The ANTI-MONEY LAUNDERING DIVISION, INVESTIGATION BUREAU,
MINISTRY OF JUSTICE, REPUBLIC OF CHINA (TAIWAN) and the
FINANCIAL INTELLIGENCE UNIT, PRINCIPALITY OF ANDORRA (UIFAND),
hereafter referred to as on "Authority" or collectively as "the
Authorities", desire, in a spirit of reciprocal cooperation and
mutual interest, and within the framework of each Authority ’ s
national legislation, to facilitate the analysis concerning
cases of suspected money laundering, associated predicate
offences and terrorism financing, with a view to disseminating
information which may ultimately result in investigations and
prosecutions by competent authorities in their respective
countries.

To that end, having regard to the relevant documents of the
Egmont Group and, particularly, the “ Charter ” and the “
Principles for Information Exchange between Financial
Intelligence Units ”, the Authorities have reached the
following understanding:

1. The Authorities will cooperate to assemble, develop and
analyze information relevant to suspected money laundering,
associated predicate offences and terrorism financing.
2. The Authorities, to the extent authorized by the laws of its
country, and consistent with its own policies and procedures,
will freely exchange, based on reciprocity:
a. Upon request the widest range of information available or
obtainable, that may be relevant to the investigation of
money laundering, associated predicate offences and
terrorism financing;
b. Spontaneously any information that may be relevant for the
processing of analysis of information by the authority
related to money laundering, associated predicate offences
and terrorism financing in the other jurisdiction.
3. The Authorities will conduct queries on behalf of the
requesting counterpart and provide all information that they
would be able to obtain if such queries were carried out
domestically. In particular, the Authorities will provide:
a.All information required to be accessible or obtainable
directly or indirectly; this includes in particular the
information that the Authorities have the power to obtain
for their domestic analysis; and
b. Any other information which the Authorities have the power
to obtain or access, directly or indirectly, at the
domestic level.
4. In particular, the Authorities will provide the following
types of information, based on their respective sources and
powers:
a. Suspicious Transaction Reports (STRs) / Suspicious
Activity Reports (SARs);
b. Threshold-Based Disclosures;
c. Others.
5. 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.
6. To enable a timely and efficient execution of the requests,
the Authorities will make their best efforts to provide, in
the requests, relevant factual and legal information,
including the description of the case being analyzed and the
potential link with the country of the requested Authority.
They will also indicate any need for urgency.
7. The Authorities will indicate the reasons for the requests,
the law enforcement agency or agencies on behalf of whom
those are sent and will be given access to the information
and, to the extent possible, the reasons for providing the
information to that agency or agencies and the purpose for
which the information will be used.
8. The Authorities will not refuse to provide assistance on the
grounds that:
a. The request is also considered to involve fiscal matters;
b. Laws require financial institutions or designated
non-financial businesses and professions (except where the
relevant information that is sought is held under
circumstances where legal privilege or legal professional
secrecy applies) to maintain secrecy or confidentiality;
c. There is an inquiry, investigation or proceeding underway
in the country of the requested Authority, unless the
assistance would impede that inquiry, investigation or
proceeding;
d. The nature or status (civil, administrative, law
enforcement etc.) of the requesting Authority is different
to the requested Authority.
9. The Authorities will acknowledge receipt of the requests and
will respond to such requests in a timely manner. The
Authorities will further use their best efforts to provide
interim or partial responses in a timely manner in such cases
where there may be a delay in providing a full response.
10. The Authorities are under no obligation to give assistance
if judicial proceedings have been initiated concerning the
same facts, or if such assistance is contrary to the
interests of the country of the requested Authority. If an
Authority decides not to respond to a request for
information from the other Authority, the requested
Authority will notify this fact to the requesting Authority.
11. The Authorities will use the information exchanged only for
the purpose for which it was sought or provided. Any
dissemination of the information to other authorities or any
use of this information beyond those originally approved
will be subject to prior authorization by the requested
Authority. The requesting authority shall not make use of
the information received from the requested 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.
12. The prior consent for further use or dissemination will be
granted by the Authorities promptly and to the largest
extent possible. Such consent will not be refused unless
this would fall beyond the scope of application of the
providing Authority`s AML/CFT provisions, could impair a
criminal investigation, would be clearly disproportionate to
the legitimate interests of a natural or legal person or the
State of the providing Authority or would otherwise not be
in accordance with fundamental principles of its national
law.
13. Any refusal to provide the prior consent will be
appropriately motivated and explained and the Authorities
will explore alternative ways (e.g. through mutual legal
assistance channels) to ensure that the information
exchanged can be used by competent law enforcement agencies
and prosecutors.
14. Upon request and whenever possible, the Authorities will
provide feedback to the other Authority on the use of the
information provided, as well as on the outcome of the
analysis conducted, based on the information provided.
15. The information acquired in application of this Memorandum
of Understanding (hereinafter referred to as “ MOU ” )is
confidential. It is subject to official and professional
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.
16. Authorities ensure that breaching of the official and
professional secrecy is considered a criminal offence by
their respective criminal domestic legislation.
17. Exchanges of information will take place in a secure way
through reliable channels or mechanisms. To this end, the
Authorities will use the Egmont Secure Web or other
organized networks that ensure levels of scrutiny,
reliability and effectiveness at least equivalent to those
of the Egmont Secure Web.
18. 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.
19. In interpreting and implementing this MOU, the Authorities
will ensure consistency with the provisions of the Egmont
Group, particularly with the “ Charter ” and the “
Principles for Information Exchange between Financial
Intelligence Units ”. The Authorities will abide directly
by these provisions for any further issue which is not
covered in this MOU.
20. Communication between the Authorities shall take place in
English.
21. This MOU will become effective upon the date of signature by
the Authorities.
22. This MOU may be amended at any time by mutual consent in
writing.
23. This MOU is revocable at any time. The termination will
become effective as from the reception of the
one-month-prior written notification from the other
Authority. The terms and conditions governing the
confidentiality of information received before the
termination of this MOU will continue to be applied after
the Authorities terminate this MOU. The Authorities will
provide any required information before the termination of
this MOU.


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

Signed at Sydney, Australia, on this 26 of September, 2018, in
duplicate in the English language, this English version being
the agreed authentic text and each Authority takes the
responsibility for establishing translation in their own
language.


FOR THE FOR THE
ANTI-MONEY FINANCIAL
LAUNDERING INTELLIGENCE
DIVISION, UNIT, PRINCIPALITY
INVESTIGATION OF ANDORRA
BUREAU, MINISTRY
OF JUSTICE,
REPUBLIC OF
CHINA (TAIWAN)

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Hung-Chin LEE Carles Finana Pifarre
Director Head