With the authorization under Article 9 of the Statute for Relations between the People of the Taiwan and Mainland China Areas, the Ministry of the Interior prescribed the Rules for Approval of Entry of Civil Servants and Individuals of Specific Capacity to Mainland China to stipulate relevant matters regarding the requirement that civil servants in the Taiwan area as well as personnel of the National Security Bureau, the Ministry of National Defense, the Bureau of Investigation of the Ministry of Justice and all levels of their affiliated agencies who are not civil servants in the Taiwan area shall apply to the Ministry of the Interior for approval before they may enter mainland China.
The Ministry of the Interior issued the MOI-Tai-Nei-Yi-10306063582 Circular of October 28, 2014 to promulgate the amendment to Article 8 of the Rules for Approval of Entry of Civil Servants and Individuals of Specific Capacity to Mainland China. To wit, in addition to Paragraphs 1 and 2 of the original article, which provides: "Civil servants in the Taiwan area and personnel of special capacity shall not engage in any of the following acts when entering mainland China:
- conducting any activity detrimental to national security or interest;
- entering into any agreement or engaging in any other format of cooperation with any people, juristic person, organization or any other agency (institution) in the mainland China area;
- leaking or delivering any document, picture, message, article or information whose confidentiality is required under relevant laws and regulations; and
- engaging in any other matter prohibited by laws and regulations or requiring the approval of the competent authority for specified business which is not obtained," and "when the personnel set forth in the preceding paragraph are likely to violate the preceding paragraph or relevant laws and regulations for being subject to violence, coercion, enticement or any other means, they are required to report to their superiors in their affiliated agencies, commissioning agencies or supervisory agencies within one month after returning to Taiwan; and the assistance of the Bureau of Investigation may be requested, if necessary," Paragraph 3 was added to stipulate: "Incumbent personnel applying to enter the mainland China area pursuant to the Rules shall not engage in study activities in formats such as school enrollment, elective credits or special projects."
It should be noted that the incumbent personnel under the newly added Paragraph 3 include incumbent civil servants and personnel of the National Security Bureau, the Bureau of Investigation and all levels of their affiliated agencies who are not civil servants under Article 9, Paragraph 3 of the Statute for Relations between the People of the Taiwan and Mainland China Areas and the personnel under Article 9, Paragraph 4, Subparagraph 3 of the same statute. They are still included in this restriction on further study in the mainland China area in light of their sensitive capacity and quasi-civil servant status.