The Republic of China (Taiwan) and the Republic of Panama
(hereinafter referred to as “ the Parties ” );
WHEREAS the efforts to hamper cross-border money laundering
require international cooperation;
WHEREAS the seizure and confiscation of funds derived from
criminal economic activities serve as a highly effective tactic
for combating organized crime;
WHEREAS cooperation among countries is required to deter related
criminal activities in accordance with the domestic laws of the
Parties and international law; and
In a spirit of cooperation and mutual interest, to facilitate
the investigation and prosecution of persons engaging in money
laundering, terrorism financing, and/or other related criminal
activities;
To that end, the Parties have reached the following
understanding:
Article 1.
The Parties shall cooperate to assemble, develop and analyze
information in their possession concerning financial
transactions suspected of involving money laundering, terrorism
financing or related criminal activities. To this end, the
Parties shall exchange, of their own accord or upon request,
available information that may be relevant to the investigation
of financial transactions by persons or enterprises suspected of
engaging in money laundering and/or terrorism financing. Any
request for information must be justified by a brief statement
of the underlying reasons.
Article 2.
The requesting Party shall provide the requested Party with the
reason(s) for the request so as to enable the requested Party to
determine whether the request complies with its domestic laws.
Article 3.
The Parties shall not use any information or documents obtained
from each other for purposes other than those stated in the
request nor release the above information or documents.
Information or documents obtained from either Party may neither
be disseminated to a third party nor be used for unrelated
administrative, prosecutorial or judicial purposes without prior
consent from the disclosing Party. Both Parties agree that all
information obtained through this Agreement shall be considered
a form of intelligence and, as such, only used to pursue justice
related to money laundering, terrorism financing, and related
crimes in accordance with the domestic laws of the requesting
Party.
Article 4.
The information acquired in application of this Agreement shall
be kept confidential and secret. The information shall be also
protected at least the same level of confidentiality as similar
information from domestic sources of the receiving Party in
accordance with its national legislation.
Article 5.
The Parties shall be under no obligation to offer assistance in
the event that the information requested is to be used in a
judicial proceeding already in progress.
Article 6.
The Parties shall jointly arrange, consistent with the domestic
legislation of their respective countries, acceptable
communication procedures and shall consult each other when
implementing this Agreement.
Article 7.
Communication between the Parties shall be conducted in English.
Article 8.
This Agreement shall become effective upon the date of signature
by the Parties and may be amended in writing at any time through
mutual consent. This Agreement may also be terminated at any
time and effective 30 days after the receipt of written
notification thereof by the requested Party. Notwithstanding the
termination of this Agreement, Article 4 shall forever remain in
effect.
IN WITNESS WHEREOF, the undersigned, being duly authorized by
their respective Governments, have signed this Agreement.
SIGNED at New Taipei City, Taiwan, on this date 25 of November,
2015, in duplicate, in the Chinese, Spanish and English
languages, each text being equally authentic. In case of
divergence in the interpretation of this Agreement, the English
text shall prevail.
FOR THE REPUBLIC OF CHINA FOR THE REPUBLIC OF PANAMA
(TAIWAN)
__________________________ __________________________
CHUNG-I (JOEY) WANG ALEXIS BETHANCOURT YAU
DIRECTOR GENERAL DIRECTOR GENERAL
INVESTIGATION BUREAU, THE NATIONAL ANTI-MONEY
MINISTRY OF JUSTICE, LAUNDERING COMMITTEE,
MINISTRY OF THE PRESIDENCY