The ANTI-MONEY LAUNDERING DIVISION, INVESTIGATION BUREAU,
MINISTRY of JUSTICE, REPUBLIC of CHINA (TAIWAN) and the
FINANCIAL INTELLIGENCE SERVICE, FINANCIAL INVESTIGATION UNIT,
GUERNSEY BORDER AGENCY, hereinafter referred to as “ the
Participants ”, desire, in a spirit of cooperation and mutual
interest, on the basis of reciprocity and within the framework
of each Participant ’ s legislation, to facilitate the exchange
of information on money laundering, terrorism financing, and
related criminal activity.
To that end, the Participants have reached the following
1. Scope of Cooperation:
(a) The Participants will cooperate by providing the widest
possible range of information and intelligence to each
other, on the basis of reciprocity, spontaneously or upon
request, which may assist in the investigation and
prosecution of persons suspected of having engaged in money
laundering, terrorism financing and related criminal
(b) The cooperation and exchange of information between the
Participants will take place in accordance with the domestic
legal systems and this Memorandum of Understanding
(hereinafter referred to as “ MOU ” ). The Participants
will provide to each other prior to the making of this MOU,
a summary of the relevant domestic law which governs the
cooperation and exchange of information and the use and
onward disclosure of that information.
2. Requests for Financial Intelligence:
(a) Each request shall be accompanied by:
(i) reason for request,
(ii) a brief statement of the relevant facts known,
(iii) all available identifying data,
(iv) information concerning suspected crimes, charges, if any,
and the stage of the investigation,
(v) how the information sought will be used, including which,
if any, of the law enforcement agencies or other public
authorities in the country of the requesting Participant
will be given access to the information and the reasons
for providing the information to that agency or authority.
(b) The requested Participant may request additional information
from requesting Participant whenever necessary in order to
comply with the request or to expedite compliance.
(c) Any request for information, intelligence, refusal,
termination, etc. must be made in written form.
3. Use of Information:
(a) The Participants will not use the provided information for
other purposes than those stated in this MOU or set forth in
a request and accepted by the Participant providing the
information without the express prior consent of the
(b) Use of information supplied either spontaneously, or in
response to a request made under this MOU, is subject to the
limitation that, without the express prior consent of the
providing Participant, the receiving Participant:
(i) may use such information only in respect of criminal
matters described in the request (in the case of a
request) and only for intelligence purposes (including
developing leads and focusing investigative resources or
mitigating the consequences of such criminality); and
(ii) will not use such information as evidence in any
(c) Subject to 3(d), a receiving Participant shall not disclose
the information to any third parties (except as set forth in
a request for information) without the express prior consent
of the providing Participant.
(d) If a Participant is subject to legal process or proceedings
that would require the disclosure of information it has
received from the other Participant, the Participant subject
to such process or proceedings will immediately notify and
seek the express consent of the other Participant to
disclose the information, and if consent has not been
provided, reasonable efforts will be taken to ensure that
the information will not be disseminated to any third party
or that appropriate limitations are placed upon the
(e) The providing Participant may make reasonable enquiries as
to the use made of information provided and the receiving
Participant shall, whenever practicable, provide feedback.
When the receiving Participant is not able to obtain this
information, it should reply stating the reasons why the
requested feedback cannot be provided.
(a) The information exchanged is confidential. All information
exchanged by Participants must be subjected to strict
controls and safeguards to ensure that the information is
used only in an authorised manner, consistent with national
provisions on privacy and data protection. At an absolute
minimum, exchanged information must be treated as protected
by the same confidentiality provisions as apply to similar
information from domestic sources obtained by the receiving
(b) The commitments concerning confidentiality under this MOU
shall continue to bind the Participants notwithstanding the
termination of this MOU.
5. Capacity Building:
In addition to exchange of financial intelligence, the
Participants may cooperate in other ways. This may include
the exchange of general information, case working meetings
regarding money laundering or terrorist financing and other
criminal activities related to money laundering, including
analysis of financial data and exchange of studies, research
and information on current, new and emerging trends and
typologies in money laundering.
Requests may be refused if assistance would be contrary to
the domestic legal system or against the sovereignty,
security, national interest or international agreements. The
requesting Participant shall be informed of the reason for
7. Language of Requests:
Communication between the Participants will take place in
8. Maintenance and Audit Trail of Supplied Information:
Each of the Participants will ensure that an effective audit
trail is maintained in respect of any information supplied
under the terms of this MOU. All information supplied by
whatever means, shall be stored in a manner that ensures
security of information from any person not having
justifiable need to access. Information must be disposed of
appropriately, having due recognition of sensitivity when no
longer of value.
Each of the Participants will jointly arrange, consistent
with the legislation of their respective countries, for
acceptable procedures of communication and will consult with
each other with the purpose of implementing this MOU.
10. Dispute Settlement:
(a) The Participants shall work in the spirit of openness,
transparency and consultation to achieve the objective of
(b) In the event of any disagreement, controversy or dispute
arising under this MOU, the Participants shall endeavour,
where possible, to settle such dispute amicably through
dialogue and consultation.
(c) Notwithstanding the above process this shall not override
the conditions laid down in Paragraph 11 (b) and (c).
11. Effective Date; Amendment; Termination:
(a) This MOU will become effective upon the date of signature by
the Participants and will remain in force for an indefinite
(b) This MOU may be amended at any time, in writing, as mutually
agreed by the Participants.
(c) Either Participant may terminate this MOU by 30 days notice
in writing to the other Participant.
IN WITNESS WHEREOF, the undersigned, being duly authorized
thereto by their respective Governments, have signed this MOU.
Signed at Bridgetown, Barbados on this 11 of June, 2015, in
duplicate in the English language, this English version being
the agreed authentic text and each Participant takes the
responsibility for translation into any other language.
THE ANTI-MONEY THE FINANCIAL
BUREAU, MINISTRY INVESTIGATION
OF JUSTICE, UNIT, GUERNSEY
REPUBLIC OF BORDER AGENCY
Su-Hua (Pam) FENG Phil Hunkin
Director of Head of Financial
Anti-Money Investigation Unit