The Agreement on Mutual Legal Assistance in Criminal Matters between the Taipei Economic and Cultural Office in the Philippines and the Manila Economic and Cultural Office was passed today at the Cabinet meeting.
Premier Jiang Yi-huah instructed the Ministry of Foreign Affairs and Ministry of Justice to explain the agreement's details and communicate closely with the legislative caucuses of ruling and opposition parties so that the agreement can be ratified by the Legislature within the current session.
The main points of the agreement are as follows:
1.The scope of assistance includes: taking the testimony or statements of persons; providing documents, records and articles of evidence; locating or identifying persons of interest; serving documents; executing requests for searches and seizure; deportation of persons; assisting in proceedings related to immobilization and forfeiture of assets or collection of fines; and any other form of assistance not contrary to the laws of the territory represented by the requested party. (Article 1)
2.A request for assistance shall be in writing except that the requested party may accept a verbal request in an emergency situation. In any such case, the request shall be confirmed in writing within 10 days thereafter. (Article 4)
3.Without written consent from the authorities of the territory represented by the requested party, the requesting party or authorities of the territory represented by the requesting party may not use any information or evidence obtained under the agreement for any purpose other than that described in the written request. (Article 7)
4.The agreement shall take effect 30 days following mutual notification that the agreement has been passed in both territories. Either party may terminate the agreement by means of written notice to the other party. Termination shall take effect six months following the date of receipt of such notification. (Article 22)