Ⅴ. NHRC Recommendations︱ • Regulating FOC vessels through international cooperation Under international law, if Taiwan is not the FOCs country of registration then it has no jurisdiction over them unless human trafficking is involved. The FA has in recent years managed the labor conditions of FOC fishermen indirectly through permits for investing in the operation of FOCs. The Act to Govern Investment in the Operation of Foreign Flag Fishing Vessels and its subordinate legislation were however originally written to prevent illegal, unreported, and unregulated (IUU) fishing by FOCs. Short, medium and long-term policy measures have been proposed by the FA for FOC management. The government has made it clear that it does not support the use of FOCs and caps will be imposed. Recent amendments to the relevant legislation also bar Taiwanese nationals involved in forced labor, human trafficking, and similar crimes from investing in the operation of foreign-flagged fishing vessels; foreign-flagged fishing vessels involved in forced labor or human trafficking are banned from Taiwanese ports as well. More detailed provisions should be incorporated into these management measures based on the actual conditions of fishermen aboard the ships. An outright ban may represent a missed opportunity to conduct boarding inspections or impound ships to seek compensation. Taiwan’s diplomatic difficulties make it difficult to liaise with the main countries of registration used. Even if they ignore our requests for arbitration, we can still leverage pressure from the target markets for catch 091

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