Adopted at the 29th Executive Meeting of the State Council on March 22, 2024, promulgated by Order No. 780 of the State Council of the People’s Republic of China on April 22, 2024, and effective as of June 1, 2024
Article 1 — These Provisions are formulated to raise the level of convenience in the port call and resupply of international cruise ships at ports of the People’s Republic of China, and to promote the high-quality development of the cruise economy.
Article 2 — For the purposes of these Provisions, “international cruise ships” means foreign-flagged cruise ships and cruise ships of the nationality of the People’s Republic of China operating on international routes.
These Provisions apply to the activities through which international cruise ships obtain the materials and related services needed for their operations during their port calls at ports of the People’s Republic of China.
Article 3 — The State establishes and improves systems and standards suited to the port call and resupply of international cruise ships, encourages international cruise ships to call at ports of the People’s Republic of China for resupply, protects the lawful rights and interests of international cruise ship operators and of the providers of port call resupply materials and related services, and fosters a stable, fair, transparent and predictable business environment.
Article 4 — The relevant departments of the State Council and the relevant local people’s governments at or above the county level shall implement the line, principles, policies, decisions and arrangements of the Party and the State, uphold a holistic approach to national security, and strengthen information sharing, coordination and cooperation, and service safeguards for the port call and resupply of international cruise ships.
The development and reform and transport competent departments of the State Council and the relevant coastal provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the national port layout, advance the construction of supporting facilities for the port call and resupply of international cruise ships, expand service functions, and enhance service capabilities.
The General Administration of Customs shall, in conjunction with the relevant departments of the State Council, innovate management models, raise the level of digitalization, intelligentization and standardization, optimize customs clearance procedures, improve customs clearance efficiency, and reduce customs clearance costs.
The industry and information technology, public security, finance, commerce, culture and tourism, emergency management, taxation, market regulation, tobacco monopoly, and immigration administration competent departments of the State Council shall, within the scope of their respective duties, do a good job in the relevant work and, as needed, formulate policy measures for facilitating the port call and resupply of international cruise ships.
The people’s governments of the provinces, autonomous regions and municipalities directly under the Central Government where the ports of call of international cruise ships are located shall strengthen the organization and leadership of port call and resupply work, and, on the basis of soliciting the opinions of the people’s governments of the cities where the ports are located, formulate local policy measures for facilitating resupply, and support and supervise their subordinate departments and units in performing their duties.
Article 5 — The relevant departments of the State Council and the relevant local people’s governments at or above the county level shall, in light of actual circumstances, comprehensively apply big data, artificial intelligence and other technical means to carry out classified management of port call resupply materials, improve the management measures for the customs clearance, warehousing and other aspects of different types of materials, and promote the construction of international cruise ship materials supply guarantee centers.
Article 6 — Ship fuel supply enterprises shall, in accordance with the relevant provisions of the State, carry out bonded fuel supply business, enhance their supply guarantee capabilities, and provide convenient and efficient services for international cruise ships that call at ports for resupply.
Article 7 — Port operators, shore power supply enterprises and international cruise ship operators shall establish and improve coordination mechanisms, improve the management, use, maintenance and upkeep systems and operating procedures for shore power supply and receiving facilities, and ensure that international cruise ships calling at ports for resupply use shore power safely and in a standardized manner in accordance with the relevant provisions.
Article 8 — Providers of port call resupply materials and related services for international cruise ships shall, in accordance with the relevant laws, regulations and contractual agreements, supply the food, daily necessities, medicines, medical devices, emergency rescue materials, ship spare parts and other materials needed for the operation of international cruise ships, and provide related services.
Where port call resupply materials for international cruise ships are subject to state restrictions on export, or exceed the quantity for the international cruise ship’s own use, customs formalities shall be handled in accordance with the relevant provisions on export goods of the People’s Republic of China; where the materials are subject to state prohibitions on export, no resupply may be provided.
Where materials unloaded from international cruise ships are subject to state restrictions on import, customs formalities shall be handled in accordance with the relevant provisions on import goods of the People’s Republic of China; where the materials are subject to state prohibitions on import, they may not be unloaded into the territory of the People’s Republic of China.
Article 9 — Medicines and medical devices that an international cruise ship needs to purchase from within the territory of the People’s Republic of China shall be supplied by enterprises holding pharmaceutical or medical device business qualifications.
Where the medicines that an international cruise ship needs to purchase are subject to state export license administration, an application shall be made to the relevant competent department in accordance with the relevant laws and administrative regulations. The relevant competent department shall promptly review the application, make a decision to grant or deny the license, and inform the applicant.
Article 10 — Duty-free tobacco products that an international cruise ship needs to purchase from within the territory of the People’s Republic of China shall be supplied by enterprises holding qualifications for the business of duty-free tobacco products. Duty-free tobacco product business enterprises shall, in accordance with the relevant provisions of the State, supply reasonable quantities of duty-free tobacco products for the personal use of the staff and passengers of international cruise ships on board the ships.
Article 11 — The people’s governments of the provinces, autonomous regions and municipalities directly under the Central Government where the ports of call of international cruise ships are located shall, on the basis of soliciting the opinions of the people’s governments of the cities where the ports are located, formulate lists of commonly used low-risk materials for the port call resupply of international cruise ships, specifying the types and quantities of commonly used low-risk materials related to the operation of international cruise ships that are permitted to be resupplied at the ports within their respective administrative regions.
Providers of transport, warehousing and resupply services for commonly used low-risk materials shall establish and improve safety management systems commensurate with the degree of danger of the relevant materials.
Article 12 — Where domestic materials are supplied to international cruise ships, they may be exported by way of general trade or as materials of inbound and outbound means of transport, and export tax rebates shall be handled in accordance with the relevant provisions of the State.
Customs shall specify the corresponding supervision requirements for the materials exported by way of general trade as prescribed in the preceding paragraph and strengthen risk management; providers of port call resupply materials and related services may handle customs clearance formalities through the “single window” for international trade.
Article 13 — The materials needed for the port call resupply of international cruise ships may, in accordance with the relevant customs provisions, be stored in a centralized manner within customs special supervision areas or bonded premises. Customs shall provide convenient conditions for the warehousing, distribution, transshipment, delivery, loading and unloading of the relevant materials.
Article 14 — Unless the State provides otherwise, port call resupply of overseas materials to international cruise ships shall not be subject to tariff quota or license administration.
Unless the State provides otherwise, for the port call resupply of overseas materials to international cruise ships, the same container may be unpacked, transshipped, split and consolidated within a designated area before leaving the port; the specific measures shall be formulated by the General Administration of Customs.
Article 15 — International cruise ship operators and providers of port call resupply materials and related services shall not endanger the national security of China or harm the public interest, and shall abide by Chinese laws and regulations in port call resupply activities; where these Provisions are violated, legal liability shall be pursued in accordance with the law.
Where a violation of these Provisions infringes upon the lawful rights and interests of international cruise ship operators or of providers of port call resupply materials and related services, legal liability shall be borne in accordance with the law.
Where staff members of the government and its relevant departments violate these Provisions by committing acts of dereliction of duty, abuse of power, or malpractice for personal gain in the performance of their relevant duties, liability shall be pursued in accordance with the law and regulations.
Article 16 — These Provisions shall come into force as of June 1, 2024.
Disclaimer: This document is an unofficial English translation of the original Chinese text, provided for reference purposes only. While every effort has been made to ensure accuracy, the Chinese-language version is the sole authoritative text. This translation does not constitute legal advice, and no liability is accepted for any reliance placed upon it. For matters with legal implications, please consult the official Chinese source and seek qualified professional advice.
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