WHEREAS the Government of the Republic of China (Taiwan) and the
Government of the Kingdom of Eswatini (hereinafter jointly
referred to as the "Parties" and separately as a " Party");

CONSIDERING the principles of sovereign equality, territorial
integrity, laws and regulations regarding law enforcement and
administration of justice, in the respective States Parties;

RECOGNIZING the importance of giving nationals who are deprived
their liberty as a result of their commission of criminal
offences in the territory of the other Party the opportunity to
serve their sentences within their territories;

DESIRING to enter into an Agreement on the transfer of convicted
offenders and cooperation in the enforcement of penal sentences;

SEEKING the successful reintegration of convicted offenders into
society;

DETERMINED to further strengthen the friendly relations and
reinforce the cooperation already existing between the two
Parties;

HAVE AGREED as follows:
ARTICLE 1
Interpretation
1.1 In this Agreement, in the absence of the express provision
or statement to the contrary.
(a) “Judgment” means a decision or order of a court
imposing sentence;
(b) "National" means a citizen from the Republic
China (Taiwan) and a permanent
resident from The Kingdom of Eswatini;
(c) "Convicted Offender" means a person upon whom a sentenced
has been imposed by a court in the
Transferring State;
(d) "Receiving State” means the Party to which the convicted
offender may be, or has been
transferred;
(e) "Sentence" means any punishment or measure
involving deprivation of liberty
ordered by a court for a limited or
unlimited period of time in the course
of the exercise of its criminal
jurisdiction;
(f) "Transferring State” means the Party from which the
convicted offender may be, or has been
transferred.
1.2 Words importing any one gender shall include the other.

ARTICLE 2
Objectives
The Parties enter into this Agreement to ensure that a national
of one Party sentenced in the territory of the other Party may
be transferred to the territory of the national in accordance
with the provisions of this Agreement.

ARTICLE 3
Conditions for Transfer
The application of this Agreement shall be subject to the
following conditions;
(a) The acts or omissions on account of which the sentence has
been imposed would constitute a criminal offence according
to the law of the Receiving State if committed on its
territory;
(b) The convicted offender is a national of the Receiving State;
(c) The sentence imposed on the convicted offender is one of
imprisonment, confinement or any other form of deprivation
of liberty in any institution, for:
(i) life;
(ii) an unlimited period on account of mental capacity;
(iii) a fixed period
(d) The convicted offender may not be transferred unless he has
served in the Transferring State any minimum period of
imprisonment, confinement or deprivation of liberty
stipulated by the law of the Transferring State:
(e) The judgment is final and no other legal proceedings
relating to the offence or any other offence committed by
the convicted offender are pending in the Transferring
State;
(f) The Transferring and the Receiving States and the convicted
offender all agree to the transfer, provided that, where in
view of his age or physical or mental condition either Party
considers it necessary, the convicted offender's consent may
be given by a person entitled to act on his behalf.

ARTICLE 4
Procedure for transfer
1. Every transfer in terms of this Agreement shall be commenced
by a written request from the Receiving State to the
Transferring State, through the diplomatic channels either in
Chinese or English with a translation into the other
language.
2. If the Transferring State approves the request, it shall
inform the Receiving State in writing through the diplomatic
channels and initiate procedures to effect the transfer.
3. The Transferring State shall provide the Receiving State with
the following information:
(a) a statement of the facts upon which the sentence were based;
(b) the termination date of the sentence, length of time already
served by the offender and any credits to which he is
entitled on account of work done, good behavior, pretrial
confinement or other relevant reasons
(c) a certified copy of all judgments and sentences concerning
the offender from the date of his detention in the
Transferring State and the law on which they are based;
(d) any other additional information requested by the Receiving
State.
4. Either Party shall as far as possible, provide the other
Party, if it so requests, with any relevant information,
documents or statements before making a request for transfer
or taking a decision on whether or not to agree to the
transfer.
5. The Transferring State shall afford an opportunity to the
Receiving State, if the Receiving State so desires, to verify
through an official designated by the Receiving State, prior
to the transfer, that the offender's consent to the transfer
in accordance with Article 3 (f) above, has been given
voluntarily and with full knowledge of the consequences
thereof.
6. The delivery of the offender by authorities of the
Transferring State to the authorities of the Receiving State
shall occur on a date and at a place within the Transferring
State, to be agreed upon by both Parties.

ARTICLE 5
Retention of Jurisdiction
In respect of sentences to be enforced pursuant to the laws of
the Receiving State and this Agreement, the Transferring State
shall retain exclusive jurisdiction regarding the judgments of
its courts, the sentences imposed by them and any procedures for
revision, modification or cancellation of those judgments and
sentences.

ARTICLE 6
Continued Enforcement of Sentence
1. The continued enforcement of the sentence after transfer of
the convicted offender, shall be governed by the laws and
procedures of the Receiving State, including those governing
conditions for service of imprisonment, confinement or other
deprivation of liberty, and those providing for the reduction
of the term of imprisonment, confinement or other deprivation
of liberty by parole, conditional release, remission or
otherwise.
2. Subject to paragraph 3 of this Article, the Receiving State
shall be bound by the legal nature and duration of the
sentences as determined by the Transferring State.
3. No sentence of deprivation of liberty shall be enforced by
the Receiving State in such a way as to extend it beyond the
period specified in the sentence of the court of the
Transferring State. Such enforcement shall as far as possible
correspond with the sentence imposed in the Transferring
State.
4. If the Transferring State revises, modifies or cancels the
judgment or sentence pursuant to Article 5 of this Agreement,
or otherwise reduces, commutes or terminates the sentence,
the Receiving State shall upon being notified of the decision
give effect thereto in accordance with this Article.
5. The Receiving State may treat under its law relating to
juveniles any convicted offender so categorized under its
law, regardless of his status under the law of the
Transferring State.
6. The Receiving State shall provide information to the
Transferring State concerning the continued enforcement of
the sentence, if:
(a) the sentenced person is granted conditional release or when
he is discharged on completion of the sentence;
(b) the sentenced person has escaped from custody before
enforcement of the sentence has been completed;
(c) the Transferring State requests a report.

ARTICLE 7
Transit of Convicted Offenders
1. If either Party transfers a convicted offender from any third
State, the other Party shall cooperate in facilitating the
transit through its territory, of such a convicted offender.
2. The Party intending to make such a transfer shall give
advance notice to the other Party.

ARTICLE 8
Expenses
1. The expenses incurred in the transfer of the convicted
offender, or in the continued enforcement of the sentence,
after the transfer, shall be borne by the Receiving State.
2. The Receiving State may, however, seek to recover all or part
of the cost of transfer from the convicted offender.

ARTICLE 9
Final Provisions
1. This Agreement shall enter into force thirty (30) days after
the Parties have formally notified in writing through
diplomatic channels, the completion of the domestic
procedures necessary to that effect.
2. This Agreement shall remain in force for a period of five (5)
years from the date of entry into force unless terminated
prior by either Party.
3. Either Party may terminate this Agreement by giving six (6)
months written notice of its intention to terminate to the
other Party through the diplomatic channel.
4. This Agreement may be amended by mutual consent of the
Parties through the Exchange of Notes between the Parties
through the diplomatic channel.

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

DONE at Taipei on this 27th day of February, 2019, in duplicate
in the Chinese and English languages, both texts being equally
authentic.


For the Government of the For the Government of the
Republic of China (Taiwan) Kingdom of Eswatini

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Tsai, Ching-hsiang Thulisile Dladla
Minister Minister
Ministry of Justice Ministry of Foreign Affairs
and International Cooperation