April 2026
Overview of Amendments to Seven Submarine Cable-Related Acts (Taiwan)
In light of the frequent damage to submarine cables arising from unlawful infringements or non-compliant vessel operations in the waters surrounding Taiwan in recent years, such incidents have severely jeopardized telecommunications, power and energy supplies, and national security. To strengthen the protection framework for national critical infrastructure and to ensure the stability of Taiwan’s external connectivity and societal operations, the Executive Yuan passed draft amendments to seven laws on September 18, 2025, including the Telecommunications Management Act, Electricity Act, Natural Gas Enterprise Act, Water Supply Act, Meteorological Act, Commercial Port Act, and Law of Ships, and submitted them to the Legislative Yuan for deliberation. The Legislative Yuan completed the third reading on December 9 and December 16, 2025, respectively, and the amendments were promulgated by the President on January 5, 2026.
In addition to comprehensively incorporating submarine telecommunications cables, submarine power cables, submarine natural gas pipelines, submarine water pipelines, and meteorological facilities or equipment into the scope of protection, the amendments also introduce negligence-based liability for criminal punishment, establish confiscation and disposal mechanisms for instrumentalities and vessels used in the commission of offenses, and strengthen vessel management measures.
The key highlights of the amendments are summarized below:
1. Expansion of Scope of Protection
In addition to the existing provisions under Article 72 of the Telecommunications Management Act, Article 55-1 of the Natural Gas Enterprise Act, and Article 21-1 of the Meteorological Act, the amendments introduce new provisions under Article 71-1 of the Electricity Act and Article 97-1 of the Water Supply Act. These provisions extend protection to submarine power cables and submarine water pipelines. As a result, the scope of protected infrastructure now expands beyond submarine cables and pipelines used for telecommunications, natural gas transmission, and meteorological data collection, to also include those used for the transmission of electricity and potable water.
2. Addition of Negligence-Based Liability
Considering the profound impacts that damage to submarine cables may have on national communications, energy supply, and access to information, and in light of the availability of the publicly available government platform [1] through which maritime users may obtain relevant submarine cable and pipeline routing data in advance so as to avoid such damage, the amendments, with reference to Paragraph 4 of Article 72 of the Telecommunications Management Act, retain the existing penalties for intentional and attempted offenses, while additionally introducing negligence-based liability under Paragraph 4 of Article 71-1 of the Electricity Act, Paragraph 4 of Article 55-1 of the Natural Gas Enterprise Act, Paragraph 4 of Article 97-1 of the Water Supply Act, and Paragraph 4 of Article 21-1 of the Meteorological Act, thereby strengthening the overall regulatory framework.
3. Addition of Confiscation Mechanism
To address intentional damage to submarine cables and related infrastructure, the amendments provide, under Paragraph 6 of Article 72 of the Telecommunications Management Act, Paragraph 6 of Article 71-1 of the Electricity Act, Paragraph 6 of Article 55-1 of the Natural Gas Enterprise Act, Paragraph 6 of Article 97-1 of the Water Supply Act, and Paragraph 6 of Article 21-1 of the Meteorological Act, that any instruments used in the commission of such offenses, including tools, vessels, and other mechanical equipment, shall be subject to confiscation regardless of ownership. Where confiscation has been finally determined by judicial decision, such items may, depending on the circumstances of the individual case, be auctioned, sold, or otherwise subject to special disposal.
4. Enhancement of Vessel Supervision and Risk Control
The amendments enhance the regulation of maritime activities posing potential risks, including the prolonged berthing of non-compliant vessels in commercial ports, the fraudulent misrepresentation or concealment of vessel identity, and the deliberate suppression of vessel movement and positional data. For example:
(1) Under Paragraph 1 of Article 15 and Article 65-4 of the Commercial Port Act, vessels that interfere with berth allocation or port safety may be ordered to depart or relocate within a specified period. Where a vessel fails to depart within the prescribed period without justifiable cause, it may be confiscated regardless of ownership.
(2) The newly added Articles 8-1, 10-1, and 11-1 of the Law of Ships require R.O.C.-flagged vessels and non-R.O.C. flagged vessels operating within the waters inside the outer limits of the territorial sea of the Republic of China or the prohibited waters of the Taiwan Area to maintain the proper functioning of the Automatic Identification System (AIS), transmit accurate vessel identification information, and maintain complete and accurate navigation records. Violations may result in fines, orders to enter port and moor, and confiscation, pursuant to Articles 72, 82, 89-1, and 100 of the Law of Ships, depending on the severity of the violation.
In sum, the amendments to the seven submarine cable-related laws comprehensively expand the scope of protection to include submarine telecommunications cables, power cables, natural gas pipelines, water pipelines, and meteorological facilities or equipment. By introducing negligence-based liability and strengthening enforcement mechanisms, the amendments further enhance the overall protection of Taiwan’s maritime critical infrastructure.
We recommend that companies engaged in maritime activities prioritize reviewing whether their operations involve waters surrounding submarine cable landing areas or submarine infrastructure for the transmission of electricity, gas, water, or meteorological data, and establish comprehensive risk assessment and operational management mechanisms accordingly. In addition, such companies should enhance their standards of duty of care in offshore operations, maritime management, and infrastructure maintenance, and implement robust internal controls and compliance procedures to address the newly introduced negligence liabilities and confiscation risks, thereby mitigating potential criminal liability and asset forfeiture risks.
[1] The National Ocean Database and Sharing System, established by the National Academy of Marine Research under the direction of the Ocean Affairs Council (https://nodass.namr.gov.tw/).
In addition to comprehensively incorporating submarine telecommunications cables, submarine power cables, submarine natural gas pipelines, submarine water pipelines, and meteorological facilities or equipment into the scope of protection, the amendments also introduce negligence-based liability for criminal punishment, establish confiscation and disposal mechanisms for instrumentalities and vessels used in the commission of offenses, and strengthen vessel management measures.
The key highlights of the amendments are summarized below:
1. Expansion of Scope of Protection
In addition to the existing provisions under Article 72 of the Telecommunications Management Act, Article 55-1 of the Natural Gas Enterprise Act, and Article 21-1 of the Meteorological Act, the amendments introduce new provisions under Article 71-1 of the Electricity Act and Article 97-1 of the Water Supply Act. These provisions extend protection to submarine power cables and submarine water pipelines. As a result, the scope of protected infrastructure now expands beyond submarine cables and pipelines used for telecommunications, natural gas transmission, and meteorological data collection, to also include those used for the transmission of electricity and potable water.
2. Addition of Negligence-Based Liability
Considering the profound impacts that damage to submarine cables may have on national communications, energy supply, and access to information, and in light of the availability of the publicly available government platform [1] through which maritime users may obtain relevant submarine cable and pipeline routing data in advance so as to avoid such damage, the amendments, with reference to Paragraph 4 of Article 72 of the Telecommunications Management Act, retain the existing penalties for intentional and attempted offenses, while additionally introducing negligence-based liability under Paragraph 4 of Article 71-1 of the Electricity Act, Paragraph 4 of Article 55-1 of the Natural Gas Enterprise Act, Paragraph 4 of Article 97-1 of the Water Supply Act, and Paragraph 4 of Article 21-1 of the Meteorological Act, thereby strengthening the overall regulatory framework.
3. Addition of Confiscation Mechanism
To address intentional damage to submarine cables and related infrastructure, the amendments provide, under Paragraph 6 of Article 72 of the Telecommunications Management Act, Paragraph 6 of Article 71-1 of the Electricity Act, Paragraph 6 of Article 55-1 of the Natural Gas Enterprise Act, Paragraph 6 of Article 97-1 of the Water Supply Act, and Paragraph 6 of Article 21-1 of the Meteorological Act, that any instruments used in the commission of such offenses, including tools, vessels, and other mechanical equipment, shall be subject to confiscation regardless of ownership. Where confiscation has been finally determined by judicial decision, such items may, depending on the circumstances of the individual case, be auctioned, sold, or otherwise subject to special disposal.
4. Enhancement of Vessel Supervision and Risk Control
The amendments enhance the regulation of maritime activities posing potential risks, including the prolonged berthing of non-compliant vessels in commercial ports, the fraudulent misrepresentation or concealment of vessel identity, and the deliberate suppression of vessel movement and positional data. For example:
(1) Under Paragraph 1 of Article 15 and Article 65-4 of the Commercial Port Act, vessels that interfere with berth allocation or port safety may be ordered to depart or relocate within a specified period. Where a vessel fails to depart within the prescribed period without justifiable cause, it may be confiscated regardless of ownership.
(2) The newly added Articles 8-1, 10-1, and 11-1 of the Law of Ships require R.O.C.-flagged vessels and non-R.O.C. flagged vessels operating within the waters inside the outer limits of the territorial sea of the Republic of China or the prohibited waters of the Taiwan Area to maintain the proper functioning of the Automatic Identification System (AIS), transmit accurate vessel identification information, and maintain complete and accurate navigation records. Violations may result in fines, orders to enter port and moor, and confiscation, pursuant to Articles 72, 82, 89-1, and 100 of the Law of Ships, depending on the severity of the violation.
In sum, the amendments to the seven submarine cable-related laws comprehensively expand the scope of protection to include submarine telecommunications cables, power cables, natural gas pipelines, water pipelines, and meteorological facilities or equipment. By introducing negligence-based liability and strengthening enforcement mechanisms, the amendments further enhance the overall protection of Taiwan’s maritime critical infrastructure.
We recommend that companies engaged in maritime activities prioritize reviewing whether their operations involve waters surrounding submarine cable landing areas or submarine infrastructure for the transmission of electricity, gas, water, or meteorological data, and establish comprehensive risk assessment and operational management mechanisms accordingly. In addition, such companies should enhance their standards of duty of care in offshore operations, maritime management, and infrastructure maintenance, and implement robust internal controls and compliance procedures to address the newly introduced negligence liabilities and confiscation risks, thereby mitigating potential criminal liability and asset forfeiture risks.
[1] The National Ocean Database and Sharing System, established by the National Academy of Marine Research under the direction of the Ocean Affairs Council (https://nodass.namr.gov.tw/).
