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1.Signed on July 02, 2018 and June 19, 2018 Entered into force on July 02, 2018

 
The ANTI-MONEY LAUNDERING DIVISION, INVESTIGATION BUREAU,
MINISTRY OF JUSTICE, REPUBLIC OF CHINA (TAIWAN) and the
FINANCIAL INTELLIGENCE UNIT, THE UNITED REPUBLIC OF TANZANIA,
hereinafter referred to as "the Authorities", desire, in a
spirit of cooperation and mutual interest, 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. Objective and Scope:
1.1 The general objective of this Memorandum of Understanding
(hereinafter referred to as “ MoU ” )is to establish a
basis for the development of an effective collaboration
mechanism between the Authorities in the exchange of
information and to improve the coordination and efficiency
of cooperation efforts between the Authorities.
1.2 The Authorities will cooperate with each other by providing
information or intelligence to each other, on the basis of
reciprocity, spontaneously or upon request, which may assist
in the investigation of persons suspected of having engaged
in money laundering, terrorism financing, and proliferation
of weapons of mass destruction or related criminal activity.
1.3 The purpose of this MoU is to develop and expand the
framework of cooperation between the Authorities and to
create a mutually beneficial relationship that will assist
each Authority in the performance of their respective roles
in ensuring effective compliance of their respective
obligations.
2. Information Exchange
2.1 The Authorities will cooperate to assemble, develop and
analyse information relevant to suspected money laundering,
associated predicate offences and terrorism financing.
2.2 The Authorities will freely exchange spontaneously or upon
request the widest range of information available or
obtainable, based on reciprocity.
2.3 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.
2.4 In particular, the Authorities will exchange, freely,
spontaneously or upon request any information that may be
relevant to the investigative analysis functions of the
Authorities that is available or obtainable based on the
Authorities ’ respective powers and sources such as
Suspicious Transaction Reports (STRs) / Suspicious Activity
Reports (SARs); Threshold-Based Disclosures and other
sources.
3. Compelled Disclosure
3.1 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.
4. Efficient Execution of Requests
4.1 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 analysed and the
potential link with the country of the requested Authority.
They will also indicate any need for urgency.
4.2 The Authorities will indicate the reasons for the requests,
the parties on behalf of whom those are sent and, to the
extent possible, the purpose for which the information will
be used.
5. Forms of Correspondence
5.1 All requests for information, responses to requests for
information, exchanged information, notices, and consents
provided pursuant to this MoU should be reduced to or
ultimately confirmed in writing.
6. Limitations
6.1 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;
e. the case to which the request refers to is not considered
relevant or suspicious or the specific type of the
predicate offence is not known in the analytical phase.
7. Response to Requests
7.1 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.
8. Permitted Use and Disclosure of Information
8.1 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.
8.2 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.
8.3 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.
8.4 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.
9. Confidentiality
9.1 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.
9.2 Exchanges of information will take place in a secure way and
through reliable channels or mechanisms. To this end, the
Authorities will use the Egmont Secure Web or other
recognized networks that ensure levels of security,
reliability and effectiveness at least equivalent to those
of the Egmont Secure Web.
9.3 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.
9.4 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.
10. Language of Request
10.1 Communication between the Authorities shall take place in
English.
11. Effective Date
11.1 This MoU will become effective upon the date of signature
by the Authorities.
12. Amendment
12.1 This MoU may be amended at any time upon mutual consent
between the Authorities. Any amendment agreed to will be
reduced in writing and duly signed by authorised
representatives of the respective Authorities. The said
amendments shall form part of this MoU and will come into
operation on a date as agreed upon by the Authorities.
13. Dispute Settlement
13.1 The Authorities shall work in spirit of openness,
transparency and consultation to achieve the objective of
this MoU.
13.2 In the event of any disagreement, controversy or dispute
arising under this MoU, the Authorities hereto shall
endeavor to settle such dispute amicably through dialogue
and consultation.
14. Term and Termination
14.1 This MoU shall come into operation and remain effective
from the date of last signature by authorised
representatives of the Authorities unless terminated by
either Authority.
14.2 This MoU may be terminated at any time. Either Authority
may terminate this MoU by 30 days notice in writing to the
other Authority. The termination will take effect
immediately upon receipt of the written notice of
termination from the other Authority.
14.3 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.
15. Financial Matters
15.1 This MoU does not impose any financial responsibilities on
either Authority except that each Authority will be
responsible for its own costs incurred in the
implementation of this MoU.

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

Done 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, THE UNITED
INVESTIGATION REPUBLIC OF
BUREAU, TANZANIA
MINISTRY OF
JUSTICE,
REPUBLIC OF
CHINA (TAIWAN)
__________________ __________________
Hung-Chin Lee Onesmo H. Makombe

Director Commissioner

Date: 06/19/2018 Date: 2ND JULY 2018
Place: Taipei Place: DAR ES SALAAM
資料來源:全國法規資料庫