沿革:
1.Signed on April 14, 2006;
Entered into force on April 14, 2006;
The competent authorities of the Republic of China (Taiwan)
(Money Laundering Prevention Center, Investigation Bureau,
Ministry of Justice) and the Republic of the Marshall Islands
(Banking Commission), hereinafter referred to as "the
Authorities", desire, in a spirit of cooperation and mutual
interest, to facilitate the investigation and prosecution of
persons suspected of money laundering and criminal activity
related to money-laundering.
To that end they have reached the following understanding:
1.The Authorities will cooperate to assemble, develop and
analyze information and documents in their possession
concerning financial transactions suspected of being related
to money laundering or criminal activities connected with
money laundering. To that end, the authorities will exchange
spontaneously or upon request any available information that
may be relevant to the investigation by the Authorities into
financial transactions related to money laundering and the
persons or legal entities involved. Any request for
information will be accompanied by a brief statement of the
underlying facts, the alleged criminal activity involved and
the purpose for which the information and documents will be
used.
2.The information or documents obtained from the respective
Authorities will not be disseminated to any third party, nor
be used for administrative, prosecutorial or judicial purposes
without prior consent of the disclosing Authority. It is
understood that information obtained in accordance with this
Agreement shall only be used in connection with investigations
related to money laundering originating from specific
categories of criminal activity. Predicate offenses for the
offense of money laundering are acts that would be considered
criminal offenses under both jurisdictions' penal laws.
3.The Authorities will not permit the use or release of any
information or document obtained from the respective
Authorities for purpose other than those stated in this
Agreement.
4.The information acquired in application of the present
Agreement is confidential. It is subject to official secrecy
and is protected by at least the same confidentiality as
provided by the national legislation of the receiving
Authority for similar information from national sources.
Notwithstanding, the termination of the Agreement, this
provision shall remain in application.
5.The Authorities will jointly arrange, consistent with the
legislation of their respective countries, for acceptable
procedures of communication and will consult each other with
the purpose of implementing this Agreement.
6.Communication between the Authorities will take place in
English.
7.A requested Authority may refuse to provide information or
documents if:
(a) the Authority determines that release of the information or
documents requested is outside the scope of that Authority's
legal mandate;
(b) judicial proceedings have been initiated in the country of
the requested Authority in relation to the same acts or
omissions alleged to constitute the offence about which the
request for information or documents is made.
8.The Authorities will ensure that an effective audit trail is
maintained in respect of any information supplied under the
terms of this Agreement.
9.This Agreement may be amended at any time by mutual consent.
10. This Agreement is revocable at any time. The termination
will become effective from the date of receipt of the
written notification from the other Authority.
11. This Agreement will become effective upon the signature by
the Authorities.
Signed at Taipei, on the Fourteenth day of April of 2006, in the
English and Chinese languages, both texts being equally
authentic,
For the Republic of China For the Republic of
(Taiwan) the Marshall Islands
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Michael Y. M. Kau Gerald Zackios
Acting for Minister of Foreign Minister of Foreign Affairs
Affairs