The Government of the Republic of China (Taiwan) and the
Government of the Republic of Palau, desiring to render more
effective cooperation between the two countries for the
extradition of persons accused or convicted of certain offenses,
hereby agree as follows:

ARTICLE 1
Definitions
In this treaty, the following terms shall have the following
meanings:
(a) “ Signatory Governments ” shall mean the Government of
the Republic of China (Taiwan) and the Government of the
Republic of Palau.
(b) “ Jurisdiction ” shall be defined in accordance with
national laws of each Signatory Government respectively.
(c) “ Investigation ” shall mean an investigation being
conducted by the prosecutor authority or the judicial
police authority of a Signatory Government.
(d) “ Proceeding ” shall mean a proceeding before an
administrative or judicial tribunal of a Signatory
Government.
(e) “ Executive Authority ” shall mean the government
official of a Signatory Government, or his/her designee,
who has the authority to decide on extradition matters.

ARTICLE 2
Obligation to Extradite
The requested Signatory Government shall extradite to the
requesting Signatory Government, subject to the provisions and
conditions described in this Treaty and to all applicable
national laws of the requested Signatory Government, any person
found in its jurisdiction against whom the requesting Signatory
Government is proceeding for an offense or who is wanted by that
Signatory Government for the enforcement of a sentence.

ARTICLE 3
Extraditable Offenses
1. Extradition shall be granted for offenses punishable under
the laws of both the requesting and requested Signatory
Governments by deprivation of liberty for a period of at
least one year or by a more severe penalty.
2. Extradition shall be granted for the enforcement of a penalty
or prison sentence if the duration of the remaining penalty
or prison sentence still to be served amounts to at least six
months.
3. Subject to the conditions set out in Paragraph 1 of this
Article, extradition shall also be granted for attempt or
conspiracy to commit, or participation as an accomplice or
accessory in any extraditable offense.
4. A request for extradition may also be granted for an offense
not satisfying the requirements of Paragraphs 1 and 2 of this
Article as related to the period of deprivation of liberty
for which the offense is punishable or as related to the
duration of the sentence to be served in the jurisdiction of
the requesting Signatory Government.

ARTICLE 4
Exceptions to Extradition
1. Extradition shall not be granted:
(a) When the person whose surrender is sought is under
investigation, currently being prosecuted, has been
convicted, is acquitted by the requested Signatory
Government for the offense for which extradition is
requested, or has received a ruling not to prosecute, the
suspension of prosecution, or revocation of prosecution
from the requested Signatory Government for the same
offense;
(b) When the prosecution of the offense or the enforcement of
criminal penalty is barred by the statute of limitation in
accordance with the laws of the requesting Signatory
Government; or
2. Extradition may be refused when the Executive Authority of
the requested Signatory Government, in its sole discretion,
determines:
(a) That the offense in relation to which extradition is
requested is of a political character; or
(b) That the request for extradition has been made for the
purpose of trying or punishing the person whose extradition
is sought for an offense of a political character.
The determination of an offense of a political character
shall be at the sole discretion of the Executive Authority of
the requested Signatory Government.
3. Extradition shall not be refused on the basis of Paragraph 2
of this Article,
(a) Where the offense for which extradition is requested
involves a murder or assault against a Head of State or
Head of Government or any other internationally protected
person, including resident representatives;
(b) Where the offense for which extradition is requested is one
which the requesting Signatory Government has the
obligation to prosecute by reason of a multilateral treaty
or other international treaty;
(c) Where the offense for which extradition is sought involves
placing or using an explosive, incendiary or destructive
device capable of endangering the life, or causing
substantial bodily harm or substantial property damage; or
(d) Where the offense is a conspiracy or attempt to commit any
of the foregoing offenses, or aiding or abetting a person
who commits or attempts to commit such offenses.

ARTICLE 5
Capital Punishment
When the offense for which extradition is requested is
punishable by death under the laws of the requesting Signatory
Government and the laws of the requested Signatory Government do
not permit such punishment for that offense, extradition may be
refused unless the requesting Signatory Government provides
assurance that the death penalty will not be imposed, or, if
imposed, will not be executed.

ARTICLE 6
Deferred or Temporary Surrender
After a decision on a request for extradition has been rendered
against a person, if such person is currently being prosecuted
or is serving a sentence in the jurisdiction of the requested
Signatory Government for an offense other than that for which
extradition has been requested, the requested Signatory
Government may defer the surrender of such person until the
conclusion of the prosecution proceedings, after sentencing, or
after the completion of sentence. Or such person may be
temporarily surrendered to the requesting Signatory Government
solely for the purpose of prosecution of the offense for which
extradition is requested. The person surrendered shall remain in
custody of the requesting Signatory Government and shall be
returned at the conclusion of the prosecution against such
person in accordance with an agreement between Executive
Authorities of the two Signatory Governments on a case-by-case
basis.

ARTICLE 7
Extradition Procedures and Required Documents
1. The request for extradition shall be made to the requested
Signatory Government by the requesting Signatory Government
through diplomatic channel. The requesting Signatory
Government shall promptly notify the requested Signatory
Government of its extradition request. Such requests,
supporting documentation, and notices shall be in the
official language of the requested Signatory Government.
2. The request shall be accompanied by a description of the
person sought, a statement of the criminal acts involved,
texts of applicable laws of the requesting Signatory
Government relating to the offense and punishment, and
applicable statute of limitation provisions.
3. When a person whose extradition is sought has not yet been
convicted, the request shall also include a copy of a warrant
of arrest issued by the requesting Signatory Government ’ s
judge or other judicial officers, and include evidence
sufficient to provide probable cause, according to the laws
of the requested Signatory Government, that the person sought
has committed the offense for which extradition is requested.
4. When a person whose extradition is sought is already
convicted, the request shall be supported by a copy of the
judgment and evidence supporting the identity of such person
as the one convicted. If no sentence is imposed, the request
for extradition shall be accompanied by a statement to that
effect. If a sentence is imposed, the request for extradition
shall be accompanied by a copy of the sentence or commitment
order and by a statement showing the sentences remaining to
be served.
5. Documentary evidence, bearing the seal of the requesting
Signatory Government and attested by Executive Authority of
the requesting Signatory Government, in support of a request
for extradition shall be deemed duly authenticated and shall
be admissible in evidence in the extradition hearing.
6. The requested Signatory Government shall promptly communicate
to the requesting Signatory Government the decision on the
request for extradition.

ARTICLE 8
Provisional Arrest or Detention
1. In urgent cases, a requesting Signatory Government may
request the requested Signatory Government for provisional
arrest or detention of the person sought pending presentation
of the formal request for extradition. The request shall be
transmitted to the requested Signatory Government by the
Executive Authority of the requesting Signatory Government.
2. The application shall contain: a description of the person
sought, including, if available, the person's nationality; a
brief statement of the criminal acts involved, including to
the extent possible, the time and location of the offense; a
statement explaining outstanding warrant of arrest or
detention, or a judgment of conviction against such person;
and a statement of intention to request extradition of the
person sought.
3. On receipt of such request, the requested Signatory
Government shall take appropriate steps to secure the arrest
or detention of the person sought. The requested Signatory
Government shall promptly notify the requesting Signatory
Government of its actions.
4. Unless otherwise agreed, the person arrested or detained
pursuant to Paragraph 1 of this Article shall be released at
the end of a forty-five-day period from the date of arrest or
detention if the requested Signatory Government does not
receive extradition request set forth in Article 7. Such
release shall not prevent the institution of further
proceedings for the extradition of that person.

ARTICLE 9
Rule of Specialty
1. A person extradited shall not be arrested, detained, tried or
punished in the jurisdiction of the requesting Signatory
Government for an offense other than the offense for which
extradition has been granted, and shall not be extradited by
that Signatory Government to a third country unless:
(a) That person has left the jurisdiction of the requesting
Signatory Government after extradition and has voluntarily
returned to the jurisdiction of the requesting Signatory
Government;
(b) That person has not left the jurisdiction of the requesting
Signatory Government thirty days after being free to do so;
or
(c) Upon such conditions as may be prescribed by the requested
Signatory Government, that Signatory Government:
(i) Has consented to the arrest, detention, trial or
punishment of that person for an offense other than that
for which extradition was granted; or
(ii) Has consented to extradition to a third country.
2. Paragraph 1 of this Article shall not apply to offenses
committed after extradition.
3. Instead of the offense for which a person was extradited,
after notice to the requested Signatory Government, the
person may be tried or punished for a different offense,
including a lesser offense, provided that such other offense
is:
(a) Based on the same facts as were set out in the request for
extradition and the supporting evidence;
(b) Punishable by no greater penalty than the offense for which
the person was extradited.

ARTICLE 10
Multiple Extradition Requests
When requests for extradition of the same person are received
from the requesting Signatory Government and one or more other
governments, the requested Signatory Government shall have the
discretion to determine to which government the person is to be
extradited.

ARTICLE 11
Surrender
When a request for extradition has been granted, surrender of
the person sought shall take place within such time as may be
prescribed by the laws of the requested Signatory Government.

ARTICLE 12
Waiver
1. A person whose extradition is sought may at any time
voluntarily waive extradition proceedings. The waiver shall
be made in writing in front of a judge, and have the effect
of a final decision of the requested Signatory Government to
surrender that person.
2. A certified copy of the waiver shall constitute sufficient
authority to maintain the person sought in custody within the
jurisdiction of the requested Signatory Government and to
deliver that person into the custody of the requesting
Signatory Government.

ARTICLE 13
Surrender of Property
1. To the extent permitted under the laws of the requested
Signatory Government and subject to the rights of third
parties, all property relating to the offense shall, at the
request of the requesting Signatory Government, be seized and
surrendered upon the granting of the extradition. This
property shall be handed over even if the extradition cannot
be effected due to the death, escape or disappearance of the
person sought.
2. The requested Signatory Government may make the surrender of
the property conditional upon a satisfactory assurance from
the requesting Signatory Government that the property shall
be returned to the requested Signatory Government as soon as
practicable.

ARTICLE 14
Transit
1. Upon prior notice, and unless denied in writing by the
requested Signatory Government, a Signatory Government shall
have the right to transport persons surrendered by a third
country through the jurisdiction of the other Signatory
Government.
2. No prior notice shall be required when such transport is by
air and no stop is scheduled in the jurisdiction of a
Signatory Government, but a stop is subsequently required by
extenuating circumstances.

ARTICLE 15
Expenses
1. All reasonable costs or expenses incurred in any extradition
proceeding in arresting, detaining, and extraditing a person
sought shall be borne by the requesting Signatory Government.
All expenses and costs shall be certified by the judge before
whom the extradition hearing shall take place and be
submitted to the requesting Signatory Government.
2. The appropriate legal officers of the requested Signatory
Government shall provide legal assistance to the requesting
Signatory Government except as otherwise agreed.

ARTICLE 16
Extradition of Nationals
1. No Signatory Government shall be required to extradite its
own nationals, but may grant extradition if, in its
discretion, extradition is deemed proper.
2. If the requested Signatory Government denies extradition
solely on the basis of nationality, it shall submit the case
to its relevant authorities for purposes of investigation or
prosecution.

ARTICLE 17
Notification of Signatory Government’s Executive Authority
Within 30 days after signing, the Signatory Governments shall
notify each other the respective Executive Authority for the
purpose of this Treaty. Notification shall include the names,
addresses and official contact details of such authorities. The
Signatory Governments shall notify each other in writing of any
changes to the Executive Authority.

ARTICLE 18
Consultation
The designated representatives for the Signatory Governments
shall consult with each other, at times mutually agreed to by
them, to promote the most effective use of this treaty. The
designated representatives may also agree on practical measures
as may be necessary to facilitate the implementation of this
Treaty.
For the Government of the Republic of China (Taiwan)
Ministry of Foreign Affairs
2 Kaitakelan Blvd.
Taipei, Taiwan, R.O.C
For the Government of the Republic of Palau
Ministry of State
P.O. Box 100
Koror, Palau 96940

ARTICLE 19
Entry into Force; Termination
1. This Treaty shall be ratified in accordance with the
processes prescribed by all applicable national laws of each
Signatory Government and shall enter into force upon the date
on which instruments of ratification thereof have been
exchanged.
2. This Treaty shall also apply to offenses committed before its
entry into force.
3. Either Signatory Government may terminate this Treaty at any
time by giving six-month written notice to the other
Signatory Government through the diplomatic channel.

IN WITNESSES WHEREOF, the undersigned being duly authorized by
the respective Signatory Governments, have signed this Treaty in
duplicate in the Chinese and English languages, with both texts
being equally authentic.


FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
THE REPUBLIC OF THE REPUBLIC OF PALAU
CHINA(TAIWAN)
___________________ ___________________
Minister of Foreign Affairs Minister of State
Timothy C.T. Yang Victor Yano
Date: Date:
Place: Place: