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MEMORANDUM OF UNDERSTANDING BETWEEN THE MONEY LAUNDERING PREVENTION CENTER, INVESTIGATION BUREAU, MINISTRY OF JUSTICE, REPUBLIC OF CHINA (TAIWAN) AND THE OFFICE FOR PREVENTION OF MONEY LAUNDERING AND FINANCING TERRORISM (FIU-MACEDONIA) CONCERNING COOPERATION IN THE EXCHANGE OF FINANCIAL INTELLIGENLE RELATED TO MONEY LAUNDERING AND FINANCING OF TERRORISM
1.Signed on October 31 and October 16, 2008; Entered into force on October 31, 2008.
The Money Laundering Prevention Center, Investigation Bureau,
Ministry of Justice, Republic Of China (Taiwan), and the Office
for Prevention of Money Laundering and Financing Terrorism
(FIU-Macedonia), hereinafter referred to 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 prevention and detection of money laundering
and also to facilitate the analysis and investigation of persons
or companies suspected of criminal activity related to money
laundering and/or financing of terrorism.
To those ends, they have reached the understandings set forth
1.Scope of Cooperation
The Authorities will cooperate to exchange financial
intelligence, in the form of information or documents
concerning financial transactions suspected of being related
to money laundering or criminal activities connected with
money laundering and/or financing of terrorism. To that end,
the Authorities will exchange spontaneously or upon request
any available financial intelligence that may be relevant to
the investigation by the Authorities into financial
transactions related to money laundering and/or financing of
terrorism and the persons or companies involved.
2.Requests for Financial Intelligence
The requesting Authority should disclose to the requested
Authority at a minimum the reason for the request, the purpose
for which the information will be used and enough information
to enable the requested Authority to determine whether the
request complies with its domestic law.
3.Uses of Financial Intelligence
a.Financial intelligence exchanged between the Authorities may
be used only for the specific purpose for which the
financial information was sought or provided.
b.The receiving Authority may not transfer financial
intelligence shared by a disclosing Authority to a third
party, nor make use of the financial intelligence for
investigative, prosecutorial or judicial purposes, without
the prior consent of the disclosing Authority.
c.It is understood that information obtained in accordance
with this Memorandum can be used in justice only when
related to money laundering originating from predicate
offences and/or related to financing of terrorism as
provided by the national legislation of the respective
4.Confidentiality of Financial Intelligence
The financial intelligence acquired in application of this
Memorandum and the fact that the information was provided
should be kept confidential. It should be protected by at
least the same confidentiality as provided by the national
legislation of the receiving Authority for similar information
from national sources.
5.Refusal of Providing Financial Intelligence
The Authorities are under no obligation to give assistance if
judicial proceedings have already been initiated concerning
the same facts as the request is related to.
6.Working Meetings and Consultations
If necessary, the representative of the Authorities will hold
working meetings and consultations in order to discuss how to
reinforce the cooperation within this Memorandum, and make it
7.Communication between the Authorities
Communication between the Authorities shall as far as possible
take place in English.
8.Effective date; Amendment; Termination
a.This Memorandum will become effective upon signature by the
b.This Memorandum may be amended at any time, in writing, as
mutually arranged by the Authorities.
c.Either Authority may terminate this Memorandum of
Understanding by 3 months' notice in writing to the other
d.Notwithstanding, the termination of this Memorandum of
Understanding, the confidential provision refer to in
Article 4, shall remain in application.
IN WITNESS WHEREOF, the undersigned have signed this Memorandum
at Taipei on 31st day of October 2008 in the English language.
Yu-Yi Chou Vane Cvetanov
Money Laundering Prevention The Office for Prevention of
Center Money Laundering and Financing
Ministry of Justice Terrorism (FIU-Macedonia)
Republic of China(Taiwan)