沿革:
1.Signed on October 17, 2012
Signed on August 08, 2012
Entered into force on October 17, 2012
The Ministry of the Interior of the Republic of China (ROC) and
The Ministry of Interior of the Republic of The Gambia,
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 implement this Agreement are:
a. The National Immigration Agency of the Ministry of the
Interior of the Republic of China
b. The Gambia Immigration Department of the Ministry of Interior
of the Republic of the Gambia.
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 Agreement and as required by their official
responsibilities and functions.
Article 2
Scope of Cooperation
1. Cooperation in the exchange of anti-terrorist intelligence
and in the prevention of human trafficking and illegal
immigration;
2. Cooperation in the exchange of skills related to entry and
exit control;
3. Cooperation between immigration agencies; 4. Cooperation in
personnel training and in the sharing of experience;
5. 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 criminal information;
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
1. 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.
2. 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
1. 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.
2. Other expenses incurred by one of the Parties after granting
a request made by the other Party in accordance with this
Agreement 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 Agreement.
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 Agreement.
Article 11
Settlement of Disputes
Disputes, arising from the application of this Agreement, shall
be settled through negotiations as soon as possible by the
Parties.
Article 12
Effectiveness, Termination and Amendments
1. This Agreement shall be effective on the date of the last
signature by the Parties and terminate thirty days after one
of the Parties notifies the other Party in writing of its
termination.
2. This Agreement may be amended through negotiations by the
Parties.
FOR THE MINISTRY OF FOR THE MINISTRY OF
THE INTERIOR OF THE INTERIOR OF THE
REPUBLIC OF CHINA REPUBLIC OF THE
GAMBIA
Minister Minister
LEE, HONG-YUAN HON.OUSMAN SONKO
Place :08/08/2012 Place :17/10/2012
Date :Taipei, Taiwan Date : BANJUL THE
GAMBIA