1.Signed on March 28, 2011;
Entered into Force on March 28, 2011.
The Anti-Money Laundering Division, Investigation Bureau,
Ministry of Justice, Republic of China and Financial Information
Unit, Nepal Rastra Bank, Nepal hereinafter referred to as “ the
Authorities ”, desire, in a spirit of cooperation and mutual
interest, and within the framework of each Authority ’ s
national legislation, to facilitate the prevention and detection
of money laundering and also to facilitate the analysis and
investigation of persons or companies suspected of criminal
activity related to money laundering and/or financing of
To those ends, they have reached the understandings set forth
1. Scope of Cooperation
The Authorities will cooperate to exchange financial
intelligence, in the form of information or documents
concerning financial transactions suspected of being related
to money laundering or criminal activities connected with
money laundering and/or financing of terrorism. To that end,
the Authorities will exchange spontaneously, reciprocally or
upon request any available financial intelligence that may be
relevant to the investigation by the Authorities into
financial transactions related to money laundering and/or
financing of terrorism and the persons or companies involved.
2. Requests for Financial Intelligence
The requesting Authority should disclose to the requested
Authority at a minimum the reason for the request, the
purpose for which the information will be used and enough
information to enable the requested Authority to determine
whether the request complies with its domestic law.
3. Uses of Financial Intelligence
a. Financial intelligence exchanged between the Authorities may
be used only for the specific purpose for which the
financial information was sought or provided.
b. The receiving Authority may not transfer financial
intelligence shared by a disclosing Authority to a third
party, nor make use of the financial intelligence for
investigative, prosecutorial or judicial purposes, without
the prior consent of the disclosing Authority.
c. It is understood that information obtained in accordance
with this Memorandum of Understanding can be used in justice
only when related to money laundering originating from
predicate offences and/or related to financing of terrorism
as provided by the national legislation of the respective
4. Confidentiality of Financial Intelligence
The financial intelligence acquired in application of this
Memorandum of Understanding and the fact that the information
was provided should be kept confidential. It should be
protected by at least the same confidentiality as provided by
the national legislation of the receiving Authority for
similar information from national sources.
5. Refusal of Providing Financial Intelligence
The Authorities are under no obligation to give assistance if
judicial proceedings have already been initiated concerning
the same facts as the request is related to.
6. Working Meetings and Consultations
If necessary, the representative of the Authorities will hold
working meetings and consultations in order to discuss how to
reinforce the cooperation within this Memorandum of
Understanding, and make it more efficient.
7. Communication between the Authorities
Communication between the Authorities shall take place in the
8. Effective date; Amendment; Termination
a. This Memorandum of Understanding will become effective upon
the date of signature by the Authorities.
b. This Memorandum of Understanding may be amended at any time,
in writing, as mutually agreed by the Authorities.
c. Either Authority may terminate this Memorandum of
Understanding by giving a notice in writing to the other
Authority, at least three months prior to the intended date
d. Notwithstanding, the termination of this Memorandum of
Understanding, the confidential provision referred to in
Article 4 shall remain in application.
IN WITNESS WHEREOF, the undersigned, being duly authorized by
their respective Laws or Governments, have signed this
Memorandum of Understanding.
Signed in Taipei, Republic of China, this 28th of March, 2011,
in duplicate copies in the English language, this English
version being the agreed authentic text and each Authority takes
the responsibility for establishing translation into their own
Chi-Ping Chang Dharma Raj Sapkota
Director General Director
Investigation Bureau Financial Information
Ministry of Justice Unit
Republic of China Nepal Rastra Bank