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1.Signed on November 19, 2012 Signed on November 16, 2012 Entered into force on November 19, 2012

 
The Financial Intelligence Unit (Anti-Money Laundering Division,
Investigation Bureau, Ministry of Justice), the Republic of
China (Taiwan) and the Financial Intelligence Unit of Papua New
Guinea (hereinafter, each referred to as an “ Authority ” or
collectively as “ the Authorities ” )desire, on the basis of
reciprocity and in a spirit of cooperation and mutual interest
and within the framework of each Authority ’ s national
legislation, to facilitate the exchange of information in
support of investigations related to money laundering, terrorist
financing, and related criminal activity.

To that end, the Authorities have reached the understanding
contained in this Memorandum of Understanding (MoU):

1 Information Exchange
a To the extent authorised by the laws of its country, and
consistent with its own policies and procedures, each
Authority will provide upon request from the other any
information, including financial transaction reports, in its
possession, that it has access to, or that it is authorised
by law to collect that may be relevant to the investigation
of persons suspected of engaging in money laundering,
terrorist financing, and other related criminal activity.
b To the extent permitted within its own domestic law and
consistent with its own policies and procedures, each
Authority may also spontaneously provide such information to
the other.
c A requesting Authority will provide:
i. The reasons for the request;
ii. The purpose for which the information will be used;
iii. The agencies (or other entities or persons) which will be
given access to the information and the reasons for
providing the information to such agencies (or other
entities or persons);
iv. Sufficient information to enable the requested Authority to
determine whether the request complies with domestic laws.
d Information exchanged between the Authorities must be used
only for intelligence purposes and must not be used as
evidence in any proceedings, including administrative,
prosecutorial or judicial proceedings. If information is
sought to be used in any proceedings, it should be sought
through a formal mutual legal assistance request.
2 Use and Disclosure of Information by Requesting Authority
Unless the prior consent of the requested Authority is
obtained, the requesting Authority will:
a use the information provided in response to a request for
information only for the purposes set forth in the request or
permitted under this MoU, and
b disclose the information provided in response only to those
parties identified in the request.
3 Use and Disclosure of Information by Requested Authority
a The requested Authority may not disclose information
contained in the request for information to third parties or
for use for purposes not identified in the request without
the prior consent of the requesting Authority.
b However, nothing in this MoU bars the requested Authority
from transmitting the following information to other
appropriate agencies of the requested Authority ’ s
government:
i. the content of the request to obtain information in
response to the request, or
ii. the identity of both the requesting Authority and the
individual or entity that is the subject of the request
to facilitate coordination between other appropriate
agencies of the requested Authority’s government.
4 Compelled Disclosure
a If an Authority is subject to legal process or proceedings
that could require the disclosure of information it has
received from the other Authority, the Authority subject to
such process or proceedings will immediately notify the other
Authority.
b In the event that the other Authority objects to disclosure
of its information as described in paragraph 4(a), the
Authority subject to the legal process or proceedings will
take reasonable efforts to ensure that the information will
not be disseminated to any third party or that appropriate
limitations are placed upon the disclosure.
5 Confidentiality
All information exchanged by the Authorities will be subjected
to strict controls and safeguards to ensure that the
information is used only in an authorised manner and treated
in a confidential manner. Exchanged information will be
protected by the same confidentiality as provided by the laws
of the receiving Authority for similar information received
from domestic sources.
6 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 proceedings in its
country.
b The requested Authority is under no obligation to provide
information:
(a) 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
(b) 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.
7 Form of Correspondence
To the extent possible, all requests for information,
responses to requests for information, exchanged information,
notices, and consents provided pursuant to this MoU should be
ultimately confirmed in writing. Communication between the
Authorities will take place in English.
8 Amendments
This MoU may be amended at any time in writing by mutual
consent.
9 Term and Termination
a This MoU becomes effective once it is signed by both
Authorities.
b This MoU is revocable at any time. The termination will be
confirmed in writing by receipt of the written notification
from the other Authority. The terms and conditions of this
MoU dealing with the confidentiality of information received
prior to the termination of this MoU will remain in force
after the termination of this MoU.

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

Done in duplicate in the English language (this English text
being the authentic text, and each Authority taking the
responsibility for translating in their own language).


For the Financial For the Financial
Intelligence Unit of Intelligence Unit of Papua
Republic of China (Taiwan) New Guinea

Chih – Ping (Jeffrey) Chang Bernard Barrum
Director Officer In Charge

Date: NOV. 16, 2012 Date: NOV. 19, 2012
Place: Taipei Place: Hanoi-Vietnam
資料來源:全國法規資料庫