【法规名称】
【颁布时间】 2002-03-26
【法规编号】 43474 什么是编号？
【正 文】
第5页 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
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[接上页] 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. |
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