;

(iii) The normal production of vessels by others.

In violation of article 20, paragraph 4, of the present approach, unauthorized access, suspension of coastal waters that are restricted to entry, or the islands are fined by the public security border sector of over $500,000.

Article 28 (Administrative responsibility)

The members of the public security border sector are one of the following acts, either by their units or by the superior authorities, warning or disposing of the person responsible for direct responsibility under the law; in the light of the gravity of the circumstances, by giving him or her aggregation or by degrading; in the case of serious circumstances, by granting the dismissal:

(i) The application of the eligible border documents is inadmissible without justification;

(ii) Violations of procedures for the clearance of sea border documents;

(iii) The detection of violations and the failure to investigate them in a timely manner.

Chapter V

Article 29 (Actual date of application)

This approach has been implemented effective 1 January 2013. Decision No. 78 of 29 December 1999 of the Government of the Shanghai City, amended by the decision of the Government of the Shanghai Municipalities to amend the provisions of the provisions of the Convention on the Control of Roads in the City of the Shanghai City and, in accordance with Regulation No. 52 of 20 December 2010, the decision of the Government of the Shanghai People's Government to amend the provisions of the Convention on the Protection of the Coastal Land, including the Decision of the Government of the Republic of the Republic of the Sudan on the amendment of the Decision of the Government of the Republic of the Republic of Cyprus of 2 July 2012.