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法規名稱: EXCHANGE OF LETTERS BETWEEN FINANCIAL SUPERVISORY COMMISSION, CHINESE TAIPEI AND THE NETHERLANDS AUTHORITY FOR THE FINANCIAL MARKET
簽訂日期: 民國 95 年 06 月 07 日
生效日期: 民國 95 年 06 月 07 日
簽約國: 歐洲地區 > 荷蘭
沿革:
1.Signed on June 7, 2006; Entered into force on June 7, 2006

 
Financial Supervisory Commission
attn. Mr. Daung-Yen LU
Acting Chairman

Date 7 June , 2006
Our reference JZ-HJHa-05040394
Phone (020) 552 18 42
E-mail Peter.van.Duijvenvoorde@afm.nl
Concerning Exchange of information between the FSC and the
AFM

Dear Mr. Daung-Yen Lu,
Reference is made to our earlier contacts in which we expressed
the opinion that further cooperation on the exchange of
information between the Netherlands Authority for the Financial
Markets (AFM) and the Financial Supervisory Commission (FSC) is
of great value. Therefore in this letter the AFM will describe
its intention to realize above mentioned cooperation within the
Dutch legal framework.
1.General
The AFM is responsible for the supervision of securities
markets as well as the conduct of business (including consumer
information and advice) of all financial services providers in
the market domain (banks, investment funds, insurance
companies, and securities firms). The AFM's mandate is to
ensure the proper functioning of the securities markets, to
protect the position of investors and to increase the
transparency of the securities markets.

In the Decree of Delegation 1995 Supervision of Securities
Transactions Act (Decree of Delegation) the Dutch Minister of
Finance delegates the supervision of the prudential securities
rules to the Nederlandsche Bank N.V. (DNB) and the supervision
of the securities rules of conduct to the AFM. Consequently
the AFM itself is responsible for exercising its powers, such
as granting licenses, reviewing stock exchange regulations and
investigating incidences of insider trading.

In addition to the Act on the Supervision of the Securities
Trade 1995 (Act 1995) the AFM is also responsible for the
Major Holdings in Listed Companies Disclosure Act 1996; the
purpose of this Act is to increase the transparency of
markets. The allocation of powers and responsibilities under
Wmz 1996 is also comparable to that of the Act 1995.

Pursuant to Article 2 of Organic Act Governing the
Establishment of the Financial Supervisory Commission,
Executive Yuan, the FSC is in charge of the development,
supervision, administration, and examination of the financial
market and financial service industries. The financial market
here includes the banking market, bills market, securities
market, futures and derivatives market, insurance market, and
clearance system; the financial service industries includes
financial holding companies, financial restructuring fund,
Central Deposit Insurance Corporation, the banking industry,
securities industry, futures industry, insurance industry,
electronic financial transactions, and other financial service
industries

2.Information exchange by the FSC to the AFM
According to the Act 1995 information which has been received
from the FSC will not be made public and will be treated as
confidential. The AFM will not use information supplied
pursuant to the Act 1995 in a manner other or for longer than,
or to disclose the same in a manner or to persons other than
is necessary for the purpose of performing its duties or
implementing the Act 1995.

The AFM took notice of the requirements of the applicable laws
in Taiwan (Securities and Exchange Law, Futures Trading Law,
and Computer-Processed Personal Data Protection Law) and
declares that non-public information and documents received by
the AFM from the FSC will be non-public and confidential and
that the information obtained from will be used exclusively to
enforce the securities regulations in the Netherlands.

The AFM will ask the FSC's prior consent before disclosing or
transferring confidential information obtained from the FSC to
other authorities or third parties. In the following cases
where disclosure is necessary under the law of the
Netherlands, the AFM will apply the procedures as described
below:
- For the purpose of performing its duties as mentioned in the
Act 1995, the AFM will file a report with the criminal
prosecutor in the event the AFM is of the opinion that there
is a violation of the provisions of the Act 1995. Before
filing this report the AFM will notify the FSC;
- According to the Act 1995, the staff of the AFM may be
forced, under the Codes of Criminal and of Civil Procedure,
to make a statement to a court as a witness or expert.
Whenever this concerns information sent by the FSC, the AFM
will notify the FSC.

3.Requests for information from the FSC
If a request for information is made in writing and specifies
the following:
- a general description of the matter which is the subject of
the request and the purpose for which the information is
sought as well as the reasons why this information will be
of assistance;
- a description of the specific information which is
requested;
- in case the request is a result of investigations of
violations of any laws or regulations, a short description
of the relevant provisions that may have been violated, and,
if known, a list of persons or entities which may be in
possession of the information and the place where the
information may be available the AFM will provide the
fullest assistance within the competence of the AFM.

With respect to the conditions as mentioned above, the AFM
declares that the exchange of information between the FSC and
the AFM can be established.

Upon receipt of your letter indicating that the foregoing
conditions are agreeable to the FSC, we will consider that
this letter and your reply thereto constitute an exchange of
letters between the FSC and the AFM on this subject.

Yours sincerely,
Netherlands Authority for the Financial Markets

Arthur Docters van Leeuwen
Chairman of the Executive Board

Paul Koster
Member of the Board


Date June 7, 2006
Our reference
Phone (886) 2-8968-0890
E-mail andrea.lee@fscey.gov.tw
Concerning Exchange of information with the AFM

Dear Mr. Arthur Docters van Leeuwen:
I acknowledge receipt of your letter of June 7, 2006, concerning
the exchange of information between our two authorities.

Reference is made to our earlier contacts in which we expressed
the opinion that further cooperation on the exchange of
information between the Financial Supervisory Commission (FSC)
and the Netherlands Authority for the Financial Markets (AFM) is
of great value. Therefore in this letter the FSC will describe
its intention to realize above mentioned cooperation within the
legal framework in Taiwan.

1.General
Pursuant to Article 2 of the Organic Act Governing the
Establishment of the Financial Supervisory Commission,
Executive Yuan, the FSC is in charge of the development,
supervision, administration, and examination of the financial
market and financial service industries. The financial market
here includes the banking market, bills market, securities
market, futures and derivatives market, insurance market, and
clearance system; the financial service industries includes
financial holding companies, financial restructuring fund,
Central Deposit Insurance Corporation, the banking industry,
securities industry, futures industry, insurance industry,
electronic financial transactions, and other financial service
industries.

Under the Securities and Exchange Law and Futures Trading Law,
the FSC is the competent authority of both securities and
futures markets.

The AFM is responsible for the supervision of securities
markets as well as the conduct of business (including consumer
information and advice) of all financial services providers in
the market domain (banks, investment funds, insurance
companies, and securities firms). The AFM's mandate is to
ensure the proper functioning of the securities markets, to
protect the position of investors and to increase the
transparency of the securities markets.

In the Decree of Delegation 1995 Supervision of Securities
Transactions Act (Decree of Delegation) the Dutch Minister of
Finance delegates the supervision of the prudential securities
rules to the Nederlandsche Bank N.V. (DNB) and the supervision
of the securities rules of conduct to the AFM. Consequently
the AFM itself is responsible for exercising its powers, such
as granting licenses, reviewing stock exchange regulations and
investigating incidences of insider trading.

In addition to the Act on the Supervision of Securities Trade
1995 (Act 1995) the AFM is also responsible for the Major
Holdings in Listed Companies Disclosure Act 1996; the purpose
of this Act is to increase the transparency of markets. The
allocation of powers and responsibilities under Wmz 1996 is
also comparable to that of the Act 1995.

2.Information exchange by the AFM to the FSC
The information which has been received from the AFM will not
be made public and will be treated as confidential. The FSC
will not use information supplied in a manner other or for
longer than, or to disclose the same in a manner or to persons
other than is necessary for the purpose of performing its
duties.

The FSC took notice of the requirements of the AFM's relevant
applicable law (the Act on the Supervision of Securities Trade
1995, the Major Holdings in Listed Companies Disclosure Act
1996) and declares that non-public information and documents
received by the FSC from the AFM will be non-public and
confidential and that the information obtained from the AFM
will be used exclusively to enforce the securities regulations
in Taiwan.

The FSC will ask the AFM's prior consent before disclosing or
transferring confidential information obtained from the AFM to
other authorities or third parties. In the following cases
where disclosure is necessary under the laws in Taiwan, the
FSC will apply the procedures as described below:
- For the purpose of performing its duties pursuant to the
Securities and Exchange Law and the Futures Trading Law, the
FSC will file a report with the criminal prosecutor in the
event the FSC is of the opinion that there is a violation of
the provisions of the Securities and Exchange Law and the
Futures Trading Law. Before filing this report the FSC will
notify the AFM;
- According to the Code of Criminal Procedure and the Code of
Civil Procedure in Taiwan, the staff of the FSC may be
forced to make a statement to a court as a witness or an
expert or to submit relevant documents. Whenever this
concerns information sent by the AFM, the FSC will notify
the AFM.
- Pursuant to the Constitution and the Exercise of the
Legislative Yuan's Authority and Duties Law in Taiwan, the
FSC may be requested by the Control Yuan and the Legislative
Yuan to submit original orders issued by the FSC and all
relevant documents for their perusal. Whenever this concerns
information sent by the AFM, the FSC will notify the AFM.

3.Requests for information from the AFM
If a request for information is made in writing and specifies
the following:
- a general description of the matter which is the subject of
the request and the purpose for which the information is
sought as well as the reasons why this information will be
of assistance;
- a description of the specific information which is
requested;
- in case the request is a result of investigations of
violations of any laws or regulations, a short description
of the relevant provisions that may have been violated, and,
if known, a list of persons or entities which may be in
possession of the information and the place where the
information may be available the FSC will provide the
fullest assistance within the competence of the FSC.

With respect to the conditions as mentioned above, the FSC
declares that the exchange of information between the AFM and
the FSC can be established.

This letter, together with your letter of June 7, 2006,
referred to above, constitute an exchange of letters between
the AFM and the FSC on this subject.

Yours sincerely,

Daung-Yen LU
Acting Chairman
Financial Supervisory Commission
Taiwan
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