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Title:
MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL IMMIGRATION AGENCY OF THE MINISTRY OF THE INTERIOR OF THE REPUBLIC OF CHINA (TAIWAN) AND THE MINISTRY OF HOME AFFAIRS OF THE KINGDOM OF SWAZILAND CONCERNING COOPERATION IN IMMIGRATION AFFAIRS AND HUMAN TRAFFICKING PREVENTION
Announced Date:
2015-04-08
Effective:
2015-04-08
1.Signed on April 08 and March 17, 2015 Entered into force on April 08, 2015
PREAMBLE:
The National Immigration Agency of the Ministry of the Interior
of the Republic of China (Taiwan) and the Ministry of Home
Affairs of the Kingdom of Swaziland (hereinafter referred to as
“ the Parties ” );
WHEREAS the Parties are sovereign states;
RECOGNIZING the Principle of equality and reciprocity;
AIMING at the promotion of cooperation between the national
immigration agencies of both countries;
CONCERNED about immigration issues and transnational crimes,
especially human trafficking;
DESIROUS of facilitating the exchange of information and
cooperation programmes;
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Article 1
Competent Authorities
1. The competent authorities that conclude and implement this
MOU are:
a. The National Immigration Agency of the Ministry of the
Interior of the Republic of China (Taiwan).
b. The Ministry of Home Affairs of the Kingdom of Swaziland.
2. The Parties shall dedicate themselves to engaging in exchange
activities and cooperation in accordance with their
respective domestic laws, as set out in the provisions of
this MOU and as required by their official responsibilities
and functions.
Article 2
Scope of Cooperation
1. Cooperation in the exchange of anti-terrorist intelligence
and in the prevention of human trafficking and illegal
immigration;
2. Cooperation in the exchange of skills related to entry and
exit control;
3. Cooperation between immigration agencies;
4. Cooperation in personnel training and in the sharing of
experience;
5. Other cooperative items agreed upon by the Parties.
Article 3
Forms of Cooperation
For the purpose of effectively enforcing the provisions of
Article 2, the Parties shall, on the principle of equality and
reciprocity, cooperate as follows:
1. To exchange information on the prevention of crime;
2. To exchange visits for official business;
3. To invite one to three immigration officers from the other
Party to participate in immigration training held by one of
the Parties if possible;
4. To implement other mutual assistance that might be requested
but not mentioned above.
Article 4
Request for Assistance
1. The Parties have agreed that requests for assistance shall be
made in writing. In case that the situation is urgent and the
requested Party has given its consent, the request for
assistance may be made in some other form, but shall be
confirmed in writing within ten days of making the request.
2. The written request shall include the following content:
(1) The name of the agency that is making the request.
(2) The purpose of the request.
(3) The particulars of the request.
(4) The summary of the case and other information necessary for
meeting the request.
3. In case the request cannot be met due to inadequate
information contained in the content, the requesting Party
may be required to provide supplementary information.
Article 5
Request Refusals
The Parties have agreed that in case that the request is beyond
the scope of their cooperation or that to meet the request will
disrupt the public order or good practice of the country of the
requested Party, it may refuse to grant the request along with
an explanation.
Article 6
Request Fulfillment
1. The requested Party shall take necessary measures to ensure
that the request can be quickly and safely satisfied and
inform the requesting Party about the result of its actions
to meet the request.
2. The requested Party shall immediately inform the requesting
Party in cases where it has no authority to satisfy the
request.
Article 7
Confidentiality
The Parties shall ensure that mutually provided information,
documents, and personal data are kept confidential. In case that
the use of the aforementioned information is restricted or that
it is not used for the purpose for which it was provided or that
it is going to be shared with a third party, the consent of the
Party that provides it shall be secured in advance.
Article 8
Expenses
1. The expenses needed for personnel training as stated in
subparagraph 3 of Article 3 shall be paid according to the
result of negotiations conducted on a case by case basis.
2. Other expenses incurred by one of the Parties after granting
a request made by the other Party in accordance with this MOU
shall be paid by the requested Party unless it is otherwise
negotiated by the Parties; In cases where the request
involves a large amount of expense or extra expenses, the
Parties shall negotiate beforehand to affirm the conditions
of the request and the defrayment of the expenses.
Article 9
Languages
The competent authorities of the Parties shall use English as
the medium of their communication when they engage in
cooperation in accordance with this MOU.
Article 10
Meetings and Consultations
The leaders or representatives of the Parties may hold meetings
or conduct consultations in order to discuss and improve the
cooperation to be carried out in accordance with this MOU.
Article 11
Settlement of Disputes
Disputes, arising from the application of this MOU, shall be
settled through negotiations as soon as possible by the Parties.
Article 12
Effectiveness, Termination and Amendments
1. This MOU shall be effective on the date of the last signature
by the Parties and terminate thirty days after one of the
Parties notifies the other Party in writing of its
termination.
2. This MOU may be amended through negotiations by the Parties.
IN WITNESS WHEREOF, the undersigned, being duly authorized by
their respective Governments, have signed this MOU.
Signed in duplicate in the Chinese and English languages, both
texts being equally authentic.
FOR THE FOR THE MINISTRY
NATIONAL OF HOME AFFAIRS
IMMIGRATION OF THE KINGDOM
AGENCY OF THE OF SWAZILAND
MINISTRY OF THE
INTERIOR OF THE
REPUBLIC OF
CHINA(TAIWAN)
__________________ __________________
Director General Principal Secretary
MO, TIEN-HU ANTHONY MASILELA
Date: 17/3/2015 Date: 08.04.2015
Place: Taipei, R.O.C Place: MBABANE
(Taiwan)
Web site:Laws & Regulations Database of The Republic of China (Taiwan)