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法規名稱: MEMORANDUM OF UNDERSTANDING BETWEEN JORDAN SECURITIES COMMISSION AND FINANCIAL SUPERVISORY COMMISSION TAIWAN REGARDING SECURITIES AND FUTURES REGULATORY COOPERATION
簽訂日期: 民國 96 年 04 月 11 日
生效日期: 民國 96 年 04 月 11 日
簽約國: 亞西地區 > 約旦
沿革:
1.Signed on April 11, 2007; Entered into force on April 11, 2007.

 
INTRODUCTION
1.The Financial Supervisory Commission Taiwan hereinafter
referred to as "FSC" is a single national financial regulator
in Taiwan and was established on July 1, 2004 under the
Organic Act of the Establishment of the Financial Supervisory
Commission. The FSC is responsible for regulation and
supervision of banking, insurance, securities and futures
markets and industries and has the ability to exercise powers
to obtain evidence on financial institutions or similar bodies
governed by the Banking Act, the Insurance Act, the Securities
and Exchange Act, the Futures Trading Act and relevant
legislation.
2.The Jordan Securities Commission hereinafter referred to as
"JSC" is a government agency established by virtue of the
Securities Law No. 23 of 1997, aims to protect investors in
securities, regulate and develop the Jordan capital market,
and protect the capital market from risks it might face. The
JSC regulates monitors and supervises the business operations
of the Amman Stock Exchange (ASE), the Securities Depository
Center (SDC), financial services companies, issuers of
securities, mutual funds, and financial professionals.
3.In this Memorandum of Understanding (hereinafter referred to
as "MOU"), "Authorities" in Taiwan and Jordan mean the FSC And
JSC respectively.
4.The FSC and JSC recognizing the increasing international
activities in the securities, futures and other related
investment products markets and the corresponding need for
mutual cooperation between the relevant authorities have,
after friendly consultation, reached the following
understanding.

I.PRINCIPLES
1.The purpose of this MOU is to promote investor protection
and integrity of the securities, futures and other related
investment products markets and to enforce and ensure
compliance with their respective Laws and regulatory
requirements by providing a framework for cooperation,
including channels of communication, increasing mutual
understanding and exchange of regulatory and technical
information.
2.This MOU serves as a basis of cooperation for the
Authorities and does not create any binding international
legal obligations, nor does it modify or supersede any laws,
regulations or regulatory requirements in force in or
applying to Taiwan and Jordan. The MOU does not create any
rights enforceable by third parties, nor does it affect any
arrangements under other MOUs.
3.The performance of the provisions of this MOU shall be
consistent with domestic laws, regulations and conventions
of the respective countries of the Authorities and within
the availability of respective resources of the Authorities,
and shall not be contrary to the public interests of the
country of the requested Authority.
4.To the extent permitted by its domestic laws and
regulations, each Authority will use reasonable efforts to
provide the other Authority with any relevant information
that is discovered which gives rise to a breach, or
anticipated breach of the regulatory requirements or laws in
the securities, futures and other related investment
products markets administered by the other Authority.

II.SCOPE
The Authorities agree to promote mutual assistance and
exchange of information to assist them to perform their
respective functions in relation to the following areas:
a) Ensuring the issuers and offerors of securities compliance
with any relevant laws and rules, and with requirements to
make full and fair disclosure of information relevant to
investors;
b) Enforcement of the laws and rules relating to issuing of,
dealing in, arranging deals in, managing and advising on
securities, futures and other investment products;
c) Promoting and securing the fitness and properness of
brokers/dealers and advisers in securities, futures and
other investment products markets, and promoting high
standards of fair dealing and integrity in the conduct of
business of these institutions and professionals;
d) Supervising and monitoring the trading, clearing and
settlement, and other activities of securities, futures
and other investment products markets, and their
compliance with relevant laws and regulations;
e) Detecting market manipulation, insider trading and other
deceptive and fraudulent practices concerning securities
issuing and trading, the activities of listed companies,
and trading of futures contracts, options and other
investment products;
f) Technical cooperation and assistance;
g) Other matters agreed upon by the Authorities.

III.REQUESTS AND EXECUTION
1.Requests will be made in writing in the English language
and addressed to the contact persons listed in Appendix A.
In urgent cases, requests may be made in summary form to
be followed within 10 business days by a full and detailed
request.
2.Requests should specify:
a) the information requested;
b) a description of the conduct or suspected conduct which
gives rise to the request;
c) the purpose for which the information is sought
(including details of the laws or regulatory
requirements pertaining to the matter which is the
subject of the request);
d) the link between the specified laws or regulations and
the regulatory functions of the requesting Authority;
e) the persons or entities suspected by the requesting
Authority to possess the information sought, or the
place where such information may be obtained, if the
requesting Authority is knowledgeable thereof;
f) to whom, if anyone, to the extent permitted by the
provisions of Chapter II, onward disclosure of
information is likely to be necessary and the reason
for such disclosure;
g) the desired time period for the reply.
3.The requested Authority will deal with the request in a
reasonable time.
4.Each request will be assessed by the requested Authority
to determine whether information can be provided under the
terms of this MOU. In any case where the request cannot be
accepted completely, the requested Authority will consider
whether there may be any relevant information which can be
given.
5.In deciding whether to accept or decline a request, the
requested Authority will consider:
a) whether the request relates to the breach of laws or
regulations which falls within the scope of the
requested Authority;
b) whether broadly equivalent assistance would be
available from the requesting Authority;
c) whether the request involves an assertion of a
jurisdiction not recognized by the requested Authority;
d) whether it would be contrary to the public interests of
the requested Authority;
e) whether a criminal proceeding has already been
initiated in the country of the requested Authority
based upon the same fact and against the same persons
or the same persons have already been finally
sanctioned on the same charges by the competent
Authorities of the requested Authority.
6.Any document or other materials provided in response to a
request under this MOU and any copies thereof must be
returned to the requested Authority on request.
7.Where one Authority has information which will assist the
other Authority in the performance of its regulatory
functions, the former may provide such information on a
voluntary basis in consistence with the paragraph 5 of
Chapter III.

IV.PERMISSIBLE USE AND CONFIDENTIALITY
1.Assistance or information will be provided by the
Authorities only for the purposes of assisting the other
party to this MOU in the performance of its regulatory
functions and shall not be used in any proceedings or for
any other related purposes. Each Authority will keep
confidential to the extent permitted by law any request of
information under this MOU as well as any matter arising in
the course of its operation. Any information or assistance
provided under the MOU will not be disclosed by the
recipient to any third parties without the prior consent of
the Authority providing the assistance or information,
except for the execution of request if the third party
concerned is covered by similar confidentiality
requirements.
2.While disclosing the information obtained pursuant to this
MOU to any third parties, the requesting Authority will
obtain an undertaking of keeping the information
confidential from the third parties, unless it is a legally
enforceable demand to disclose.
3.If either Authority becomes aware that information passed
under this MOU may be subject to a legally enforceable
demand to disclose, it will, to the extent permitted by
law, inform the other Authority of this situation. The
Authorities will then discuss and determine the appropriate
courses of action.

V.TECHNICAL COOPERATION
The respective Authorities intend to work together to identify
and address, subject to the availability of personnel and
resources, the training and technical assistance required to
facilitate the development of the regulatory framework for
securities, futures and other related investment products
markets both in Taiwan and Jordan.
VI.CONSULTATION
1.The Authorities will consult in the event of a dispute over
the meaning of any term used in this MOU.
2.The Authorities may consult, at any time, about a request
or proposed request.
3.The Authorities may consult and revise the terms of the MOU
in the event of a substantial change in the laws,
regulations or practices affecting the operation of the
MOU.
4.To improve the cooperation under this MOU, the Authorities
will conduct consultations and discussions on the
implementation of the MOU periodically or when necessary.

VII.CONTACT PERSONS
All communications between the Authorities should be between
the principal points of contact as set out in Appendix A
unless otherwise agreed. Appendix A may be amended by
written notice from either Authority without the need for
resigning this MOU.

VIII.ENTRY INTO EFFECT
This MOU will be effective from the date of its signature.

IX.TERMINATION
This MOU may be terminated as to any Authority by that
Authority giving thirty days' written notice to the other
Authority. This MOU will continue to have effect with respect
to all requests for assistance that are made before the
effective date of termination.

SIGNED THIS 11TH DAY OF APRIL 2007 IN INDIA


REPRESENTATIVE OF REPRESENTATIVE OF
FINANCIAL JORDAN
SUPERVISORY SECURITIES
COMMISSION COMMISSION
TAIWAN

─────────── ───────────
Sheng-Cheng Hu, Ph.D Dr. Bassam SAKET
Chairperson Executive Chairman


APPENDIX A

CONTACT PERSONS

Taiwan Financial Supervisory Commission
Dr. Tien-Wei LOU
Acting Director General
Department of International Affairs
Financial Supervisory Commission Taiwan
18F, No.7, Sec.2, Sianmin Blvd.
Banciao City
Taipei County 220,
Taiwan
Tel. : 886289680890
Fax. : 886289691162
Email: tienwei@fscey.gov.tw

Jordan Securities Commission
Mr. Mazen Wathaifi
Director
Research and International Affairs Dept.
Jordan Securities Commission
P.O.Box 8802
Amman 11121
Hashemite Kingdom of Jordan
Tel. : 96265607171
Fax. : 96265686830
Email: mazenwath@jsc.gov.jo
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