PREAMBLE
The Taipei Liaison Office in the Republic of South Africa and
the Liaison Office of the Republic of South Africa in Taipei
(hereinafter jointly referred to as the “ Parties ” and
separately as a “ Party ” );
WISHING to ensure and promote mutual assistance between law
enforcement authorities;
BEING concerned about crime, especially in its organized forms;
MOTIVATED by the desire to make an active contribution in
combating criminal activity in all its forms;
HEREBY reach the following understandings:
Article 1
COMPETENT AUTHORITIES AND COOPERATION
(1) The competent authorities responsible for the implementation
of this Memorandum of Understanding will be –
(a) in the case of the authorities of Taiwan, the National
Police Administration; and
(b) in the case of the South African authorities, the South
African Police Service.
(2) The competent authorities will use their best efforts to
cooperate in accordance with the provisions of this
Memorandum of Understanding, acting under their jurisdiction
and subject to the domestic law applicable to the Parties.
Article 2
AREAS OF COOPEATION
(1) The competent authorities will cooperate in preventing,
detecting, suppressing and investigating crime, including,
but not limited to –
(a) corruption and organized crime;
(b) illicit trafficking in firearms, ammunition, explosives
and poisonous substances, including radioactive materials;
(c) the illicit production of and traffic in narcotic drugs
and psychotropic substances, including those materials
which are used in their production;
(d) economic crimes, including money laundering;
(e) the production and sale of forged banknotes, securities
and other fraudulent documents;
(f) trafficking in stolen goods; and
(g) trafficking in persons.
(2) The competent authorities will also cooperate in the area of
training of personnel.
(3) This Memorandum of Understanding does not apply to
extradition and mutual legal assistance in criminal matters.
Article 3
MANNER OF COOPERATION
In order to give effect to the provision of Article 2,
cooperation between the competent authorities is to take place
in the following manner:
(a) The exchange of information of interest relating to crimes
which are being planned or have been committed and to
persons and organizations involved in these crimes;
(b) the execution of requests as contemplated in Article 5;
(c) the search for persons who are evading criminal prosecution
or execution of a sentence and also for persons who are
reported missing;
(d) the exchange of information, including operational and
forensic information, relating to narcotic drugs and
psychotropic substances, technology relating to their
production and the materials which were used, as well as new
methods of examination and identification of narcotic drugs
and psychotropic substances;
(e) the exchange of samples of drugs, psychotropic substances
and substances used to make them;
(f) the exchange of working experience;
(g) the exchange of legislation;
(h) the exchange, on a mutually beneficial basis, of scientific
and technical literature and data related to the functions
of the competent authorities.
Article 4
DEVELOPMENT OF COOPERATION
With due regard to the provisions of Article 2, this Memorandum
of Understanding does not preclude the competent authorities
from determining and developing other areas and forms of
cooperation.
Article 5
REQUESTS FOR ASSISTANCE
(1) Cooperation within the framework of this Memorandum of
Understanding is to take place on the basis of requests for
assistance from the interested competent authority or on the
initiative of the competent authority which deems such
assistance to be of interest to the other competent
authority.
(2) Requests for assistance will be made in writing. In cases of
emergency, requests may be made orally, but will be
confirmed in writing within seven days.
(3) Should there be any doubt about the authenticity or the
content of the request, further confirmation may be
requested.
(4) Requests for assistance will contain –
(a) the name of the agency of the competent authority which
applies for assistance and the name of the agency of the
competent authority to which application has been made for
assistance;
(b) details of the case;
(c) the purpose of and grounds for the request;
(d) a description of the assistance requested; and
(e) any other information which may assist in the effective
execution of the request.
(5) Requests for assistance will be signed by the head of the
competent authority or its delegate.
Article 6
REFUSAL OF ASSISTANCE
(1) Assistance within this Memorandum of Understanding may be
refused wholly or partially, if the requested competent
authority deems the execution of the request to be
detrimental to the security, public order or other essential
interests of the jurisdiction represented by it, or deems it
to be in conflict with the domestic law or international
obligations applicable to the relevant Party.
(2) Assistance may be refused by the requested competent
authority if the act in relation to which the request was
forwarded is not punishable under the domestic law
applicable to the relevant Party.
(3) Assistance may also be refused if execution of the request
imposes an excessive burden on the resources of the
requested competent authority.
(4) Should it be possible, the requested competent authority
will, before taking a decision to refuse the assistance
requested in accordance with subArticles (1) and (2),
consult with the requesting competent authority in order to
establish whether the assistance may be granted on the
conditions which the requested competent authority may
impose. If the requesting competent authority agrees to
receive assistance under the suggested conditions, it will
comply with these conditions.
(5) The requesting competent authority will be notified in
writing about full or partial refusal to execute the request
together with an explanation of the reasons for such
refusal.
Article 7
EXECUTION OF REQUESTS
(1) The requested competent authority will take all necessary
measures to ensure the prompt and full execution of
requests.
(2) The requesting competent authority will be notified
immediately of any circumstances hampering the execution of
the request or causing considerable delay in its execution.
(3) If the execution of the request does not fall within the
competence of the requested competent authority, it will
immediately notify the requesting competent authority
accordingly.
(4) The requested competent authority may request such further
information as it deems necessary to duly execute the
request.
(5) If the requested competent authority considers that the
immediate execution of the request may hamper criminal
prosecution, other proceedings or investigations being
carried out in its country, it may suspend the execution of
the request or allow the execution under conditions which
were set as necessary after consultations with the
requesting competent authority. If the requesting competent
authority agrees to receive assistance under the suggested
conditions, it will comply with these conditions.
(6) On receipt of the application made by the requesting
competent authority, the requested competent authority will
take all necessary measures to ensure the confidentiality of
the fact that the request was made, its contents and annexed
documents, as well as the fact of providing assistance. If
it is not possible to execute the request without preserving
its confidentiality, the requested competent authority will
inform the requesting competent authority accordingly, after
which the latter may decide as to whether it will be
acceptable to execute the request under such conditions.
(7) The requested competent authority will, at its earliest
convenience, inform the requesting competent authority about
the results of the execution of the request.
Article 8
LIMITATIONS RELATING TO THE USE OF INFORMATION, DOCUMENTS AND
PERSONAL DATA
(1) Each competent authority will ensure the confidentiality of
information, documents and personal data received from the
other competent authority, if they are restricted or the
latter competent authority disapproves of its disclosure.
The degree of such a restriction is to be determined by the
providing competent authority.
(2) Information, documents and personal data received in
accordance with this Memorandum of Understanding are not to
be used without the consent of the providing competent
authority for purposes other than those for which they were
requested and provided.
(3) In order to share information, documents and personal data
received by a competent authority in accordance with this
Memorandum of Understanding with a third party, the prior
consent of the providing competent authority is required.
Article 9
EXPENSES
Ordinary expenses incurred in processing a request in terms of
this Memorandum of Understanding will be borne by the requested
Party, unless otherwise agreed upon by the Parties. Should the
request involve high or extraordinary expenses, the Parties will
consult each other in order to establish the terms and
conditions under which the request is to be processed, and the
way in which the expenses are to be borne.
Article 10
LANGUAGE
The competent authorities, in the course of their cooperation in
accordance with this Memorandum of Understanding, will use
English as the medium of communication.
Article 11
MEETINGS AND CONSULTATIONS
The representatives of the competent authorities will, when
necessary, have meetings and consultations with a view to
discussing and improving cooperation in accordance with this
Memorandum of Understanding.
Article 12
SETTLEMENT OF DISPUTES
Any dispute arising out of the interpretation or implementation
of this Memorandum of Understanding will be settled amicably
through consultation or negotiation between the Parties.
Article 13
ENTRY INTO FORCE, TERMINATION AND AMENDMENT
(1) This Memorandum of Understanding will enter into effect on
the date of signature thereof.
(2) This Memorandum of Understanding will remain in effect until
terminated by either Party giving six months written
notification in advance to the other Party of its intention
to terminate it.
(3) This Memorandum of Understanding may be amended by mutual
consultation between the Parties.
IN WITNESS WHEREOF the undersigned, have signed this Memorandum
of Understanding in two originals in the Chinese and English
languages. In case of divergence between the texts, the English
text will prevail.
Done at Pretoria on this 21st day of February in this year 2003.
__________________ __________________
FOR THE TAIPEI FOR THE LIAISON
LIAISON OFFICE IN OFFICE OF THE
THE REPUBLIC OF REPUBLIC OF
SOUTH AFRICA SOUTH AFRICA IN
TAIPEI