The Anti-Money Laundering Division, Investigation Bureau,
Ministry of Justice, Republic of China (Taiwan) and the
Financial Intelligence Unit, Republic of Malawi (hereinafter
referred to as “ the Authorities ” ), desire, in a spirit of
cooperation and mutual interest, to facilitate the investigation
and prosecution of persons suspected of money laundering and
criminal activity related to money laundering and terrorist
financing.
To that end, they have reached the following understanding:
1. The Authorities will cooperate to assemble, develop and
analyse information in their possession concerning financial
transactions suspected of being related to money laundering
and terrorist financing or criminal activities connected with
money laundering and terrorist financing. To that end, the
Authorities will exchange spontaneously or upon request any
available information that may be relevant to the
investigation by the Authorities into financial transactions
related to money laundering, terrorist financing and the
persons or companies involved. Any request for information
will be justified by a brief statement of the underlying
facts.
2. The information or documents obtained from the respective
Authorities will not be disseminated to any third party, nor
be used for administrative, prosecutoral or judicial purposes
without prior consent of the disclosing Authority. It is
understood that information obtained in accordance with this
Memorandum of Understanding (hereinafter referred to as “
MOU ” )can only be used in justice when related to money
laundering, terrorist financing and related crimes.
3. The Authorities will not permit the use or release of any
information or document obtained from the respective
Authorities for purpose other than those stated in this MOU,
without the prior consent of the disclosing Authority.
4. The information acquired in application of this MOU is
confidential. It is subject to official secrecy and is
protected by at least the same confidentiality as provided by
the national legislation of the receiving Authority for
similar information from national sources. Notwithstanding
the termination of this MOU, this provision shall remain in
application.
5. 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 MOU.
6. Communication between the Authorities shall take place in
English.
7. The Authorities are under no obligation to give assistance if
judicial proceedings have already been initiated concerning
the same facts as the request is related to.
8. This MOU may be amended at any time in writing by mutual
consent.
9. This MOU is revocable at any time. The termination will
become effective as of the receipt of the written
notification from the other Authority.
10. This MOU will become effective upon the date of signature by
the Authorities.
In witness whereof the undersigned, being duly authorized by
their respective Authorities, have signed this MOU.
Signed in Budapest, Hungary, on this 18th of February, 2014, in
duplicate in the English language, this English version being
the agreed authentic text and each Authority takes the
responsibility for establishing translation into their own
language.
Signed: Signed:
__________________ __________________
Chung-I (Joey) Wang Fumbani Mhango
DIRECTOR MONITORING &
ANALYSIS
SPECIALIST
FOR THE FOR THE
ANTI-MONEY FINANCIAL
LAUNDERING INTELLIGENCE
DIVISION, UNIT, REPUBLIC OF
INVESTIGATION MALAWI
BUREAU, MINISTRY
OF JUSTICE,
REPUBLIC OF
CHINA (TAIWAN)