您的瀏覽器不支援JavaScript功能,若網頁功能無法正常使用時,請開啟瀏覽器JavaScript狀態

全國法規資料庫

列印時間:113/04/20 04:16
:::

加入資料夾:

所有條文

沿革:
1.Signed on July 12, 2011; Entered into Force on July 12, 2011.

 
The Anti-Money Laundering Division, Investigation Bureau,
Ministry of Justice, Republic of China (Taiwan) and the
Financial Monitoring Center of the Central Bank of the Republic
of Armenia hereafter referred to as “ the Authorities ”,
desire, in a spirit of cooperation and mutual interest, and
within the spirit of the framework of each Authority ’ s
national legislation, to facilitate the investigation and
prosecution of persons, proceeds and transactions suspected of
money laundering or the financing of terrorism and criminal
activities related to money laundering or the financing of
terrorism.

To that end they have reached the following understanding:

1. EXCHANGE OF INFORMATION
The Authorities will cooperate on the basis of reciprocity to
assemble, develop and analyse information in their possession
concerning financial transactions suspected of being related
to money laundering and terrorist financing or criminal
activities connected with money laundering and terrorist
financing. To that end, the authorities will exchange
spontaneously or upon request any available information that
may be relevant to the investigation by the Authorities into
financial transactions related to money laundering, terrorist
financing and the persons or companies involved. Any request
for information will be justified by a brief statement of the
underlying facts.

2. DISCLOSURE OF INFORMATION
(a) Subject to 2(b), the information obtained from the
respective Authorities will not be disseminated to any third
party, nor be used for administrative, prosecutorial or
judicial purposes without the express prior consent of the
disclosing Authority. It is understood that information
obtained in accordance with this Memorandum of
Understanding(hereafter refer to as MOU) can only be used in
justice when related to money laundering or the financing of
terrorism and other criminal activities as specified in the
national legislation of states of the Authorities.
(b) 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 express consent of the other Authority to disclose the
information, and if consent has not been provided,
reasonable efforts will be taken to ensure that the
information will not be disseminated to any third party or
that appropriate limitations are placed upon the disclosure.
(c) If there is a breach of confidentiality the aggrieved
Authority shall have the right to resort to the procedures
set forth in the Egmont Group standards for resolving
disputes.

3. CONFIDENTIALITY
The information acquired in application of 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.

4. COMMUNICATION PROCEDURES
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.

5. OFFICIAL LANGUAGE FOR COMMUNICATIONS
Communication between the Authorities shall take place in
English. Requests for information will be submitted in
writing, through the Egmont Secure Web and, in matters of
urgency or for technical reasons, by fax.

6. REFUSAL FOR PROVIDING INFORMATION
The Authorities are under no obligation to give assistance if:
(a) Provision of such information would be likely to prejudice
the sovereignty, security, national interest or other
essential interests of the country of the requested
Authority.
(b) The Authority determines that the release of the information
or documents requested may unduly prejudice an investigation
or judicial proceeding in the country of the Requested
Authority.

7. NOTICE
If the Requested Authority is of the opinion that the request
cannot be acceded to, the Requested Authority will notify the
Requesting Authority in writing.

8. AMENDMENT
This MOU may be amended at any time in writing by mutual
consent which shall be arranged as a single protocol, which
would be an integral part of this MOU.

9. TERMINATION
This MOU is revocable at any time. The termination will
become effective as from the reception of the written
notification from the other Authority.

10. EFFECTIVE DATE
This MOU will become effective upon the signature by the
Authorities.

In witness whereof, the undersigned, being duly authorized by
their respective competent authorities, have signed this MOU.

Signed in Yerevan, Armenia, on this twelfth of July, 2011, in
two copies, in the English language (this English text being the
agreed authentic text, and each Authority taking the
responsibility for establishing translation in their own
language).

Chih-Ping Chang Daniel Azatyan
Director Head

For The Anti-Money For The Financial
Laundering Division, Monitoring Center Of
Investigation Bureau, The Central Bank Of
Ministry Of Justice, The Republic Of
Republic Of China Armenia
(Taiwan)
資料來源:全國法規資料庫