The Anti-Money Laundering Division, Investigation Bureau,
Ministry of Justice, Republic Of China (Taiwan), and the
Meldpunt Ongebruikelijke Transacties van de Nederlandse Antillen
(hereinafter, each referred to as “the Authority” or
collectively as “the Authorities”) desire, in a spirit of
cooperation and mutual interest and within the framework of each
Authority’s national legislation, to facilitate the exchange of
information in support of investigations concerning financial
transactions suspected of being related to money laundering or
criminal activities related to money laundering, terrorist
financing and related crimes.

To that end, the Authorities, without the intent to create a
legally binding document, but with the purpose of fostering said
information exchange to the fullest extent possible, have
reached the following understanding:

Information Exchange
1. To the extent authorized by the laws of its country, and
consistent with its own policies and procedures, each
Authority will provide upon request from the other any
information in its possession, that it has access to, or that
it is authorized by law to collect concerning financial
transactions suspected of being related to money laundering
or criminal activities related to money laundering, that may
be relevant to the investigation of money laundering,
terrorist financing, or related crimes. In accordance with
the laws of its country and its own policies and procedures,
each Authority may also spontaneously provide such
information to the other. A requesting Authority will, to the
extent possible, provide a brief statement of the underlying
facts justifying any request for information.

Use and Disclosure of Responsive Information
2(a). The requesting Authority will use the information provided
in response to a request for information only for the
purposes set forth in the request and as consistent with
its national legislation and the requesting Authority will
disclose the information provided in response only to
those parties identified in the request.
(b). The requesting Authority’s use and/or disclosure
(including use and/or disclosure in an administrative, a
criminal, prosecutorial or judicial proceeding) of the
information provided in response to a request beyond that
discussed in paragraph 2(a) is prohibited unless the
requesting Authority obtains the prior written consent of
the disclosing Authority.

Use and Disclosure of Information Contained in a Request
3(a). In the event that the requested Authority uses information
contained in a request for information to initiate legal
action (such as asset freezing or prosecution) or is
subject to legal process or proceedings that would require
the disclosure of the information, the requested Authority
will immediately and to the extent permitted under its
national legislation inform the requesting Authority of
said legal action or disclosure.
(b). The requested Authority may not disclose information
contained in the request for information to parties or for
purposes not identified in the request without the prior
written consent of the requesting Authority. However,
nothing in this Memorandum of Understanding (hereinafter
referred to as “Memorandum”) bars the requested
Authority from transmitting to other appropriate branches
of the requested Authority’s administrative,
prosecutorial or judicial agencies. (i) the content of the
request to obtain information responsive to the request,
or (ii) the identity of both the requesting Authority and
the individual or entity that is the subject of the
request to facilitate coordination between other
appropriate branches of the requested Authority’s
administrative, prosecutorial or judicial agencies.

Compelled Disclosure
4(a). If an Authority is subject to legal process or proceedings
that could require the disclosure of information it has
received from the other Authority, the Authority subject
to such process or proceedings will immediately notify the
other Authority.
(b). In the event that the other Authority objects to
disclosure of its information as described in 4(a), the
Authority subject to the legal process or proceedings will
take reasonable efforts to ensure that the information
will not be disseminated to any third party or that
appropriate limitations are placed upon the disclosure.

Confidentiality
5. All information exchanged by the Authorities will be
subjected to strict controls and safeguards to ensure that
the information is used only in an authorized manner and as
stipulated in this Memorandum and treated with the strictness
of confidence. Exchanged information will be protected by the
same level of confidentiality as provided by the legislation
of the country of the receiving Authority for similar
information obtained from domestic sources.

Limitations
6. Nothing in this Memorandum compels one Authority to lend
assistance to the other Authority, especially where judicial
proceedings have been initiated on the same facts or if such
assistance is contrary to the interests of the country of the
requested Authority. If an Authority decides not to accede to
a request, the Authority that received the request for
information will notify the requesting Authority of its
decision and reasons, in writing.

Form of Correspondence
7. To the extent possible, all requests for information,
responses to requests for information, exchanged information,
notices, and consents provided pursuant to this Memorandum
should be reduced to or ultimately confirmed in writing.

English Official Language
8. Communication between the Authorities will take place in
English.

Amendments
9. This Memorandum may be amended from time to time by mutual
written consent.

Further Communication
10. The Authorities will discuss other avenues of cooperation
etween them in the prevention detection and deterrence of
money laundering and terrorist financing.

Term and Termination
11. This Memorandum will become effective upon signature by the
uthorities.
12. This Memorandum is revocable at any time. The termination
ill become effective as of the receipt of the written
notification from the other Authority. However, if one
Authority discloses or uses information provided by the
other Authority in a manner contrary to the provisions of
this Memorandum and without the consent of the other
Authority, the other Authority may terminate the Memorandum
immediately by any means of communication. The terms and
conditions of this Memorandum dealing with the
confidentiality of information received prior to the
termination of this Memorandum will remain in force after
the termination of this Memorandum.


Signed at Guatemala City, on March 4, 2009, in duplicate in the
English language, the English version being the agreed authentic
text and each Authority takes the responsibility for
establishing translation into its own language.



For the Anti-Money For the Meldpunt
Laundering Division, Ongebruikelijke For the
Investigation Bureau, Financial Intelligence Unit
Ministry of Justice, of
Republic Of China Transacties van de
(Taiwan) Nederlandse Antillen

Signed: Signed:
Name: Yu-Yi Chou Name:Kenneth V.
Title:Director Dambruck
Title:Head