沿革:
1.Signed on August 17, 2011;
Entered into Force on August 17, 2011.
The National Immigration Agency (NIA) of the Ministry of the
Interior of the Republic of China (ROC) and the Mongolia
Immigration Agency of the Ministry of Justice And Home Affairs,
hereinafter referred to as “ the Parties ”, on the principle
of equality and reciprocity, aiming at promoting cooperation
between the national immigration agencies of both countries,
being concerned about immigration issues and transnational
crimes, especially human-trafficking prevention, and hoping to
facilitate exchange and cooperation, have agreed as follows:
Article 1
Competent authorities
1. The competent authorities that conclude and implement this
MOU are:
a. The NIA of the Ministry of the Interior, ROC;
b. The Mongolia Immigration Agency, Ministry Justice and Home
Affairs.
2. The Parties shall dedicate themselves to engaging in exchange
activities and cooperation in accordance with their
respective domestic laws, as set out in the provisions of
this MOU and as required by their official responsibilities
and functions.
Article 2
Scope of cooperation
1. Cooperation in the prevention of human trafficking and
illegal immigration;
2 Cooperation in the exchange of skills related to entry and
exit control;
3. Cooperation in personnel training and in the sharing of
experience;
4. Other cooperative items agreed upon by the Parties.
Article 3
Forms of cooperation
For the purpose of effectively enforcing the provisions of
Article 2, the Parties shall, on the principle of equality and
reciprocity, cooperate as follows:
1. To exchange information regarding the amendments and the
changes to the legislation on status of foreign nationals as
well as nationals of both sides traveling each other ’ s
country;
2. To exchange visits for official business;
3. To invite one to three immigration officers from the other
Party to participate in immigration training held by one of
the Parties if possible;
4. To implement other mutual assistance that might be requested
but not mentioned above.
Article 4
Request for assistance
The Parties have agreed that requests for assistance shall be
made in writing. In case that the situation is urgent and the
requested Party has given its consent, the request for
assistance may be made in some other form but shall be confirmed
in writing within ten days after such a request is made.
The written request shall include the following content: The
name of the department that is making the request, the purpose
of the request, the particulars of the request, the summary of
the case and other information necessary for meeting the
request.
In case the request cannot be met due to inadequate information
contained in the content, the requesting Party may be required
to provide supplementary information.
Article 5
Request refusals
The Parties have agreed that in case that the request is beyond
the scope of their cooperation or that to meet the request will
disrupt the public order or good practice of the country of the
requested Party, it may refuse to grant the request along with
an explanation.
Article 6
Meeting requests
g) The Parties shall take necessary measures to ensure that the
request can be quickly and safely satisfied and inform the
requesting Party about the result of its actions to meet the
request.
h) The Parties shall immediately inform the requesting Party in
cases where it has no authority to satisfy the request.
Article 7
Confidentiality
The Parties shall ensure that mutually provided information,
documents, and personal data are kept confidential. In case that
the use of the aforementioned information is restricted or that
it is not used for the purpose for which it was provided or that
it is going to be shared with a third party, the consent of the
Parties that provides it shall be secured in advance.
Article 8
Expenses
g) The expenses needed for personnel training as stated in
subparagraph 3 of Article 3 shall be paid according to the
result of negotiations conducted on a case by case basis.
h) Other expenses incurred by one of the Parties after granting
a request made by the other Party in accordance with this MOU
shall be paid by the requested Party unless it is otherwise
negotiated by the Parties; In cases where the request
involves a large amount of expense or extra expenses, the
Parties shall negotiate beforehand to affirm the conditions
of the request and the defrayment of the expenses.
Article 9
Languages
The competent authorities of the Parties shall use English as
the medium of their communication when they engage in
cooperation in accordance with this MOU.
Article 10
Meetings and consultations
The leaders or representatives of the Parties may hold meetings
or conduct consultations in order to discuss and improve the
cooperation to be carried out in accordance with this MOU.
Article 11
Settlement of disputes
Disputes, arising from the application of this MOU, shall be
settled through negotiations as soon as possible by the Parties.
Article 12
Effectiveness, termination and amendments
1. This MOU shall be effective on the date of the signature by
the Parties and terminate thirty days after one of the
Parties notifies the other Party in writing of its
termination.
2. This MOU may be amended through negotiations by the Parties
IN WITNESS WHEREOF, the undersigned, being duly authorized by
their respective Government, have signed this Memorandum of
Understanding.
Signed in duplicate in Ulaanbaatar on the 17th day of August,
2011, in the Chinese, Mongolian and English languages, all texts
being equally authentic. In case of divergence in the
interpretation of this MOU, the English text shall prevail.
FOR THE NATIONAL FOR MONGOLIA
IMMIGRATION IMMIGRATION
AGENCY OF THE AGENCY OF THE
MINISTRY OF THE MINISTRY OF
INTERIOR OF THE JUSTICE AND HOME
REPUBLIC OF CHINA AFFAIRS OF
MONGOLIA
Director General Director General
HSIEH, LI-KUNG MUREN DASHDORJ