Regulations on Replenishment of Supplies for International Cruises at Ports of the People’s Republic of China

Order of the State Council of the People’s Republic of China

No. 780

　　The Regulations on Replenishment of Supplies for International Cruises at Ports of the People’s Republic of China were adopted at the 29th Executive Meeting of the State Council on March 22, 2024, and are hereby promulgated. These regulations will take effect on June 1, 2024.

Premier Li Qiang

April 22, 2024

Regulations on Replenishment of Supplies for International Cruises at Ports of the People’s Republic of China

　　Article 1 These Regulations are hereby formulated for the purpose of enhancing the facilitation of international cruise ship replenishment at ports of the People’s Republic of China, and to promote the high-quality development of the cruise economy.

　　Article 2 The term “international cruises” as used herein refers to cruise ships registered under the nationality of a foreign state or the People’s Republic of China, which operate on international routes.

　　The provisions hereof shall apply to activities concerning the procurement of goods and services necessary for the operation of international cruises during their stay at ports within the People’s Republic of China.

　　Article 3 People’s Republic of China (hereafter “The State”) shall establish and improve institutional norms conducive to the replenishment of international cruises at its ports, encourage such activities, and protect the legitimate rights and interests of international cruise operators, suppliers of replenishment goods and related services, fostering a stable, fair, transparent, and predictable business environment.

　　Article 4 Relevant departments of the State Council, as well as local People’s governments at or above the county level, shall implement the principles, policies, decisions and depolyment of the Communist Party of China (hereafter “The Party”) and the State, adhere to the overall concept of national security, and enhance the information sharing, coordination and cooperation, and service supporting required for the replenishment of international cruises.

　　The competent departments of the development and reform, transportation under the State Council, and the relevant People’s governments of 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 replenishment of international cruises, expand service functions, and enhance service capacity.

　　The General Administration of Customs, in collaboration with relevant departments of the State Council, shall innovate management models, enhance levels of digitalization, intelligence, and standardization, optimize clearance processes, improve clearance efficiency, and reduce clearance costs.

　　The competent Departments of Industry and Information Technology, Public Security, Finance, Commerce, Culture and Tourism, Emergency Management, Taxation, Market Supervision, Tobacco Monopoly, and Immigration Management under the State Council, shall, within the scope of their respective duties, undertake relevant work, and, as required, formulate policies and measures to facilitate the replenishment of international cruises at ports of the State.

　　The People’s governments of the provinces, autonomous regions, and municipalities directly under the Central Government, where the ports are located, shall strengthen the organization and leadership of replenishment operations. On the basis of consultation with the people’s governments of port cities, they shall formulate local policies and measures to facilitate replenishment, and support and supervise the relevant departments and units in the fulfillment of their duties.

　　Article 5 The relevant departments of the State Council and the local People’s governments at or above the county level, in accordance with actual circumstances, shall employ technologies such as big data and artificial intelligence to implement categorized management of goods for port replenishment. They shall improve management measures concerning customs clearance, warehousing, and other processes for different types of goods, and promote the establishment of international cruise ship material supply centers.

　　Article 6 Enterprises engaged in the supply of fuel oil to ships shall conduct bonded fuel supply business in accordance with the relevant national provisions, enhance their capacity to ensure reliable supply, and provide convenient and efficient services to international cruises for port replenishment.

　　Article 7 Port operators, shore power supply enterprises, and international cruise operators shall establish and improve coordination mechanisms, perfect systems for the management, use, and maintenance of shore power supply facilities, and develop operational procedures, thereby ensuring that international cruises at ports utilize shore power in accordance with the relevant safety regulations.

　　Article 8 Providers of goods and related services for international cruise ship replenishment shall, in accordance with the provisions of the relevant laws and regulations and contractual agreements, supply materials necessary for the operation of international cruises, including food, daily necessities, medicines, medical devices, emergency rescue supplies, and ship spare parts, and shall provide related services.

　　Where replenishment goods for international cruises are classified as goods restricted from export by the State, or where the quantity exceeds what is necessary for the ship’s own use, the Customs formalities shall be handled in accordance with the relevant provisions on the export of goods of the People’s Republic of China. Where goods are classified as prohibited from export by the State, they shall not be provided as replenishment.

　　For goods unloaded from international cruises that are restricted from import by the State, the Customs formalities shall be handled in accordance with the relevant provisions on the import of goods of the People’s Republic of China. Where goods are classified as prohibited from import by the State, they shall not be unloaded within the territory of the People’s Republic of China.

　　Article 9 Medicines and medical devices required by international cruises for procurement within the territory of the People’s Republic of China shall be supplied by enterprises that are qualified to operate in the business of medicines and medical devices.

　　Where the medicines required for procurement by international cruises are subject to export licensing management by the State, an application shall be made to the relevant competent department in accordance with the provisions of the relevant laws and administrative regulations. The competent department shall promptly review the application, decide on whether to grant or deny the license, and inform the applicant accordingly.

　　Article 10 Duty-free tobacco products required by international cruises for procurement within the territory of the People’s Republic of China shall be supplied by enterprises qualified to engage in the business of duty-free tobacco products. Enterprises supplying duty-free tobacco products shall, in accordance with the relevant national provisions, provide duty-free tobacco products for the personal use of international cruise ship staff and passengers onboard, ensuring that the quantity supplied is reasonable for such personal use.

　　Article 11 The People’s governments of the provinces, autonomous regions, and municipalities directly under the Central Government, where the port of an international cruise ship is located, shall, after soliciting opinions from the municipal people’s government of the port city, formulate a list of commonly used low-risk materials for the replenishment of international cruises. Said list shall clearly specify the types and quantities of low-risk materials permitted for replenishment at the ports within their administrative regions in connection with the operation of international cruises.

　　Providers of transportation, warehousing, and replenishment services for commonly used low-risk materials shall establish and improve safety management systems corresponding to the risk levels of such materials.

　　Article 12 Materials supplied domestically to international cruises may be exported under the general trade method or as materials for means of transport engaged in international voyages, and may be subject to export tax refunds in accordance with relevant national regulations.

　　The Customs authority shall clarify corresponding regulatory requirements for materials exported under the general trade method as set forth in the preceding paragraph, and shall strengthen risk management. Providers of port replenishment materials and related services may handle customs clearance procedures through the “single window” for international trade.

　　Article 13 Materials required for the replenishment of international cruises, may, in accordance with the relevant customs regulations, be stored collectively in customs special supervision areas or bonded warehouses. The Customs authority shall provide convenient conditions for the warehousing, distribution, transshipment, delivery, and loading/unloading of such materials.

　　Article 14 Unless otherwise provided by the State, imported materials for the replenishment of international cruises shall not be subject to tariff quotas or license management.

　　Unless otherwise provided by the State, imported materials for the replenishment of international cruises may be unloaded, transshipped, repacked, or consolidated at designated areas within the port, and then reloaded for departure. The specific methods shall be formulated by the General Administration of Customs of PRC.

　　Article 15 International cruise operators and providers of port replenishment materials and related services shall not endanger the national security of China or harm the public interest. In the course of port replenishment activities, they shall abide by the laws and regulations of China. Those who violate the provisions hereof shall bear legal responsibility in accordance with the law.

　　In the event of a violation of the provisions hereof resulting in the infringement of the lawful rights and interests of international cruise operators or providers of port replenishment materials and related services, the violator shall bear legal responsibility in accordance with the law.

　　Staff members of the governments and its relevant departments who violate the provisions hereof, and are found to have committed dereliction of duty, abuse of power, or engaged in favoritism or malfeasance in the performance of their duties, shall be held accountable in accordance with the law and relevant regulations.

　　Article 16 These Regulations shall come into effect on June 1, 2024.