Whereas the Taipei Economic and Cultural Representative Office
in the United States and the American Institute in Taiwan:

Are charged with responsibility on behalf of their respective
authorities for conducting and facilitating commercial, cultural
and other relations between the people of the United States and
the people on Taiwan;

Have, since 1980, consistent with domestic law and customary
international law as applicable to the authorities they
represent, performed consular functions and provided consular
assistance, including the visitation of detained persons, on
behalf of their respective authorities;

Have operated pursuant to the agreement on privileges,
exemptions and immunities between the American Institute in
Taiwan and the Coordination Council for North American Affairs,
signed at Washington, D.C., October 2, 1980;

Have reviewed the laws of their respective authorities,
including, in the case of AIT, the Taiwan Relations Act of 1979;
and

Have gained practical experience with the operation of the 1980
agreement and are mindful of the value in making reciprocal and
appropriate modifications to ensure that they enjoy such
privileges and immunities as may be necessary for the effective
performance of their functions;

Have therefore reached the following agreement:

Article 1
For the purposes of this agreement, the following expressions
shall have the meanings hereunder assigned to them:
(a) “ AIT ” or “ the Institute ” shall refer to the American
Institute in Taiwan;
(b) “ TECRO ” shall refer to Taipei Economic and Cultural
Representative Office in the United States;
(c) “ Counterpart organizations ” shall refer, collectively,
to AIT and TECRO;
(d) “ Primary office ” shall refer, respectively, to the TECRO
Office(s) located in the metropolitan area of the District
of Columbia and to the AIT Office(s) (including a Chinese
language school) located in Taipei;
(e) “ Subsidiary offices ” shall refer, in the case of TECRO,
to the branch offices known as “ Taipei Economic and
Cultural Offices ” located outside of the metropolitan area
of the District of Columbia as described in article 2 below
and, in the case of AIT, to its branch office(s) in
Kaohsiung or in other locations as provided in accordance
with article 2;
(f) “ Designated employee of a primary office ” means any
person, including the head of such primary office, who is
duly notified to and accepted by the receiving counterpart
organization as a designated employee of the sending
counterpart organization at its primary office and who
exercises functions related to conducting and facilitating
commercial, cultural and other relations between the people
of the United States and the people on Taiwan, as well as
any person employed in the administrative or technical
service of such primary office. It shall not apply with
respect to any person who is a national or is permanently
resident in the jurisdiction in which the receiving
counterpart organization is headquartered;
(g) “ Designated employee of a subsidiary office ” means any
person, including the head of such subsidiary office, who is
duly notified to and accepted by the receiving counterpart
organization as a designated employee of the sending
counterpart organization at one of its subsidiary offices
and who exercises functions related to conducting and
facilitating commercial, cultural and other relations
between the people of the United States and the people on
Taiwan, as well as any person employed in the administrative
or technical service of such subsidiary office. It shall not
apply with respect to any person, who is a national of or is
permanently resident in the jurisdiction in which the
receiving counterpart organization is headquartered;
(h) “ Designated employees ” of a counterpart organization
shall comprise the persons described in paragraphs (f) and
(g) of this article;
(i) “ Jurisdiction in which the receiving counterpart
organization is headquartered ” refers, in the case of
AIT,to the United States, and in the case TECRO, to Taiwan.
“ Central authorities ” refers to the U.S. federal
government or its equivalent on Taiwan, and “ local
authorities ” refers to state, provincial, county, city,
and other forms of municipal government within the United
States or their equivalents on Taiwan.

Article 2
TECRO may operate a primary office in the metropolitan area of
the District of Columbia and may also operate subsidiary offices
in twelve cities within the United States and in such other
additional locations as may be agreed upon between the
counterpart organizations. AIT may operate a primary office in
Taipei and may also operate a subsidiary office in Kaohsiung and
in such other additional locations as may be agreed upon between
the counterpart organizations.

Article 3
(a) Each counterpart organization shall possess the capacity:
(i) to contract; (ii) to acquire and dispose of real and
personal property, and (iii) to institute legal proceedings
(b) In order that it may effectively perform its functions, each
sending counterpart organization shall enjoy in the
territory in which the receiving counterpart organization is
headquartered, immunity from suit and legal processes
equivalent to those enjoyed by public international
organizations in the United States, which for purposes of
this agreement means the restrictive theory of immunity as
reflected, for example, in 28 U.S.C. sections 1602 et seq.

Article 4
(a) Each counterpart organization shall undertake to ensure that
the other counterpart organization and its personnel will
receive all privileges, exemptions and immunities as set
forth in this agreement and to take all possible measures,
as appropriate, to secure adequate protection of the other
counterpart organization ’ s premises and personnel, so as
to facilitate proper execution of that organization ’ s
functions.
(b) The receiving counterpart organization shall facilitate
issuance of identification cards to persons who enjoy
benefits under this agreement.
(c) The sending counterpart organization shall notify the
receiving counterpart organization of the termination of
services or of the departure of any person enjoying the
benefits of this agreement.
(d) Should the receiving counterpart organization determine that
the continued presence of any person enjoying the benefits
of this agreement is not desirable, it shall so inform the
sending counterpart organization. After such person shall
have had a reasonable length of time to depart, to be
determined by the receiving counterpart organization, he or
she shall cease to enjoy such benefits.
(e) No person shall, by reason of the provisions of this
agreement, be considered as receiving any privileges or
immunities other than such as are specifically set forth
herein.

Article 5
Each counterpart organization shall facilitate the issuance of
appropriate visas for designated employees of the other
organization, as well as members of their immediate family
forming part of their households.

Article 6
(a) The sending counterpart organization shall be free to
communicate for all purposes related to the performance of
its functions and shall enjoy inviolability for all
correspondence related to its functions.
(b) The bag carrying the correspondence referred to in the
preceding paragraph and other articles related to the
performance of the counterpart organization ’ s functions
shall neither be opened nor detained.
(c) The packages constituting such a bag must bear visible
external marks of their character and may contain only
documents or articles intended for the performance of the
organization ’ s designated functions. There are no limits
on the permissible size, weight, or quantity of properly
designated bags. The packages constituting such a bag may be
comprised of crates, lift vans, boxes, and envelopes or
other types of containers. The designated carriers of such
bags, who shall be provided with a document indicating their
status and the number of packages constituting such bags,
shall be protected in the performance of their functions.
The designated carrier shall enjoy personal inviolability
and shall not be liable to any form of arrest or detention.
(d) The sending counterpart organization may designate such
carriers ad hoc. In such cases, the provisions of paragraph
(c) of this article shall apply, except that the privileges
and immunities of an ad hoc carrier shall cease when the bag
in his charge shall have been delivered to the consignee.
(e) Bags carrying such correspondence and articles may be
entrusted to the captain of a commercial aircraft scheduled
to land at an authorized port-of-entry. The captain shall be
provided with a document indicating the number of packages
constituting the bag, but the captain shall not be
considered to be a designated carrier of such bags. The
sending counterpart organization may send one of its members
to take possession of such a bag directly and freely from
the captain of the aircraft.

Article 7
(a) The wages, fees or salaries of any designated employee of a
sending counterpart organization to the extent such wages,
fees or salaries are received in connection with the
performance of authorized functions, shall be exempt from
taxation imposed by the central or local authorities of the
jurisdiction in which the receiving counterpart organization
is headquartered.
(b) Wages, salaries and fees paid by the sending counterpart
organization to its designated employees shall not be
subject to withholding for purposes of taxation by the
central or local authorities of the jurisdiction in which
the receiving counterpart organization is headquartered. The
sending counterpart organization and its designated
employees, shall be exempt from making contributions for
unemployment or similar insurance, social security, or other
programs adopted by the central or local authorities of the
jurisdiction in which the receiving counterpart organization
is headquartered.
(c) Unless such immunity be expressly waived, the primary and
subsidiary offices of the sending counterpart organization
shall be immune from forced entry and search and, if owned
by such organization, shall also be immune from, attachment,
execution, requisition, expropriation or any other form of
seizure or confiscation. Physical movable property
(including means of transport) used for the purposes of the
primary office shall be immune from forced entry and search
and, if owned by such organization, shall also be immune
from attachment, execution, requisition, expropriation or
any other form of seizure or confiscation. Financial assets
and bank accounts used for the purposes of the primary and
subsidiary offices shall be immune from attachment,
execution, requisition, or any other form of seizure or
confiscation. The archives and documents of the sending
counterpart organization shall be inviolable at all times
and wherever they may be.
(d) Real property used for the performance of the sending
counterpart organization ’ s authorized functions and for
which the counterpart organization would be liable for
payment of taxes shall be exempt from central and local
taxation of the jurisdiction in which the receiving
counterpart organization is headquartered. The property,
income, operations, and other transactions of the sending
counterpart organization shall be exempt from taxation by
the central and local authorities of the jurisdiction in
which the receiving counterpart organization is
headquartered. The exemptions provided in this article,
however, shall not apply to any property which is not used
for the purposes of the sending counterpart organization or
successor organizations.
(e) Designated employees of each sending counterpart
organization shall be immune from suit and all legal
processes relating to acts performed by them within the
scope of their authorized functions, unless such immunity is
specifically waived by the sending counterpart organization
in accordance with article 9.
(f) The receiving counterpart organization shall undertake to
ensure that the primary and subsidiary offices of the
sending counterpart organization and the designated
employees of the sending counterpart organization shall be
exempt from payment of central and local sales, value added,
or other similarly imposed consumption taxes, except those
normally included in the price of goods and services. This
exemption shall not, however, extend to charges for specific
services rendered.
(g) The receiving counterpart organization shall undertake to
ensure that the primary and subsidiary offices of the
sending counterpart organization and the designated
employees of the primary office of a sending counterpart
organization shall be exempt from all taxes and dues imposed
by central or local authorities of the jurisdiction in which
the receiving counterpart organization is headquartered in
connection with the ownership or operation of a motor
vehicle. The receiving counterpart organization shall
undertake to ensure that the primary and subsidiary offices
of the sending counterpart organization and designated
employees of such offices shall also be exempt from payment
of central excise taxes on gasoline, diesel fuel and
lubricating oil.
(h) A sending counterpart organization and its designated
employees and their immediate families forming part of their
households, except nationals or permanent residents of the
jurisdiction in which the receiving counterpart organization
is headquartered, shall be entitled, insofar as customs
duties, customs clearance, and internal revenue taxes
imposed by reason of importation of baggage and effects, as
well as laws regulating entry into and departure from the
jurisdiction in which the receiving counterpart organization
is headquartered, alien registration and fingerprinting, and
registration of foreign agents are concerned, to the
privileges, exemptions and immunities equivalent to those
accorded under similar circumstances in the United States to
public international organizations, their officers and
employees as well as members of their families.
(i) With respect to the treatment of authorized communications
and imposition of taxes for authorized communications, a
sending counterpart organization shall be entitled to
privileges, exemptions and immunities equivalent to those
accorded a public international organization in the United
States.

Article 8
In addition to the privileges, exemptions and immunities
described in paragraph (e) of article 7 of this agreement:
(a) Designated employees of a primary office shall enjoy
immunity from the criminal jurisdiction of the central and
local authorities in the jurisdiction in which the receiving
counterpart organization is headquartered.
(b) Designated employees of a primary office shall not be liable
to any form of arrest or detention. Central and local
authorities in the jurisdiction in which the receiving
counterpart organization is headquartered shall treat all
designated employees of a primary office with due respect
and shall take all appropriate steps to prevent any attack
on their person, freedom or dignity.
(c) Designated employees of a primary office shall not be
obliged to give evidence as a witness in criminal, civil,
administrative, or other proceedings.
(d) The private residence of designated employees of a primary
office shall be immune from forced entry and search, and if
such residence is owned by the sending counterpart
organization, shall also be immune from attachment,
execution, requisition, expropriation or any other form of
seizure or confiscation.
(e) The papers, correspondence, and property of a designated
employee of a primary office shall not be subject to forced
entry, search, attachment, execution or any other form of
seizure or confiscation by the central or local authorities
of the jurisdiction in which the receiving counterpart
organization is headquartered: (1) in matters involving the
exercise of criminal jurisdiction; and (2) in matters
involving the exercise of civil or administrative
jurisdiction if related to acts performed within the scope
of such individual ’ s authorized functions. The baggage
and household goods of a designated employee shall not be
exempt from inspection upon entry and exit from the
jurisdiction in which the receiving counterpart organization
is headquartered.
(f) The immediate family members of a designated employee of a
primary office forming part of his or her household, except
nationals or permanent residents of the jurisdiction in
which the receiving counterpart organization is
headquartered, shall enjoy the same immunity from criminal
jurisdiction and arrest and detention as the designated
employee.
(g) The head of a subsidiary office and one designated deputy
head of such office shall not be liable to arrest or
detention pending trial, except in the case of a criminal
offense punishable by one year or more in prison and
pursuant to a decision by the competent judicial authority.
(h) Central and local authorities in the jurisdiction in which
the receiving counterpart organization is headquartered
shall treat all designated employees of a subsidiary office
with due respect and shall take all appropriate steps to
prevent any attack on their person, freedom or dignity.
(i) Designated employees of a subsidiary office may be called
upon to attend as witnesses in the course of judicial or
administrative proceedings.
i. Such employees shall not, except with respect to matters
falling within the scope of paragraph (e) of article 7,
decline to give evidence.
ii. Such employees are under no obligation to give evidence
concerning matters connected with the exercise of their
functions or to produce official correspondence and
documents relating thereto.
iii. Such employees are also entitled to decline to give
evidence as expert witnesses with regard to the law of
the jurisdiction in which they are headquartered.
iv. If an employee described above should decline to provide
evidence, no coercive measure or penalty may be applied
to such person.

Article 9
(a) With respect to privileges and immunities set forth in
articles 7 and 8 of this agreement enjoyed by designated
employees of a primary office, the head or acting head of
that primary office or of that organization ’ s
headquarters office may waive such privileges and
immunities.
(b) With respect to privileges and immunities set forth in
articles 7 and 8 enjoyed by designated employees of a
subsidiary office, the head or acting head of that
subsidiary office or primary or headquarters offices may
waive such privileges and immunities.
(c) With the exception of paragraph (d), below, a waiver of any
of the privileges, exemptions and immunities provided in
this agreement shall in all cases be express.
(d) The initiation of proceedings by designated employees of a
counterpart organization in a matter in which he or she
might enjoy immunity from civil jurisdiction under this
agreement shall preclude his or her invoking immunity from
such jurisdiction in respect of any counterclaim directly
connected with the principal claim.
(e) The waiver of immunity from jurisdiction for purposes of
civil or administrative proceedings shall not be deemed to
imply a waiver of immunity from the measures of execution
resulting from the judicial decision; in respect of such
measures, a separate waiver shall be necessary.

Article 10
This agreement shall replace the Agreement on privileges,
exemptions and immunities between the American Institute in
Taiwan amd the Coordination Council for North American Affairsm,
signed at Washington, D.C., October 2, 1980.

Article 11
This agreement may be modified at any time by mutual consent.

Article 12
This agreement is effective on the date of signature and will
remain in effect indefinitely. It may, however, be terminated by
either party upon one year ’ s prior written notice to the
other party or, otherwise, by mutual agreement.

IN WITNESS WHEREOF the undersigned duly authorized for this
purpose have signed this agreement.

DONE at Washington, D.C., on this 4th day of February, 2013, in
the Chinese and English languages, each text being equally
authentic.


For the Taipei Economic
and Cultural For the American Institute
Representative Office in in Taiwan:
the United States:

Pu-tsung King Barbara J. Schrage
(Signed) (Signed)