The competent authorities of the Anti-Money Laundering Division,
Investigation Bureau, Ministry of Justice, Republic of China
(Taiwan), and the Financial and Economic Analysis Unit (“ FEAU
” )of the Republic of Ecuador, hereinafter referred to as “
Authority (ies) ”, desire, in a spirit of cooperation,
reciprocity, and mutual interest, to facilitate the exchange of
information and analysis to combat and prevent money laundering,
financing of terrorism and the proliferation of weapons of mass
destruction.
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 ”, Authorities have reached the following
understanding:
Obligations for the Authority making the request
1. When requesting co-operation, Authorities shall make their
best efforts to provide complete, factual and, as
appropriate, legal information including the description of
the case being analyzed and the potential link with the
country receiving the request. This includes indicating any
need for urgency, to enable timely and efficient execution of
the requests.
2. Authorities may decide to exchange information indirectly
with non-counterparts in response to requests from competent
authorities. Authorities shall ensure that the competent
authority requesting the information indirectly always makes
it clear who they are requesting the information for, and for
what purpose.
3. Upon request and whenever possible, Authorities shall provide
feedback to their foreign counterparts on the use of the
information provided, as well as on the outcome of the
analysis conducted, based on the information provided.
4. The Authority requesting information shall disclose, to the
Authority that will process the request, the reason for the
request, and to the extent possible the purpose for which the
information will be used, and provide enough information to
enable the Authority receiving the request to provide
information lawfully.
5. Requests for information that are sent simultaneously to
several Authorities shall be justified with a clear
explanation of the link that involves the specific set of
countries. Requests for information shall not be sent to
large distribution lists if the link is not justifiable to
all recipients.
Obligations for the Authority receiving the request
6. Authorities shall exchange:
(a) All information required to be accessible or obtainable
directly or indirectly by the Authority under the FATF
Recommendations, in particular under Recommendation 29;
(b) Any other information which they have the power to obtain or
access, directly or indirectly, at the domestic level,
subject to the principle of reciprocity.
7. Authorities shall acknowledge receipt of requests, respond to
urgent requests for information by the deadline, and provide
interim partial or negative responses in a timely manner.
Unreasonable or unduly restrictive conditions and refusal to
international co-operation
8. Authorities shall not prohibit or place unreasonable or
unduly restrictive conditions on exchanging information or
providing assistance. In particular, Authorities shall not
refuse a request for assistance on the grounds that:
(a) The request is also considered to involve fiscal matters;
(b) Laws and regulations 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 criminal proceedings
underway in the Jurisdiction receiving the request, unless
the assistance would impede that inquiry, investigation or
proceeding;
(d) The nature or status (civil, administrative, law enforcement
etc.) of the requesting Authority is different to its
foreign counterpart Authority.
9. Authorities receiving requests may, as appropriate, refuse to
provide information if the requesting Authority cannot
protect the information effectively.
10. Authorities receiving requests shall promptly, and to the
largest extent possible, grant prior consent to disseminate
the information to competent authorities. The Authority
receiving the request shall not refuse consent to such
dissemination unless this would fall beyond the scope of
application of its AML/CFT laws and regulations, could
impair a criminal investigation, would be clearly
disproportionate to the legitimate interests of a natural or
legal person or the Jurisdiction of the providing Authority,
or would otherwise not be in accordance with fundamental
principles of its domestic law. Any such refusal to grant
consent shall be appropriately explained.
11. Co-operation may also be refused, as appropriate, on the
grounds of lack of reciprocity or recurring inadequate
co-operation. All cases that are refused must be justified,
and Authorities shall make all efforts to provide an
explanation when the requested co-operation cannot be
provided.
Data protection and confidentiality
12. Information received, processed, held or disseminated by
requesting Authorities must be securely protected, exchanged
and used only in accordance with agreed procedures, policies
and applicable laws and regulations.
13. Authorities must, therefore, have rules in place governing
the security and confidentiality of such information,
including procedures for handling, storage, dissemination
and protection of, as well as access to, such information.
14. Authorities shall ensure their staff members have the
necessary security clearance levels and understand their
responsibilities in handling and disseminating sensitive and
confidential information.
15. Authorities shall ensure there is limited access to their
facilities and information, including information technology
systems.
16. Exchanged information shall be used only for intelligence
purposes and the purpose for which the information was
sought or provided. Any dissemination of the information to
other authorities or third parties, or any use of this
information for administrative, investigative, prosecutorial
or judicial purposes, beyond those originally approved,
shall be subject to prior authorization by the requested
Authority.
17. At a minimum, exchanged information must be treated and
protected by the same confidentiality provisions that apply
to similar information from domestic sources obtained by the
Authority receiving the request.
Channels for the exchange of information
18. Exchanges of information shall take place in a secure way,
and through appropriate channels.
19. To this end, Authorities shall abide the principles of
Egmont and use the “ Egmont Secure Web ” to ensure the
levels of security, reliability and effectiveness.
20. Authorities shall ensure access to, and use of, the “
Egmont Secure Web ” to be securely protected and reserved
to authorized personnel. The equipment and passwords used
for these channel must be securely protected.
21. Authorities shall be aware of the standards of security,
reliability, efficiency and effectiveness applied in the use
of the “ Egmont Secure Web ” and the “ Principles of
Egmont ”.
Commencement, amendment and termination
22. This Memorandum of Understanding shall enter into force upon
the date of last signature by the Authorities.
23. This Memorandum of Understanding may be amended in writing
at any time by mutual consent.
24. This Memorandum of Understanding may be terminated at any
time. The termination will become effective as from the
reception of the written notification from the other
Authority. The provisions of this Memorandum of
Understanding ensuring the confidentiality of the
information received prior to the termination of this
Memorandum of Understanding shall remain in force after its
termination.
IN WITNESS WHEREOF, the undersigned, being duly authorized by
their respective Governments, have signed this Memorandum of
Understanding.
Signed in duplicate in the English language. The Authorities may
establish translations in their own domestic language(s). In
event of any conflict or discrepancy between the English text
and any translation thereof, the English text shall prevail.
For the Anti-Money For the Financial and
Laundering Division, Economic Analysis
Investigation Bureau, Unit of The Republic
Ministry of Justice, of Ecuador
Republic of China (Taiwan)
__________________ __________________
Mike Chia-Jui Lan Jose Leopoldo Quiros Rumbea
Director General Director
Date: 17 / 02 / 2021 Date: 24 / 02 / 2021
Place: Taipei Place: Quito