The Act of Wartime Contraband
1955-06-03
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Article 1
The categories of wartime contraband and their embargo areas and consignees shall be governed by this Act.
Article 2
Wartime contraband are divided into the following two categories :
Subparagraph 1: Absolute wartime contraband.
Subparagraph 2: Conditional wartime contraband.
Subparagraph 1: Absolute wartime contraband.
Subparagraph 2: Conditional wartime contraband.
Article 3
Paragraph 1
The categories of absolute wartime contraband shall be as follows:
Subparagraph 1：Arms, ammunition, explosives and military chemicals.
Subparagraph 2：Transportation equipments by land, sea or air.
Subparagraph 3 : Fuel and lubricant.
Subparagraph 4 : Military coverlets and clothes, equipment and devices and camping facilities.
Subparagraph 5 : Communication equipments.
Subparagraph 6 : Military maps, photos, models, instruments, documents and graphs.
Subparagraph 7 : Military construction materials.
Subparagraph 8 : Gold, silver, securities, domestic and foreign currencies.
Subparagraph 9：Metallic minerals and their final products and semi-finished products.
Subparagraph 10 : Nonmetallic minerals and their final products and semi-finished products belonged to strategic materials.
Subparagraph 11 : Materials, fittings and accessories of the articles prescribed in the preceding Subparagraphs.
Subparagraph 12 : Essential materials and animals to have or utilize for producing , manufacturing , mechanical repairing and using of the articles prescribed in the preceding Subparagraphs.
Paragraph 2
The scope of application for the wartime contraband prescribed in the preceding Paragraph can be submitted by the Ministry of National Defense to the Executive Yuan for approval and pronunciation at any time.
The categories of absolute wartime contraband shall be as follows:
Subparagraph 1：Arms, ammunition, explosives and military chemicals.
Subparagraph 2：Transportation equipments by land, sea or air.
Subparagraph 3 : Fuel and lubricant.
Subparagraph 4 : Military coverlets and clothes, equipment and devices and camping facilities.
Subparagraph 5 : Communication equipments.
Subparagraph 6 : Military maps, photos, models, instruments, documents and graphs.
Subparagraph 7 : Military construction materials.
Subparagraph 8 : Gold, silver, securities, domestic and foreign currencies.
Subparagraph 9：Metallic minerals and their final products and semi-finished products.
Subparagraph 10 : Nonmetallic minerals and their final products and semi-finished products belonged to strategic materials.
Subparagraph 11 : Materials, fittings and accessories of the articles prescribed in the preceding Subparagraphs.
Subparagraph 12 : Essential materials and animals to have or utilize for producing , manufacturing , mechanical repairing and using of the articles prescribed in the preceding Subparagraphs.
Paragraph 2
The scope of application for the wartime contraband prescribed in the preceding Paragraph can be submitted by the Ministry of National Defense to the Executive Yuan for approval and pronunciation at any time.
Article 4
Paragraph 1
The categories of conditional wartime contraband shall be as follows:
Subparagraph 1
Grains, foods, feeds and nonmilitary coverlets and clothes.
Subparagraph 2
Producing, manufacturing machines and materials of the articles prescribed in the preceding Subparagraph.
Paragraph 2
The scope of application for the wartime contraband prescribed in the preceding Paragraph can be submitted by the Ministry of National Defense to the Executive Yuan for approval and pronunciation at any time.
The categories of conditional wartime contraband shall be as follows:
Subparagraph 1
Grains, foods, feeds and nonmilitary coverlets and clothes.
Subparagraph 2
Producing, manufacturing machines and materials of the articles prescribed in the preceding Subparagraph.
Paragraph 2
The scope of application for the wartime contraband prescribed in the preceding Paragraph can be submitted by the Ministry of National Defense to the Executive Yuan for approval and pronunciation at any time.
Article 5
A detailed list of the wartime contraband prescribed in the last two preceding Paragraphs can be submitted by the Ministry of National Defense to the Executive Yuan for approval and pronunciation to every country in the world during wartime.
Article 6
Paragraph 1
The following articles and materials shall not be the wartime contraband except when there are other stipulations.
Subparagraph 1
The medicines and medical equipments which are used to heal the patients.
Subparagraph 2
The articles and materials for self use in ship and the necessities for seafarers and passengers on the voyage.
Paragraph 2
The medicines and medical equipments transported to the embargo areas and consignees of wartime contraband prescribed in Article 7 provided in Subparagraph 1 of the preceding Paragraph can be requisitioned for military use.
The following articles and materials shall not be the wartime contraband except when there are other stipulations.
Subparagraph 1
The medicines and medical equipments which are used to heal the patients.
Subparagraph 2
The articles and materials for self use in ship and the necessities for seafarers and passengers on the voyage.
Paragraph 2
The medicines and medical equipments transported to the embargo areas and consignees of wartime contraband prescribed in Article 7 provided in Subparagraph 1 of the preceding Paragraph can be requisitioned for military use.
Article 7
The embargo areas and consignees of the absolute wartime contraband are as follows:
Subparagraph 1
Enemy territories.
Subparagraph 2
Enemy occupied areas.
Subparagraph 3
Enemy colonies.
Subparagraph 4
Enemy force-controlled zones.
Subparagraph 5
Enemy territories trusted by United Nations.
Subparagraph 6
Enemy armed forces.
Subparagraph 7
The businessman who supplies the enemy with goods and lives in the enemy country.
Subparagraph 8
The representatives of the enemy government or the businessmen and other personnels who are supervised directly or indirectly by the enemy government.
Subparagraph 1
Enemy territories.
Subparagraph 2
Enemy occupied areas.
Subparagraph 3
Enemy colonies.
Subparagraph 4
Enemy force-controlled zones.
Subparagraph 5
Enemy territories trusted by United Nations.
Subparagraph 6
Enemy armed forces.
Subparagraph 7
The businessman who supplies the enemy with goods and lives in the enemy country.
Subparagraph 8
The representatives of the enemy government or the businessmen and other personnels who are supervised directly or indirectly by the enemy government.
Article 8
Paragraph 1
The embargo areas and consignees of the conditional wartime contraband are as follows:
Subparagraph 1
Enemy defensive positions, base areas and military supply depots.
Subparagraph 2
Enemy armed forces.
Subparagraph 3
Enemy administrative agency.
Subparagraph 4
The businessman who supplies the enemy with goods and lives in the enemy country.
Subparagraph 5
The representatives of the enemy government or the businessman and other personnels who are supervised directly or indirectly by the enemy government.
Paragraph 2
One who deliver the conditional wartime contraband to the consignees stipulated in Subparagraph 3 to 5 of the preceding Paragraph shall not be subject to this restriction if not for military use but for disaster
relief and humanitarian aid could be proved.
The embargo areas and consignees of the conditional wartime contraband are as follows:
Subparagraph 1
Enemy defensive positions, base areas and military supply depots.
Subparagraph 2
Enemy armed forces.
Subparagraph 3
Enemy administrative agency.
Subparagraph 4
The businessman who supplies the enemy with goods and lives in the enemy country.
Subparagraph 5
The representatives of the enemy government or the businessman and other personnels who are supervised directly or indirectly by the enemy government.
Paragraph 2
One who deliver the conditional wartime contraband to the consignees stipulated in Subparagraph 3 to 5 of the preceding Paragraph shall not be subject to this restriction if not for military use but for disaster
relief and humanitarian aid could be proved.
Article 9
The embargo stipulated in Article 7 and 8 includes prohibition of the direct transportation or transfer that go through neutral countries by land, sea and air.
Article 10
A ship loaded with absolute and conditional wartime contraband delivers to embargo areas and consignees could be distinguished by the following rules:
Subparagraph 1
The ship with the documents indicate that the cargo will be discharged at an embargo area or be delivered to the consignee of wartime contraband.
Subparagraph 2
Although the documents indicate that the cargo shall be discharged at a neutral harbor, the intention to discharge the cargo at an embargo area or be delivered to a consignee of wartime contraband has been discovered.
Subparagraph 3
The ship shall be considered it has been to an embargo area according to the quantity of fuel and other necessities loaded.
Subparagraph 1
The ship with the documents indicate that the cargo will be discharged at an embargo area or be delivered to the consignee of wartime contraband.
Subparagraph 2
Although the documents indicate that the cargo shall be discharged at a neutral harbor, the intention to discharge the cargo at an embargo area or be delivered to a consignee of wartime contraband has been discovered.
Subparagraph 3
The ship shall be considered it has been to an embargo area according to the quantity of fuel and other necessities loaded.
Article 11
The description shall be deemed as invalid if the ship loaded with the wartime contraband has not delivered the goods to the embargo area or consignee of wartime contraband according to the documents while deviating without sufficient grounds. It shall be the same as delivering the goods to the embargo area or consignee of wartime contraband proved by sufficient evidence.
Article 12
The ship discharging the cargo at a neutral harbor which is usually used to transfer and supply the goods to enemy countries shall be deemed as delivering the goods to the embargo areas and consignees of wartime contraband.
Article 13
The one who has the intention to deliver the conditional wartime contraband that has been requisitioned and rationing by the enemy government to the embargo area stipulated in Article 7 shall be deemed as having been delivered to embargo areas and consignees of wartime contraband stipulated in Article 8 practically.
Article 14
The one who has the intention to deliver the conditional wartime contraband to a neutral country shall be deemed as delivering to the embargo areas and consignees of wartime contraband practically while the import quantity of contraband increasing significantly comparing with the average quantity of three years before the war.」
Article 15
The ship, other conveyances that deliver the wartime contraband to the embargo areas and consignees of wartime contraband and their goods shall be governed by Act of the Prize at Sea and the Trial Act of Prize Court.
Article 16
These Act shall come into force on the day of its promulgation.