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

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1.Signed on November 04, 2015 Entered into force on November 04, 2015
 
The Taipei Economic and Cultural Representative Office in the
United States (“ TECRO ” )and the American Institute in Taiwan
(“ AIT ” )(collectively referred to as the “ Parties ” )
mutually agree as follows:

ARTICLE I
PURPOSE OF AGREEMENT
The purpose of this Agreement is to establish the conditions
under which TECRO and AIT, through their designated
representatives, will share with each other certain information
from lost, stolen, and revoked passport databases.

ARTICLE II
DESIGNATED REPRESENTATIVES
AIT ’ s designated representative shall be the Department of
State, Bureau of Consular Affairs, which has identified the
following office as the appropriate point of contact to receive
the electronic data elements set forth in Article IV A and carry
out all other functions set forth herein: the American Institute
in Taiwan, Consular Section, Fraud Prevention Manager, tel.
2162-2308.
TECRO ’ s designated representative shall be the Ministry of
Foreign Affairs, Bureau of Consular Affairs, which has
identified the following office as the appropriate point of
contact to receive the electronic data elements set forth in
Article IV A and carry out all other functions set forth herein:
the Ministry of Foreign Affairs, Bureau of Consular Affairs,
Section Chief, Passport Administration Division, tel. 2343-2852.

ARTICLE III
PROGRAM COMMITMENTS
The Parties, through their designated representatives, agree to
maintain a lost, stolen, and revoked passport information
sharing program as follows:
A) The Parties, through their designated representatives, shall
electronically share the data elements set forth in Article
IV A as contained in the respective databases for lost,
stolen, and revoked passports.
B) The Parties, through their designated representatives, shall
conduct electronic sharing on a daily basis in a manner that
makes the data elements available to inspectors at the
ports-of-entry of the territories of the authorities
represented by the Parties.
C) When a person presents a passport that “ hits ” against
data elements, the Parties, through their designated
representatives, shall review biographic or other information
provided by the inspector to permit the inspector at the port
of entry to confirm whether the passport is lost or stolen
and to take appropriate action.
D) Each Party, through its designated representative, shall
maintain the capacity on a 24/7 basis to verify “ hits, ”
to answer questions regarding port-of-entry hits, and to
field technical questions regarding the program.
E) Each Party, through its designated representative, shall take
the measures specifically defined in Articles V and VI to
prevent unauthorized disclosure of data elements shared by
the other Party, through its designated representative, and
of biographic or other information shared by the other Party,
through its designated representative, as a result of the
post-hit identification process.

ARTICLE IV
TECHNICAL COMMITMENTS
A) Each Party, through its designated representative, shall
provide at least three data elements to the other Party,
through its designated representative: the passport number,
the issuing authority, and the date of issuance. Further data
may be added in the future if agreed by the Parties.
B) Each Party, through its designated representative, shall
provide the data elements to the other Party, through its
designated representative, for any passports that have been
reported or confirmed to be lost, stolen, or revoked.
C) Each Party, through its designated representative, shall make
the data elements available to the other Party, through its
designated representative, in an agreed-upon electronic
format. The Parties, through their designated
representatives, shall establish a technical working group
(TWG) comprised of analysts from both Parties ’ designated
representatives to develop the technical means to exchange
such data.
D) Each Party, through its designated representative, shall
update periodically the data provided to the other Party,
through its designated representative, to ensure accuracy.

ARTICLE V
CONDITIONS OF USE
A) The receiving Party, through its designated representative,
shall protect the data elements received under this Agreement
from unauthorized disclosure, and may use such data elements
only for one or more of the following official functions:
1. Determining whether an alien satisfies the documentary
requirements for travel to, or continued presence within,
the territory of the authorities represented by the
receiving Party;
2. Preventing, investigating, or punishing criminal activity
(including, but not limited to, terrorism or transnational
crime); or
3. Other citizenship, immigration or border management or
enforcement functions.
B) Except as set forth in paragraph D of this Article, the
receiving Party, through its designated representative, may
disseminate the data elements only to other agencies within
the authorities represented by that Party performing the
functions described in paragraph A of this Article, unless
further dissemination is authorized in writing by the
providing Party. Each Party, through its designated
representative, shall permit access within each receiving
agency only on a need-to-know basis, and shall use standard
data security mechanisms and other reasonable safeguards, as
required, to protect against unauthorized disclosure of data
elements received from the other Party, through its
designated representative.
C) Data elements and other information received may not be
disclosed in any judicial or administrative proceeding or to
any court except as permitted in paragraph D of this Article.
D) Nothing in this Article shall preclude the disclosure of
information to the extent that there is an obligation to
disclose it under the laws and/or constitution of the
territory of the authorities represented by the receiving
Party in a criminal prosecution or as otherwise required by
law. To the extent possible, the receiving Party, through its
designated representative, shall notify the providing Party,
through its designated representative, in advance of any such
disclosure.
E) If a Party, through its designated representative, violates
any of the limitations in this Article, the providing Party,
through its designated representative, may withhold providing
further information pursuant to this Agreement pending a
resolution of differences as contemplated in Article VII.
F) If a Party, through its designated representatives, takes
possession of a lost, stolen, or revoked passport issued by
the authorities represented by the other Party, it shall
return the lost, stolen, or revoked passport to the other
Party, through its designated representatives.

ARTICLE VI
SECURITY/INFORMATION SAFEGUARDS
A) Prevention of Misuse.
Each Party, through its designated representative, agrees to
take appropriate action under applicable administrative,
civil, and criminal laws in the event of misuse, alteration,
or deletion of, or unauthorized access to, the data by its
own employees and agents.
B) Access Controls.
Both Parties, through their designated representatives, shall
have security software in place controlling access to data
elements obtained under the terms of this Agreement, and
shall ensure that such software allows an audit trail that
will permit full identification of persons who have accessed
the data elements.
C) Security Administration.
Each Party, through its designated representative, shall
appoint a Systems Security Official, and shall inform the
other Party, through its designated representative, of the
name and title of its respective official. These individuals
shall have the authority to oversee the provisions of this
Agreement pertaining to security and shall act as the
relevant contacts for that purpose.
D) Records Storage.
1. Data elements.
The Parties, through their designated representatives,
shall at all times store in an electronic storage system
all data elements and other information obtained under the
terms of this Agreement. Once the data has been entered
into an electronic storage system, any fixed media shall be
destroyed.
2. In the event that either Party terminates this Agreement,
both Parties, through their designated representatives,
hereto agree to purge all related data from their
respective electronic storage systems, unless otherwise
agreed in writing.
E) Personnel Training for Permitted Uses of the Information.
Each Party, through its designated representative, shall
train all its personnel with access to data elements obtained
under the terms of this Agreement in the legal requirements
of each Party ’ s designated representative, including the
requirements relating to the privacy protection of the
information, the safeguards required to protect the data
elements, and applicable administrative, civil, and criminal
sanctions for violating the use or disclosure provisions.
F) Reporting Attempts to Gain Improper Access. When it becomes
aware of any attempts to gain inappropriate access to data,
whether by bribery, coercion, or other means, each Party,
through its designated representative, shall report such
attempts in a timely manner to the other Party ’ s
designated representative ’ s Systems Security Officer.
G) Identification of Information Protection Procedures.
Each Party, through its designated representative, shall
identify, in writing, the specific measures taken or expected
to be taken regarding the protection of data elements from
unauthorized disclosure.

ARTICLE VII
OBLIGATION TO RESOLVE DIFFERENCES
Disagreements between the Parties ’ designated representatives
arising under this Agreement shall be resolved by consultation
between the Parties ’ designated representatives.

ARTICLE VIII
AMENDMENT
Either Party may propose an amendment to this Agreement at any
time by writing to the other Party.
This Agreement may only be amended by the written consent of
both Parties.

ARTICLE IX
ENTRY INTO FORCE AND TERMINATION
This Agreement shall enter into force upon signature and shall
not affect any existing arrangements between the Parties with
respect to lost, stolen, and revoked passports, including the
letter of September 7, 2011, from Director William A. Stanton
(AIT/T) to Chairman of the Coordination Council for North
American Affairs Yu-ming Shaw (TECRO), the letter of October 7,
2011, from Chairman of the Coordination Council for North
American Affairs Dr. Yu-ming Shaw (TECRO) to Director William A.
Stanton (AIT/T), and the letter of February 17, 2014, from
Director-General Chung-chen Kung (BOCA) to Consular Section
Chief Morgan A. Parker (AIT/T).
This Agreement may be terminated by either Party upon written
notice to the other Party. Termination shall become effective
upon receipt of such notice.

IN WITNESS WHEREOF, the undersigned, being duly authorized, have
signed this Agreement.

Signed in duplicate at Washington, D.C, on November 4, 2015, in
the Chinese and English languages, each text being equally
authentic.


FOR THE TAIPEI FOR THE
ECONOMIC AND AMERICAN
CULTURAL INSTITUTE
REPRESENTATIVE IN TAIWAN
OFFICE IN THE
UNITED STATES

__________________ __________________
Dr. Shen, Lyushun Joseph R. Donovan, Jr.
Representative Managing Director
Web site:Laws & Regulations Database of The Republic of China (Taiwan)