(www.MaritimeCyprus.com) China strictly regulates satellite communication, viewing Starlink as a national security threat because it bypasses state-controlled infrastructure, requiring data to pass through domestic gateways and all radio devices/frequencies to have prior approval, which Starlink lacks. Consequently, Starlink is banned in China, and vessels must deactivate terminals within territorial waters, with recent enforcement actions targeting unauthorized use, despite the challenges in monitoring.
Key Chinese Legal and Regulatory Provisions
Under Chinese laws and regulations, the use of unauthorized satellite communication equipment or the failure to route communication data through Chinese domestic satellite gateway stations constitutes a violation. The legal basis is set out as follows:
- Article 24 of the MaritimeTraffic Safety Law Vessels within Chinese jurisdictional waters must route communications requiring shore-based relay through lawfully established domestic coast stations or satellite gateway stations.
- Article 28 of Regulations on the Administration of Direct Satellite Services for Terminal Devices It is explicitly stipulated that the use of satellite communication services within Chinese territory requires that the satellite communication service provider obtain legal approval within China. Using services from providers not legally approved is considered unlawful.
- Article 54 of the RadioAdministration Regulations Radio stations installed on foreign vessels must comply with Chinese laws, regulations, and international treaties when used within Chinese territory.
Administrative Penalties
According to Article 101 of the Maritime Traffic Safety Law, a fine of not more than CNY30,000 shall be imposed on the relevant responsible personnel by maritime authorities.
If the circumstances are serious, a fine of not less than CNY30,000 but not more than CNY100,000 shall be imposed, and the competency certificate(s) of the responsible seafarer(s) shall be suspended for a period of one to three months.
According to Article 70 of the Radio Administration Regulations, where, in violation of these Regulations, radio frequencies are used without authorization or without a license, or radio stations (or sites) are established or used without authorization, the radio regulatory authority shall order corrections to be made, confiscate the equipment used for the illegal activities as well as any illegal gains, and may impose a concurrent fine of not more than CNY50,000. If the party refuses to make corrections, a concurrent fine of not less than CNY50,000 but not more than CNY200,000 shall be imposed. Where a radio station (or site) is established or used without authorization to engage in illegal activities such as fraud, which does not constitute a crime, a concurrent fine of not less than CNY200,000 but not morethan CNY500,000 shall be imposed.
Recommendations
To mitigate compliance risks, vessels are advised to adopt the following measures:
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If a penalty notice is received, contact your local agent or P and I club correspondent to seek guidance.
Source: China MSA
