The Anti-Money Laundering Division, Investigation Bureau,
Ministry of Justice, Republic of China (Taiwan) and the
Financial Intelligence Unit of Trinidad and Tobago (FIUTT)
(hereinafter referred to as “ the Authorities ” ), desire, in
a spirit of cooperation and mutual interest, and within the
framework of their respective national legislation to facilitate
the exchange of information in support of the investigation and
prosecution of persons suspected of money laundering, terrorist
financing and criminal activities related to money laundering
and terrorist financing.
To that end, the Authorities, with the purpose of fostering said
information exchange to the maximum extent possible, have
reached the following understanding:
1. The Authorities will cooperate to assemble, develop and
analyze information that they have reasonable grounds to
suspect would be relevant to the investigation or prosecution
of money laundering, terrorist financing or criminal
activities related to money laundering and terrorist
financing. To that end, the Authorities to the extent
authorized by the laws of its country and consistent with its
own policies and procedures, will exchange, spontaneously or
upon request, any available information that may be relevant
to the investigation or prosecution of money laundering,
terrorist financing or criminal activities related to money
laundering and terrorist financing.
2. Any request for information will be justified by a brief
statement of the underlying facts.
3. The information or documents obtained from the respective
Authorities, will not be disseminated to any third party
without prior consent of the disclosing Authority, nor be
used for administrative, prosecutorial or judicial purposes.
The Authorities understand that information exchanged in
accordance with the terms of this Memorandum of Understanding
(hereinafter referred to as “ MOU ” ), may only be used for
purposes relevant to the investigation or prosecution of
money laundering, terrorist financing or criminal activities
related to money laundering and terrorist financing.
4. The Authorities will not permit the use or release of any
information or document obtained from the respective
Authorities for purposes other than those stated in this MOU
without the prior consent of the disclosing Authority. If an
Authority is subject to legal process or proceedings that
would require the disclosure of information it has received
from the other Authority, the Authority subject to such
process or proceedings will immediately notify and seek the
expressed consent of the other Authority to disclose the
information. Whether or not consent has been reached,
reasonable efforts will be made to ensure that the
information will not be disseminated to any third party or
that appropriate limitations are placed upon the disclosure.
5. The information acquired through a request for information
pursuant to this MOU is confidential. It is subject to
official secrecy and is protected by at least the same
confidentiality as provided by the national legislation of
the receiving Authority for similar information from national
sources. Notwithstanding the termination of this MOU, this
provision shall remain in application.
6. Whenever an Authority has certain reasons not to respond to a
request, the Authority that received the request for
information will notify the requesting Authority of its
decision, giving the reasons justifying its own decision.
7. The Authorities will jointly arrange, consistent with the
legislation of their respective countries, for acceptable
procedures of communication and will consult each other with
the purpose of implementing this MOU.
8. Each Authority will ensure that an effective audit trail is
maintained in respect of any information supplied under the
terms of this MOU.
9. Communication between the Authorities shall take place in
10. The Authorities are under no obligation to give assistance
a. judicial proceedings have already been initiated concerning
the same facts as the request is related to;
b. that Authority determines that release of the information
or documents requested, may unduly prejudice an
investigation or proceeding in the country of the requested
c. provision of such information would be likely to prejudice
the sovereignty, security, national interest or other
essential interest of the country of the requested
11. This MOU may be amended at any time in writing by mutual
12. This MOU is revocable at any time. The termination will
become effective as of the receipt of the written
notification from the other Authority.
13. This MOU will become effective upon the date of signature by
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 in
the English language, this English version being the agreed
authentic text and each Authority takes the responsibility for
establishing translation into their own language.
Su-Hua (Pam) Feng Nigel Stoddard
ACTING DIRECTOR DEPUTY DIRECTOR
DIVISION, UNIT OF TRINIDAD
INVESTIGATION AND TOBAGO