4. The Government of the People's Republic of China shall thereupon notify the Government of the United States of its acceptance or rejection of such conditions and restrictions and, in the case of a rejection, of its objections thereto. 5. Upon acceptance of the conditions and restrictions by the Government of the People's Republic of China and the payment of any fees, the Government of the United States shall approve the application and issue a permit for each fishing vessel of the People's Republic of China, which fishing vessel shall thereupon be authorized to fish in accordance with this Agreement and the terms and conditions set forth in the permit. Such permits shall be issued for a specific vessel and shall not be transferred. 6. In the event the Government of the People's Republic of China notifies the Government of the United States of its objections to specific conditions and restrictions, the two sides may consult with respect thereto and the Government of the People's Republic of China may thereupon submit a revised application. 7. The procedures in this Annex may be amended by agreement through an exchange of notes between the two Governments. ANNEX II Procedures Relating to United States Port Calls Article XIV of the Agreement provides for the entry of certain vessels of the People's Republic of China into designated ports of the United States in accordance with United States law for certain purposes. This Annex designates the ports and purposes authorized and describes procedures which govern such port entries. 1. The following types of vessels may enter the ports specified following a notice received at least four working days in advance of the entry: Fisheries research vessels, fishing vessels participating in joint ventures involving over-the-side purchases of fish from U.S. fishing vessels, and other fishing vessels (including support vessels) of the People's Republic of China which have been issued permits pursuant to the Agreement are authorized to enter the ports of Kodiak, Dutch Harbor, Seattle, Seward, and Nome. 2. Vessels referred to in paragraph 1 above may enter the ports referred to for a period not exceeding seven calendar days for the purpose of scientific planning and discussion, to exchange scientific data, equipment and personnel, and to replenish ships' stores or fresh water, obtain bunkers, provide rest for or make changes in the vessels' personnel, obtain repairs, or obtain other services normally provided in such ports, and, as necessary, to receive permits; provided, however, that in exceptional cases involving force majeure vessels may remain in port for longer periods required to effect repairs necessary for seaworthiness and operational reliability without which the voyage could not be continued. All such entries into port shall be in accordance with applicable rules and regulations of the United States and of state and local authorities in the area wherein they have jurisdiction. 3. The notice referred to in paragraph 1 shall be made by an agent for the vessel to the United States Coast Guard (GWPE) in accordance with standard procedures using telex (892427), teletype communication "TWX" (710-822-1959), or Western Union. With respect to vessels desiring to enter the United States ports under this Agreement, the United States reserves the right to require such vessels to submit to inspection by authorized personnel of the United States Coast Guard or other appropriate Federal agencies. 4. The Government of the United States of America at the consular sections of its diplomatic missions will accept crew lists in application for visas to be issued in accordance with existing visa regulations and reciprocity agreements. Such a crew list shall be submitted prior to the entry of a vessel into a port of the United States in accordance with existing visa regulations and reciprocity agreements. 5. In cases where a seaman of the People's Republic of China is evacuated from his vessel to the United States for the purpose of emergency medical treatment, authorities of the People's Republic of China shall ensure that the seaman departs from the United States within 14 days after his release from the hospital. During the period that the seaman is in the United States, representatives of the People's Republic of China will be responsible for him. 6. The exchange of crews of vessels of the People's Republic of China in the specified ports shall be permitted subject to submission to the consular section of U.S. diplomatic missions of applications for individual transit visas and crewman visas for replacement crewman. Applications shall be submitted in advance of the date of the arrival of the crewmen in the United States in accordance with existing visa regulations and reciprocity agreements, and shall indicate the names, dates and places of birth, the purpose of the visit, the vessel to which assigned, and the modes and dates of arrival of all replacement crewmen. Individual passports or seamen's documents shall accompany each application. Subject to United States laws and regulations, the United States mission will affix transit and crewmen visas to each passport or seaman's document before it is returned. In addition to the requirements above, the name of the vessel and date of its expected arrival, a list of names, dates and places of birth for those crewmen who shall be admitted to the United States under the responsibility of the People's Republic of China representatives for repatriation to the People's Republic of China and the dates and manner of their departure from the United States shall be submitted to the Department of State in accordance with existing visa regulations and reciprocity agreements. 7. In addition, special provisions shall be made as necessary regarding the entry into other ports of the United States of fisheries research vessels of the People's Republic of China which are engaged in a mutually agreed research program in accordance with terms of Article XII of the Agreement. Requests for such entry of fisheries research vessels should be forwarded to the United States Department of State, Washington, D.C. through diplomatic channels. 8. The provisions of this Annex may be amended by agreement through an exchange of notes between the two Governments. AGREED MINUTES 1. With respect to Article IV of the Agreement, the Representative of the People's Republic of China emphasized the importance of the Chinese fishing industry to the Chinese economy, and urged that the Government of the United States give due consideration to the need for the continuation of stable fishing operations by fishing vessels of the People's Republic of China in the United States Exclusive Economic Zone. The Representative of the United States of America took note of this statement and indicated that it would be taken into account in accordance with United States laws and regulations. The Representatives of the Government of the United States of America and the People's Republic of China both acknowledged the advantage to both countries' respective fishing industries of providing continuity and stability of cooperation in fishery relations, including fisheries development, fisheries trade and fishery allocations. 2. With respect to Article IX of the Agreement, the Representative of the People's Republic of China requested that the Government of the United States ensure the prompt and appropriate compensation of Chinese nationals and vessels for any loss, or damage to, Chinese fishing vessels, fishing gear or catch, and resultant economic loss, that is caused by any fishing vessel of the United States as determined by applicable United States procedures. The Representative of the United States of America stated that, under the legal system of the United States, the United States Government could not ensure the payment of such compensation. Nevertheless, the Representative of the United States of America stated that the United States Government could assure the Representative of the People's Republic of China that Chinese nationals would have full and equal access to the United States judicial and administrative system under the laws and regulations of the United States for the resolution of any such claims which might arise under the Agreement. 3. With respect to Article XI of the Agreement, the Representative of the People's Republic of China requested protection of Chinese nationals and vessels, that are conducting fishing operations under the Agreement in the United States Exclusive Economic Zone, in accordance with United States laws and regulations and international law. The Representative of the United States of America gave assurances that nationals and vessels would receive the same treatment as the nationals and vessels of any other foreign nation in accordance with United States laws and regulations and under customary international law. 4. Annex II, "Procedures Relating to United States Port Calls" is not intended to apply to the entry of vessels described therein into U.S. territorial waters in instances of force majeure. In cases involving acute medical emergencies, procedures will be coordinated on a case by case basis in a humanitarian manner. Embassy of the United States of America November 19, 1985 No. 393 The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs of the People's Republic of China and has the honor to refer to the agreement between the Government of the United States of America and the Government of the People's Republic of China concerning fisheries off the coasts of the United States of America, signed at Washington on July 23, 1985 and to the Ministry's note number 324, delivered August 23, 1985, which reads as follows: Quote: The Ministry of Foreign Affairs of the People's Republic of China presents its compliments to the Embassy of the United States of America in China and has the honour to inform the latter as follows: The Government of the People's Republic of China has completed legal procedures regarding the agreement between the Government of the United States of America and the Government of the People's Republic of China concerning fisheries off the coasts of the United States and the agreed minutes signed in Washington on July 23, 1985. According to the provisions of Article XVII, this agreement will come into force after the notification by the U.S. side to the Chinese side of the completion of its legal procedures. The Ministry of Foreign Affairs avails itself of this opportunity to renew to the Embassy the assurances of its highest consideration. Unquote. The Embassy wishes to inform the Ministry that the Government of the United States of America has completed the internal procedures necessary to allow the agreement to be brought into force for the United States. The Embassy agrees that in accordance with the Ministry's Note 324 and Article XVII paragraph (1) of the agreement that the agreement between our two governments concerning fisheries off the coasts of the United States of America should enter into force on the date of this note. The Embassy takes this opportunity to renew to the Ministry of Foreign Affairs assurances of its highest consideration. The Ministry of Foreign Affairs of the People's Republic of China presents its compliments and has the honor to inform the Embassy of the United States of America in China the following: The Government of the People's Republic of China has completed the legal procedures for the "agreement Between the Government of the People's Republic of China and the Government of the United States of America Concerning Fisheries Off the Coasts of the United States" and the Minutes of Consultations, signed in Washington, D.C. on July 23, 1985. According to Article 17 of the Agreement, the Agreement, together with the Minutes of Consultations, shall enter into force on the date following the completion of legal procedures by the US Party and notification thereof to the Chinese Party. Accept, Sir, the assurances of our highest consideration. [Seal] August 23, 1985 Amendment to the Agreement Between the Government of the United States of America and the Government of the People's Republic of China Concerning Fisheries off the Coasts of the United States, Washington, 1987 Done at Washington 24 July 1987 and 6 August 1987 Primary source citation: Copy of text provided by the The Department of State The United States of America 066/87 The Embassy of the People's Republic of China presents its compliments to the Department of State, the United States of America. The Embassy of the People's Republic of China hereby notifies the U.S. Department of State that, as permit issued by your government, Chinese fishing vessels shall conduct fishing in Pacific Ocean area off the coasts of Oregon. Therefore those fishing vessels shall need to enter the ports of ABERDEEN, ASTORIA and COOS BAY for the purpose of providing rest for or making changes in vessel's personnel, replenishing ship's stores or fresh water, obtaining bunkers, repairs or other services normally provided in such ports, etc. The Embassy of the People's Republic of China proposes to have the above-mentioned three ports added to Annex II of the AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA CONCERNING FISHERIES OFF THE COASTS OF THE UNITED STATES. It is proposed that, if your government agrees to the proposed amendment to the Annex II of such Agreement, this note and the reply of U.S. Department of State shall constitute the Amendment to the Annex II of the Agreement. The Embassy of the People's Republic of China avails itself of this opportunity to renew to you the assurance of his highest consideration. [Seal] Department of State August 6, 1987. The Department of State presents its compliments to the Embassy of the People's Republic of China and refers to its Note No. 066/87 of July 28, 1987. The Department of State agrees with the proposal of the Embassy of the People's Republic of China to add the ports of Aberdeen in Washington, and Astoria and Coos Bay in Oregon to Annex II, paragraph 1, of the Agreement between the Government of the United States of America and the Government of the People's Republic of China concerning Fisheries off the Coasts of the United States, signed at Washington July 23, 1985. In accordance with the provisions of Annex II, paragraph 8, this note and the Embassy's Note No. 066/87 of July 28, 1987, shall constitute an Amendment to Annex II, paragraph 1 of the Agreement and shall enter into force on the date of this note. [Initials] |