Reporting Requirements for Foreign-flagged Ships Entering the Internal Waters of the People’s Republic of China in Emergency Situations

The China Maritime Safety Administration (China MSA) has recently issued the "Announcement on the Reporting Requirements for Foreign-flagged Ships Entering the Internal Waters of the People’s Republic of China in Emergency Situations" (hereinafter referred to as the "Announcement"). The Announcement aims to regulate the reporting procedures for foreign-flagged ships entering China's internal waters in emergency situations.
 

Background and Main Contents of the Announcement

 

In order to effectively safeguard national sovereignty and comprehensively ensure the safety and order of waters, China has established a rigorous and comprehensive regulatory system for foreign-flagged ships entering its internal waters. Under normal circumstances, if a foreign-flagged ship plans to enter China's internal waters, she is obligated to submit an application to the Chinese MSA in advance and truthfully provide relevant materials as required. Only after obtaining approval and ensuring that the ship meets all safety and regulatory standards, can she enter China's internal waters within the specified time and along designated route.

 

However, ships are constantly exposed to various maritime risks. In the event of sudden emergencies or serious threats to navigation safety, the ship may need to seek temporary refuge or rescue by urgently entering a country's internal waters to ensure the safety of lives and the ship herself. To address such special circumstances, the China MSA has issued this Announcement, aiming to provide systematic, comprehensive, and practical reporting guidance for foreign-flagged ships entering China's internal waters in emergencies. This ensures that such special navigation activities are conducted in a safe and orderly manner pursuant to relevant applicable laws and regulations.

 

This Announcement applies to foreign-flagged ships which need to urgently enter the internal waters of China due to emergency situations, such as urgent illness, mechanical failure, distress, and adverse weather conditions, when a permit to enter port areas has not yet been obtained. The Announcement clearly stipulates the reporting methods, reporting requirements and legal responsibilities. For detailed information, please refer to the original Announcement attached to this Circular.

 

Huatai's Suggestions

 

Foreign-flagged ships navigating or operating in China's internal waters that violate relevant Chinese laws, regulations or rules will inevitably face administrative penalties from the competent Authorities, such as warnings, fines, or even detention. In severe cases, criminal liability may also be pursued according to the law. In light of this, we suggest that foreign-flagged ships entering China's internal waters due to emergencies strictly adhere to the relevant requirements of the Announcement, actively comply with the instructions and supervision of China MSA, and ensure full compliance with all Chinese laws and regulations, such as pollution prevention regulations, safety management rules, navigation rules, and other applicable local regulations. This will create favorable conditions for the ships to receive refuge or rescue, ensuring the full protection of the legitimate rights and interests of all parties and the maintenance of safety and order of the water area involved.

 

Attchment

 

Subject: Announcement by the Maritime Safety Administration of the People’s Republic of China on Reporting Requirements for Foreign-flagged Ships Entering the Internal Waters of the People's Republic of Chian in Emergency Situations

source: Huatai Insurance Agency & Consultant Service Ltd.

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