1.Signed on July 25, 2007
Entered into force on July 25, 2007
CONCERNING COOPERATION IN THE EXCHANGE OF FINANCIAL INTELLIGENCE
RELATED TO MONEY LAUNDERING AND FINANCING OF TERRORISM
The Money Laundering Prevention Center, Investigation Bureau,
Ministry of Justice, Republic Of China (Taiwan) and The
Financial Investigation Unit of Government of The Cook Islands,
hereinafter referred to 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 prevention and detection of money laundering and
also to facilitate the analysis and investigation of persons or
companies suspected of criminal activity related to money
laundering and/or financing of terrorism.
To those ends, they have reached the understandings set forth
1. Scope of Cooperation
The Authorities will cooperate to exchange financial
intelligence, in the form of information or documents
concerning financial transactions suspected of being related
to money laundering or criminal activities connected with
money laundering and/or financing of terrorism. To that end,
the Authorities will exchange spontaneously or upon request
any available financial intelligence that may be relevant to
the investigation by the Authorities into financial
transactions related to money laundering and/or financing of
terrorism and the persons or companies involved.
2. Requests for Financial Intelligence
The requesting Authority should disclose to the requested
Authority at a minimum the reason for the request, the
purpose for which the information will be used and enough
information to enable the requested Authority to determine
whether the request complies with its domestic law.
3. Uses of Financial Intelligence
a. Financial intelligence exchanged between the Authorities
may be used only for the specific purpose for which the
financial information was sought or provided.
b. The receiving Authority may not transfer financial
intelligence shared by a disclosing Authority to a third
party, nor make use of the financial intelligence for
investigative, prosecutorial or judicial purposes, without
the prior consent of the disclosing Authority.
c. It is understood that information obtained in accordance
with this Memorandum can be used in justice only when
related to money laundering originating from predicate
offences and/or related to financing of terrorism as
provided by the national legislation of the respective
4. Confidentiality of Financial Intelligence
The financial intelligence acquired in application of this
Memorandum and the fact that the information was provided
should be kept confidential. It should be protected by at
least the same confidentiality as provided by the national
legislation of the receiving Authority for similar
information from national sources.
5. Refusal of Providing Financial Intelligence
The Authorities are under no obligation to give assistance if
judicial proceedings have already been initiated concerning
the same facts as the request is related to.
6. Working Meetings and Consultations
If necessary, the representative of the Authorities will hold
working meetings and consultations in order to discuss how to
reinforce the cooperation within this Memorandum, and make it
7. Communication between the Authorities
Communication between the Authorities shall as far as
possible take place in English.
8. Effective date; Amendment; Termination
a. This Memorandum will become effective upon signature by
b. This Memorandum may be amended at any time, in writing, as
mutually arranged by the Authorities.
c. Either Authority may terminate this Memorandum of
Understanding by 3 months’ notice in writing to the other
d. Notwithstanding, the termination of this Memorandum of
Understanding, the confidential provision refer to in
Article 4, shall remain in application.
IN WITNESS Signed:
undersigned have signed
this Memorandum at on
day of 2007 in duplicate
in the English language.
Yu-Yi Chou Bob WILLIAMS
Director Head of FIU
Money Laundering Financial Investigation
Prevention Center Unit
Ministry of Justice Government of
Republic of The Cook Islands