DISCLOSURE: The laws require vessels to keep on their identification systems in Taiwan’s territorial waters to curb illegal activities and protect national security
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By Tsai Yun-jung and William Hetherington / Staff reporter, with staff writer
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Seven amendments that were passed last year, raising penalties for offenses including the intentional damage of undersea cables and other critical infrastructure, with maximum fines of up to NT$100 million (US$3.17 million), took effect on Wednesday last week.
The laws aim to prevent foreign vessels from falsifying their identities, concealing sailing routes, severing undersea cables and engaging in other illegal activities, said the Executive Yuan, which proposed the amendments.
The revisions amend the Telecommunications Management Act (電信管理法), the Electricity Act (電業法), the Natural Gas Enterprise Act (天然氣事業法), the Water Supply Act (自來水法), the Meteorological Act (氣象法), the Commercial Port Act (商港法) and the Law of Ships (船舶法). All seven amendments passed third readings in the legislature last month.
A map last updated on Dec. 3 last year shows undersea cable connections in East Asia.
Photo: Screen grab from TeleGeography
Under the revised regulations, vessels of any nationality entering Taiwan’s territorial waters that disable their automatic identification system (AIS) or fail to properly disclose vessel identification information face fines of up to NT$10 million and the possible confiscation of the ship. Those who damage meteorological facilities, undersea cables or other infrastructure face fines ranging from NT$2 million to NT$100 million, depending on the offense.
The measures were introduced after several incidents last year involving foreign vessels severing undersea cables or lingering in Taiwan’s offshore waters, raising national security concerns.
Amendments to the Law of Ships, overseen by the Ministry of Transportation and Communications, require vessels operating in Taiwan’s territorial waters to accurately disclose AIS data, hull markings — including vessel name and identification number — and navigation logs. Offenders face fines of NT$30,000 to NT$10 million, and the Coast Guard Administration may escort vessels into port and confiscate the ships. The rules also apply to yachts, small boats and vessel charterers.
Under the Commercial Port Act amendments, port operators, the Maritime and Port Bureau or designated authorities may order vessels to leave a commercial port within three months or relocate if their presence interferes with berth scheduling or port safety. Foreign commercial vessels that fail to comply without justification may be confiscated regardless of ownership.
Maritime Safety Division deputy head Chi Tien-chien (祁天健) yesterday said that the Law of Ships amendments are intended to curb illegal activities carried out using falsified identities or concealed routes, preventing threats to port security, navigational order and national security.
The remaining five amended laws, including to the Meteorological Act, target those who steal, damage or unlawfully interfere with facilities related to meteorology, undersea cables, power generation, natural gas or water supply. Offenders face prison sentences of one to seven years and fines of up to NT$10 million, rising to three to 10 years and NT$50 million if national security or social stability is endangered.
Penalties may be increased by up to half if the offense causes a disaster. Offenses resulting in death are punishable by seven years to life imprisonment and fines of up to NT$100 million, while those causing serious injury carry sentences of five to 12 years and fines of up to NT$80 million. Attempted offenses are also punishable.
Negligently damaging or unlawfully disrupting the operation of meteorological facilities, submarine cables, landing stations, communications centers, or submarine gas and water pipelines is punishable by up to six months in prison or fines of up to NT$2 million, with tools, equipment and vessels subject to confiscation.
