The Executive Yuan Council today approved a draft amendment to the Shipping Act which states that any provision of an international agreement concerning shipping affairs signed by the Republic of China (Taiwan) will take precedent over a conflicting provision of the Shipping Act. This new stipulation, titled Article 60-1, will be sent to the Legislative Yuan for deliberation.
The addition of this provision is intended to keep Taiwan in line with international accords, Premier Jiang Yi-huah said. He called for the amendment to be approved quickly, citing the implementation of the Agreement between Singapore and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu on Economic Partnership as a case for which it would be used, and enjoined the Ministry of Transportation and Communications (MOTC) to speedily coordinate and communicate with the Legislature's caucuses to ensure its quick passage.
In the past, the nation's commitment to market liberalization with respect to shipping services varied with each FTA it signed, the MOTC stated. However, in consideration that the ROC is now proactively promoting FTAs with nations in Southeast Asia and beyond as well as preparing to ink the trade in services pact with mainland China and negotiate to enter the Regional Comprehensive Economic Partnership and the Trans-Pacific Partnership, this revision must be ratified to ensure alignment with these future accords and to avoid excessively frequent amendments in the future, the MOTC said.
The MOTC referred to the following legislation to formulate this new provision:
Article 100 of the Customs Act:
"Where customs affairs are otherwise prescribed in an agreement signed between the government of the Republic of China and another country or region, such prescription shall apply."
Article 124 of the Income Tax Act:
"Where there are special provisions in income tax agreement signed by the Republic of China with a foreign country, such special provisions shall prevail."