The Anti-Money Laundering Division of the Investigation Bureau,
Ministry of Justice, Republic of China (Taiwan), a statutory
agency established under the Money Laundering Control Act 1996,
with its head office at Investigation Bureau, Ministry of
Justice, New Taipei City, the Republic of China (Taiwan) and the
Fiji Financial Intelligence Unit (Fiji FIU), a statutory agency
established under the Financial Transactions Reporting Act 2004,
with its office at Reserve Bank of Fiji, Suva, Fiji,
(hereinafter referred to singularly as “ the Authority ” and
collectively 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 exchange
of information the Authority suspects would be relevant to
investigation or prosecution of a money laundering offence, a
terrorism financing offence, or an offence that is substantially
similar to either offence or other serious offences.

To those ends, the Authorities have formed a Memorandum of
Understanding (hereinafter referred to as “ MOU ” )and have
reached the following understandings:

1. Information Exchange
(a) The Authorities will cooperate to assemble, develop and
analyse information in their possession concerning financial
transactions suspected of being related to money laundering,
terrorism financing or criminal activities connected with
money laundering or terrorism financing and other serious
offences.
(b) To the extent authorised by the laws of its country, and
consistent with its own policy and procedures, each
Authority will provide unilaterally or upon request from the
other any information that is reported to it or it is
authorised to collect that the Authority has reasonable
grounds to suspect would be relevant to the investigation or
prosecution of a money laundering offence, a terrorism
financing offence, or an offence that is substantially
similar to either offence of other serious offences.
2. Justification of a Request
The requesting Authority shall disclose to the requested
Authority a brief statement of underlying facts including the
following minimum details:
(a) the reason for the request;
(b) the purpose for which the information will be used;
(c) the law enforcement agency or agencies in the country of the
requesting Authority which will be given access to the
information and the reasons; and
(d) sufficient information to enable the requested Authority to
determine whether the request complies with its domestic
law.
3. Permitted Use and Disclosure of Information
Use of information supplied in satisfaction of a request made
under this MOU is subject to the limitation that:
(a) the receiving Authority shall not use the information for
other purposes than those stated in this MOU or set forth in
a request and accepted by the Authority;
(b) the receiving Authority may not transfer information shared
by a providing Authority to a third party without the prior
consent of the providing Authority;
(c) the receiving Authority shall not make use of the
information received from the providing Authority as
evidence in any proceedings including in an administrative,
prosecutorial or judicial proceedings and such information
is intended to be used for intelligence purposes only; and
(d) each Authority will include warning notices on any
responsive information that it provides to law enforcement
agencies identified in a request for information. The
notices shall be sufficient to place the law enforcement
agencies on notice that the information cannot be disclosed
to any other party unless prior consent of the providing
party is obtained and that the information shall not be used
as evidence in any proceedings.
4. Confidentiality
(a) All information exchanged by the Authorities shall be
subject to strict controls and safeguards to ensure that the
information is used only in an authorized manner.
(b) The information acquired by the receiving Authority shall be
kept confidential and shall be subject to official secrecy.
At a minimum, exchanged information must be treated as
protected by the same confidentiality provisions as apply to
similar information from domestic sources obtained by the
receiving Authority.
5. Limitations
(a) The requested Authority may refuse to provide information to
the requesting Authority if the requested Authority
determines that release of the information requested may
unduly prejudice an investigation or proceeding in its
country.
The requested Authority is under no obligation to provide
information:
(b) if judicial proceedings have been initiated in the country
of the requested Authority in relation to the same acts or
omissions alleged to constitute the offence about which the
request for information is made; or
(c) if 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.
6. Communication
(a) The Authorities will jointly arrange, consistent with the
legislation of their respective countries, for acceptable
procedures of communication and will consult with each other
with the purpose of implementing this MOU.
(b) To the extent possible, all communications between the
Authorities including providing information, requests for
information, responses to requests for information, exchange
of information, notices and so forth shall be in written
form in the English language.
7. Audit
Each Authority shall ensure that an effective audit trail is
maintained in respect of information exchanged under the
terms of this MOU.
8. Amendments
This MOU may be amended at any time by mutual written consent
of the Authorities.
9. Period of Operation
This MOU will come into effect upon the signature by the
Authorities.
10. Conduct of the Authorities
In facilitating the exchange of information pursuant to this
MOU, the Authorities shall not engage in a conduct that is
contrary to the provisions of this MOU.
11. Dispute Resolution
The Authorities shall use their best efforts to settle
amicably any disputes arising out of or in connection with
this MOU or its interpretation.
12. Termination
(a) Either Authority may terminate this MOU for whatever
reason, at any time by giving a notice in writing to the
other Authority about its intention to terminate this MOU.
The termination will become effective as of the receipt of
the written notification by an Authority from the other
Authority.
(b) The terms and conditions of this MOU dealing with the
confidentiality of information received prior to the
termination in application of this MOU shall remain in
force after its termination.
13. Signature
This MOU is signed in saint Petersburg on this 10 of July,
2012 in duplicate copies. English is the governing language
of this MOU and the Authorities may establish translations
in their own national language. In the event of any conflict
of discrepancy between the English text and any translation
thereof, the English text shall prevail.

IN WITNESS WHEREOF, the undersigned, being duly authorized by
their government, have signed this MOU.

FOR ANTI-MONEY FOR FIJI FINANCIAL
LAUNDERING DIVISION INTELLIGENCE UNIT
INVESTIGATION
BUREAU MINISTRY OF
JUSTICE REPUBLIC OF
CHINA (TAIWAN)
Chih-Ping Chang Razim Buksh
Director Director