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1.Signed on August 07, 2019 Entered into force on June 05, 2021
The Government of the Republic of China (Taiwan) and the
Government of the Republic of Nauru (hereinafter referred to
individually as a "Party" and collectively as the "Parties"),
desiring to improve the effective cooperation of the law
enforcement authorities of the states represented by either
Party through mutual legal assistance in criminal matters on the
basis of mutual respect, reciprocity, and mutual benefit, have
agreed as follows:

Article 1 Scope of Assistance
1. The Parties shall provide mutual assistance through the
relevant authorities, in accordance with the provisions of
this Treaty, in connection with the investigation,
prosecution, court proceedings and prevention of offenses and
in proceedings related to criminal matters.
2. Assistance shall include:
(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;
(f) examining objects and sites;
(g) assisting in proceedings related to immobilization and
confiscation of assets or collection of fines; and
(h) any other form of assistance not contrary to the laws of the
Requested Party.
3. This Treaty is intended solely for mutual legal assistance
between the Parties, and shall not give rise to a right on
the part of any private person to obtain, suppress, or
exclude any evidence, or to impede the execution of a

Article 2 Central Authorities
1. The Central Authority of the Parties are:
(a) on behalf of the Government of the Republic of China
(Taiwan), the Ministry of Justice or persons designated by
the Ministry of Justice;
(b) on behalf of the Government of the Republic of Nauru, the
Ministry of Justice and Border Control or persons designated
by the Ministry of Justice and Border Control.
2. The Central Authorities shall directly communicate with one
another for the purpose of this Treaty.

Article 3 Limitations on Assistance
1. The Central Authority of the Requested Party may deny
assistance if:
(a) the request relates to a political offence;
(b) the request relates to an offense under military law that
would not be an offense under ordinary criminal law;
(c) the execution of the request would prejudice the security,
public order, or similar essential interests of the
Requested Party;
(d) the request is not made in conformity with this Treaty;
(e) the request is made pursuant to Article 14 or Article 16 and
relates to conduct which, if committed in the Requested
Party, would not be an offense in that State; or
(f) Assistance may be postponed if the immediate execution of
the request would interfere with an ongoing investigation,
prosecution or criminal proceedings in the Requested Party.
2. Before denying assistance pursuant to paragraph 1 of this
Article, the Requested Party shall consult with the
Requesting Party on certain additional conditions it deems
necessary for such assistance to be provided. If the
Requesting Party accepts such additional conditions, no
assistance will be provided by the Requested Party before
such conditions are met.
3. If the Requested Party denies assistance, it shall inform the
Requesting Party of the reasons for such denial.

Article 4 Form and Contents of Requests
1. A request for assistance shall be in writing. The Requested
Party may accept a request in other forms in urgent
circumstances or any other situations agreed by the Parties
in advance. In any such cases, the request shall be confirmed
in writing within ten days thereafter unless the Requested
Party agrees otherwise. The request shall be in the language
used in the Requested Party unless otherwise agreed.
2. The request shall include the following:
(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 offenses that relate to the matter and any
punishment that might be imposed for each offense;
(c) a description of the evidence, information, or other
assistance sought;
(d) a description of the purpose for which the evidence,
information, or other assistance is sought; and
(e) the name and address of the person to be served, where
3. To the extent necessary and possible, a request shall 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
be located;
(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 or a defendant;
(g) a description of any particular procedure to be followed in
executing the request;
(h) any other information that may be brought to the attention
of the Requested Party to facilitate its execution of the
4. If the Requested Party considers the contents contained in
the request not sufficient to enable the request to be dealt
with, it may request additional information.
5. No form of certification or authentication shall be required
for a request for assistance or its supporting documents.

Article 5 Execution of Requests
1. The Central Authority of the Requested Party shall promptly
execute the request or, when appropriate, transmit it to
relevant authorities for execution. The executing authorities
of the Requested Party shall do everything in their power to
execute the request.
2. The Requested Party shall make all necessary arrangements for
and meet the costs of the representation of the Requesting
Party in the Requested Party in any proceedings arising out
of a request for assistance.
3. Requests shall be executed in accordance with the laws of the
Requested Party except to the extent that this Treaty
provides otherwise. However, the method of execution
specified in the request shall be followed except insofar as
it is contrary to the laws of the Requested Party.
4. If the Requested Party determines that execution of a request
would interfere with an ongoing criminal investigation,
prosecution, or proceeding in the Requested Party, it may
postpone such execution, or set necessary additional
conditions for such execution after consultations with the
Requesting Party. If the Requesting Party accepts such
additional conditions, relevant authorities in the Party
represented by it shall comply with the conditions.
5. The Requested Party shall make their best efforts to keep any
request and its contents confidential if confidentiality is
requested by the Requesting Party. If any such request could
not be executed without breaching such confidentiality, the
Requested Party shall inform the Requesting Party of such
situation. The Requesting Party shall then determine whether
to proceed such request.
6. The Requested Party shall respond to reasonable inquiries
made by the Requesting Party concerning the progress of the
execution of any request.
7. The Requested Party shall promptly inform the Requesting
Party of any result of the execution of the request. If the
request is denied, the Requested Party shall inform the
Requesting Party of the reasons for the denial in writing.

Article 6 Costs
1. The Requested Party shall pay the costs relating to the
execution of the request, but the Requesting Party shall
(a) the allowances or expenses for the travel of persons under
Article 10 of this Treaty in accordance with the regulations
of the Requesting Party;
(b) the allowances or expenses for persons to travel to and from
and stay in the territory of the Requested Party under
Article 8.(3) of this Treaty;
(c) the costs of establishing and operating video conferencing
or television links and the interpretation and transcription
of such proceedings pursuant to Article 11 of this Treaty;
(d) the expenses and fees of expert witness;
(e) the costs of translation, interpretation, and transcription;
(f) the allowances or expenses to which a person asked to appear
in the Requesting Party shall be entitled.
2. If it becomes apparent that the execution of the request
would require expenses of an extraordinary nature, the
Parties shall consult to determine the terms and conditions
under which such request could be executed.

Article 7 Limitations on Use
1. The Requesting Party shall not use the information or
evidence obtained pursuant to this Treaty for purposes other
than those specified in the request without the previous
written consent of the Requested Party. The authorities of
the Requesting Party shall comply with any conditions imposed
in the further use of the information or evidence.
2. The Requested Party may request that information or evidence
furnished under this Treaty be kept confidential or be used
only subject to terms and conditions it may specify. If the
Requesting Party accepts the information or evidence subject
to such conditions, the Requesting Party shall make their
best efforts to comply with the conditions.
3. Information or evidence that has been made public in the
Requesting Party in accordance with paragraphs 1 or 2 may
thereafter be used for any purpose.

Article 8 Testimony or Evidence in the Requested Party
1. A person in the territory of the Requested Party from whom
evidence is requested pursuant to this Treaty shall be
compelled, if necessary, to appear and testify or produce
items, including documents, records, and articles of
evidence. A person, who gives false testimony or statement,
either orally or in writing, in execution of a request, shall
be subject to prosecution and punishment in the Requested
Party in accordance with its criminal laws.
2. Upon request, the Requested Party shall furnish information
in advance about the date and place of the taking of the
testimony or evidence pursuant to this Article.
3. The Requested Party shall permit the presence of such persons
as specified in the request during the execution of the
request, and shall allow such persons to pose questions to
the person giving the testimony or evidence and to make a
verbatim transcript in a manner agreed to by the Requested
4. If the person referred to in paragraph 1 asserts a claim of
immunity, incapacity, or privilege under the laws of the
Requesting Party, the evidence, including all items
requested, shall nonetheless be taken and the claim made
known to the Requesting Party for resolution.

Article 9 Records of the States
1. The Requested Party shall provide, as requested, the
Requesting Party with copies of publicly available records,
including documents or information in any form, in the
possession of departments and agencies of the Requested
2. The Requested Party may provide requested copies of any
documents, records, or information which are in the
possession of a department or agency, but which are not
publicly available, to the same extent and under the same
conditions as such copies would be available to the law
enforcement or judicial authorities of the Requested Party.
The Requested Party may in its discretion deny a request
pursuant to this paragraph entirely or in part.

Article 10 Attendance of Persons in the Requesting Party
1. When the Requesting Party requests the appearance of a person
in the territory of the Requesting Party, the Requested Party
shall invite the person to appear before the appropriate
authority in the Requesting Party. The Requesting Party shall
indicate the extent to which the expenses shall be paid. The
Requested Party shall promptly inform the Requesting Party of
the response of the person.
2. A person who consents to provide assistance pursuant to the
preceding paragraph of this Article:
(a) shall not be prosecuted, detained, subject to service of
process or of any other restriction of personal liberty in
the territory of the Requesting Party for any acts,
omissions or convictions which preceded such person's entry
into the Requesting Party;
(b) shall not be obliged to give evidence or assist in any
investigation, prosecution, or proceeding other than that to
which the request relates except with the prior consent of
the Requested Party and such person; and
(c) shall not be subject to prosecution based on his testimony
except that such person shall be subject to charges for
contempt or perjury.
3. The person whose presence is requested may decline to comply
with the request if the Requesting Party does not grant such
4. The assurances provided for by paragraph 2 of this Article
shall cease seven days after the Requesting Party has
notified the Requested Party that the person's presence is no
longer required, or when the person, having left the
Requesting Party, voluntarily returns. The Requesting Party
may, in its discretion, extend this period up to fifteen days
if it determines that there is good cause to do so.

Article 11 Examining Witness by Video Conference
1. A person within the territory of the Requested Party may give
evidence in proceedings in the Requesting Party by video
2. Where a witness is to be examined by video conference, the
procedures shall be conducted before an appropriate authority
in the Requested Party.
3. The examining shall be supervised by a competent authority of
the Requesting Party and evidence shall be given:
(a) in accordance with the domestic laws of the Requesting
Party, taking into account the formalities and the
procedures set out by the Requested Party; and
(b) in accordance with any other measures for the protection of
the witness which have been agreed between the Parties.
4. At the examining procedure, the appropriate authority of the
Requested Party shall be responsible for:
(a) ensuring there is appropriate interpretation of proceedings;
(b) establishing the identity of the witness;
(c) intervening, where necessary, to safeguard the rights of the
(d) drawing up a record of the examining which shall include the
following information:
i. the date and place of the hearing;
ii. the identity of the person heard;
iii. the identities and functions of anyone else
participating in the hearing;
iv. details of any oaths taken; and the technical conditions
under which the examining took place; and
(e) transmitting the record of the examining as referred to in
this Article as soon as is practicable after the conclusion
of the examining.

Article 12 Location or Identification of Persons or Items
If the Requesting Party seeks the location or identity of
persons or items in the Requested Party, the Requested Party
shall make their best efforts to ascertain the location or

Article 13 Service of Documents
1. The Requested Party shall make their best efforts to effect
service of any document relating, in whole or in part, to any
request for assistance made by the Requesting Party.
2. The Requesting Party shall transmit any request for the
service of a document requiring the appearance of a person
before an authority in the Requesting Party a reasonable time
before the scheduled appearance.
3. The Requested Party shall return a proof of service in the
manner specified in the request.

Article 14 Search and Seizure
1. The Requested Party shall obtain the execution of a request
for the search, seizure, and delivery of any item to the
Requesting Party if the request includes the information
justifying such action under the laws of the Requested Party.
2. The Requested Party shall provide such information as may be
required by the Requesting Party concerning the result of any
search, the place of seizure, the circumstances of seizure
and the subsequent custody of the evidence seized.

Article 15 Return of Items
The Requested Party may require that the Requesting Party return
any items, including documents, records, or articles of
evidence, furnished to it in execution of a request under this
Treaty as soon as possible.

Article 16 Exchange of Criminal Records
Each Party shall inform the other Party of any criminal
convictions and subsequent measures recorded in respect of
citizens in custody of the other Party.

Article 17 Restraint, Forfeiture and Confiscation of Property
1. The Parties shall assist each other in proceedings involving
the identification, tracing, restraint, seizure and
confiscation of the proceeds and instrumentalities of crime
in accordance with the domestic laws of the Requested Party.
This may include action to immobilize temporarily the
proceeds or instrumentalities pending further proceedings.
2. In addition to the provisions contained in Article 4 of this
Treaty, a request for assistance in restraint or confiscation
proceedings shall also include:
(a) details of the property in relation to which cooperation is
(b) the location of the property and its connection with the
subjects of the request;
(c) the connection, if any, between the property and the
offences; and
(d) a true copy of the restraint or confiscation order made by
the competent authority and statement of the grounds on
which the order was made, if they are not indicated in the
order itself.

Article 18 Third Party
1. As to the search and seizure set out under Article 14 of this
Treaty, the Requested Party may require the Requesting
Party's agreement to the terms and conditions deemed
necessary to protect third party's interests over the items
to be transferred.
2. In the case of assisting restraint or confiscation of
proceedings set out under Article 17 of this Treaty, details
of any third party's interests in the property shall be
included in the request.
3. With respect to asset sharing set out under Article 19 of
this Treaty, not only the right of victims may take
precedence over asset sharing between the Parties but also
the rights claimed by bona fide third parties over these
assets shall be respected as well.

Article 19 Asset Sharing
1. Assistance offered based on Article l(2)(g) of this Treaty
provides that the Requested Party may make a request for
asset sharing to the other Party of which such assistance
materially led, or is expected to lead, to confiscation.
2. A request for asset sharing shall be made no later than one
year from the date of final confiscation was made, unless
otherwise agreed between the Parties.
3. The Requesting Party shall determine the proportion of the
assets to be shared in accordance with the extent of the
assistances afforded by the Requested Party unless the value
of the realized assets or the assistance rendered by the
Requited Party is de minimis.
4. In appropriate cases where there are identifiable victims,
consideration of the rights of victims shall take precedence
over asset sharing between the Parties.

Article 20 Compatibility with Other Agreements
Assistance and procedures set forth in this Treaty shall not
prevent either of the Parties from granting assistance to the
other Party through the provisions of other applicable
agreements, or through the provisions of the laws applicable of
the Parties. The Parties may also provide assistance pursuant to
any arrangement, agreement, or practice which may be applicable.

Article 21 Consultation
The Central Authorities of the Parties shall consult, at times
mutually agreed to by them, to promote the most effective use of
this Treaty. The Central Authorities may also agree on such
practical measures as may be necessary to facilitate the
implementation of this Treaty.

Article 22 Entry into Force; Amendment and Termination
1. This Treaty shall enter into force on the thirtieth day after
the date of the last notification on the fulfillment by the
Parties of their internal procedures necessary for its entry
into force. Such notification shall be made in writing.
2. This Treaty applies to any request presented after its entry
into force even if the relevant offenses occurred before this
Treaty enters into force.
3. This Treaty may be amended by the mutual consent of the
Parties. The amendments shall enter into force in accordance
with the procedure set out in paragraph 1 of this Article.
4. Either Party may terminate this Treaty by means of written
notice to the other Party. Termination shall enter into force
six months following the date of receipt of such
5. If either Party gives a termination notice, cooperation and
assistance in accordance with this Treaty shall continue or
information provided, for requests submitted before the
effective date of notification until the Requesting Party
terminates the requested assistance. In the event of the
termination of this Treaty, information, documents or items
of evidence obtained under this Treaty shall continue to be
treated confidentially in the manner prescribed under Article
7.(2) of this Treaty.

IN WITNESS WHEREOF, the undersigned, being duly authorized by
their respective Governments, have signed this Treaty.

DONE IN DUPLICATE, on this 7th day of August,2019 in the City of
Taipei in the Chinese and English languages, both texts being
equally authentic.


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Ching-Hsiang Tsai Hon. David Adeang
Minister of Justice Minister of Justice and Border