The Anti-Money Laundering Division (AMLD), Investigation Bureau,
Ministry of Justice, Republic of China and the Hungarian
Financial Intelligence Unit (HFIU), National Tax and Customs
Administration, Hungary, hereinafter referred to as "the FIUs",
desire, in a spirit of cooperation and mutual interest, to
facilitate the analysis concerning cases of suspected money
laundering, associated predicate offences and terrorism
financing, with a view to disseminating information which may
ultimately result in investigations and prosecutions by
competent authorities in their respective countries.
To that end, having regard to the relevant documents of the
Egmont Group and, particularly, the “ Charter ” and the “
Principles for Information Exchange between Financial
Intelligence Units ”, the FIUs have reached the following
1. The FIUs will cooperate to assemble, develop and analyse
information relevant to suspected money laundering,
associated predicate offences and terrorism financing.
2. The FIUs will freely exchange spontaneously or upon request
the widest range of information available or obtainable.
3. The FIUs will conduct queries on behalf of the requesting
counterpart and provide all information that they would be
able to obtain if such queries were carried out domestically.
In particular, the FIUs will provide:
a. all information required to be accessible or obtainable
directly or indirectly; this includes in particular the
information that the FIUs have the power to obtain for
their domestic analysis; and
b. any other information which the FIUs have the power to
obtain or access, directly or indirectly, at the domestic
4. The information or documents obtained from the requested FIU
can be used or disseminated only for intelligence purposes.
The information or documents obtained from the requested FIU
cannot be used or disseminated as evidence. The information
or documents obtained from the respective FIUs will not be
disseminated to any third party, nor be used for
administrative or investigative purposes without prior
consent of the disclosing FIU. It is understood that
information obtained in accordance with this Memorandum of
Understanding (MOU) can only be used in analysis and
investigation when related to money laundering, associated
predicate offences, or terrorism financing.
5. To enable a timely and efficient execution of the requests,
the FIUs will make their best efforts to provide, in the
requests, relevant factual and legal information, including
the description of the case being analysed and the potential
link with the country of the requested counterpart. They will
also indicate any need for urgency.
6. The FIUs will indicate the reasons for the requests, the
parties on behalf of whom those are sent and, to the extent
possible, the purpose for which the information will be used.
7. The FIUs will not refuse to provide assistance on the grounds
a. the request is also considered to involve fiscal matters;
b. laws require financial institutions or designated
non-financial businesses and professions (except where the
relevant information that is sought is held under
circumstances where legal privilege or legal professional
secrecy applies) to maintain secrecy or confidentiality;
c. there is an inquiry, investigation or proceeding underway
in the Country of the FIU receiving the request, unless
the assistance would impede that inquiry, investigation or
d. the nature or status (civil, administrative, law
enforcement etc.) of the requesting FIU is different to
e. the case to which the request refers to is not considered
relevant or suspicious or the specific type of the
predicate offence is not known in the analytical phase.
8. The FIUs will acknowledge receipt of the requests and will
respond to such requests in a timely manner. The FIUs will
further use their best efforts to provide interim or partial
responses in a timely manner in such cases where there may be
a delay in providing a full response.
9. The FIUs will use the information exchanged only for the
purpose for which it was sought or provided. Any
dissemination of the information to other authorities or any
use of this information beyond those originally approved will
be subject to prior authorization by the requested
10. The prior consent for further use or dissemination will be
granted by the FIUs promptly and to the largest extent
possible. Such consent will not be refused unless this would
fall beyond the scope of application of the providing FIU`s
AML/CFT provisions, could impair a criminal investigation,
would be clearly disproportionate to the legitimate
interests of a natural or legal person or the State of the
providing FIU or would otherwise not be in accordance with
fundamental principles of its national law.
11. Any refusal to provide the prior consent will be
appropriately motivated and explained and the FIUs will
explore alternative ways (e.g. through mutual legal
assistance channels) to ensure that the information
exchanged can be used by competent law enforcement agencies
12. Upon request and whenever possible, the FIUs will provide
feedback to its counterparts on the use of the information
provided, as well as on the outcome of the analysis
conducted, based on the information provided.
13. The information acquired in application of the present MOU
is confidential. It is protected by at least the same
confidentiality as provided by the national legislation of
the receiving FIU for similar information from national
14. Exchanges of information will take place in a secure way and
through reliable channels or mechanisms. To this end, the
FIUs will use the Egmont Secure Web or other recognized
networks that ensure levels of security, reliability and
effectiveness at least equivalent to those of the Egmont
15. The FIUs 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 MOU.
16. In interpreting and implementing this MOU the FIUs will
ensure consistency with the provisions of the Egmont Group,
particularly with the “ Charter ” and the “ Principles
for Information Exchange between Financial Intelligence
Units ”. The FIUs will abide directly by these provisions
for any further issue which is not covered in this MOU.
17. Communication between the FIUs shall take place in English.
18. This MOU will become effective upon the date of signature by
19. This MOU may be amended at any time by mutual consent in
20. This MOU is revocable at any time. The termination will
become effective as from the reception of the written
notification from the other FIU.
IN WITNESS WHEREOF, the undersigned, being duly authorized by
their respective Authorities, have signed this MOU.
Signed at Doha, Qatar, on 31 of January, 2017, in duplicate in
the English language, this English version being the agreed
authentic text and each FIU takes the responsibility for
establishing translation in their own language.
For Anti-Money For Hungarian
Laundering Division, Financial Intelligence
Investigation Bureau, Unit,
Ministry of Justice, National Tax and
Republic of China Customs
Hung-Chin(Gilbert) Lee Gabor Simonka
Director of Head of Hungarian
Anti-Money Financial Intelligence
Laundering Division Unit