沿革:
1.Signed on December 11, 2012
Signed on November 16, 2012
Entered into force on December 11, 2012
The Anti-Money Laundering Division, Investigation Bureau,
Ministry of Justice, the Republic of China (Taiwan) and the
Financial Intelligence Unit of St. Vincent and the Grenadines
(SVGFIU) (each hereinafter referred to as an “ Authority ” or
collectively as “ the Authorities ” )desire, in a spirit of
co-operation and mutual interest, and within the framework of
each Authority ’ s national legislation, to facilitate the
exchange of information in support of the investigation or
prosecution of money laundering or terrorist financing.
To that end the Authorities have reached the following
understanding:
Objective
1、To set out a framework whereby the Authorities, to the
fullest extent allowed by the laws of their respective
countries, will provide to each other information they have
reasonable to suspect would be relevant to the investigation
or prosecution of money laundering or terrorist financing.
Information Exchange
2、To the extent authorized by the laws of its country, and
consistent with its own policies and procedures, each
Authority will provide, spontaneously or upon request from
the other, any available information that may be relevant to
the investigation or prosecution of money laundering or
terrorist financing. Information provided to an Authority may
only be used for purposes relevant to the investigation or
prosecution of money laundering or terrorist financing.
Justification of Request
3、A requesting Authority will, to the extent possible, provide
a brief statement of the underlying facts justifying any
request for information.
Disclosure of Information
4(a) Subject to 4(b), a receiving Authority shall not disclose
(including disclosure in an administrative, prosecutorial
or judicial proceeding) the information (except as set
forth in a request for information) without the express
prior consent of the providing Authority.
4(b) If an Authority is subject to legal process or proceedings
that would require the disclosure of information it has
received from the other Authority, the Authority subject to
such process or proceedings will immediately notify and
seek the express consent of the other Authority to disclose
the information, and if consent has not been provided,
reasonable efforts will be taken to ensure that the
information will not be disseminated to any third party or
that appropriate limitations are placed upon the
disclosure.
Use and Disclosure of Information Contained in a Request
5(a) Information contained in a request will only be used for
purposes relevant to investigating or prosecuting a money
laundering or terrorist financing offence.
5(b) The requested Authority may not, without the express prior
consent of the requesting Authority, disclose information
contained in the request for any purpose other than to
obtain information in order to respond to a request.
Notice
6. If an Authority decides not to respond to a request, the
Authority that received the request for information will
notify the requesting Authority of its decision.
Communication Procedures
7. 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. Communication
between the Authorities shall take place in English.
Confidentiality
8. All information exchanged by the Authorities will be
subjected to strict controls and safeguards to ensure that
the information is used only in an authorized manner and
treated in a confidential manner. Exchanged information will
be protected by the same confidentiality as provided by the
legislation of the country of the receiving Authority for
similar information received from domestic sources.
Further Cooperation
9. The Authorities will discuss other avenues of cooperation
between them in the prevention, detection and deterrence of
money laundering and terrorist financing.
Amendments
10.This Agreement may be amended at any time by mutual consent.
Term and Termination
11. This Agreement will become effective upon the day of
signature by the Authorities and be revocable at any time.
The termination will become effective as of the receipt by
an Authority of the written notification from the other
Authority. The terms and conditions of this Agreement
dealing with the confidentiality of information received
prior to the termination of this Agreement will remain in
effect after the termination of this Agreement.
In witness whereof, the undersigned, being duly authorized by
their respective competent authorities, have signed this
Agreement.
Signed in duplicate in the English language, being the agreed
authentic language and any necessary translation being the
responsibility of the Authority concerned.
For the Anti-Money For the Financial
Laundering Division, Intelligence Unit of St.
Investigation Bureau Vincent and the
Ministry of Justice, the Grenadines
Republic of China
(Taiwan)
Chih-Ping Chang Grenville Williams
Director Director
Date:Nov、16、2012 Date:DEC 11,2012
Place:Taipei Place:Kingstown