This Memorandum of Understanding (MOU) embodies understandings
between the Taipei Economic and Cultural Office in Australia and
the Australian Office, Taipei, (hereinafter referred to as the
“ Participants ” )and sets out a framework through which the
Participants mutually arrange to cooperate and collaborate with
information exchanges concerning invalid travel documents. The
Participants will cooperate on equal and reciprocal terms.
Recognising that the urgent problems of border and
transportation security arising from illegal immigration,
international terrorism and other serious forms of international
crime demonstrate the need for progress in co-operation among
border protection, immigration, passport, and consular agencies;
Desiring to make travel and admission into Participants ’
territories easier for legitimate tourists, students, and
business travellers, while making it more difficult to travel to
and be admitted to the territories illegally;
Noting that one way to improve border protection is the
development of arrangements for the availability, provision and
use of relevant information among the agencies concerned;
Recognising that, in order to act swiftly and appropriately,
border protection, immigration and passport agencies must have
available to them and be able to obtain reliable information
from their counterparts abroad to identify passports that are
Further recognising that, to the extent such information can be
provided between Participants, it can assist in preventing the
travel and entry of inadmissible persons;
Further recognising that this MOU aims to support and facilitate
the availability, provision and use of information on travel
documents for the purpose of identifying documents that are
Further recognising that nothing in the way this MOU is designed
or implemented will affect the essential authority of each
Participant to determine who is to be admitted to its respective
UNDERSTAND as follows:
PURPOSE OF MEMORANDUM
The purpose of this MOU is to establish the conditions under
which the Participants intend to make available to each other
information relating to travel documents which have been
reported lost, stolen or otherwise invalid for the purpose of
detecting and preventing the misuse of invalid travel documents.
An invalid travel document means any travel document (including
any blank travel document) that is recorded as lost, stolen, or
otherwise invalid in accordance with the domestic law of the
The MOU will be implemented on behalf of:
a) The Bureau of Consular Affairs, represented by the Taipei
Economic and Cultural Office in Australia.
b) The Australian Passports Office, represented by the Australian Office.
The following are mutually understood:
A. Each Participant will provide to the other in a mutually
acceptable electronic format, data setting out travel
documents which have been reported lost or stolen or are
otherwise invalid in the immediately preceding period.
B. The providing Participant intends to make available the
following data elements as a minimum: travel document number,
document type, issuing authority, and reporting authority, as
contained in its passport database. Further data may be added
in the future if agreed by the Participants.
C. The data will be provided on a daily basis (business day), to
the extent practicable.
D. Each Participant intends to maintain, at any time, the
capacity to assist in establishing the validity of a
passport, to assist in determining subsequent action.
E. When a person presents a travel document that produces an
alert against the data elements of the providing Participant,
it will be evaluated for the purposes of determining whether
the passport holder will be permitted to receive a visa, to
travel or to be admitted. In such cases, a Participant will
not take action based on concerns on the status of the
passport until it has contacted the passport issuing
A. Each Participant intends to make the data elements as set out
in section IV.A and IV.B available to the other in a mutually
acceptable electronic format.
B. The providing Participant will ensure that the data elements
made available and any other information provided to the
receiving Participant are as accurate, relevant, timely, and
complete as possible to meet the specifications set out in
CONDITIONS OF USE
A. The information provided to the receiving Participant may
only be used by officials for the following purposes:
1. To assist in determining whether an individual satisfies
the legal requirements for entry or, continued presence
within the Participant ’ s territorial limits, or other
citizenship, immigration or border management functions in
relation to the use of a travel document;
2. To prevent, detect, suppress, investigate, prosecute or
punish criminal activity (including, but not limited to,
passport offences, terrorism or trafficking in controlled
substances, persons or illicit weapons), in relation to
the use of an invalid travel document by an individual; or
3. To assist in the seizure of an invalid travel document.
B. The receiving Participant may disseminate the information
provided under this MOU to other agencies in the Participant
’ s territory only for the purposes specified in paragraph A
of this Section, unless authorised in writing by the
providing Participant. Within each receiving agency, each
Participant is to permit access to the data on a need-to-know
C. The receiving Participant will notify the providing
Participant in writing of a dissemination made for a purpose
specified in sub-paragraph A.2 of this Section.
D. The receiving Participant will not seize an invalid passport
for the purposes of sub-paragraph A.3 of this Section without
first obtaining the consent of the providing Participant.
The receiving Participant will safeguard information received in
accordance with the provisions set out in paragraphs A to L of
A. Integrity of Information. Information provided and received
under this MOU will be accurate, complete and kept up-to date
to the extent necessary for the purposes of this MOU.
1. The receiving Participant will not modify any information
received under this MOU without the authorisation of the
2. When either Participant becomes aware that information it
provided or received under this MOU is inaccurate, the
Participant, subject to its domestic laws, is to advise
the other Participant thereof and provide in writing the
correct information. Upon receipt of such information, the
receiving Participant will take steps to ensure that the
inaccurate information is destroyed and/or to otherwise
correct the information.
B. Access Controls. Both Participants will have security
safeguards in place (including electronic safeguards)
controlling on a need-to-know basis access to information
obtained under this MOU. Such safeguards will allow an audit
trail that permits full identification of persons who have
accessed the information.
C. Dissemination Controls. The receiving Participant will ensure
that information that is obtained under this MOU is protected
from unauthorised dissemination.
D. Prevention of Misuse. The receiving Participant is expected
to take appropriate action under its administrative, civil,
and criminal laws in the event of misuse, unauthorised
alteration, deletion, access or dissemination of information
obtained under this MOU by its employees, agents or any third
party. In the event that such actions are taken, the
receiving Participant will notify the providing Participant
E. When the receiving Participant becomes aware of any attempts
to inappropriately gain access to, use, alter, delete, or
disseminate information obtained under this MOU, whether by
bribery, coercion, or other means, the receiving Participant
will report in writing in a timely manner, to the providing
Participant ’ s Liaison Official.
F. Records Storage. The receiving Participant will at all times
store information obtained under this MOU in a secure
electronic storage system.
G. Retention of Information. Information obtained under this MOU
will be retained only as long as necessary to carry out the
purposes stated in Section VI.A and in accordance with the
domestic law of the Participant.
H. Each Participant will keep an audit record as to how long the
information obtained under Section IV.A was held and when it
was disposed of and will make such information available to
the other Participant if requested.
I. In the event that the Participants cease to participate with
each other and terminate this MOU, the Participants will
dispose of all information obtained from each other as a
result of the operation of the data sharing in accordance
with the Participants ’ laws, unless otherwise mutually
arranged in writing.
J. Personnel Training for Permitted Uses. Each Participant will
ensure that all personnel with access to data and other
information obtained under this MOU are trained in the
safeguards required to protect such information.
K. If in the view of a Participant sufficient safeguards are not
being maintained by the other with regard to the information
provided under this MOU, it may withhold provision of further
information pending a resolution of the issue under Section
L. As necessary, each Participant may request assurance from the
other that sufficient safeguards are being maintained with
regard to the information obtained under this MOU.
PRIVACY ISSUES AND COMPLAINTS
A. Each Participant will have a procedure whereby members of the
public may raise privacy questions and concerns regarding the
information that is provided pursuant to this MOU, through a
designated point of contact for public enquiries. Each
Participant is to refer persons raising privacy questions or
concerns about information provided under this MOU to the
designated point of contact of the Participant that provided
the information, to the extent that such referral is
appropriate and permitted by law.
B. Privacy questions and concerns will be considered and
responded to in a timely manner by the Participant to which
they are addressed, and in accordance with applicable laws of
the providing Participant.
Each Participant will appoint one or more Liaison Official (of
appropriate seniority within the authorised implementing
entities), and provide the other Participant with their contact
The Participants, through their Liaison Officials, will consult
as necessary to promptly address and endeavour to resolve any
issues arising under this MOU.
A. Either Participant may request amendment of this MOU at any
time by writing to a Liaison Official of the other
B. This MOU may only be amended by the written consent of both
STATUS OF MOU
The provisions of this MOU will not prevent either Participant
from cooperating or granting assistance in accordance with the
provisions of other applicable international treaties and
agreements, arrangements, domestic laws and related practices.
COMMENCEMENT AND TERMINATION
This MOU will come into effect upon signature. This MOU may be
terminated by either Participant upon receipt of written notice
to the other Participant.
Signed in Canberra, in the Signed in Canberra, in the
English language, on this English language, on this
19th day of June ,2014 19th day of June ,2014
Bureau of Consular Affairs The Australia Passports
represented by the Taipei Office represented by
Economic and Cultural the Australian Office,
Office in Australia Taipei
Ms Katharine Mr Kevin Magee
Hsiao-Yueh Chang Representative
Witnessed on this 19th day Witnessed on this 19th day
of June , 2014 by: of June , 2014 by:
(printed name) (printed name)