The Taipei Economic and Cultural Representative Office in the U-
nited States and The American Institute in Taiwan,
Desiring to improve the effective cooperation of the law enforc-
ement authorities of the territories represented by either Party
through mutual legal assistance in criminal matters on the basis
of mutual respect, reciprocity, and mutual benefit,
Have agreed as follows:
Article 1
General Definitions
1 For the purposes of this Agreement, unless the context otherw-
ise requires:
(1) The term "AIT" means the American Institute in Taiwan, a no-
nprofit corporation incorporated under the laws of the Dist-
rict of Columbia pursuant to the Taiwan Relations Act of Ap-
ril 10, 1979, Public Law 96-8 (22 U.S.C. §§ 3301 et seq.);
(2) The term "TECRO" means the Taipei Economic and Cultural Rep-
resentative Office in the United States, an instrumentality
established by the Taiwan authorities; and
(3) The terms "Party" or "Parties" refer to AIT and/or TECRO.
Article 2
Scope of Assistance
1 The Parties shall provide mutual assistance through the relev-
ant authorities of the territories they represent, in accorda-
nce with the provisions of this Agreement, in connection with
the investigation, prosecution, and prevention of offenses, a-
nd in proceedings related to criminal matters.
2 Assistance shall include:
(1) taking the testimony or statements of persons;
(2) providing documents, records, and articles of evidence;
(3) locating or identifying persons;
(4) serving documents;
(5) transferring persons in custody for testimony or other purp-
oses;
(6) executing requests for searches and seizures;
(7) assisting in proceedings related to immobilization and forf-
eiture of assets, restitution, or collection of fines; and
(8) any other form of assistance not contrary to the laws of the
territory represented by the Requested Party.
3 Except as otherwise provided in this Agreement, assistance sh-
all be provided without regard to whether the conduct that is
the subject of the investigation, prosecution, or proceeding
in the territory represented by the Requesting Party would co-
nstitute an offense under the laws of the territory represent-
ed by the Requested Party.
4 This Agreement is intended solely for mutual legal assistance
between the Parties. The provisions of this Agreement shall
not give rise to a right on the part of any private person to
obtain, suppress, or exclude any evidence, or to impede the e-
xecution of a request.
Article 3
Designated Representatives
1 Each Party shall designate a Designated Representative to make
and receive requests pursuant to this Agreement.
2 For AIT, the Designated Representative shall be the Attorney
General of the territory represented by AIT or a person desig-
nated by the Attorney General. For TECRO, the Designated Rep-
resentative shall be the Minister of Justice of the territory
represented by TECRO or a person designated by the Minister of
Justice.
3 The Designated Representatives shall communicate directly with
one another for the purposes of this Agreement, except that a-
ny transfer of funds under this Agreement from one Party to t-
he other shall be made between AIT and TECRO in accordance wi-
th the provisions of paragraphs 4 and 5.
4 Any transfer of funds to AIT under this Agreement shall be ma-
de to AIT by TECRO in U.S. dollars. Payments shall be sent
to:
Deputy Managing Director
American Institute in Taiwan
1700 N. Moore Street, Suite 1700
Arlington, VA 22209
Telephone Number: (703) 525-8474
Facsimile Number: (703) 841-1385
Any transfer of funds to TECRO under this Agreement shall be ma-
de to the Coordination Council for North American Affairs by AIT
in New Taiwan dollars or U.S. dollars. Payments shall be sent
to:
Secretary General
Coordination Council for North American Affairs
133 Po-Ai Road
Taipei, Taiwan 100
Telephone Number: 02-2311-6970
Facsimile Number: 02-2382-2651
5 Any request for transfer of funds under this Agreement and any
transfer of funds under this Agreement must be accompanied by
supporting documentation identifying the specific activities
and costs involved.
Article 4
Limitations on Assistance
1 The Designated Representative for the Requested Party may deny
assistance if:
(1) the request relates to an offense under military law that w-
ould not be an offense under ordinary criminal law;
(2) the execution of the request would prejudice the security,
public order, or similar essential interests of the territo-
ry represented by the Requested Party;
(3) the request is not made in conformity with the Agreement; or
(4) the request is made pursuant to Article 15 and relates to c-
onduct which, if committed in the territory represented by
the Requested Party, would not be an offense in that territ-
ory.
2 Before denying assistance pursuant to this Article, the Desig-
nated Representative for the Requested Party shall consult wi-
th the Designated Representative for the Requesting Party to
consider whether assistance can be given subject to such cond-
itions as it deems necessary. If the Designated Representati-
ve for the Requesting Party accepts assistance subject to the-
se conditions, authorities of the territory represented by it
shall comply with the conditions.
3 If the Designated Representative for the Requested Party deni-
es assistance, it shall inform the Designated Representative
for the Requesting Party of the reasons for the denial.
Article 5
Form and Contents of Requests
1 A request for assistance shall be in writing except that the
Designated Representative for the Requested Party may accept
a request in another form in an emergency situation. In any
such case, the request shall be confirmed in writing within t-
en days thereafter unless the Designated Representative for t-
he Requested Party agrees otherwise. The request shall be in
the language used in the territory represented by the Request-
ed Party unless otherwise agreed.
2 The request shall include the following:
(1) the name of the authority conducting the investigation, pro-
secution, or proceeding to which the request relates;
(2) a description of the subject matter and nature of the inves-
tigation, prosecution, or proceeding, including the specific
criminal offenses that relate to the matter and any punishm-
ent that might be imposed for each offense;
(3) a description of the evidence, information, or other assist-
ance sought; and
(4) a statement of the purpose for which the evidence, informat-
ion, or other assistance is sought.
3 To the extent necessary and possible, a request shall also in-
clude:
(1) information on the identity and location of any person from
whom evidence is sought;
(2) information on the identity and location of a person to be
served, that person's relationship to the proceedings, and
the manner in which service is to be made;
(3) information on the identity and whereabouts of a person to
be located;
(4) a precise description of the place or person to be searched
and of the articles to be seized;
(5) a description of the manner in which any testimony or state-
ment is to be taken and recorded;
(6) a list of questions to be asked of a witness;
(7) a description of any particular procedure to be followed in
executing the request;
(8) information as to the allowances and expenses to which a pe-
rson asked to appear in the territory represented by the Re-
questing Party will be entitled; and
(9) any other information that may be brought to the attention
of the Designated Representative for the Requested Party to
facilitate its execution of the request.
4 If the Designated Representative for the Requested Party cons-
iders the contents contained in the request not sufficient to
enable the request to be dealt with, it may request additional
information.
5 No form of certification or authentication will be required f-
or a request for assistance or its supporting documents.
Article 6
Execution of Requests
1 The Designated Representative for the Requested Party shall p-
romptly execute the request or, when appropriate, shall trans-
mit it to the relevant authority for execution. The competent
authorities of the territory represented by the Requested Par-
ty shall do everything in their power to execute the request.
2 The Designated Representative for the Requested Party shall m-
ake all necessary arrangements for and meet the costs of the
representation of the Requesting Party in the territory repre-
sented by the Requested Party in any proceedings arising out
of a request for assistance.
3 Requests shall be executed in accordance with the procedures
provided for by the laws of the territory represented by the
Requested Party. The method of execution specified in the re-
quest shall be followed except insofar as it is contrary to t-
he laws of the territory represented by the Requested Party.
4 If the Designated Representative for the Requested Party dete-
rmines that execution of a request would interfere with an on-
going criminal investigation, prosecution, or proceeding in t-
he territory represented by the Requested Party, it may postp-
one execution, or make execution subject to conditions determ-
ined necessary after consultations with the Designated Repres-
entative for the Requesting Party. If the Designated Represen-
tative for the Requesting Party accepts the assistance subject
to the conditions, authorities in the territory represented by
it shall comply with the conditions.
5 The relevant authorities of the territory represented by the
Designated Representative for the Requested Party shall use t-
heir best efforts to keep confidential a request and its cont-
ents if such confidentiality is requested by the Designated R-
epresentative for the Requesting Party. If the request cannot
be executed without breaching such confidentiality, the Desig-
nated Representative for the Requested Party shall so inform
the Designated Representative for the Requesting Party, which
shall then determine whether the request should nevertheless
be executed.
6 The Designated Representative for the Requested Party shall r-
espond to reasonable inquiries by the Designated Representati-
ve for the Requesting Party on progress toward execution of t-
he request.
7 The Designated Representative for the Requested Party shall p-
romptly inform the Designated Representative for the Requesti-
ng Party of the outcome of the execution of the request. If t-
he request is denied, the Designated Representative for the R-
equested Party shall inform the Designated Representative for
the Requesting Party of the reasons for the denial.
Article 7
Costs
1 The authorities of the territory represented by the Requested
Party shall pay the costs relating to the execution of the re-
quest, but the authorities of the territory represented by the
Requesting Party shall bear:
(1) the allowances or expenses for the travel of persons under
Articles 11 and 12 of this Agreement in accordance with the
regulations of the territory represented by the Requesting
Party;
(2) the allowances or expenses for persons to travel to and fro-
m and stay in the territory represented by the Requested Pa-
rty under Article 9(3) of this Agreement;
(3) the expenses and fees of experts; and
(4) the costs of translation, interpretation, and transcription.
2 If it becomes apparent that the execution of the request requ-
ires expenses of an extraordinary nature, the Designated Repr-
esentatives for the Parties shall consult to determine the te-
rms and conditions under which the request can be executed.
Article 8
Limitations on Use
1 The Designated Representative for the Requested Party may req-
uest that the authorities of the territory represented by the
Requesting Party not use any information or evidence obtained
under this Agreement in any investigation, prosecution, or pr-
oceeding other than that described in the request without the
prior consent of the Designated Representative for the Reques-
ted Party. In such cases, the authorities of the territory r-
epresented by the Requesting Party shall comply with the cond-
itions.
2 The Designated Representative for the Requested Party may req-
uest that information or evidence furnished under this Agreem-
ent be kept confidential or be used only subject to terms and
conditions it may specify. If the Designated Representative
for the Requesting Party accepts the information or evidence
subject to such conditions, the relevant authorities of the t-
erritory represented by the Requesting Party shall use their
best efforts to comply with the conditions.
3 Nothing in this Article shall preclude the use or disclosure
of information to the extent that there is an obligation to do
so for the territory represented by AIT under that territory's
Constitution or for the territory represented by TECRO under
that territory's Constitution or law in a criminal prosecution
. The Designated Representative for the Requesting Party shall
notify the Designated Representative for the Requested Party
in advance of any such proposed disclosure.
4 Information or evidence that has been made public in the terr-
itory represented by the Requesting Party in accordance with
paragraphs 1, 2, or 3 may thereafter be used for any purpose.
Article 9
Testimony or Evidence in the Territory Represented by the Reque-
sted Party
1 A person in the territory represented by the Requested Party
from whom evidence is requested pursuant to this Agreement sh-
all be compelled, if necessary, to appear and testify or prod-
uce items, including documents, records, and articles of evid-
ence. A person who gives false testimony, either orally or in
writing, in execution of a request, shall be subject to prose-
cution and punishment in the territory represented by the Req-
uested Party in accordance with the criminal laws of that ter-
ritory.
2 Upon request, the Designated Representative for the Requested
Party shall furnish information in advance about the date and
place of the taking of the testimony or evidence pursuant to
this Article.
3 The authorities of the territory represented by the Requested
Party shall permit the presence of such persons as specified
in the request during the execution of the request, and shall
allow such persons to pose questions to the person giving the
testimony or evidence and to make a verbatim transcript in a
manner agreed to by the authorities of the territory represen-
ted by the Requested Party.
4 If the person referred to in paragraph 1 asserts a claim of i-
mmunity, incapacity, or privilege under the laws of the terri-
tory represented by the Requesting Party, the evidence, inclu-
ding all items requested, shall nonetheless be taken and the
claim made known to the Designated Representative for the Req-
uesting Party for resolution by the authorities of that terri-
tory.
5 Evidence produced in the territory represented by the Request-
ed Party pursuant to this Article or that is the subject of t-
estimony taken under this Article may be authenticated by a d-
eclaration, including, in the case of business records, authe-
ntication in the manner indicated in Form A appended to this
Agreement. Documents authenticated by Form A shall be admiss-
ible in evidence in courts in the territory represented by the
Requesting Party.
Article 10
Records of the Territories Represented by the Parties
1 The Designated Representative for the Requested Party shall p-
rovide the Designated Representative for the Requesting Party
with copies of publicly available records, including documents
or information in any form, in the possession of departments
and agencies of the authorities of the territory represented
by the Requested Party.
2 The Designated Representative for the Requested Party may pro-
vide copies of any documents, records, or information which a-
re in the possession of a department or agency of the authori-
ties of the territory represented by that Party, but which are
not publicly available, to the same extent and under the same
conditions as such copies would be available to the law enfor-
cement or judicial authorities of the territory represented by
the Requested Party. The Designated Representative for the R-
equested Party may in its discretion deny a request pursuant
to this paragraph entirely or in part.
3 Records produced pursuant to this Article may be authenticated
by the person in charge of maintaining them through the use of
Form B appended to this Agreement. No further authentication
shall be necessary. Documents authenticated under this parag-
raph shall be admissible in evidence in courts in the territo-
ry represented by the Requesting Party.
Article 11
Transfer of Persons in Custody
1 A person in the custody of the authorities of the territory r-
epresented by the Requested Party whose presence in the terri-
tory represented by the Requesting Party is sought for purpos-
es of assistance under this Agreement may be transferred from
the territory represented by the Requested Party to the terri-
tory represented by the Requesting Party for that purpose if
the person consents and if the Designated Representatives for
both Parties agree.
2 A person in the custody of the authorities of the territory r-
epresented by the Requesting Party whose presence in the terr-
itory represented by the Requested Party is sought for purpos-
es of assistance under this Agreement may be transferred from
the territory represented by the Requesting Party to the terr-
itory represented by the Requested Party if the person consen-
ts and if the Designated Representatives for both Parties agr-
ee.
3 For purposes of this Article:
(1) the authorities of the territory represented by the receivi-
ng Party shall have the authority and the obligation to keep
the person transferred in custody unless otherwise authoriz-
ed by the authorities of the territory represented by the
sending Party;
(2) the authorities of the territory represented by the receivi-
ng Party shall return the person transferred to custody in
the territory represented by the sending Party within 30 da-
ys of the transfer or as soon as circumstances permit or as
otherwise agreed by both Designated Representatives;
(3) the authorities of the territory represented by the receivi-
ng Party shall not require the authorities of the territory
represented by the sending Party to initiate extradition pr-
oceedings for the return of the person transferred; and
(4) the person transferred shall receive credit for service of
the sentence imposed in the territory represented by the se-
nding Party for time served in custody in the territory rep-
resented by the receiving Party.
Article 12
Testimony in the Territory
Represented by the Requesting Party
1 When the Designated Representative for the Requesting Party r-
equests the appearance of a person in the territory represent-
ed by the Requesting Party, the Designated Representative for
the Requested Party shall invite the person to appear before
the appropriate authority in the territory represented by the
Requesting Party. The Designated Representative for the Requ-
esting Party shall indicate the extent to which the expenses
will be paid. The Designated Representative for the Requested
Party shall promptly inform the Designated Representative for
the Requesting Party of the response of the person.
2 The Designated Representative for the Requested Party may req-
uest the Designated Representative for the Requesting Party to
make a commitment that a person who has been asked to be pres-
ent in the territory represented by the Requesting Party acco-
rding to this Article not be prosecuted, detained, subject to
service of process, or subject to any other restriction of pe-
rsonal liberty, for any acts or omissions or convictions which
preceded such person's entry into the territory represented by
the Requesting Party, and that such person shall not be oblig-
ed to give evidence or assist in any investigation, prosecuti-
on, or proceeding other than that to which the request relate-
s, except with the prior consent of the Designated Representa-
tive for the Requested Party and such person. The person who-
se presence is requested may decline to comply with the reque-
st if the Designated Representative for the Requesting Party
does not grant such assurances.
3 The safe conduct provided for by this Article shall cease sev-
en days after the Designated Representative for the Requesting
Party has notified the Designated Representative for the Requ-
ested Party that the person's presence is no longer required,
or when the person, having left the territory represented by
the Requesting Party, voluntarily returns. The Designated Re-
presentative for the Requesting Party may, in its discretion,
extend this period up to fifteen days if it determines that t-
here is good cause to do so.
Article 13
Location or Identification of Persons or Items
If the Designated Representative for the Requesting Party seeks
the location or identity of persons or items in the territory r-
epresented by the Requested Party, the authorities of the terri-
tory represented by the Requested Party shall use their best ef-
forts to ascertain the location or identity.
Article 14
Service of Documents
1 The authorities of the territory represented by the Requested
Party shall use their best efforts to effect service of any d-
ocument relating, in whole or in part, to any request for ass-
istance made by the Designated Representative for the Request-
ing Party under the provisions of this Agreement.
2 The Designated Representative for the Requesting Party shall
transmit any request for the service of a document requiring
the appearance of a person before an authority in the territo-
ry represented by the Requesting Party a reasonable time befo-
re the scheduled appearance.
3 The Designated Representative for the Requested Party shall r-
eturn a proof of service in the manner specified in the reque-
st.
Article 15
Search and Seizure
1 The Designated Representative for the Requested Party shall o-
btain the execution of a request for the search, seizure, and
delivery of any item to the Designated Representative for the
Requesting Party if the request includes the information just-
ifying such action under the laws of the territory represented
by the Requested Party.
2 Upon request, every person who has custody of a seized item s-
hall certify, through the use of Form C appended to this Agre-
ement, the continuity of custody, the identity of the item, a-
nd the integrity of its condition. No further certification
shall be required. The certificate shall be admissible in ev-
idence in courts in the territory represented by the Requesti-
ng Party.
3 The Designated Representative for the Requested Party may req-
uire that the Designated Representative for the Requesting Pa-
rty agree to the terms and conditions deemed necessary to pro-
tect third party interests in the item to be transferred.
Article 16
Return of Items
The Designated Representative for the Requested Party may requi-
re that the Designated Representative for the Requesting Party
return any items, including documents, records, or articles of
evidence, furnished to it in execution of a request under this
Agreement as soon as possible.
Article 17
Assistance in Forfeiture Proceedings
1 If the Designated Representative for one Party becomes aware
of proceeds or instrumentalities of offenses which are located
in the territory represented by the other Party and may be fo-
rfeitable or otherwise subject to seizure under the laws of t-
he territory represented by that Party, it may so inform the
Designated Representative for the other Party. If the releva-
nt authorities of the territory represented by that other Par-
ty have the necessary authority over forfeiture or seizure, t-
he Designated Representative for that other Party may present
this information to the authorities of the territory represe-
nted by that Party for a determination whether any action is
appropriate. These authorities shall issue their decision in
accordance with the laws of their territory, and shall, throu-
gh their Designated Representative, report to the Designated
Representative for the other Party on the action taken.
2 The Designated Representatives for the Parties shall assist e-
ach other to the extent permitted by the respective laws of t-
he territories represented by them in proceedings relating to
the forfeiture of the proceeds and instrumentalities of offen-
ses, restitution to the victims of crime, and the collection
of fines imposed as sentences in criminal prosecutions. This
may include action to immobilize temporarily the proceeds or
instrumentalities pending further proceedings.
3 Proceeds or instrumentalities of offenses shall be disposed of
in accordance with the laws of the territories represented by
the Parties. Either Party may transfer all or part of such a-
ssets, or the proceeds of their sale, to the other Party, to
the extent permitted by the laws of the territory represented
by the transferring Party and upon such terms as it deems app-
ropriate.
Article 18
Compatibility with Other Agreements
Assistance and procedures set forth in this Agreement shall not
prevent either of the Parties or their Designated Representativ-
es from granting assistance to the other Party through the prov-
isions of other applicable agreements, or through the provisions
of the laws applicable in the territory represented by it. The
Parties may also provide assistance pursuant to any arrangement,
agreement, or practice which may be applicable.
Article 19
Consultation
The Designated Representatives for the Parties shall consult, at
times mutually agreed to by them, to promote the most effective
use of this Agreement. The Designated Representatives may also
agree on such practical measures as may be necessary to facilit-
ate the implementation of this Agreement.
Article 20
Entry into Force; Termination
1 This Agreement shall enter into force on the date of the final
signature hereafter.
2 Either Party may terminate this Agreement by means of written
notice to the other Party. Termination shall take effect six
months following the date of receipt of such notification.
3 This Agreement applies to any request presented after its ent-
ry into force even if the relevant offenses occurred before t-
his Agreement enters into force.
IN WITNESS WHEREOF, the undersigned, being duly authorized ther-
eto, have signed this Agreement.
Washington, DC
DONE at ─────── in duplicate, in the Chinese and English
26th
languages, both texts being equally authentic, this ──day of t
March
he───month of the year two thousand and two.
FOR THE TAIPEI ECONOMIC FOR THE AMERICAN INSTITUTE
AND CULTURAL REPRESENTATIVE IN TAIWAN:
OFFICE IN THE UNITED STATES:
程建人 Richard C. Bush
NAME: ────────── NAME: ─────────
Chien-jen chen
REPRESENTATIVE Chairman
TITLE:────────── TITLE:─────────
MARCH 26, 2002 26 MARCH 2002
DATE: ────────── DATE: ─────────
Form A
CERTIFICATE OF AUTHENTICITY OF BUSINESS RECORDS
I,________ [name]________ , declare on penalty of criminal puni-
shment for false statement or declaration that I am employed by
_________[name of business from which documents are sought]_____
____ and that my title is ________ [title] __________. I furth-
er state that each of the records attached hereto is the origin-
al or a duplicate of the original record in the custody of _____
_____ [name of business from which documents are sought].
I further state that:
A) such records were made, at or near the time of the occurrence
of the matters set forth, by (or from information transmitted
by) a person with knowledge of those matters;
B) such records were kept in the course of a regularly conducted
business activity;
C) the business activity made such records as a regular practice
; and
D) if any such record is not the original, it is a duplicate of
the original.
_________ [signature]____________ ________ [date]________
Sworn to or affirmed orally before me,_________ [name] _________
, a judicial officer, this _____ day of ______________________,
20___.
Form B
CERTIFICATE OF AUTHENTICITY OF FOREIGN PUBLIC DOCUMENTS
I,_______ [name]________, declare on penalty of criminal punish-
ment for false statement or declaration that my position with t-
he Authority of___________[territory]___________is______________
[title]___________and that in that position I am authorized by
the law of_____________ [territory]_____________ to declare that
the documents attached and described below are true and accurate
copies of original records which are recorded or filed in ______
____________ [name of office or agency]__________________ , whi-
ch is an office or agency of____________ [territory]___________.
Description of Documents:
_________ [signature]_________
_________ [title]_____________
_________ [date] _____________
Form C
CERTIFICATE WITH RESPECT TO SEIZED ARTICLES
I,_________[name]_________, declare on penalty of criminal puni-
shment for false statement or declaration that my position with
the Authority of_______ [territory] _________is_________ [title]
_________ . I received custody of the articles listed below from
[name of person] on
[date] , at [place]
in the same condition as when I received them (or, if
different, as noted below).
Description of Articles:
Changes in condition while in my custody:
_________ [signature]_________
_________ [title]_____________
_________ [place]_____________
_________ [date]______________