1.Signed on June 05, 2014
Entered into force on June 05, 2014
The Anti-Money Laundering Division of the Investigation Bureau
of the Ministry of Justice of the Republic of China (Taiwan)
(AMLD) and the Financial Transactions and Reports Analysis
Centre of Canada (FINTRAC), hereinafter referred to as “ the
DESIRING, in a spirit of cooperation and mutual interest, and
within the framework of the laws of their respective countries,
to facilitate the exchange of information in support of the
investigation or prosecution of money laundering or terrorist
INTENDING to foster said information exchange to the fullest
Have reached the following understanding:
1. The objective of this Memorandum of Understanding
(hereinafter referred to as “ MOU ” )is to set out a
framework whereby the Authorities, to the full extent allowed
by the laws of their respective countries, will provide to
each other information they have reasonable grounds to
suspect would be relevant to the investigation or prosecution
of money laundering or terrorist financing.
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. The Authorities understand that
information provided by 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 paragraph 4(b), a receiving Authority will 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
Use and Disclosure of Information Contained in a Request
5(a). The Authorities understand that 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 the request.
6. If the requested Authority decides not to respond to a
request, it will notify the requesting Authority of its
7(a). The Authorities will jointly arrange, consistent with the
laws of their respective countries, for acceptable
procedures of communication and will consult each other
with the purpose of implementing this MOU.
7(b). Communication between the Authorities shall take place in
8. The Authorities understand that:
(i) All information exchanged between them 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.
(ii) 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.
9. The Authorities will discuss other avenues of cooperation
between them in the prevention, detection and deterrence of
money laundering and terrorist financing.
10. The Authorities may amend this MOU in writing at any time
by mutual consent in accordance with their internal
11. This MOU will become effective upon the last signature by
12. Either Authority may terminate this MOU at any time upon
written notice to the other Authority. The provisions of
this MOU dealing with the confidentiality of information
received prior to the termination of this MOU will remain in
effect after its termination.
In witness whereof, the undersigned, being duly authorized by
their respective Authorities, have signed this MOU.
Signed in duplicate in the Chinese, French and English
languages, each version being equally valid.
For the Anti-Money For the Financial
Laundering Division of Transactions and
the Investigation Reports Analysis
Bureau of the Ministry Centre of Canada at
of Justice of the
Republic of China
At Lima, Peru At Lima, Peru
On the day of June 5, 2014 On the day of June 5, 2014
Su-Hua (Pam) Feng Gerald Cossette
Acting Director Director