The Anti-Money Laundering Division, Investigation Bureau,
Ministry of Justice, Republic of China (Taiwan) and the
Financial Intelligence Unit of Sint Maarten (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 or prosecutions 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, with the purpose of fostering said
information exchange to the fullest extent possible, have
reached the following understanding:

Objective
To set out the framework whereby the Authorities, to the full
extent allowed by the laws of their respective countries, will
provide to each other information that they have reasonable
grounds to suspect would be relevant to investigations or
prosecutions concerning financial transactions suspected of
being related to money laundering or criminal activities related
to money laundering, terrorist financing and related crimes.

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
available information in its possession, that it has access
to, or that it is authorized by law to collect concerning
financial transactions that are suspected of being related to
money laundering, terrorist financing, or related crimes, or
that may be relevant to the investigation or prosecution 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 such
as the suspected illegal activity being investigated, the
identity of the suspected offenders and the reasons for
believing the relevant information will be with the other
party.

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 relevant to the investigation or prosecution of
money laundering, terrorist financing or related crimes
and will be used strictly for intelligence purposes. 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,
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 requesting Authority uses
information received from the other Authority 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 requesting
Authority will immediately and to the extent permitted
under its national legislation inform the other Authority
of said legal action or disclosure.
(b). The requesting Authority shall not disclose information
received from the other Authority to parties or for
purposes not identified in the request without the prior
written consent of the other Authority other than to
obtain information in order to respond to request.

Compelled Disclosure
4(a). If a requesting 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 and seek the
written consent of the other Authority to disclose
information.
(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.
(c). The Authorities are under no obligation to give assistance
if they determine that the release of the information or
documents requested may unduly prejudice an investigation
or proceeding in the country of the requested Authority,
or if judicial proceedings have already been initiated
concerning the same fact(s) as the request is related to,
or if provision of such information would likely prejudice
the sovereignty, security, national interest or other
essential interest of the requested Authority.

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 of Understanding (hereinafter
referred to as “ MOU ” )and treated with the strictest
confidence. Exchanged information will be protected by the
same level of confidentiality as provided by the legislation
of the country of the requesting Authority for similar
information obtained from domestic sources.

Limitations
6. Nothing in this MOU 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 requested Authority. If
an Authority decides not to accede to a request, that
Authority 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 MOU should be
confirmed in writing.

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

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

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

Term and Termination
11. This MOU will become effective upon the date of signature by
the Authorities.

12. This MOU is revocable at any time. The termination will
become effective as of the receipt by an Authority 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 MOU and without the consent of the other Authority, the
other Authority may terminate this MOU immediately by any
means of communication. Oral termination should at all times
be confirmed in writing. The terms and conditions of this
MOU dealing with the confidentiality of information received
prior to the termination of this MOU will remain in force
after the termination of this MOU.

In witness whereof, the undersigned, being duly authorized by
their respective Authorities, have signed this MOU.

Signed in Lima, Peru, on this 5th of June, 2014, in duplicate
copies in the English language, this English version being the
agreed authentic text and each Authority takes the
responsibility for establishing any translation into their own
language.


FOR THE FOR THE FINANCIAL
ANTI-MONEY INTELLIGENCE
LAUNDERING UNIT OF SINT
DIVISION, MAARTEN
INVESTIGATION
BUREAU, MINISTRY
OF JUSTICE,
REPUBLIC OF
CHINA (TAIWAN)

__________________ __________________
Name: Name:
Su Hua (Pam) Feng Ligia M.I. Stella

Title: Title:
Acting Director Director