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Laws & Regulations Database of The Republic of China (Taiwan)

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1.Signed on July 24, 2014 Entered into force on July 24, 2014
 
PREAMBLE
The Investigation Bureau, Ministry of Justice of the Republic of
China (Taiwan) and the Financial Analysis Unit of the Republic
of Nicaragua, which shall hereinafter be referred to as “ the
Parties ”, have come to this Agreement, within the framework of
their national legislation, in order to establish broad
cooperative relationships that strengthen their plans and
operations against crimes of money laundering and financing of
terrorism and proliferation of weapons of mass destruction.

ARTICLE 1
OBJECTIVE
(1) By this Agreement, the Parties establish a cooperation
relationship that includes the exchange of information,
mutual assistance, technological cooperation, and the
development and improvement of knowledge on fighting against
money laundering and financing of terrorism and
proliferation of weapons of mass destruction, in accordance
with the rules contained in this Agreement and the
respective legal framework of the Parties.
(2) The cooperation constituted in this Agreement shall take
effect under the laws regulating international cooperation
in the territory of the Parties.

ARTICLE 2
INFORMATION EXCHANGE
(1) The Parties will exchange, spontaneously or upon request,
any financial, legal, and accounting information of
individuals and legal entities, of those entities under the
control of these individuals and legal entities, and of
persons acting on their behalf, when such information is
available and there are suspicions of involvement in crimes
of money laundering and financing of terrorism and
proliferation of weapons of mass destruction.
(2) Any request for information, to the extent permitted by the
respective national legal framework, shall be submitted by
physical or electronic means collectively accepted by the
Parties and provides following information in written:
(a) a statement of background information;
(b) the information requested; and
(c) the purpose for which the information will be used.
(3) The information exchanged between the Parties shall be
regarded as confidential and therefore cannot be extended to
third parties, or used for purposes other than those set
forth in this Agreement, without the prior consent of the
Party that provided such information.
(4) The information exchanged under this Agreement shall be
subject to and protected by the national legislation
governing the classification of the information in the
territory of the receiving Party.
(5) The information received shall be used only for
administrative, investigative, and judicial proceedings
according to the receiving Party's functions, only in cases
related to money laundering and financing of terrorism and
proliferation of weapons of mass destruction, and only when
an authorization has been obtained from the providing Party.
(6) Each Party shall promptly inform the other Party of any
change in its legislation on money laundering and financing
of terrorism and proliferation of weapons of mass
destruction.
(7) The Parties, in accordance with their respective national
laws, shall determine mechanisms for protection, transfer
and disposal of the information requested and received.
(8) The requested Party may ask the requesting Party for
additional information in order to justify the request.
(9) The requested Party may refuse to satisfy the request for
information in whole or in part, if:
(a) its compliance may compromise its sovereignty, security,
public order or other substantial interests of the State;
(b) it contradicts its national legislation or international
agreements adopted by the State;
(c) there is no certainty that the requesting Party shall
operate with reciprocity; or
(d) judicial proceedings have already been initiated
concerning the facts to which the request is related.
(10) If the requested Party refuses to satisfy the request for
information, it shall notify the requesting Party and
provide an explanation of its reasons.

ARTICLE 3
TECHNICAL ASSISTANCE, TRAINING, OPERATIONAL IMPROVEMENT SUPPORT
AND TECHNOLOGICAL COOPERATION
(1) Technical assistance between the Parties shall consist of
the exchange of information on typologies, criminal schemes,
cases, publications, experiences, research documents and
regulatory projects relating to the prevention of money
laundering and financing of terrorism and proliferation of
weapons of mass destruction, which may be provided
spontaneously by the Parties or upon request.
(2) The Parties shall promote conferences to discuss issues of
mutual interest and exchange experiences and skills.
(3) The Parties shall coordinate to jointly develop training
programs on investigation and prevention of money laundering
and financing of terrorism and proliferation of weapons of
mass destruction, at appropriate times.
(4) The Parties shall coordinate efforts to support projects on
information technology.
(5) The Parties may agree to practice forms of technical and
operational improvement other than those mentioned above
according to their needs, within the subject matter of this
Agreement and their respective legal frameworks.

ARTICLE 4
FINAL DISPOSITIONS
(1) The Parties shall decide jointly, in accordance with their
national laws, the procedures for communication between
them, and shall consult each other about how to implement
this Agreement. Communications between the Parties will be
in the English language.
(2) This Agreement shall enter into force on the date of
signature by the Parties.
(3) This Agreement is subject to reviews and amendment at any
time. Amendments shall be made via addenda. The Parties
shall communicate their approval of addenda through the
exchange of notes and the amended Agreement shall enter into
force on the date of receipt of the last notification.
(4) The provisions of this Agreement shall not affect rights and
obligations assumed by the Parties through international
agreements.
(5) This Agreement may be terminated by any of the Parties
through written notification to the other and shall lose its
effect after ninety days from the date of receipt of written
notice by the other Party.
(6) The provisions of this Agreement concerning protection of
the confidentiality of information shall remain valid even
after the Agreement is terminated.

IN WITNESS WHEREOF, the undersigned, being duly authorized by
their respective Authorities, have signed this Agreement.

Signed at New Taipei City, Republic of China (Taiwan), on the
date of July 24 of the year two thousand fourteen, in duplicate
on authentic texts written in Chinese, Spanish, and English. In
case of disagreement regarding the interpretation of this
Agreement, the English text shall prevail.

____________________________ __________________________________
Chung-I (Joey) Wang Denis Membreno Rivas
Director General Major General
ON BEHALF OF THE ON BEHALF OF THE
INVESTIGATION BUREAU, FINANCIAL ANALYSIS UNIT,
MINISTRY OF JUSTICE, REPUBLIC OF NICARAGUA
REPUBLIC OF CHINA (TAIWAN)
Web site:Laws & Regulations Database of The Republic of China (Taiwan)