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1 The Taipei Economic and Cultural Representative Office in the U-nited States and The American Institute in Taiwan, Desiring to improve the effective cooperation of the law enforc-ement authorities of the territories represented by either Partythrough mutual legal assistance in criminal matters on the basisof mutual respect, reciprocity, and mutual benefit, Have agreed as follows: Article 1 General Definitions 1 For the purposes of this Agreement, unless the context otherw-ise requires: (1) The term "AIT" means the American Institute in Taiwan, a no-nprofit corporation incorporated under the laws of the Dist-rict of Columbia pursuant to the Taiwan Relations Act of Ap-ril 10, 1979, Public Law 96-8 (22 U.S.C. §§ 3301 et seq.);(2) The term "TECRO" means the Taipei Economic and Cultural Rep-resentative Office in the United States, an instrumentalityestablished by the Taiwan authorities; and (3) The terms "Party" or "Parties" refer to AIT and/or TECRO.Article 2 Scope of Assistance 1 The Parties shall provide mutual assistance through the relev-ant authorities of the territories they represent, in accorda-nce with the provisions of this Agreement, in connection withthe investigation, prosecution, and prevention of offenses, a-nd in proceedings related to criminal matters. 2 Assistance shall include: (1) taking the testimony or statements of persons; (2) providing documents, records, and articles of evidence;(3) locating or identifying persons; (4) serving documents; (5) transferring persons in custody for testimony or other purp-oses; (6) executing requests for searches and seizures; (7) assisting in proceedings related to immobilization and forf-eiture of assets, restitution, or collection of fines; and(8) any other form of assistance not contrary to the laws of theterritory represented by the Requested Party. 3 Except as otherwise provided in this Agreement, assistance sh-all be provided without regard to whether the conduct that isthe subject of the investigation, prosecution, or proceedingin the territory represented by the Requesting Party would co-nstitute an offense under the laws of the territory represent-ed by the Requested Party. 4 This Agreement is intended solely for mutual legal assistancebetween the Parties.The provisions of this Agreement shallnot give rise to a right on the part of any private person toobtain, suppress, or exclude any evidence, or to impede the e-xecution of a request. Article 3 Designated Representatives 1 Each Party shall designate a Designated Representative to makeand receive requests pursuant to this Agreement. 2 For AIT, the Designated Representative shall be the AttorneyGeneral of the territory represented by AIT or a person desig-nated by the Attorney General.For TECRO, the Designated Rep-resentative shall be the Minister of Justice of the territoryrepresented by TECRO or a person designated by the Minister ofJustice. 3 The Designated Representatives shall communicate directly withone another for the purposes of this Agreement, except that a-ny transfer of funds under this Agreement from one Party to t-he other shall be made between AIT and TECRO in accordance wi-th the provisions of paragraphs 4 and 5. 4 Any transfer of funds to AIT under this Agreement shall be ma-de to AIT by TECRO in U.S. dollars.Payments shall be sentto: Deputy Managing Director American Institute in Taiwan 1700 N. Moore Street, Suite 1700 Arlington, VA22209 Telephone Number:(703) 525-8474 Facsimile Number:(703) 841-1385 Any transfer of funds to TECRO under this Agreement shall be ma-de to the Coordination Council for North American Affairs by AITin New Taiwan dollars or U.S. dollars.Payments shall be sentto: Secretary General Coordination Council for North American Affairs 133 Po-Ai Road Taipei, Taiwan 100 Telephone Number:02-2311-6970 Facsimile Number:02-2382-2651 5 Any request for transfer of funds under this Agreement and anytransfer of funds under this Agreement must be accompanied bysupporting documentation identifying the specific activitiesand costs involved. Article 4 Limitations on Assistance 1 The Designated Representative for the Requested Party may denyassistance if: (1) the request relates to an offense under military law that w-ould not be an offense under ordinary criminal law; (2) the execution of the request would prejudice the security,public order, or similar essential interests of the territo-ry represented by the Requested Party; (3) the request is not made in conformity with the Agreement; or(4) the request is made pursuant to Article 15 and relates to c-onduct which, if committed in the territory represented bythe Requested Party, would not be an offense in that territ-ory. 2 Before denying assistance pursuant to this Article, the Desig-nated Representative for the Requested Party shall consult wi-th the Designated Representative for the Requesting Party toconsider whether assistance can be given subject to such cond-itions as it deems necessary.If the Designated Representati-ve for the Requesting Party accepts assistance subject to the-se conditions, authorities of the territory represented by itshall comply with the conditions. 3 If the Designated Representative for the Requested Party deni-es assistance, it shall inform the Designated Representativefor the Requesting Party of the reasons for the denial. Article 5 Form and Contents of Requests 1 A request for assistance shall be in writing except that theDesignated Representative for the Requested Party may accepta request in another form in an emergency situation.In anysuch case, the request shall be confirmed in writing within t-en days thereafter unless the Designated Representative for t-he Requested Party agrees otherwise.The request shall be inthe language used in the territory represented by the Request-ed Party unless otherwise agreed. 2 The request shall include the following: (1) the name of the authority conducting the investigation, pro-secution, or proceeding to which the request relates; (2) a description of the subject matter and nature of the inves-tigation, prosecution, or proceeding, including the specificcriminal offenses that relate to the matter and any punishm-ent that might be imposed for each offense; (3) a description of the evidence, information, or other assist-ance sought; and (4) a statement of the purpose for which the evidence, informat-ion, or other assistance is sought. 3 To the extent necessary and possible, a request shall also in-clude: (1) information on the identity and location of any person fromwhom evidence is sought; (2) information on the identity and location of a person to beserved, that person's relationship to the proceedings, andthe manner in which service is to be made; (3) information on the identity and whereabouts of a person tobe located; (4) a precise description of the place or person to be searchedand of the articles to be seized; (5) a description of the manner in which any testimony or state-ment is to be taken and recorded; (6) a list of questions to be asked of a witness; (7) a description of any particular procedure to be followed inexecuting the request; (8) information as to the allowances and expenses to which a pe-rson asked to appear in the territory represented by the Re-questing Party will be entitled; and (9) any other information that may be brought to the attentionof the Designated Representative for the Requested Party tofacilitate its execution of the request. 4 If the Designated Representative for the Requested Party cons-iders the contents contained in the request not sufficient toenable the request to be dealt with, it may request additionalinformation. 5 No form of certification or authentication will be required f-or a request for assistance or its supporting documents. Article 6 Execution of Requests 1 The Designated Representative for the Requested Party shall p-romptly execute the request or, when appropriate, shall trans-mit it to the relevant authority for execution.The competentauthorities of the territory represented by the Requested Par-ty shall do everything in their power to execute the request.2 The Designated Representative for the Requested Party shall m-ake all necessary arrangements for and meet the costs of therepresentation of the Requesting Party in the territory repre-sented by the Requested Party in any proceedings arising outof a request for assistance. 3 Requests shall be executed in accordance with the proceduresprovided for by the laws of the territory represented by theRequested Party.The method of execution specified in the re-quest shall be followed except insofar as it is contrary to t-he laws of the territory represented by the Requested Party.4 If the Designated Representative for the Requested Party dete-rmines that execution of a request would interfere with an on-going criminal investigation, prosecution, or proceeding in t-he territory represented by the Requested Party, it may postp-one execution, or make execution subject to conditions determ-ined necessary after consultations with the Designated Repres-entative for the Requesting Party. If the Designated Represen-tative for the Requesting Party accepts the assistance subjectto the conditions, authorities in the territory represented byit shall comply with the conditions. 5 The relevant authorities of the territory represented by theDesignated Representative for the Requested Party shall use t-heir best efforts to keep confidential a request and its cont-ents if such confidentiality is requested by the Designated R-epresentative for the Requesting Party. If the request cannotbe executed without breaching such confidentiality, the Desig-nated Representative for the Requested Party shall so informthe Designated Representative for the Requesting Party, whichshall then determine whether the request should neverthelessbe executed. 6 The Designated Representative for the Requested Party shall r-espond to reasonable inquiries by the Designated Representati-ve for the Requesting Party on progress toward execution of t-he request. 7 The Designated Representative for the Requested Party shall p-romptly inform the Designated Representative for the Requesti-ng Party of the outcome of the execution of the request. If t-he request is denied, the Designated Representative for the R-equested Party shall inform the Designated Representative forthe Requesting Party of the reasons for the denial. Article 7 Costs 1 The authorities of the territory represented by the RequestedParty shall pay the costs relating to the execution of the re-quest, but the authorities of the territory represented by theRequesting Party shall bear: (1) the allowances or expenses for the travel of persons underArticles 11 and 12 of this Agreement in accordance with theregulations of the territory represented by the RequestingParty; (2) the allowances or expenses for persons to travel to and fro-m and stay in the territory represented by the Requested Pa-rty under Article 9(3) of this Agreement; (3) the expenses and fees of experts; and (4) the costs of translation, interpretation, and transcription.2 If it becomes apparent that the execution of the request requ-ires expenses of an extraordinary nature, the Designated Repr-esentatives for the Parties shall consult to determine the te-rms and conditions under which the request can be executed.Article 8 Limitations on Use 1 The Designated Representative for the Requested Party may req-uest that the authorities of the territory represented by theRequesting Party not use any information or evidence obtainedunder this Agreement in any investigation, prosecution, or pr-oceeding other than that described in the request without theprior consent of the Designated Representative for the Reques-ted Party.In such cases, the authorities of the territory r-epresented by the Requesting Party shall comply with the cond-itions. 2 The Designated Representative for the Requested Party may req-uest that information or evidence furnished under this Agreem-ent be kept confidential or be used only subject to terms andconditions it may specify.If the Designated Representativefor the Requesting Party accepts the information or evidencesubject to such conditions, the relevant authorities of the t-erritory represented by the Requesting Party shall use theirbest efforts to comply with the conditions. 3 Nothing in this Article shall preclude the use or disclosureof information to the extent that there is an obligation to doso for the territory represented by AIT under that territory'sConstitution or for the territory represented by TECRO underthat territory's Constitution or law in a criminal prosecution. The Designated Representative for the Requesting Party shallnotify the Designated Representative for the Requested Partyin advance of any such proposed disclosure. 4 Information or evidence that has been made public in the terr-itory represented by the Requesting Party in accordance withparagraphs 1, 2, or 3 may thereafter be used for any purpose.Article 9 Testimony or Evidence in the Territory Represented by the Reque-sted Party 1 A person in the territory represented by the Requested Partyfrom whom evidence is requested pursuant to this Agreement sh-all be compelled, if necessary, to appear and testify or prod-uce items, including documents, records, and articles of evid-ence.A person who gives false testimony, either orally or inwriting, in execution of a request, shall be subject to prose-cution and punishment in the territory represented by the Req-uested Party in accordance with the criminal laws of that ter-ritory. 2 Upon request, the Designated Representative for the RequestedParty shall furnish information in advance about the date andplace of the taking of the testimony or evidence pursuant tothis Article. 3 The authorities of the territory represented by the RequestedParty shall permit the presence of such persons as specifiedin the request during the execution of the request, and shallallow such persons to pose questions to the person giving thetestimony or evidence and to make a verbatim transcript in amanner agreed to by the authorities of the territory represen-ted by the Requested Party. 4 If the person referred to in paragraph 1 asserts a claim of i-mmunity, incapacity, or privilege under the laws of the terri-tory represented by the Requesting Party, the evidence, inclu-ding all items requested, shall nonetheless be taken and theclaim made known to the Designated Representative for the Req-uesting Party for resolution by the authorities of that terri-tory. 5 Evidence produced in the territory represented by the Request-ed Party pursuant to this Article or that is the subject of t-estimony taken under this Article may be authenticated by a d-eclaration, including, in the case of business records, authe-ntication in the manner indicated in Form A appended to thisAgreement.Documents authenticated by Form A shall be admiss-ible in evidence in courts in the territory represented by theRequesting Party. Article 10 Records of the Territories Represented by the Parties 1 The Designated Representative for the Requested Party shall p-rovide the Designated Representative for the Requesting Partywith copies of publicly available records, including documentsor information in any form, in the possession of departmentsand agencies of the authorities of the territory representedby the Requested Party. 2 The Designated Representative for the Requested Party may pro-vide copies of any documents, records, or information which a-re in the possession of a department or agency of the authori-ties of the territory represented by that Party, but which arenot publicly available, to the same extent and under the sameconditions as such copies would be available to the law enfor-cement or judicial authorities of the territory represented bythe Requested Party.The Designated Representative for the R-equested Party may in its discretion deny a request pursuantto this paragraph entirely or in part. 3 Records produced pursuant to this Article may be authenticatedby the person in charge of maintaining them through the use ofForm B appended to this Agreement.No further authenticationshall be necessary.Documents authenticated under this parag-raph shall be admissible in evidence in courts in the territo-ry represented by the Requesting Party. Article 11 Transfer of Persons in Custody 1 A person in the custody of the authorities of the territory r-epresented by the Requested Party whose presence in the terri-tory represented by the Requesting Party is sought for purpos-es of assistance under this Agreement may be transferred fromthe territory represented by the Requested Party to the terri-tory represented by the Requesting Party for that purpose ifthe person consents and if the Designated Representatives forboth Parties agree. 2 A person in the custody of the authorities of the territory r-epresented by the Requesting Party whose presence in the terr-itory represented by the Requested Party is sought for purpos-es of assistance under this Agreement may be transferred fromthe territory represented by the Requesting Party to the terr-itory represented by the Requested Party if the person consen-ts and if the Designated Representatives for both Parties agr-ee. 3 For purposes of this Article: (1) the authorities of the territory represented by the receivi-ng Party shall have the authority and the obligation to keepthe person transferred in custody unless otherwise authoriz-ed by the authorities of the territoryrepresented by thesending Party; (2) the authorities of the territory represented by the receivi-ng Party shall return the person transferred to custody inthe territory represented by the sending Party within 30 da-ys of the transfer or as soon as circumstances permit or asotherwise agreed by both Designated Representatives; (3) the authorities of the territory represented by the receivi-ng Party shall not require the authorities of the territoryrepresented by the sending Party to initiate extradition pr-oceedings for the return of the person transferred; and (4) the person transferred shall receive credit for service ofthe sentence imposed in the territory represented by the se-nding Party for time served in custody in the territory rep-resented by the receiving Party. Article 12 Testimony in the Territory Represented by the Requesting Party 1 When the Designated Representative for the Requesting Party r-equests the appearance of a person in the territory represent-ed by the Requesting Party, the Designated Representative forthe Requested Party shall invite the person to appear beforethe appropriate authority in the territory represented by theRequesting Party.The Designated Representative for the Requ-esting Party shall indicate the extent to which the expenseswill be paid.The Designated Representative for the RequestedParty shall promptly inform the Designated Representative forthe Requesting Party of the response of the person. 2 The Designated Representative for the Requested Party may req-uest the Designated Representative for the Requesting Party tomake a commitment that a person who has been asked to be pres-ent in the territory represented by the Requesting Party acco-rding to this Article not be prosecuted, detained, subject toservice of process, or subject to any other restriction of pe-rsonal liberty, for any acts or omissions or convictions whichpreceded such person's entry into the territory represented bythe Requesting Party, and that such person shall not be oblig-ed to give evidence or assist in any investigation, prosecuti-on, or proceeding other than that to which the request relate-s, except with the prior consent of the Designated Representa-tive for the Requested Party and such person.The person who-se presence is requested may decline to comply with the reque-st if the Designated Representative for the Requesting Partydoes not grant such assurances. 3 The safe conduct provided for by this Article shall cease sev-en days after the Designated Representative for the RequestingParty has notified the Designated Representative for the Requ-ested Party that the person's presence is no longer required,or when the person, having left the territory represented bythe Requesting Party, voluntarily returns.The Designated Re-presentative for the Requesting Party may, in its discretion,extend this period up to fifteen days if it determines that t-here is good cause to do so. Article 13 Location or Identification of Persons or Items If the Designated Representative for the Requesting Party seeksthe location or identity of persons or items in the territory r-epresented by the Requested Party, the authorities of the terri-tory represented by the Requested Party shall use their best ef-forts to ascertain the location or identity. Article 14 Service of Documents 1 The authorities of the territory represented by the RequestedParty shall use their best efforts to effect service of any d-ocument relating, in whole or in part, to any request for ass-istance made by the Designated Representative for the Request-ing Party under the provisions of this Agreement. 2 The Designated Representative for the Requesting Party shalltransmit any request for the service of a document requiringthe appearance of a person before an authority in the territo-ry represented by the Requesting Party a reasonable time befo-re the scheduled appearance. 3 The Designated Representative for the Requested Party shall r-eturn a proof of service in the manner specified in the reque-st. Article 15 Search and Seizure 1 The Designated Representative for the Requested Party shall o-btain the execution of a request for the search, seizure, anddelivery of any item to the Designated Representative for theRequesting Party if the request includes the information just-ifying such action under the laws of the territory representedby the Requested Party. 2 Upon request, every person who has custody of a seized item s-hall certify, through the use of Form C appended to this Agre-ement, the continuity of custody, the identity of the item, a-nd the integrity of its condition.No further certificationshall be required.The certificate shall be admissible in ev-idence in courts in the territory represented by the Requesti-ng Party. 3 The Designated Representative for the Requested Party may req-uire that the Designated Representative for the Requesting Pa-rty agree to the terms and conditions deemed necessary to pro-tect third party interests in the item to be transferred. Article 16 Return of Items The Designated Representative for the Requested Party may requi-re that the Designated Representative for the Requesting Partyreturn any items, including documents, records, or articles ofevidence, furnished to it in execution of a request under thisAgreement as soon as possible. Article 17 Assistance in Forfeiture Proceedings 1 If the Designated Representative for one Party becomes awareof proceeds or instrumentalities of offenses which are locatedin the territory represented by the other Party and may be fo-rfeitable or otherwise subject to seizure under the laws of t-he territory represented by that Party, it may so inform theDesignated Representative for the other Party.If the releva-nt authorities of the territory represented by that other Par-ty have the necessary authority over forfeiture or seizure, t-he Designated Representative for that other Party may presentthis information to the authorities of the territory represe-nted by that Party for a determination whether any action isappropriate.These authorities shall issue their decision inaccordance with the laws of their territory, and shall, throu-gh their Designated Representative, report to the DesignatedRepresentative for the other Party on the action taken. 2 The Designated Representatives for the Parties shall assist e-ach other to the extent permitted by the respective laws of t-he territories represented by them in proceedings relating tothe forfeiture of the proceeds and instrumentalities of offen-ses, restitution to the victims of crime, and the collectionof fines imposed as sentences in criminal prosecutions. Thismay include action to immobilize temporarily the proceeds orinstrumentalities pending further proceedings. 3 Proceeds or instrumentalities of offenses shall be disposed ofin accordance with the laws of the territories represented bythe Parties.Either Party may transfer all or part of such a-ssets, or the proceeds of their sale, to the other Party, tothe extent permitted by the laws of the territory representedby the transferring Party and upon such terms as it deems app-ropriate. Article 18 Compatibility with Other Agreements Assistance and procedures set forth in this Agreement shall notprevent either of the Parties or their Designated Representativ-es from granting assistance to the other Party through the prov-isions of other applicable agreements, or through the provisionsof the laws applicable in the territory represented by it. TheParties may also provide assistance pursuant to any arrangement,agreement, or practice which may be applicable. Article 19 Consultation The Designated Representatives for the Parties shall consult, attimes mutually agreed to by them, to promote the most effectiveuse of this Agreement.The Designated Representatives may alsoagree on such practical measures as may be necessary to facilit-ate the implementation of this Agreement. Article 20 Entry into Force; Termination 1 This Agreement shall enter into force on the date of the finalsignature hereafter. 2 Either Party may terminate this Agreement by means of writtennotice to the other Party. Termination shall take effect sixmonths following the date of receipt of such notification.3 This Agreement applies to any request presented after its ent-ry into force even if the relevant offenses occurred before t-his Agreement enters into force. IN WITNESS WHEREOF, the undersigned, being duly authorized ther-eto, have signed this Agreement. Washington, DC DONE at ─────── in duplicate, in the Chinese and English 26th languages, both texts being equally authentic, this ──day of t March he───month of the year two thousand and two. FOR THE TAIPEI ECONOMIC FOR THE AMERICAN INSTITUTEAND CULTURAL REPRESENTATIVE IN TAIWAN: OFFICE IN THE UNITED STATES: 程建人 Richard C. Bush NAME: ────────── NAME: ───────── Chien-jen chen Chairman TITLE:────────── TITLE:───────── MARCH 26, 2002 26 MARCH 2002 DATE: ────────── DATE: ───────── Form A CERTIFICATE OF AUTHENTICITY OF BUSINESS RECORDS I,________ [name]________ , declare on penalty of criminal puni-shment for false statement or declaration that I am employed by_________[name of business from which documents are sought]_________ and that mytitle is ________ [title] __________. I furth-er state that each of the records attached hereto is the origin-al or a duplicate of the original record in the custody of __________ [name of business from which documents are sought]. I further state that: A) such records were made, at or near the time of the occurrenceof the matters set forth, by (or from information transmittedby) a person with knowledge of those matters; B) such records were kept in the course of a regularly conductedbusiness activity; C) the business activity made such records as a regular practice; and D) if any such record is not the original, it is a duplicate ofthe original. _________ [signature]____________ ________ [date]________Sworn to or affirmed orally before me,_________ [name] _________, a judicial officer, this _____ day of ______________________,20___. Form B CERTIFICATE OF AUTHENTICITY OF FOREIGN PUBLIC DOCUMENTS I,_______ [name]________, declare on penalty of criminal punish-ment for false statement or declaration that my position with t-he Authority of___________[territory]___________is______________[title]___________and that in that position I am authorized bythe law of_____________ [territory]_____________ to declare thatthe documents attached and described below are true and accuratecopies of original records which are recorded or filed in __________________ [name of office or agency]__________________ , whi-ch is an office or agency of____________ [territory]___________.Description of Documents: _________ [signature]_________ _________ [title]_____________ _________ [date] _____________ Form C CERTIFICATE WITH RESPECT TO SEIZED ARTICLES I,_________[name]_________, declare on penalty of criminal puni-shment for false statement or declaration that my position withthe Authority of_______ [territory] _________is_________ [title]_________ . I received custody of the articles listed below from[name of person]on [date], at[place] in the same condition as when I received them (or, if different, as noted below). Description of Articles: Changes in condition while in my custody: _________ [signature]_________ _________ [title]_____________ _________ [place]_____________ _________ [date]______________