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Laws & Regulations Database of The Republic of China (Taiwan)

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1.Signed on January 21, 2016 and December 15, 2015 Entered into force on January 21, 2016
 
The Ministry of the Interior of the Republic of China (Taiwan)
and the Ministry of Justice and Public Security of the Republic
of El Salvador, hereinafter referred to as “ the Parties, ”

Based on the principle of equality and reciprocity,

With the objective to promote cooperation between the national
migration agencies of both countries,

Concerned about migration issues and transnational crimes,
especially human trafficking prevention, and

Desirous of facilitating exchange and cooperation,

Have agreed as follows:

Article 1
Objective

This Agreement aims to carry out coordination and joint
cooperation to protect victims of human trafficking and migrant
smuggling, especially women, children and adolescents.

Article 2
Competent Authorities
1. The competent authorities that conclude and implement this
Agreement are:
a. The Ministry of the Interior of the Republic of China
(Taiwan), through the National Immigration Agency;
b. The Ministry of Justice and Public Security of the Republic
of El Salvador, through the General Directorate of Migration
and Foreignness.
2. The Parties shall dedicate themselves to 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.

Article 3
Scope of Cooperation
1. Cooperation in prevention of human trafficking and migrant
smuggling;
2. Cooperation in the exchange of skills related to entry and
exit control;
3. Cooperation between migration agencies;
4. Cooperation in personnel training and experience sharing;
5. Other cooperative items agreed upon by the Parties.

Article 4
Forms of Cooperation

For the purpose of effectively enforcing the provisions of
Article 3, the Parties shall, on the principle of equality and
reciprocity, cooperate as follows:
1. Exchange of relevant information on human trafficking and
migrant smuggling;
2. Exchange of official visits;
3. Invitations for one to three migration officers from one
Party to participate in migration training held by the other
Party, to the largest possible extent;
4. Establishment of mechanisms for the assisted repatriation of
victims of human trafficking and migrant smuggling. In a case
of human trafficking, a psychosocial summary of the victim
may be included;
5. Establishment of protection mechanisms and immediate care of
victims of human trafficking and migrant smuggling;
6. Establishment of other forms of mutual assistance that are
requested but not mentioned above.

Article 5
Request for Assistance and Information

The Parties agree that requests for assistance shall be made in
writing. In the event that a situation is urgent and the
requested Party has provided consent, the request for assistance
may be made in some other form but shall be confirmed in writing
within ten days after such a request is made.

The written request shall include the following content: the
name of the department making the request, the purpose of the
request, the particulars of the request, a summary of the case
and other information necessary for meeting the request.

In the event that the request cannot be met due to inadequate
information, the requesting Party may be required to provide
supplementary information.

Article 6
Request Refusals

The Parties agree that, in the event that the request is beyond
the scope of their cooperation or that the meeting of the
request will disrupt the public order or good practices of the
country of the requested Party, the requested party may refuse
to grant the request, but must provide an explanation.

Article 7
Request Fulfillment
1. The requested Party shall take necessary measures to ensure
that the request can be quickly and safely satisfied and
inform the requesting Party about the result of its actions
to meet the request.
2. The requested Party shall immediately inform the requesting
Party in cases where it lacks authority to satisfy the
request.

Article 8
Confidentiality

The Parties shall ensure that mutually provided information,
documents, and personal data are kept confidential. In the event
that a) the use of the aforementioned information is restricted,
b) such information is not used for the purpose of this
agreement, or c) such information will be shared with a third
party, the written consent of the Party that provides it shall
be secured in advance.

Article 9
Expenses
1. The expenses needed for personnel training as stated in
subparagraph 3 of Article 4 shall be paid according to the
result of negotiations conducted on a case by case basis.
2. Other expenses incurred by the requested Party in accordance
with this Agreement shall be paid by the requested Party
unless otherwise negotiated by the Parties.
3. In cases where the request involves a considerable expense or
extra expenses, the Parties shall negotiate beforehand to
affirm the conditions of the request and the defrayment of
the expenses.

Article 10
Languages

The competent authorities of the Parties may use the Chinese,
Spanish or English language to communicate when engaging in
cooperation in accordance with this Agreement.

Article 11
Meetings and Consultations

The representatives of the Parties may hold meetings or
consultations in order to discuss and improve the cooperation to
be carried out in accordance with this Agreement.

Article 12
Settlement of Disputes

Disputes arising from the interpretation or application of this
Agreement shall be resolved as soon as possible through
consultations between the Parties.

Article 13
Effectiveness, Termination and Amendments
1. This Agreement shall enter into force on the date of the last
signature, and may be modified at any time by mutual consent
of the Parties.
2. This Agreement may be terminated thirty days after one of the
Parties notifies the other Party in writing of its intent to
terminate it.
3. The early termination of this Agreement shall not affect the
conclusion of cooperation activities formalized during its
term, provided the Parties have the financial resources to
complete them.

In witness whereof, the undersigned, being duly authorized by
their respective governments, have signed this Agreement.

Done in duplicate in the Chinese, Spanish and English languages,
all texts being equally authentic.


FOR THE MINISTRY OF THE FOR THE MINISTRY OF JUSTICE AND
INTERIOR OF THE REPUBLIC PUBLIC SECURITY OF THE REPUBLIC OF
OF CHINA (TAIWAN) EL SALVADOR
_______________________ _________________________________
CHEN, WEI-ZEN BENITO ANTONIO LARA FERNANDEZ
Minister Minister

Date: Dec. 15. 2015 Date: Jan. 21. 2016
Place: Taipei, Taiwan Place: San Salvador, El Salvador
Web site:Laws & Regulations Database of The Republic of China (Taiwan)