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法規名稱: MEMORANDUM OF UNDERSTANDING BETWEEN THE TAIPEI LIASON OFFICE IN THE REPUBLIC OF SOUTH AFRICA AND THE LIAISON OFFICE OF THE REPUBLIC OF SOUTH AFRICA IN TAIPEI ON POLICE COOPERATION
簽訂日期: 民國 92 年 02 月 21 日
生效日期: 民國 92 年 02 月 21 日
簽約國: 非洲地區 > 南非
沿革:
1.Signed on February 21 , 2003; Entered into force on February 21, 2003.

 
PREAMBLE
The Taipei Liaison Office in the Republic of South Africa and t-
he Liaison Office of the Republic of South Africa in Taipei (he-
reinafter jointly referred to as the "Parties" and separately as
a "Party");
WISHING to ensure and promote mutual assistance between law enf-
orcement authorities;
BEING concerned about crime, expecially in its organized forms;
MOTIVATED by the desire to make an active contrbution in combat-
ing criminal activity in all its forms;
HEREBY reach the following understandings:
Article 1
COMPETENT AUTHORITIES AND COOPERATION
(1) The competent authorities responsible for the implementation
of this Memorandum of Understanding will be -
(a) in the case of the authorities of Taiwan, the national po-
lice Administration; and
(b) in the case of the South frican authorities, the South Af-
rican Police Service.
(2) The competent authorities will use thir best efforts to coo-
perate in accordance with the provisions of this Memorandum
of Understanding, acting under their jurisdiction and subje-
ct to the domestic law applicable to the Parties.
Article 2
AREAS OF COOPERATION
(1) The competent authorities will cooperate in preventing, det-
ecting, suppressing and investigating crime, including, but
not limited to -
(a) corruption and organized crime;
(b) illicit traffickig in firearms, ammunition,explosives and
poisonous substances, including radioactive materials;
(c) the illicit production of the traffic in narcotic drugs a-
nd psychotropic substances, including those materials whi-
ch are used in their production;
(d) economic crimes, including money laundering;
(e) the production and sale of forged banknotes, securities a-
nd other frauduent documents;
(f) trafficking in stolen goods; and
(g) trafficking in persons.
(2) The competent authorities will also cooperate in the area of
training of personnel.
(3) This Memorandum of Understanding does not apply to extradit-
ion and mutual legal assistance in criminal matters.
Article 3
MANNER OF COOPERATION
In order to give effect to the provisions of Article 2, coopera-
tion between the competent authorities is to take place in the
following manner.
(a) The exchange of information of interest relating to crimes
which are being planned or have been committed and to perso-
ns and organizations involved in these crimes;
(b) the execution of requests as contemplated in article 5;
(c) the search for persons who are evading criminal prosecution
or execution of a sentence and also for persons who are rep-
orted missing;
(d) the exchange of information, including operational and fore-
nsic information, relating to narcotic drugs and psychotrop-
ic substances, technology relating to their production and
the materials which were used, as well as new methodsa of e-
xamination and identification of narcotic drugs and psychot-
ropic substances;
(e) the exchange of samples of drugs, psychotropic substances a-
nd substances used to make them;
(f) the exchange of working experience;
(g) the exchange of legislation;
(h) the exchange, on a mutually benefical basis, of scientific
and technical literature and date related to the functions
of the competent authorities.
Article 4
DEVELOPMENT OF COOPERATION
With due regard to the provisions of article 2, this memorandum
of Understanding does not preclude the competent authorities f-
rom determining and developing other areas and forms of cooper-
ation.
Article 5
REQUESTS FOR ASSISTANCE
(1) Cooperation within the framework of this Memorandum of Unde-
rstanding is to take place on the basis of requests for ass-
istance from the interested competent authority or on the i-
nitiative of the competent authority which deems such assis-
tance to be of interest to the other competent authority.
(2) Requests for assistance will be made in writing. In cases of
emergency, requests may be made orally, but will be confirm-
ed in writing within seven days.
(3) Should there be any doubt about the authenticity or the con-
tent of the request, further confirmation may be requested.
(4) Requests for assistance will contain -
(a) the name of the agency of the competent authority which a-
pplies for assistance and the name of the agency of the c-
ompetent authority to whcih application has been made for
assistance;
(b) details of the case;
(c) the purpose of and grounds for the request;
(d) a description of the assistance requested; and
(e) any other information which may assist in the effective e-
xecution of the request.
(5) Requests for assistance will be signed by the head of the c-
ompetent authority or its delegate.
Article 6
REFUSAL OF ASSISTANCE
(1) Assistance within this Memorandum of Understanding may be r-
euse wholly or partially, if the requested competent author-
ity deems the execution of the request to be detrimental to
the security, public order or other essential interests of
the jurisdiction represented by it, ordeems it to be in con-
flict with the domestic law or international obligations ap-
plicable to the relevant Party.
(2) Assistance may be refused by the requested competent author-
ity if the act in relation to which the request was forward-
ed is not punishable under the domestic law applicable to t-
he relevant Party.
(3) Assistance may also be refused if execution of the request
imposes an excessive burden on the resources of the request-
ed competent authority.
(4) Should it be possible, the requested competent authority wi-
ll, before taking a decision to refuse the assistance reque-
sted in accordance with subArticles (1) and (2), consult wi-
th the requesting competent aurhority in order to establish
whether the assistance may be granted on the conditions whi-
ch the requested competent authority may impose. If the req-
uesting competent authority agrees to receive assistance un-
der the suggested conditions, it will comply with these con-
ditions.

(5) The requesting competent authority will be notified in writ-
ing about full or partial refusal to execute the request to-
gether with an explanation of the reasons for such refusal.
Article 7
EXECUTION OF REQUESTS
(1) The requested competent authority will take all necessary m-
easures to ensure the prompt and full execution of requests.
(2) The requesting competent authority will be notified immedia-
tely of any circumstances hampering the execution of the re-
quest or causing considerable delay in its execution.
(3) If the execution of the request does not fall within the co-
mpetence of the requested competent authority, it will imme-
diately notifythe requesting competent authority accordinag-
ly.
(4) The requested competent authority may request such further
information as it deems necessary to duly exectethe request.
(5) If the requested competent authority considers that the imm-
ediate excution of the request may hamper criminal prosecut-
ion, other proceedings or investigations being carried out
in its country, it may suspend the execution of the request
or allow the execution under conditions which were set as n-
ecessary after consultations with the requesting competent
authority. If the requesting competent authority agrees to
receive assistance under the suggested condition, it will c-
omply with these conditions.
(6) On receipt of the application made by the requesting compet-
ent authority, the requested competent authority will take
all necessary measures to ensure the confidentiality of the
fact that the request was made, its contents and annexed do-
cuments, as well ad the fact of providing assistance. If it
is not possible to execute the request without preserving i-
ts confidentiality, the requested competent authority will
inform the requesting competent authority accordingly, after
which the latter may decide as to whether it will be accept-
able to execute the request under such conditions.
(7) The requested competent authority will, at its earliest con-
venience, inform the requesting competent authority about t-
he results of the execution of the request.
Article 8
LIMITATIONS RELATING TO THE USE OF INFORMATION, DOCUMENTS AND P-
ERSONAL DATA
(1) Each competent authority will ensure the confidentiality of
information, documents and personal data received from the
other competent authority, if they are restricted or the l-
atter competent authority disapproves of its disclosure. t-
he degree of such a restriction is to be determined by the
providing competent authority.
(2) Information, documents and perwsonal data received in accor-
dance with this memorandum of understanding are not to be u-
sed without the consent of the providing competent authority
for purposes other than those for which they were requested
and provided.
(3) In order to share information, documents and personal data
received by a competent authority in accordance with this m-
emorandum of understanding with a third party, the prior co-
nsent of the providing competent authority is required.
Article 9
EXPENSES
Ordirnary expenses incurred in processing a request in terms of
this Memorandum of understanding will be borne by the requested
party, unless otherwise agreed upon by the Parties. Should the
request involve high or extraordinary expenses, the Parties will
consult each other in order to establish the terms and conditio-
ns under which the request is to be processed, and the way in w-
hich the expenses are to be borne.
Article 10
LANGUAGE
The competent authorities, in the course of their cooperation in
accordance with this memorandum of Understanding, wil use Engli-
sh as the medium of communication.
Article 11
MEETINGS AND CONSULTATIONS
The representatives of the competent authorities will, when nec-
essary, have meetings and consultations with a view to descussi-
ng and improving cooperation in accordance with this Memorandum
of Understanding.
Article 12
SETTLEMENT OF DISPUTES
Any dispute arising out of the iterpretation or implementation
of this memorandum of understanding will be settled amicably th-
rough consultation or negotiation between the parties.
Article 13
ENTRY INTO FORCE, TERMINATION AND AMENDMENT
(1) This memorandum of Understanding will enter into effect of
the date of signature thereof.
(2) This memorandum of understanding will remain in effect until
terminated by either Party giving six months written notifi-
cation in advance to the other Party of tis intention to te-
rminate it.
(3) This Memorandum of understandomg may be amended by mutual c-
onsultation between the parties.
IN WITNESS WHEREOF the undersigned, have signed this Memorandum
of Understanding in two originals in the Chinese and English la-
nguages. In case of divergence between the texts, the English t-
ext will prevail.

Done at .......... on this ...... day of ..........in this year
2003.



........................ ........................
FOR THE TAIPEI LIAISON FOR THE LIAISON OFFICE OF
OFFICE IN THE REPUBLIC OF THE REPUBLIC OF SOUTH
SOUTH AFRICA AFRICA IN TAIPEI