【法规名称】
【颁布时间】 2002-03-26
【法规编号】 43474 什么是编号？
【正 文】
AGREEMENT ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN THE TAIPEI ECONOMIC AND CULTURAL REPRESENTATIVE OFFICE IN THE UNITED STATES AND THE AMERICAN INSTITUTE IN TAIWAN
|
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. |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！