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財團法人海峽交流基金會

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Negotiations on Use and Verification of Certificates of Authentication Across the Taiwan Strait

  • 更新日期:109-08-03

  The use of certificates of authentication concerns the rights and interests of the people. On April 9, 1991, the Mainland Affairs Council (MAC) entrusted the Straits Exchange Foundation (SEF) to handle the examination of documents from the mainland area. The SEF promptly formulated related rules for such affairs. During a visit to mainland China at the end of April that year, an SEF delegation informed the mainland's Ministry of Justice of its plans and expressed hope that the mainland side would cooperate. The mainland side had initially adopted a "conventional return approach." It later refused to continue talks, stating that the "mood wasn't right" after the smuggling incident involving the fishing vessel "Yingwang." The SEF subsequently sent several letters urging the mainland side to hold negotiations as soon as possible.

  On November 5, 1991, the SEF met again with the mainland Vice Minister of Justice Lu Jian to discuss the issue of certificates of authentication. Vice Minister Lu said that the two sides could choose a time for negotiations on issues regarding cross-strait document usage. He designated Xu Jian, deputy director-general of the Notary Public Office and vice chairman of the China Notaries' Association, as the contact person in China. On November 27, the SEF sent a letter to Mr. Xu expressing hope that the mainland side could reply to the SEF on verification for relatively urgent cases before the two sides resolve issues concerning cross-strait document usage. That same day, the SEF telephoned Mr. Xu, who informed that the board of the China Notaries' Association would discuss the matter of certificates of authentication when it convened in January. Mr. Xu said he would promptly notify the SEF if any concrete conclusions were reached. He also informed that the establishment of the Association for Relations Across the Taiwan Straits (ARATS) would not change the method of liaison on certificates of authentication between the two sides.

  On January 4, 1992, the China Notaries' Association sent a letter asking that Taiwan terminate one-way verification until the two sides discuss and reach a consensus on unresolved issues concerning the method of using certificates of authentication. The association also requested that the Taiwan side change its current practice of refusing to accept certificates of authentication from the mainland. The association said that if this was possible, it would hold talks with the SEF on the methods of using certificates of authentication across the Taiwan Strait. On January 9, the SEF sent a reply letter explaining that it would verify documents by the most simple and scientific means so as to facilitate the local recognition and use of mainland area documents and thereby uphold the rights and interests of the people on both sides. The SEF also informed that there is no so-called "one-way verification." It further emphasized that it has not yet been possible to implement certificates of authentication, leading to widespread doubts in Taiwan regarding cross-strait exchanges.

First Negotiation

  On February 25, the SEF sent a letter to the China Notaries' Association expressing its plan to visit the mainland in March for exchanges of views on document verification issues. The SEF also said that during the trip it would like to visit the Shanghai, Fujian, and Guangdong areas to inspect the actual circumstances of cross-strait marriages. On February 29, ARATS informed the SEF that, after consulting with the China Notaries' Association, it had decided to invite the SEF to visit Beijing in mid-March for negotiations on document verification. The talks were scheduled to be conducted in two sessions. The first session would be a work conference on March 23 to 25; and the second session, scheduled for March 27 to 28, would focus on reaching a consensus on and confirming the matters discussed in the first session. For the meeting with ARATS during the first session, the SEF sent a six-person delegation of operational and administrative representatives, including SEF Legal Service Department Director Shi Hwei-you and Deputy Director Lin Kui-mei. The two sides exchanged written proposals and fully exchanged views. Consensus was reached on certain basic technical issues, however differences remained on the issue of the "one China" principle, the liaison subjects and method of contact, and the scope of document verification. The two sides therefore decided to extend talks in the second session.

Second Negotiation

  On May 18, the SEF requested assistance from ARATS in arranging for SEF personnel to make an inspection visit to the mainland in order to further understand the academic degree of notary affairs in the mainland area and the legal and practical differences between the two sides. The mission would also conduct inspections related to public applications for document verification. On June 6, ARATS replied that it would consider the SEF's request to visit notary organizations in the mainland once the two sides reach an agreement on issues relating to the usage of certificates of authentication. On June 17, the SEF held talks with the court and MAC on the continued entrustment of the foundation to visit the mainland for discussions on certificate of authentication issues. The Judicial Yuan agreed in principle to provide the SEF with copies of the seals, signature specimens or certificates of authentication of the various local courts in Taiwan.

  On June 24, the MAC authorized the SEF to promptly contact and hold negotiations with the mainland side on issues related to certificates of authentication. On July 7, the SEF proposed that consultations be held with ARATS in a third country. That same day, ARATS replied that the Taiwan Affairs Office of the State Council had made it clear that routine cross-strait negotiations should be held in the mainland or Taiwan and only be held in third countries as needed. On July 25, the SEF sent a reply to ARATS emphasizing that the proposal to hold the negotiations in a third country was made in consideration of the current situation of cross-strait exchanges and for the convenience of both sides.

  Since the mainland side was very interested in raising the level of negotiations and holding the so-called "Koo-Wang Talks," SEF Secretary-general Chen Rong-jye, who was inspecting the repatriation of crewmembers of the vessel Xiagongji, met briefly with ARATS Secretary-general Zhou Zhekai in Xiamen on September 17. Secretary-general Chen told his mainland counterpart why the Taiwan side insisted on holding the negotiations in a third country. He also expressed hope that the mainland side would not mix the "one China" principle into the routine talks so as not to hinder cross-strait exchanges. Although Zhou Zhekai did not make a concrete positive response, he affirmed that the time was right to resolve issues regarding document verification. On September 30, ARATS informed the SEF that it approved the Taiwan side's proposal to resume negotiations in Hong Kong.

  On October 28, SEF Legal Service Department Director Shi Hwei-you led a seven-person team to Hong Kong for official negotiations with the ARATS representatives. The main barrier to this talks remained the mainland's stance of making the "one China" formulation mutually conditional with substantive issues. However, under authorization from the MAC, the SEF explained the "one China" principle under the National Unification Guidelines and insisted on the position of orally expressing the "one China" principle. On November 3, ARATS Deputy Secretary-general Sun Yafu called SEF Secretary-general Chen to inform that he accepted the Taiwan side's proposal that each side would express the "one China" principle orally and separately negotiate the specific content of the oral expression. ARATS further replied on November 16 that it fully respected and accepted the SEF proposal and would continue to discuss certain differences in the draft agreement before the agreement was signed by the representatives of the SEF and ARATS. On November 30, ARATS sent another letter expressing hope that the "Koo-Wang Talks" could be realized as soon as possible. It also informed that major progress had been made on the issue of cross-strait document verification. ARATS proposed that talks be promptly continued to settle remaining differences and fully resolve this matter.

  The SEF conveyed that it welcomed the two ARATS letters and emphasized again that routine talks between the two sides should not include political issues. The Taiwan side would make an additional statement regarding the meaning of "one China" based on the resolution of the National Unification Guidelines and National Unification Council on August 1, 1991. At the talks in Hong Kong, the Taiwan side would also present to the mainland representatives the written draft agreement based on the initial consensus reached during the Hong Kong talks and in full consideration of the mainland views. It asked the mainland side to promptly notify the SEF of any views it may have on this matter to facilitate further study.

  On December 10, the ARATS sent a letter informing that it respected the SEF proposal to exchange views by electronic correspondence. The letter also suggested amendments to the draft agreement that were given to the SEF after the October 20 meeting in Hong Kong. On December 12, the SEF sent a letter expressing that it welcomed ARATS' December 10 letter. However, the draft provided by the mainland side was not the revised draft from the SEF, and thus the Taiwan side would need to consider it further. The SEF also requested that ARATS provide information on document verification fees and document specimens for sending copies of certificates of authentication. The SEF further requested that ARATS provide its views on the draft agreement on "Matters Concerning Inquiry and Compensation for [Lost] Registered Mail Across the Taiwan Strait" presented by the SEF in Hong Kong on October 28.

  On December 24, ARATS telexed to the SEF the draft agreement on "Matters Concerning Inquiry and Compensation for [Lost] Registered Mail Across the Taiwan Strait," " Certificate of Authentication Verification Fees and Payment Methods," copies of mailed certificates and other document specimens. It also expressed hope that related personnel could meet and directly exchange views so as to promptly reach an agreement. The SEF continued to consult with ARATS by fax. It stated that, if a consensus could be reached, the two sides could continue negotiations at a suitable time and place and sign an agreement.

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