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Regulations for Supervising International-Shipping
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1990.04.01
MINISTRY OF COMMUNICATION
REGULATIONS FOR SUPERVISING INTERNATIONAL-SHIPPING-AGENCY SERVICES
(promulgated by Decree No. 10 of the Ministry of Communications, March
2,1990)
Article  1 The present Regulations are to strengthen supervision  of
international-shipping-agency services and meet the Country's foreign
economic relations development needs and international-shipping-industry
requirements.
Article  2 The present regulations are applicable to agency  services
vessels for international navigation.
Article 3 The Ministry of Communications of the People's Republic  of
China (hereinafter referred to as the Ministry of Communications) is the
State organization for supervising shipping-agency services.
Article  4 Only shipping agencies established with the approval of the
Ministry of Communications are permitted to handle  shipping-agency
services. The shipping agencies must be legal persons of  State
enterprises of the People's Republic of China. The number of shipping
agencies permitted in each harbor shall be determined by the Ministry of
Communications in the light of actual needs arising from the harbor's
business.
Article 5 A shipping agency shall meet the following requirements before
it can be established:
(1) It operates on its own and is able to bear civil responsibility
independently;
(2) Its legal representative has professional knowledge and capable of
handling experience in international-maritime-shipping-agency services;
(3)  It has essential full-time personnel in  business,  Customs
declaration, finance, foreign languages and other disciplines;
(4) It is familiar with China's laws, regulations and requirements
concerning vessels for international navigation and is able to urge and
help vessels using its agency service to observe and implement them
conscientiously;
(5) It has articles of association, permanent organization, work place
and necessary transport and telecommunication facilities;
(6) It has funds for its business operations.
Article 6 An application for permission to establish a shipping agency
shall be submitted in written form to the organization in charge of
communications in the locality where the agency is to be situated.
The application shall include the following items:
(1) The agency's name (including its English translation), detailed
address (in both Chinese and English), telephone, cable and telex
numbers, and post-code;
(2) Its projected business items;
(3) A certificate of its registered capital and the capital it actually
has or guarantee fund;
(4) The name, age, profession, detailed experience and address of its
legal representative;
(5) The agency's articles of association, organizational structure and
disposition of professional personnel.
Article 7 The application for permission to establish a shipping agency-
after  being checked by the departments in charge of communications in
the locality  where the agency is to be situated and the province
(municipality, autonomous region) concerned-shall be submitted to the
Ministry of Communications for examination and approval. The  Ministry
of Communications will decide to approve or disapprove the application
after examining it in the light of the actual need and the requirements
of the present Regulations.
If the application is approved, the applicant shall take alone the
Ministry of Communications' document of approval and register with the
Administration for Industry and Commerce in the locality where the
agency is situated and obtain its license before it can  start
operations. After starting operations, it shall submit, within 15 days,
photocopies of its license to the Ministry of Communications and the
departments in charge of communications in the locality where the agency
is situated and in the province concerned for the record.
Article 8 The Ministry of Communications may determine the scope  of
business of the shipping agency in the light of its scale, capital,
capability, conditions and relevant regulations.
Within the scope of business approved by the Ministry of Communications,
the shipping agency may handle part or all of the following agency
operations at the request of a shipping company;
(1) Making contacts and arranging for the entry into or exit from a
harbor, locking and loading or unloading of ships;
(2) Making customs declarations for ships, cargoes and containers;
(3)  Handling  consignment,  transshipment  and  combined-through-
transportation of cargoes and containers;
(4) Signing bills of lading, transport contracts and agreement for rapid
ship dispatch or holdup of ships;
(5) Handling international-passenger shipping;
(6) Organizing freight and ordering shipping space for cargo owners;
(7) Arranging for rescue and salvage at sea and undertaking maritime and
admiralty affair

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