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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 18:45
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Chapter Law Content

Chapter 2 Declaration, investigation, and settlement
Article 8
The political parties, affiliated organizations and trustee shall, within one year from the date that this Act becomes effective, declare to the CIPAS the followings assets:
1. The extant assets acquired by the political parties or affiliated organizations and the extant assets that have been delivered to, transferred to, or registered under, the trustee by the political parties or affiliated organizations, between August 15, 1945 and the date of promulgation of this Act.
2. The extant assets acquired by the political parties, affiliate organizations, trustee as prescribed in the preceding paragraph and not belonging to the political parties, affiliate organizations or trustee.
Assets as prescribed in the preceding paragraph to be declared are as follows:
1 Real property, vessels, cars and aircrafts;
2 Deposits, securities, foreign currencies, and other valuable property exceeding a prescribed value;
3 Creditors’ rights, debts and investments to various ventures exceeding the prescribed value.
The abovementioned certain values and other valuable properties as prescribed in the preceding paragraph shall be publicly announced by the CIPAS.
Abovementioned declarations as prescribed in the preceding paragraph1and 2 shall state sources, categories, the method of obtaining, the date of obtaining, change and quid pro quo of assets, and if there is a written contract, shall submit specific contract and related information; the formats shall be prescribed by the CIPAS.
The CIPAS may investigate and determine an organization as political parties’ affiliated organizations and trustee, and notify them to declare assets as prescribed in the preceding paragraph 1 within 4 months upon receiving the notice from the CIPAS.
Apart from receiving the declaration as prescribed in the preceding paragraph and paragraph 1, the CIPAS may also initiate investigation in relation to the sources, methods of acquisition, date of acquisition, change of and consideration for acquisitions of assets acquired by the political parties, affiliated organizations or its trustee.
Article 9
The presumed ill-gotten party assets as prescribed in the preceding paragraph 1 of Article 5 are prohibited from being transferred or disposed since from the date of promulgation of this Act. However, this limit is not applicable to any of the following circumstances:
1. When it is necessary to perform its legal duties or other justifiable reasons;
2. In conformity with the approval requirement and approved by the CIPAS.
For the situation as prescribed in the preceding paragraph subparagraph 1 after being transferred or disposed, shall make a list and submit to the CIPAS within 3 months.
Other justifiable reasons and approval requirement as prescribed in the preceding paragraph 1 shall be as separately prescribed by the CIPAS.
Assets prohibited from being transferred or disposed as prescribed in the preceding paragraph 1 if such registered according to law, the CIPAS may request the competent authority to process registration of restriction; if such deposits and securities are deposited or received by financial institutions, the CIPAS may request the financial institutions freeze related accounts; if such rightful claims of creditor, the CIPAS may notify debtor process lodgment for payment of debt to public lodgment office of place of performance court and submit the facts of lodgment to the CIPAS. Unless otherwise agreed by the CIPAS, the lodged property recipient shall not receive. The processing lodgment performance in accordance with this paragraph is effective.
Political parties, affiliate organizations or its trustee violating the provisions as prescribed in the preceding paragraph 1 to transfer or dispose are invalid.
If any dispute arises concerning scope of discretion as prescribed in the preceding paragraph 1 subparagraph 1 or objection may be made against the resolution as prescribed in the preceding paragraph 1 subparagraph 2, interested person may apply petition for review within 30 days from the date of receipt of the notice, for those not satisfied with the review decision, may file an administrative suit within 2 months peremptory period.
Article 10
Assets declared under article 8 shall be presumed to be ill-gotten and disposed of pursuant to article 6 if the CIPAS considers the declaration to constitute intentional or grossly negligent concealment or omission, or untruthful statements in relation to important matters.
Article 11
The CIPAS shall conduct investigation in a manner conforming to the due process of law and the principle of proportionality.
For the purpose of conducting investigation, the CIPAS may take the following actions:
1. To request the files and materials from relevant authorities (institutions), including requesting property, income, business and tax payment materials from the taxing authorities; Article 33 of the Tax Levy Act shall not be applicable.
2. To request legal entities, groups or individuals to submit accounting books, documents. and any other necessary materials or exhibits;
3. To dispatch personnel to offices, places of business, or other locations of the - relevant authorities (institutions) or business and individual residence locations for any necessary onsite inspection
4. To give any relevant person a written notification, requiring him to give his opinions. The notification shall give such details in relation to the purpose of the inquiry, the time and place where the person notified is required to appear, whether or not he is allowed to appoint another person to appear on his behalf, and the consequence for failure to appear;
5. Other necessary means of investigation.
The investigation means as prescribed in the preceding paragraph finding the sources, the method of obtaining of concerned assets obtained by political parties, affiliate organizations or its trustee may copies and hold backups, temporarily impound the related materials or exhibits or take away the whole or a part of them if necessary. However, the scope, and duration of impounding, taking away or holding are limited to the need of inspection, verification, or any other purpose of preserving evidence.
Impounding, taking away or holding materials or exhibits possessed by central or local agency (organization) shall get the permission of the chief of the agency (organization). Unless such action will impair the national interests, the chief of the agency (organization) shall not refuse.
The chief of agency (organization) shall affix his or her seal on the materials or exhibits to be taken away by the person conducting investigation and the person conducting investigation shall give a receipt in return.
Where the person conducting the investigation fails to present documents supporting the fact that he is dispatched by the CIPAS, the person under investigation may refuse the investigation
In conducting investigation as prescribed by this article, the CIPAS may request necessary assistance from the government agencies or the police and may consign certified public accounts and other professionals for assisting in inspecting, appraising and auditing materials concerned.
Article 12
The investigated authorities (institutions), legal entity, group or individual person shall not avoid, obstruct or refuse such investigation.
Article 13
The CIPAS may grant reward to anyone who provides information in relation to the location, sources, or manners of acquisition or disposition of the ill-gotten assets if such information leads to the discovery and recovery of the ill-gotten assets by the CIPAS.
The CIPAS shall keep the identity of the person reporting or informing confidential.
The terms, formalities, and other relevant matters in relation to the grant of reward as prescribed in the preceding paragraph 1 shall be prescribed by the CIPAS.
Article 14
The CIPAS’s disposition under article 6 or determination concerning the status of political parties‘ affiliated organizations and trustee under article 8 paragraph 5 shall not be made without public hearings.
Article 15
The CIPAS shall determine the result of the investigation and make written disposition concerning that determination. The written disposition shall specify the following information:
1. The name, title and address of the party subject to disposition;
2. The current status of assets and rights subject to inspection;
3. Subject matter, facts, reasons of the disposition;
4. Contents of the incidental provisions, if any;
5. The title of the CIPAS;
6. Reference number and date of the document;
7. The statement to the effect that it is an administrative disposition and the means of remedy available in case of dissatisfaction with the disposition, the time period within which remedy may be sought and the authority with which application for remedy must be filed.
The subject matter of assets settlement as prescribed in the preceding paragraph subparagraph 3 shall state categories, quantities, a levy on payments, a mentioned time period and transfer object in accordance with Article 6.
The written disposition as prescribed in paragraph 1 shall be publicized by publication in Executive Yuan gazette and website.
Article 16
The person dissatisfied with the CIPAS’s disposition which is made after public hearings, may file an administrative litigation within a peremptory period of two months after the written disposition was served.
Article 17
In order to conduct investigation-related matters as prescribed by this Act, the Competent Authority may prescribe procedural rules.
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