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Regulations Governing The Overnight Stay Of Transit Passengers

  • PostDate:2015-11-16 00:00
Article 1 The Regulations are enacted in accordance with paragraph 2 of Article 20 of the
          Immigration Act (hereinafter referred to as the “Act”) .
Article 2 Passengers of an aircraft, vessel or other means of transportation (hereinafter
          referred to as the “Transport”) who must stay overnight in the State due to 
          transit may apply through the pilot, captain, or transportation
          service provider(hereinafter, the “Provider”) to the National Immigration
          Agency (hereinafter,the“Agency”) under the following conditions:
          1. The passengers' Transport cannot continue on its itinerary due to a
             technical stop or other major incidents after anchorage.
          2. The passengers' Transport registered in the Republic of China that travels 
             on international routes cannot continue to transport the passengers due to
             an unscheduled return of its journey.
          3. Force majeure or unavoidable cause that necessitates an overnight stay.
          4. Diplomatic courtesy or humanitarian grounds that necessitates an overnight
             stay.
          In cases when passengers other than the transit passengers set forth in
          subparagraph 6 of Article 3 of the Act, for some reason, cannot exit or enter
          the State and must stay overnight in the State, these Regulations shall apply.
Article 3 To apply for overnight stay on behalf of transit passengers, the Provider shall
          submit to the subordinate office of the Agency at the airport or port of 
          arrival a list that contains the passengers' names, dates of arrival and
          departure, and the planned departure information concerning Transport, along
          with the passengers'passports or travel documents.
Article 4 The Agency shall verify the passports or travel documents of passengers who
          have been granted overnight stay and give them to the Provider, who will
          return them upon the passengers' departure.
          The Provider shall provide ID cards to the passengers set forth in the
          preceding paragraph during their stay.
Article 5 Passengers granted overnight stay and suspected of having communicable diseases
          listed in Article 3 of the Law on the Control of Communicable Diseases shall be
          escorted by the Provider along with quarantine officials to medical care
          institutions or facilities designated by the central competent health authority
          for treatment or quarantine.
Article 6 The Provider shall dispatch employees to attend to the passengers granted
          overnight stay and arrange the earliest next day Transport possible for 
          passengers’ departure, unless there are legitimate reasons to apply for
          permission to postpone the scheduled departure with the Agency.
Article 7 Passengers granted overnight stay shall have their carry-on luggage inspected 
          by customs; the remaining luggage shall be kept in the Transport or at customs.
          Passengers carrying New Taiwan Dollar, Chinese Yuan, foreign currencies or 
          negotiable securities which exceeds the customs exempted amount shall report
          total value to customs and will be checked upon departure.
Article 8 Passengers granted overnight stay shall collectively lodge in the hotels
          designated by the Agency and shall not leave the lodging facilities without 
          permission.
Article 9 Passengers granted overnight stay shall be escorted to the lodging facilities 
          by the employees of the Provider; if they need to meet with relatives and/or
          friends or receive goods, they shall be required to obtain permission from the
          Agency and complete a reception application.
Article10 The Provider shall inform the Agency and dispatch employees to escort
          passengers granted overnight stay back to the restricted areas of the airport
          or seaport for the rest of the night when the passengers:
          1. are, with sufficient evidence, suspected of having the intention to leave
             the lodging facilities without permission;
          2. have met with a relative and/or friend or received goods without prior
             approval; or
          3. have disturbed the peace and order of the lodging facilities.
          The Provider shall forthwith inform the Agency and provide necessary assistance
          if the passengers set forth in the preceding paragraph leave the lodging
          facilities without permission.
Article11 The Agency shall require passengers to spend the night at the restricted areas
          of the airport or seaport if they:
          1. meet the conditions set forth in paragraph 1 of Article 7 or paragraph 1 or
             2 of Article 18; or
          2. are banned from entering the States according to other laws and regulations.
          3. are suspected of illegal entry and such suspicion is backed by sufficient
             evidence.
Article12 The Agency shall require the passengers denied overnight stay to lodge at
          designated airport or seaport restricted area. The Provider shall dispatch
          employees to attend to these passengers and shall arrange the earliest next day
          Transport possible for their departure.
Article13 The Regulations will become effective after promulgation.