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Title:
MEMORANDUM OF UNDERSTANDING BETWEEN THE REPUBLIC OF CHINA (TAIWAN) AND THE REPUBLIC OF THE MARSHALL ISLANDS CONCERNING COOPERATION ON IMMIGRATION AFFAIRS AND HUMAN TRAFFICKING PREVENTION
Announced Date:
2017-10-30
Effective:
2017-10-30
1.Signed on October 30, 2017 Entered into force on October 30, 2017
The Republic of China (Taiwan) and the Republic of the Marshall
Islands (hereinafter referred to as “ the Parties ” )
CONSCIOUS of the principle of equality, reciprocity and comity
between States;
RECOGNISING the importance of cooperation between immigration
agencies in both countries;
ACKNOWLEDGING the need for both countries to continue bilateral
cooperation on issues of mutual concerned;
DESIROUS of promoting cooperation between immigration agencies
in both countries on the issue of transnational crimes and in
particular human trafficking, through the exchange of
information and promotion of capacity building; MINDFUL of the
impact of human trafficking in both countries; HAVE agreed as
follows:
Article 1
Competent Authorities
1. The Competent Authorities that implement the terms of this
Memorandum of Understanding(MOU) shall be the National
Immigration Agency of the Ministry of the Interior of the
Republic of China(Taiwan) and the Division of Immigration of
the Ministry of Justice of the Republic of the Marshall
Islands.
2. The Parties shall engage themselves in exchange and sharing
of information activities and cooperation in accordance with
their respective domestic laws and national policies.
Article 2
Scope of Cooperation
The Parties agree to cooperate in the following areas:
1. To cooperate in the sharing and exchange of information
pertaining to the prevention of human trafficking, illegal
immigration and other transnational crimes;
2. To cooperate in relation to capacity building related to
entry and exit control;
3. To foster cooperation between the immigration agencies of
both countries as set out in the preamble of this MOU
specifically in relation to human trafficking, smuggling and
other transnational crimes;
4. To foster cooperation in the use of best practices and
sharing of experience in relation to detecting, infiltrating
and dismantling persons or groups involved in human
trafficking, smuggling and other transnational crimes and
explore personnel training on these issues; and
5. To facilitate cooperation on other matters related to human
trafficking, smuggling and other transnational crimes.
Article 3
Forms of Cooperation
For the purpose of effectively enforcing Article 2, the Parties
shall undertake, on the principle of equality, reciprocity and
comity, to cooperate as follows:
1. To facilitate the exchange of criminal information;
2. To facilitate 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; and
4. To implement other mutual assistance that might be requested
but not mentioned above.
Article 4
Request for Assistance
1. The Parties agree that requests for assistance shall be made
in writing through formal diplomatic channels.
2. In the event of urgency, an informal note in writing may be
made to the foreign ministry of the Requested Party but the
official request must be done within ten (10) days of the
informal request.
3. The written request shall include the following content:
a. The name of the department that is making the request;
b. The purpose of the request;
c. The details of the request;
d. The summary of the case;
e. Other information necessary for meeting the request.
4. In case the request cannot be met due to inadequate
information contained in the request, the Requesting Party
may be required to provide additional information.
Article 5
Refusal of Requests
The Parties agree that in the event the request is contrary to
the Constitution, domestic laws, public policy or national
security interest of the Requested Party; the request shall be
refused.
Article 6
Request Fulfillment
1. The Requested Party undertakes to expedite requests for
assistance provided that the requests have compiled with the
provisions of this MOU and the laws of the Requested Party.
The Requesting Party shall be informed as soon as practicable
about any information pertaining to the request.
2. The Requested Party shall immediately notify the Requesting
Party through proper diplomatic channels in circumstances
where it has no authority to satisfy the request.
Article 7
Confidentiality
1. The Parties undertake that all information, documents, and
personal data are kept confidential.
2. In the event that the information is to be used for any
purpose not consistent with this MOU, the Requesting Party
shall obtain the consent of the Requested Party.
Article 8
Expenses
1. The funds needed to cover the expenses for personnel training
as stated in subparagraph 3 of Article 3 shall be decided by
the Parties on a case-by-case basis through bilateral
consultation.
2. General expenses incurred in fulfilling a request by a Party
in accordance with this MOU will be borne by the Requested
Party unless otherwise mutually agreed.
3. In circumstances where the request involves additional
expenses, the Parties shall negotiate beforehand to affirm
the defrayment of those expenses.
Article 9
Languages
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 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
Differences or Misinterpretations
Differences arising with respect to the application of this MOU
shall be resolved through discussions by the Parties.
Article 12
Effectiveness, Termination and Amendments
1. This MOU shall be effective on the date of signature by the
Parties and may be terminated by either Party by giving the
other Party a thirty-day prior written notice.
2. This MOU may be amended by the mutual consent of the Parties.
IN WITNESS WHEREOF, the undersigned being duly authorized
thereto by their respective governments have signed this MOU.
Done in duplicate at Majuro, on the 30th day of October in the
year 2017 in the Chinese and English languages, both texts being
equally authentic.
FOR THE REPUBLIC OF FOR THE REPUBLIC OF THE
CHINA (TAIWAN) MARSHALL ISLANDS
__________________ __________________
H.E. David Tawei Lee, H.E. John M. Silk
Ph.D.
Minister of Foreign Minister of Foreign
Affairs Affairs