沿革:
1.Signed on September 28,2012
Entered into force on September 28,2012
The Taipei Economic and Trade Office in Indonesia and the
Indonesian Economic and Trade Office to Taipei(hereinafter
referred to as “ the Parties ” ),on the principle of equality
and reciprocity, aiming at promoting cooperation between the
national immigration agencies, being concerned about immigration
affairs and transnational crimes, especially human-trafficking
and people smuggling prevention, and hoping to facilitate
exchange of information and cooperation in mutual benefit
between two agencies, have agreed as follows:
Article 1
Objectives
1. The objective of this Memorandum of Understanding
(hereinafter referred to as MOU)is to provide a frame work
cooperation on immigration affairs between the national
immigration agencies in order to achieve greater cooperation.
2. The Parties shall dedicate to facilitate both the national
immigration agencies 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 exchange of anti-terrorist intelligence
and in the prevention of human trafficking, people smuggling
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, including fugitive fled on
corruption cases.
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 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 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 Authorities, have signed this MOU.
Signed in duplicate in Taipei on the 28 September, 2012, in the
Chinese, Indonesia and English languages, all texts being
equally authentic. In case of divergence in the interpretation
of this MOU, the English text shall prevail.
The Taipei Economic and The Indonesian Economic
Trade Office in Indonesia and Trade Office to Taipei
Representative Representative
Andrew L.Y. Hsia Ahmad Syafri