BETWEEN The Ministry of the Interior of the Republic of China
(Taiwan) and The Ministry of Foreign Affairs, Homeland Security,
Labour, Justice and Legal Affairs of the Saint Christopher and
Nevis (hereinafter referred to individually as the “ Party ”
and collectively as “ the Parties ”):
WHEREAS the Parties on the principles of equality and
reciprocity intend to promote cooperation between the national
immigration agencies of both countries;
WHEREAS the Parties are concerned about immigration issues and
transnational crimes, especially human-trafficking prevention;
AND WHEREAS the Parties hope to facilitate exchange and
cooperation between the Parties by engaging in exchange
activities and cooperation in accordance with their respective
domestic laws, as set out in the provisions of this Agreement
and as required by their official responsibilities and
functions.
THE PARTIES AGREE AS FOLLOWS:
Article 1
Competent Authorities
The Competent Authorities that conclude and implement this
Agreement are:
(i) The Ministry of the Interior of the Republic of China
(Taiwan).
(ii) The Ministry of Foreign Affairs, Homeland Security, Labour,
Justice and Legal Affairs of the Saint Christopher and
Nevis.
Article 2
Scope of Cooperation
The Parties agree to cooperate in the following areas:
(i) Exchange of anti-terrorist intelligence and information
related to the prevention of human trafficking and illegal
immigration.
(ii) Exchange of skills related to entry and exit control
measures.
(iii) Cooperation between immigration agencies.
(iv) Personnel training and sharing of experience.
(v) Other areas of cooperation as agreed upon by the Parties.
Article 3
Forms of cooperation
For the purpose of effectively enforcing the provisions of
Article 2, the Parties shall, on the Principle of equality and
reciprocity, cooperate as follows:
(i) Exchange criminal information;
(ii) Exchange visits for official business;
(iii) Invite one to three immigration officers from the other
Party to participate in immigration training held by one
of the Parties if possible;
(iv) Implement other mutual assistance as agreed by the Parties
in accordance with Article 2(v).
Article 4
Requests for Assistance
(i) Requests for assistance shall be made in writing.
(ii) In case the situation is urgent and the requested Party has
given its consent, the request for assistance may be made
in some other form as agreed by the Parties but shall be
confirmed in writing within ten days after such a request
is made.
(iii) The written request shall include the following content:
the name of the department that is making the request, the
purpose of the request, the particulars of the request,
the summary of the case and all other information
necessary for meeting the request.
(iv) In case the request cannot be met due to inadequate
information, the requesting Party may be required to
provide further information by way of a supplementary
request.
Article 5
Refusal of Requests
The Parties agree that in case the request in beyond the scope
of their cooperation or in the event that honouring the request
will disrupt the public order or good practice of the country of
the requested Party, the requested Party may refuse to grant the
request. The requested Party shall provide the requesting Party
with an explanation of its refusal.
Article 6
Request Fulfillment
The Parties shall take necessary measures to ensure that the
request can be quickly and safely satisfied and shall inform the
requesting Party about the result of actions taken to meet the
request.
Article 7
Confidentiality
(i) The Parties shall ensure that mutually provided information,
documents, and personal data shared between the Parties are
kept as confidential after the Agreement is terminated.
(ii) Where the information is restricted information, or the
information is to be used for a purpose other than the
purpose for which it was requested or, the information is
to be shared with third party, the requesting Party must
obtain the consent of the Party providing the information
before using the information or sharing it with a third
party.
(iii) In the context of this Agreement “ restricted information
” refers to any information which is:
a. Identified by anyone of the Parties as confidential
information
b. Information protected by any law within the state of
the Parties
c. Information which one Party communicates to the other
Party is restricted information
Article 8
Expenses
(i) The finances needed for personnel training as stated in
paragraph (iii) of Article 3 shall be paid in as agreed by
the Parties by negotiations conducted on a case by case
basis.
(ii) Expenses incurred by one of the Parties in fulfilling a
request made by the other Party in accordance with this
Agreement shall be paid by the requested Party unless it is
otherwise negotiated by the Parties. In cases where the
request involves a large amount of expense or extra
expenses, the Parties shall negotiate beforehand to affirm
the conditions of the request and the defrayment of the
expenses.
Article 9
Languages
The Competent Authorities of the Parties shall use English as
the medium of their communication when they engage in
cooperation in accordance with this Agreement.
Article 10
Meetings and Consultations
The Leaders or Representatives of the Parties may hold meetings
or conduct consultations in order to discuss and improve the
cooperation to be carried out in accordance with this Agreement.
Article 11
Settlement of Disputes
Disputes arising from the application of this Agreement shall be
settled through negotiations as soon as possible by the Parties.
Article 12
Commencement, Amendments and Termination
(i) This Agreement shall be effective on the date of the latter
signature of the Parties and terminate thirty days after one
of the Parties notifies the other Party in writing of its
termination.
(ii) This Agreement may be amended in writing through
negotiations by the Parties.
Article 13
Indemnity
Each Party agrees to indemnify the other Party, from any
liability (including vicarious liability)for loss, injury or
damage caused to any third party otherwise than by the willful
or negligent acts or omissions of the other Party, its agents
and employees in the execution of this Agreement.
IN WITNESS WHEREOF the undersigned, being duly authorized by
their respective Government, have signed this Agreement.
SIGNED in duplicate in the Chinese and English languages, all
texts being equally authentic. In case of divergence in the
interpretation of this Agreement, the English text shall
prevail.
FOR THE MINISTRY FOR THE MINISTRY
OF THE INTERIOR OF FOREIGN
OF THE REPUBLIC AFFAIRS,
OF CHINA HOMELAND
(TAIWAN) SECURITY,
LABOUR, JUSTICE
AND LEGAL
AFFAIRS OF THE
SAINT
CHRISTOPHER AND
NEVIS
__________________ __________________
Minister Minister
HON. CHEN, HON. PATRICE
WEI-REN NISBETT
Date: 1. Sept. 2014 Date: 18. Sept. 2014
Place: Taipei,Taiwan Place: Basseterre