Laws of the People's Republic of China

    Article 1  These Provisions are formulated in order to safeguard the
sovereignty and the rights and interests of the People's Republic of China,
to carry out rational exploitation of seas and oceans, and to lay in an
orderly way and protect submarine cables and pipelines.

    Article 2  These Provisions shall apply to the layout of submarine
cables and pipelines in such areas as inland seas, territorial seas and
continental shelves under the jurisdiction of the People's Republic of China,
and also to the investigations and survey of routes and other relevant
activities conducted for the aforesaid engineering projects.

    Article 3  The competent authorities for the administration of the laying
of submarine cables and pipelines in such areas as the said inland seas,
territorial seas and continental shelves, and also for the investigations and
survey of routes and other relevant activities for the aforesaid engineering
projects, shall be the State Oceanographic Bureau of the People's Republic of
China (hereinafter referred to as "the competent authorities").

    Article 4  When China's enterprises or institutions plan to lay submarine
cables and pipelines, they shall file an application with their superior
authorities for examination and approval before they conduct investigations
and survey of routes and other relevant activities for the aforesaid
engineering projects in accordance with these Provisions.

    When foreign companies, enterprises and other foreign economic
organizations or individuals have the necessity to lay submarine cables and
pipelines, and also to conduct investigations and survey of routes and other
relevant activities for the aforesaid engineering projects in the inland seas
and territorial seas of the People's Republic of China, they shall, in
accordance with these Provisions, apply to the competent authorities for
approval; if they have the necessity to carry out the said activities on the
continental shelves of the People's Republic of China, they shall notify the
competent authorities in advance, but the routes they have selected and
decided on for laying the cables and pipelines must have the consent of the
competent authorities.

    Article 5  The owners of the submarine cables and pipelines (hereinafter
referred to as "the owners") shall file a written application with the
competent authorities 60 days before they start the investigations and survey
of routes for laying the submarine cables and pipelines. The written
application shall contain the following:

    (1) the name, nationality, and residence of the owner;

    (2) the name, nationality, and residence as well as the chief
person-in-charge of the unit which will conduct the investigations and survey
of the routes for laying the submarine cables and pipelines;

    (3) the precise geographical areas in which the investigations and survey
are to be conducted for laying the submarine cables and pipelines;

    (4) the time, the items, methods and equipment - including the ship to
be used: its name, nationality, tonnage, and major pieces of equipment and
their functions - for conducting the investigations and survey of routes for
laying the submarine cables and pipelines.

    The competent authorities shall make a reply within 30 days as of the date
of receipt of the application.

    Article 6  After the investigations and survey for laying the submarine
cables and pipelines have been completed, the owners shall submit a report,
delineating the final decision on the routes for laying the submarine cables
and pipelines 60 days before the laying project is started, to the competent
authorities for examination and approval, and the report shall be submitted
together with the following data:

    (1) the purposes of laying the submarine cables and pipelines, the
materials to be used and their properties;

    (2) the precise route chart and position chart of the submarine cables
and pipelines, their starting point and terminal point, their relay points
(stations) and their total length;

    (3) the construction contractor, time and plan for construction, and
technical equipment;

    (4) a report on the repercussions of the cable- and pipeline-laying
engineering project on marine resources and environment;

    (5) other explanatory data.

    The competent authorities shall make a reply within 30 days as of the
date of receipt of the application.

    Article 7  After the completion of the engineering project, the owners
shall submit all the explanatory data, such as the route chart and position
chart of the submarine cables and pipelines, to the competent authorities for
the record, and send duplicates to the harbour superintendency organs.

    When the State needs the relevant technical data for the exploitation of
marine resources or for carrying out administration, the owners have the
obligations to provide the competent authorities with further precise data
concerning the submarine cables and pipelines.

    Article 8  The operations of laying submarine cables and pipelines and the
investigations and surveying activities for the cable- and pipeline-laying
engineering project shall not conducted beyond the approved sea areas; nor
shall operations and activities other than these approved be conducted in the
approved sea areas.

    Article 9  In the event that changes or modifications in the approved
operation plan for laying the submarine cables and pipelines are required
before the operations start or during the operations, the owners shall report
the case to the competent authorities in good time. If the changes or
modifications are of sizable proportions, the competent authorities may take
appropriate measures accordingly, up to ordering the owners to cease the
operations.

    Article 10  With respect to such operations as maintenance, alteration,
dismantling, or abandonment of the submarine cables and pipelines, the owners
shall submit a report on the said operations to the competent authorities in
advance. If a relatively big change is to be effected in the routes of the
submarine cables and pipelines, the owners shall go through the relevant
procedures of application once again.

    When foreign vessels have the necessity to enter China's inland seas and
territorial seas to carry out activities in the maintenance, alteration, or
dismantling of submarine cables and pipelines, the owners shall, in addition
to going through the procedures as prescribed in the first paragraph of this
Article, submit an application to the administrative department concerned in
China for approval, in accordance with the pertinent provisions of China's
laws.

    When the damaged submarine cables and pipelines laid on China's
continental shelves need emergency repairs, foreign maintenance vessels may
enter the site to start the emergency repairs simultaneously with a report
submitted to the competent authorities. However the said operations shall not
impair China's sovereign rights and jurisdiction.

    Article 11  Operations such as the investigations and surveying activities
for identifying the routes for laying submarine cables and pipelines, the
laying, maintenance, and dismantling, must not hamper the normal order of
marine navigation and transportation.

    The bits and pieces left over from the engineering project of laying
submarine cables and pipelines and from the dismantling project shall be
disposed of carefully and must not hamper the normal order of marine
navigation and transportation.

    Article 12  When the laying of submarine cables and pipelines and other
marine engineering operations require that those submarine cables and
pipelines already laid be moved, prior consultations must be conducted with
the owners of the aforesaid installations and an approval must be obtained
from the competent authorities before the said engineering project starts.

    Article 13  Operators who are engaged in various activities at sea must
protect the submarine cables and pipelines that have already been laid. Those
who have caused damages to the said installations shall make compensations
according to law.

    In the event that disputes arise over the exploitation of the seas and
oceans and the normal functioning of submarine cables and pipelines, the
disputes shall be mediated and handled by the competent authorities.

    Article 14  The competent authorities shall have the power to supervise
and inspect the laying, maintenance, alteration, dismantling and abandonment
of submarine cables and pipelines as well as the relevant investigations and
surveying activities conducted for the laying of submarine cables and
pipelines. The competent authorities may impose on violators of these
Provisions such penalties as warning, fine, up to an order to cease their
operations at sea.

    The specific measures for imposing the penalties as mentioned in the
preceding paragraph shall be formulated by the competent authorities in
conjunction with other competent authorities concerned under the State Council.

    Article 15  The plan for determining the routes for laying submarine
cables and pipelines beyond the petroleum exploitation zones in order to
exploit marine petroleum resources shall be submitted to the competent
authorities prior to the examination and approval of the overall plan for the
exploitation of oil (and gas) fields; and the competent authorities shall give
approval after consultation with the competent state authorities for energy
resources.

    With respect to the laying of submarine cables and pipelines within the
marine petroleum development zones between the drilling platforms or between
drilling platforms and single berthing points, the owners shall, before the
start of the investigations and survey of routes for the laying of submarine
cables and pipelines and the start of cable- and pipeline-laying operations,
submit a report specifying the contents as provided in Article 5 and Article 6
of these Provisions to the competent authorities for the record.

    Article 16  With respect to the operational activities such as laying,
maintenance, alteration, dismantling and abandonment of submarine cables and
pipelines, as well as the investigations and surveying activities conducted
for identifying the routes for laying the submarine cables and pipelines, in
case there are any aspects which are not covered in these Provisions, the
Provisions in other relevant State laws, decrees and regulations shall apply.

    Article 17  The laying of submarine cables and pipelines for military
purposes in the People's Republic of China shall be handled in accordance with
these Provisions. The armed forces may formulate specific rules for the
implementation of these Provisions.

    Article 18  The competent authorities shall collect data concerning
submarine topography and the distribution of structures at sea in order to
offer consultancy services for laying of submarine cables and pipelines, and
for conducting relevant investigations and surveying activities.

    Article 19  The term "cables", as used in these Provisions, refers to
communications cables and electric cables; the term "pipelines" refers to the
pipe-shaped conveying and transporting installations used for conveyance of
water, gas, oil and other substances.

    Article 20  The right to interpret these Provisions resides in the State
Oceanographic Bureau of the People's Republic of China.

    Article 21  These Provisions shall go into effect on March 1, 1989.