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OFFICIAL REPLY OF THE STATE COUNCIL CONCERNING THE AMENDING OF THE PROVISIONS CONCERNING THE ADMINISTRATION OF VESSELS OF FOREIGN NATIONALITY NAVIGATING IN THE WATERS OF THE YANGTZE RIVER(APPENDIX: THE THIRD REVISED TEXT)

    The Ministry of Communications:

    The State Council has approved the amending of Article 3 of the Provisions
of the People's Republic of China for the Administration of Vessels of Foreign
Nationality Navigating in the Waters of the Yangtze River as follows: "The
Yangtze River waters as mentioned in these Provisions refer to the main course
waters west of the line between Liuheiwu in the lower reaches of the mouth of
the Liuhe River (31 degrees 30 minutes north latitude, 121 degrees 18 minutes
east longitude) and Shixingan in the lower reaches of the mouth of the Shiqiao
River on the Chongming Island (31 degrees 37 minutes north latitude, 121
degrees 22 minutes east longitude), and east of the line between Yaozui on the
north bank in the middle reaches of the Yangtze River (29 degrees 29 minutes
north latitude, 113 degrees 6 minutes east longitude) and Qizhou on the south
bank, and east of the line between the Qilishan Mountains on the south bank of
the Xiangjiang River in the outlet of the Dongting Lake (29 degrees 24 minutes
north latitude, 113 degrees 7 minutes east longitude) and Luxizhou on the
north bank (29 degrees 25 minutes north latitude, 113 degrees 6 minutes east
longitude).

    The ports as mentioned in these Provisions refer to the ports along
the Yangtze River waters which are open to vessels of foreign nationality
according to the provisions of the preceding paragraph."

    The Provisions of the People's Republic of China for the Administration of
Vessels of Foreign Nationality Navigating in the Waters of the Yangtze River
shall be correspondingly revised according to this Official Reply and
promulgated by your Ministry for implementation.

APPENDIX: PROVISIONS OF THE PEOPLE'S REPUBLIC OF CHINA CONCERNING THE
ADMINISTRATION OF VESSELS OF FOREIGN NATIONALITY NAVIGATING IN THE WATERS OF
THE YANGTZE RIVER (The Third Revised Text)

    (Approved by the State Council on April 9, 1983, promulgated by the
Ministry of Communications on April 20, 1983, amended three times with the
approval of the State Council on February 6, 1986, June 6, 1992 and May 26,
1997, and promulgated by Decree No. 7 of the Ministry of Communications
on August 1, 1997)

    Article 1  The Yangtze River is an inland waterway of the People's
Republic of China. These Provisions have, in accordance with the Rules of the
People's Republic of China Concerning the Administration of Vessels of Foreign
Nationality, been formulated with a view to safeguarding the sovereignty of
the People's Republic of China, ensuring the safety of vessels and maintaining
the order of traffic in the Yangtze River waters and its ports.

    Article 2  All motorized and non-motorized vessels and other water-borne
vehicles of transport of foreign nationality (hereinafter referred to as
"vessels") sailing in, or berthing at, waters or ports of the Yangtze River
of the People's Republic of China shall comply with these Provisions and all
relevant laws, administrative regulations and rules of the People's Republic
of China.

    Article 3  The Yangtze River waters as mentioned in these Provisions refer
to the main course waters west of the line between Liuheiwu in the lower
reaches of the mouth of the Liuhe River (31 degrees 30 minutes north latitude,
121 degrees 18 minutes east longitude) and Shixingan in the lower reaches of
the mouth of the Shiqiao River on the Chongming Island (31 degrees 37 minutes
north latitude, 121 degrees 22 minutes east longitude), and east of the line
between Yaozui on the north bank in the middle reaches of the Yangtze River
(29 degrees 29 minutes north latitude, 113 degrees 6 minutes east longitude)
and Qizhou on the south bank, and east of the line between the Qilishan
Mountains on the south bank of the Xiangjiang River in the outlet of the
Dongting Lake (29 degrees 24 minutes north latitude, 113 degrees 7 minutes
east longitude) and Luxizhou on the north bank (29 degrees 25 minutes north
latitude, 113 degrees 6 minutes east longitude).

    The ports as mentioned in these Provisions refer to the ports along
the Yangtze River waters which are open to vessels of foreign nationality
according to the provisions of the preceding paragraph.

    Article 4  These Provisions shall be enforced by the Harbour
Superintendency Administration of the People's Republic of China, and all
vessels shall subject themselves to its supervision and control.

    Article 5  No vessels may enter the Yangtze River waters or its ports
without the approval of the Harbour Superintendency Administration of the
People's Republic of China. Those permitted to enter the Yangtze River
waters shall be subject to inspection of the Health Quarantine Office, the
Harbour Superintendency Administration, the Border Inspection Office, the
Customs and the Animal and Plant Quarantine Office, and complete all relevant
formalities. The abovementioned authorities are entitled to exercise on
board supervision, if and when they deem it necessary.

    Article 6  Vessels entering the Yangtze River waters shall not engage
in shipping business between the various ports along the Yangtze River
and between these ports and the port of Shanghai, nor shall they engage
in other unauthorized operations.

    Article 7  A vessel entering the Yangtze River ports shall comply with
the following stipulations:

    (1) One week prior to its scheduled passage through the port of
Shanghai, appoint the port agent company for foreign vessels to complete entry
formalities and seek approval from the Harbour Superintendency Administration
at the next port of call on the Yangtze River.

    (2) 24 hours prior to passing through the port of Shanghai (or upon
departure from the last port of call if the voyage takes less than 24 hours),
report such information as the estimated time for passing through the port of
Shanghai and arrival at the port on the Yangtze River, the size of the vessel,
its fore and aft drafts, and maximum height above the actual waterline, to
the Harbour Superintendency Administration through the port agent for
foreign vessels.

    (3) Shall duly advise any alteration in the time reported as required
under this Article.

    Article 8  Vessels sailing in the Yangtze River waters or shifting berths
at its ports shall apply to the Harbour Superintendency Administration at the
port of arrival along the Yangtze River for pilotage, and for passing through
the port of Shanghai, shall apply to the Shanghai Harbour Superintendency
Administration for pilotage.

    Article 9  Upon arrival at the port, vessels shall immediately submit
the entry report and other relevant forms and statements, ship's papers and
relevant documents for examination and subject themselves to inspection.
Before leaving the port, vessels shall report the time of departure and the
port of destination to the Harbour Superintendency Administration and complete
the departure formalities through the port agency for foreign vessels and may
leave the port only after port clearance has been obtained.

    Article 10  Vessels sailing in the Yangtze River waters or berthing
at its ports shall during the day fly the national flag of the People's
Republic of China at the top of the front mast and the national flag of the
country of registry at the stern; an "H" flag shall in addition be flown when
there is a pilot on board. On entering or leaving ports or shifting berths,
vessels shall also display signal-letters and other prescribed signals.

    Article 11  Vessels making use of their VHF radio-telephone in the
Yangtze River waters or its ports shall comply with the Interim Measures
Governing the Use of VHF Radio-Telephone by Foreign Vessels promulgated by
the Ministry of Communications of the People's Republic of China.

    Article 12  In the Yangtze River waters, a vessel's radio-telegraph and
radio-telephone transmitters can only be used for communications with the
riverside and coastal radio-stations of the People's Republic of China, and
they can only be used in ports in case of emergency, and reports shall be made
to the Harbour Superintendency Administration immediately thereafter.

    In the Yangtze River waters and its ports, a vessel's signal rockets,
flame signals or signal guns can only be used in case of emergency, and
reports shall be made to the Harbour Superintendency Administration
immediately thereafter.

    Article 13  Vessels sailing in the Yangtze River waters or berthing
at its ports are prohibited from conducting the following activities:

    (1) taking photographs or drawing sketches of military installations
and military vessels, or videotaping or surveying the same;

    (2) shooting, swimming, fishing and setting off firecrackers or
fireworks; or

    (3) other activities endangering the national security, rights and
interests, safety and order of the People's Republic of China.

    Article 14  Vessels sailing in the Yangtze River waters shall anchor
as near to the outer limit of the fairway as possible, and shall not
occupy the main channel of navigation under extraordinary circumstances
such as inclement weather and flood peaks, when temporary anchoring is
required, and shall promptly report the time and position of anchoring and the
time of departure to the nearest Harbour Superintendency Administration, and
no crew member shall go ashore without the permission of the local public
security organs.

    Article 15  Vessels sailing in the Yangtze River waters shall not
proceed at a speed that may endanger the safety of other vessels and
installations on the river banks.

    Article 16  Matters concerning navigation, berthing and prevention of
collisions of vessels sailing in the Yangtze River waters or berthing at
its ports shall be carried out in accordance with the Rules Governing
Prevention of Collision in Inland Waterways promulgated by the Ministry of
Communications of the People's Republic of China.

    Article 17  While using signals, vessels shall comply with the Rules
Governing Prevention of Collisions in Inland Waterways and other relevant
signal regulations promulgated by the Ministry of Communications of the
People's Republic of China; signals not specified therein shall be displayed
in accordance with the relevant international regulations.

    Article 18  No vessels sailing in the Yangtze River waters or berthing
at its ports shall discharge or dispose of oils, oily mixtures or other
pollutants or refuse into the water.

    Article 19  Matters provided for in these Provisions shall be handled
in accordance therewith, while those not set forth herein shall be
dealt with in accordance with the Rules of the People's Republic of China
Concerning the Administration of Vessels of Foreign Nationality and other
relevant stipulations.

    Article 20  These Provisions shall come into effect as of the date of
promulgation.