1. This Memorandum of Understanding (hereinafter referred to as
“ Memorandum ” ) is made between the following Authorities:
The Financial Analysis and Supervision Unit (FASU), Bank of
Papua New Guinea, established under Papua New Guinea ’ s
Anti-Money Laundering and Counter Terrorist Financing Act
2015; and The Anti-Money Laundering Division, Investigation
Bureau, Ministry of Justice of the Republic of China
(Taiwan), established under the Republic of China (Taiwan) ’
s Organic Act for Investigation Bureau, Ministry of Justice.
2. In this Memorandum:
(a) The requesting Authority is the Authority which makes a
request for the provision of information, or to which
information is unilaterally disclosed, as allowed for under
this Memorandum; and
(b) The requested Authority is the Authority to which a request
for information has been made, or which unilaterally
discloses information, as allowed for under this
3. In the spirit of cooperation and mutual interest and within
the framework of each Authority ’ s domestic legislation,
policies and procedures to facilitate the exchange of
information in support of investigations related to money
laundering, terrorist financing, related crimes, enforcement
of proceeds of crime action and supervision and enforcing
compliance with anti-money laundering and counter terrorist
financing laws, the Authorities have reached the
understandings set out in this Memorandum.
Exchange of information and intelligence
4. To the extent authorised by its own domestic laws and
consistent with its own policies and procedures, each
Authority will provide unilaterally or upon request any
available information and intelligence in its possession,
that it has access to or that it is authorised by law to
collect, that may be relevant to:
(a) detecting, investigating or prosecuting a person suspected
of engaging in money laundering, terrorist financing or
other indictable offence;
(b) enforcing or taking action under a proceeds of crime law;
(c) supervising and enforcing compliance with an anti-money
laundering and counter terrorist financing regulation and
5. Information and intelligence exchanged between the
Authorities, will be used only for intelligence purposes and
will not be used as evidence in any civil or criminal
Making a request for information or intelligence
6. When making a request for information or intelligence, the
requesting Authority will disclose at a minimum:
(a) the reason for the request;
(b) the purpose for which the information or intelligence will
be used, including whether it will be used for any civil or
criminal proceeding or in any administrative action;
(c) the law enforcement agency including other entity or person
which will be given access to the information or
intelligence and the reasons for providing the information
or intelligence to such agency or other entity or person;
(d) sufficient information to enable the requested Authority to
determine whether the request complies with its domestic
laws, policies and procedures.
Use and disclosure of information or intelligence by requesting
7. The requesting Authority will:
(a) use the information or intelligence provided by the
requested Authority only for the purposes set out in the
request or permitted under this Memorandum;
(b) disclose the information or intelligence provided in
response only to the persons identified in the request
unless the prior written consent of the requested Authority
is obtained; and
(c) not use the information or intelligence received from the
requested Authority as evidence in any proceedings including
in administrative, civil and criminal proceedings as such
information is only for intelligence purposes.
8. The requesting Authority will include a warning notice on any
information or intelligence that it provides to a law
enforcement agency identified in a request for information or
intelligence. The notice will be sufficient to place the law
enforcement agency on notice that the information or
intelligence cannot be disclosed to any other party unless
prior written consent of the requested Authority is obtained.
Use and disclosure of information by requested Authority
9. The requested Authority may not disclose information
contained in the request for information to third parties, or
for use for purposes not identified in the request, without
the prior written consent of the requesting Authority.
10. Nothing in this Memorandum prevents the requested Authority
from transmitting the following information to other
appropriate agencies of the requested Authority ’ s
(a) The content of the request to obtain information or
intelligence in response to the request; or
(b) The identity of both the requesting Authority and the
individual or entity that is the subject of the request to
facilitate coordination between other appropriate agencies
of the requested Authority ’ s government.
11. If an Authority is subject to a legal process or proceeding
that would require the disclosure of information or
intelligence it has received from the other Authority, the
Authority subject to such process or proceeding will
immediately notify and seek written consent of the other
Authority to disclose the information or intelligence.
12. In the event that the other Authority objects to the
disclosure of its information or intelligence as described
in paragraph 11, the Authority subject to the legal process
or proceeding will take reasonable efforts to ensure that
the information or intelligence will not be disseminated to
any third party or that appropriate limitations are placed
upon the disclosure.
Confidentiality and controls
13. All information and intelligence exchanged by the
Authorities will be subject to strict controls and
safeguards to ensure that it is used only in an authorised
manner and treated as confidential.
14. The confidentiality of exchanged information and
intelligence shall be protected to the same extent as
provided by the domestic legislation of the receiving
Authority for similar information and intelligence received
from domestic sources.
Refusal of requests
15. A requested Authority may refuse to provide information or
intelligence if that Authority determines that release of
the information or intelligence requested may unduly
prejudice an investigation or proceeding in its country.
16. A requested Authority has discretion not to provide
information or intelligence:
(a) if a civil or criminal proceeding has 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 intelligence is made;
(b) if provision of such information or intelligence would be
likely to prejudice the sovereignty, security, national
interest or other essential interests of the country of the
requested Authority; or
(c) if the intent is to use the information or intelligence for
purposes other than those specified in the request.
17. Each Authority will jointly arrange for acceptable
procedures of communication, consistent with its
legislation, policies and procedures, and will consult with
each other for the purpose of implementing this Memorandum.
18. A request for information or intelligence will be actioned
by the other Authority in a timely manner.
19. Communication between the Authorities will take place in
20. In addition to the exchange of information and intelligence,
the Authorities will cooperate in other ways. This may
include the exchange of general information including
analysis of financial data, exchange of studies, research,
information on current, new and emerging trends and
typologies regarding money laundering, predicate offences of
money laundering, terrorist financing and other indictable
Maintain audit trail
21. Each Authority will maintain an effective audit trail of the
information and intelligence exchanged under the terms of
Conduct of the Authorities
22. In facilitating the exchange of information and intelligence
pursuant to this Memorandum, the Authorities will not engage
in any conduct that is contrary to this Memorandum.
23. The Authorities will use their best efforts to settle
amicably any disputes arising out of or in connection with
this Memorandum or its interpretation.
Amendments to this Memorandum
24. This Memorandum may be amended at any time by mutual written
consent of the Authorities.
25. Any variation to the Memorandum will require the issue of a
new Memorandum signed by the Authorities.
Commencement and termination of this Memorandum
26. This Memorandum will come into effect on the day it is
signed by both Authorities.
27. The previous Memorandum, which was signed by the Financial
Intelligence Unit (Anti-Money Laundering Division,
Investigation Bureau, Ministry of Justice), the Republic of
China (Taiwan) and the Financial Intelligence Unit of Papua
New Guinea in 2012, will be terminated on the day this
Memorandum is signed by both Authorities. The terms and
conditions of the previous Memorandum dealing with the
confidentiality of information received prior to the
termination will remain in force after the termination of
28. Either Authority may terminate this Memorandum for whatever
reason, at any time by giving a notice in writing. The
termination will become effective once such notification has
29. The terms and conditions of this Memorandum dealing with the
confidentiality of information received prior to the
termination of this Memorandum will continue to have effect
after the termination of this Memorandum.
IN WITNESS WHEREOF, the undersigned, being duly authorized by
their respective Authorities, have signed this Memorandum.
Signed in duplicate at Canberra, Australia, on this 20 of August
2019, in the English language.
For the Anti-Money For the Financial
Laundering Division, Analysis and
Investigation Bureau, Supervision Unit, Bank
Ministry of Justice, of Papua New Guinea
Republic of China
Mr Hung-Chin Lee Mr Benny BM
In the presence of:
Name of Witness
Signature of Witness