The Taipei Liaison Office in the Republic of South Africa and
the South African Liaison Office in Taipei( “ hereinafter
jointly referred to as “ the Parties ” and in the singular as
“ a Party ” );
DESIRING to improve the effectiveness of the law enforcement
authorities in the investigation, prosecution and prevention of
crime through co-operation and mutual legal assistance in
NOTING that the domestic laws applicable in the jurisdictions of
the Parties provide for international mutual legal assistance;
HAVE REACHED the following understandings:
Competent Authorities and Co-operation
(1) The Competent Authorities responsible for the implementation
of this Arrangement will be –
(a) on behalf of the Taipei Liaison Office in the Republic of
South Africa, the Ministry of Justice;
(b) on behalf of the South African Liaison Office in Taipei,
the Department of Justice and Constitutional Development.
(2) The Competent Authorities will use their best efforts to
co-operate in accordance with the provisions of this
Arrangement, acting in their respective jurisdictions and
subject to the applicable domestic law.
Areas of Co-operations
(1) The Competent Authorities will endeavour to promote the
development of co-operation in the criminal investigation
and prosecution of crimes committed within the respective
jurisdictions in the following areas:
(a) Taking the testimony or statements of persons;
(b) providing documents, records and articles of evidence;
(c) locating or identifying persons;
(d) serving documents;
(e) executing requests for searches and seizures for the
purpose of securing evidence; and
(f) any other form of assistance not prohibited by the
domestic law applicable to the Parties.
(2) This Arrangement does not apply to extradition.
Requests for Assistance
(1) A request for assistance must be made in writing, but the
requested Competent Authority may accept a request directly
or in another form in emergency situations. In such a case,
the request must be confirmed in writing within ten (10)
days thereafter unless the requested Competent Authority of
the requested Party agrees otherwise.
(2) The request must include –
(a) the name of the authority conducting the investigation,
prosecution, or proceeding to which the request relates;
(b) a description of the subject matter and nature of the
investigation, prosecution or proceeding, including the
specific criminal offences which relate to the matter;
(c) a description of the evidence, information or other
assistance sought; and
(d) a statement of the purpose for which the evidence,
information or other assistance is sought.
(3) To the extent necessary and possible, a request must also
(a) information on the identity and location of any person
from whom evidence is sought;
(b) information on the identity and location of a person to be
served, that person ’ s relationship to the proceedings,
and the manner in which service is to be made;
(c) information on the identity and whereabouts of a person to
(d) a precise description of the place or person to be
searched and of the articles to be seized;
(e) a description of the manner in which any testimony or
statement is to be taken and recorded;
(f) a list of questions to be asked of a witness;
(g) a description of any particular procedure to be followed
in executing the request;
(h) information as to the allowances and expenses to which a
person asked to appear in the jurisdiction applicable to
the requested Competent Authority will be entitled;
(i) any requirements for confidentiality and the reasons
(j) a judicial order or court order, as may be applicable, or
a certified copy thereof, which is to be enforced and a
statement that such order is final; and
(k) any other information which may be brought to the
attention of the requested Competent Authority to
facilitate its execution of the request.
Execution of Requests
(1) The requested Competent Authority must endeavour to execute
all requests promptly and fully.
(2) The requesting Competent Authority must be notified
immediately of any circumstances hampering the execution of
the request or causing considerable delay in its execution.
(3) If the execution of the request does not fall within the
competence of the requested Competent Authority, it must
promptly notify the requesting Competent Authority
(4) The requested Competent Authority may request such further
information as it deems necessary to duly execute the
(5) If the requested Competent Authority considers that the
immediate execution of the request may hamper criminal
prosecution, other proceedings or investigations being
carried out in the relevant jurisdiction, it may suspend the
execution of the request or allow the execution under
conditions which were set as necessary after consultations
with the requesting Competent Authority. If the requesting
Competent Authority agrees to receive assistance under the
suggested conditions, it must comply with these conditions.
(6) On the receipt of the applications made by the requesting
Competent Authority, the requested Competent Authority must
endeavour to ensure the confidentiality of the fact that the
request was made, its contents and annexed documents, as
well as the fact of providing assistance. If it is not
possible to execute the request without preserving its
confidentiality, the requested Competent Authority will
inform the requesting Competent Authority accordingly, after
which the latter may decide as to whether it will be
acceptable to execute the request under such conditions.
(7) The requested Competent Authority must, at its earliest
convenience, inform the requesting Competent Authority about
the results of the execution of the request.
Refusal of Assistance
(1) Envisaged assistance undertaken in terms of this Arrangement
may be refused wholly or partially, if the requested
Competent Authority deems the execution of the request to be
detrimental to the security, public order or other essential
interests of the jurisdiction represented by it, or deems it
to be in conflict with the domestic law or international
obligations applicable to such jurisdiction.
(2) Assistance may be refused by the requested Competent
Authority if the act in relation to which the request was
forwarded is not punishable under the domestic law
applicable to the jurisdiction represented by it.
(3) Assistance may also be refused if execution of the request
imposes an excessive burden on the resources of the
requested Competent Authority.
(4) Should it be possible, the requested Competent Authority may
before taking a decision to refuse the assistance requested
in accordance with sub-Articles (1), (2)and(3), consult with
the requesting Competent Authority in order to establish
whether the assistance may be granted on the conditions
which the requested Competent Authority may impose. If the
requesting Competent Authority agrees to receive assistance
under the suggested conditions, it must comply with these
(5) The requesting Competent Authority should be notified in
writing about full or partial refusal to execute the request
together with an explanation of the reasons for such
Limitations Relating to the Use of Information, Documents and
(1) Each Competent Authority must endeavour to ensure the
confidentiality of information, documents and personal data
received from the other Competent Authority, if they are
restricted or the other Competent Authority disapproves of
its disclosure. The degree of such a restriction is to be
determined by the providing Competent Authority.
(2) Information, documents and personal data received in
accordance with this Arrangement are not to be used without
the consent of the providing Competent Authority for
purposes other than those for which they were requested and
(3) In order to share information, documents and personal data
received by a Competent Authority in accordance with this
Arrangement with a third party, the prior consent of the
providing Competent Authority is required.
The Competent Authorities responsible for the implementation of
this Arrangement referred to in Article 1 may directly
communicate or consult with each other.
Ordinary expenses incurred in processing a request in terms of
this Arrangement must be borne by the requested Competent
Authority, unless otherwise agreed upon between the Competent
Authorities. Should the request involve high or extraordinary
expenses, the Parties must consult with each other in order to
establish the terms and conditions under which the request is to
be processed, and the way in which the expenses are to be borne.
The Competent Authorities, in the course of their co-operation
in accordance with this Arrangement must use English or Chinese
as the medium of communication.
The Parties may consult on any matter arising from the
implementation or interpretation of this Arrangement.
Entry into Effect and Termination
(1) This Arrangement will enter into effect on the date on which
the Parties have informed each other that they have complied
with their domestic legal procedures, the effective date
being the date of the last notification.
(2) This Arrangement will apply to any request presented after
its entry into effect even if the relevant offences occurred
before its entry into effect.
(3) This Arrangement may be terminated by either Party by giving
at least six (6) months ’ written notification in advance
to the other Party of such intention.
This Arrangement may be amended by mutual consent between the
Parties by means of an exchange of Notes.
SIGNED at Pretoria on this 24 day of July , 2013 in duplicate
in the Chinese and English languages, all texts being equally
Mr Pei-Yung Hsu Mr Nicolaas Sauer Schoombie
FOR THE TAIPEI LIAISON FOR THE SOUTH AFRICAN
OFFICE IN THE REPUBLIC LIAISON OFFICE IN TAIPEI
OF SOUTH AFRICA