第 99 号
Decree of the Ministry of Public Security
of the People's Republic of China and
Civil Aviation Administration of
the People's Republic of China
The Measures for the Implementation of Advance Information of Personnel on Board of the International Flights , adopted at the Ministerial Meeting of the Ministry of Public Security on February 13, 2008 and consented to by Civil Aviation Administration, is hereby promulgated and shall go into effect as of May 1, 2008.
Minister of the Ministry of Public Security
Administrator of Civil Aviation Administration
March 12, 2008
Measures for the Implementation of
Advance Information of Personnel
on Board of the International Flights
Article 1 These Measures are formulated in accordance with the Regulations of the People’s Republic of China on Exit and Entry Frontier Inspection, for the purposes of safeguarding the national security of the People’s Republic of China and providing exit and entry clearance facilitation for international flights and their passengers.
Article 2 The aviation companies operating international flights (hereinafter referred to as aviation companies) shall, in accordance with these Measures, report the advance information of personnel on board to the relevant exit-entry immigration inspection stations completely, accurately and without delay.
Article 3 The information reported by the aviation companies shall include the following contents of the passengers and crew members on board of the flights: the names, nationalities, genders, dates of birth, passport or other exit-entry document numbers, expiry dates of the validity of passport or other exit-entry documents and personnel types.
Article 4 The aviation companies shall, in accordance with the format prescribed by the exit-entry administrative organ under the Ministry of Public Security, send the information to the address designated by the exit-entry administrative organ under the Ministry of Public Security through the SITA network or the internet.
Article 5 Where the voyage of an incoming flight takes more than two hours,the aviation company shall report the information one hour and 30 minutes before the flight arrives at the port of entry; where the voyage of an incoming flight takes less than two hours, the aviation company shall report the information 40 minutes before the flight arrives at the port of entry.
For an outgoing flight, the aviation company shall report the information beforethe passengers and crew members on board go through the exit immgration inspectionprocedures.
Article 6 Where an aviation company reports the information in accordance with the provisions, the exitentry immigration inspection station and the administrative department of civil aviation of China shall provide facilitation for the entry and exit of the international flights under its operation and the passengers and crew members on board.
Article 7 Where an aviation company fails to report the information in accordance with the provisions, the exitentry immigration inspection station shall impose a punishment according to law. Where the aviation company has proof that its failure in reporting the information is due to objective reasons such as incomplete infrastructures and network failures, it may not be punished; where the aviation company has proof that it has taken necessary measures to ensure the accuracy of the reported information, it may be given a lighter or mitigated punishment. Where the aviation company acts in violation of the provisions on information reporting for the first time or the violation is minor, the exit-entry immigration inspection station may not impose any punishment but shall order it to make corrections.
Where the information about not more than ten of the passengers and crew members of a single flight reported by an aviation company is inaccurate, the aviation company shall be imposed a fine of 10,000 Yuan. Where the information about more than ten of the passengers and crew members of a single flight reported by an aviation company is inaccurate, the aviation company shall be imposed a fine of 1,000 Yuan for the inaccurate information about each additional passenger or crew member beyond ten, but the total fine shall be not more than 30,000 Yuan.
Where an aviation company fails to report the information within the prescribed time limit, it shall be imposed a fine of not less than 10,000 Yuan nor more than 30,000 Yuan.
Where a single flight of an aviation company falls within the circumstances provided for in the second and the third paragraphs of this Article at the same time, the decisions on punishment shall be made separately but shall be executed concurrently, and the total of the concurrently executed fines shall be not more than 30,000 Yuan.
Article 8 Where an aviation company refuses to accept the decision on punishment made by the exitentry immigration inspection station, the administrative department of civil aviation of China shall have the right to take relevant restrictive measures against the entry and exit of the flights under its operation, and the exit-entry immigration inspection station shall have the right to postpone or forbid the entry and exit of the flights under the aviation company’s operation.
Article 9 As used in these Measures, the followingphrases shall have the meanings as follows:
“Passport or other exit-entry document number” refers to the number of the valid passport or other exit entry document provided for by the laws and administration regulations of the People’s Republic of China held by a passenger or a crew member.
“Personnel type” refers to passenger or crew member.
Article 10 These Measures shall be applicable to the Advance Information of Personnel on Board of the International Flights of the aviation companies operating flights travelling to and from Hong Kong Special Administrative Region and Macao Special Administrative Region and flights travelling to and from Taiwan.
Article 11 As used in these Measures, when “more than”, “not more than”, “less than” or “not less than” is used to indicate a threshold number, a floor or a ceiling, the number that ensues any of them is also included.
Article 12 These Measures shall go into effect as of May 1, 2008.