Memorandum of Understanding Between The American Institute in Taiwan and The Taipei Economic and Cultural Representative Office in the United States Regarding Certain Consular Functions The American institute in Taiwan and the Taipei Economic and Cultural Representative Office in the United States {collectively referred to as the ?counterpart organizations?), have, since 1980, consistent with domestic law and customary international law as applicable to the authorities they respectively represent, performed consular functions and provided consular assistance including. but not limited to= the visitation of detained persons on behalf of the authorities they respectively represent. in light of the impertance of these critical consular functions. the counterpart organizations have come to the following mutual understandings with respect to procedures that are expected to be followed in the territories of the authorities they respectively represent. SECTION 3 TECRO affirms that the following procedures are expected to be followed in the territory of the authorities it represents. TECRO commits to use its best efforts. through its designated representative; the Ministry of Foreign Affairs, to coordinate with competent authorities in the territory of the authorities it represents to achieve the effective and timely performance of these functions. 1. Competent authorities in the territory of the authorities represented by TECRO are expected to: a. advise a detained US. national without delay that he or she may have a representative from AIT notified of his or her detention; b. notify All" of the detention, without delay. if requested by the detained person; c. permit an All? representative to visit the detained person and arrange for his or her legal representation, with such visits occurring on a continuing basis if the detained person so wishes; d. permit communication between the detained U.S. national and AIT representatives; and e. permit an AIT representative to communicate with U.S. nationals and have access to them. 2. If the relevant information is available to competent authorities in the territory of the authorities represented by TECRO. these authorities are expected to inform AIT without delay: a. ofthe death ofa US. national; and b. of any case where the appointment of a guardian or trustee appears to be in the interests of a minor or other person lacking full capacity who is a US. national. TECRO, through its designated representative, the Ministry of Foreign Affairs, has identi?ed the following of?ce as the appropriate point ofcontaet to provide assistance to representatives of AIT if they encounter dif?culties or other issues with reapect to the functions described in this section: LA.) Taiwan Councit for US. Affairs (TCUSA) 4. The commitments referred to in Section 1(1) of this MOU should be exercised in conformity with the laws and regulations of the territory of the authorities represented by TECRO. with the understanding, however, that TECRO works, through its designated representative, to the extent permitted under the laws and regulations of the authorities it represents, to ensure that iocal competent authorities act consistent with the commitments referred to in Section 1( 1). SECTION 2 AIT affirms that the following procedures are expected to be tbliowed in the territory of the authorities it represents. AIT commits to use its best efforts, through its designated representative, the US. Department of State, Bureau of Consular Affairs, to coordinate with competent authorities in the territory of the authorities it represents to achieve the effective and timely performance of these functions. 1. Competent authorities in the territory of the authorities represented by AIT are expected to: a. advise a detained Taiwan passport holder without deiay that he or she may have a representative from TECRO notified of his or her detention; b. notify TECRO of the detention, without delay, if requested by the detained person; c. permit a TECRO representative to visit the detained person and arrange for his or her legal representation, with such visits occurring on a continuing basis if the detained person so wishes; d. permit communication between the detained Taiwan pasSport holder and TECRO representatives; and e. permit a TECRO representative to communicate with Taiwan passport holders and have access to them. to if the relevant information is available to competent authorities in the territory of the authorities represented by AIT, these authorities are expected to inform TECRO without delay: a. of the death of a Taiwan passport holder; and b. of any case where the appointment of a guardian or trustee appears to be in the interests of a minor or other person lacking full capacity who is a Taiwan passport holder. 3. through its designated representative, the US. Department ofState, Bureau of Consular Affairs. has identi?ed the following of?ce as the appropriate point of contact to provide assistance to representatives of TECRO if they encounter difficulties or other issues with respect to the functions described in this section: Consular Notification and Access Programs, Of?ce of Policy Coordination and Public Affairs. Bureau of Consular Affairs. US. Department of State 4. The commitments referred to in Section 2(1) of this MOU should be exercised in conformity with the laws and regulations ofthe territory of the authorities represented by AIT with the understanding. however, that AIT works. through its designated representative, to the extent permitted under the laws and regulations of the authorities it represents. to ensure that local competent authorities act consistent with the commitments referred to in Section SECTION 3 1. This Memorandum of Understanding is an expression of the mutual intentions and expectations of AIT and TECRO. 2. This Memorandum of Understanding may be modified by mutual decision ofthe counterpart organizations in writing. 3. Either counterpart organization may discontinue cooperation under this MOU at any time, but is expected to provide written notice to the other counterpart organization at least 130 days in advance of the intended date of discontinuation. 4. This Memorandum of Understanding is intended to apply inde?nitely unless discontinued consistent with this Section. Signed at U?i on 2019. FOR THE AMERICAN INSTITUTE FOR TIIE TAIPEI ECONOMIC AND CULTURAL REPRESENTATIVE OFFICE IN TAIWAN IN THE UNITED STATES Awe?2% era John J. Norris, .lr. Louis M. Huang Managing Director Deputy Representative Memorandum of Understanding Between The Taipei Economic and Cultural Representative Of?ce in the United States and The American Institute in Taiwan Regarding Certain Consular Functions The Taipei Economic and Cultural Representative Of?ce in the United States and the American Institute in Taiwan (collectively referred to as the ?counterpart organizations?), have, since 1980, consistent with domestic law and customary international law as applicable to the authorities they respectively represent, performed consular functions and provided consular assistance including, but not limited to, the visitation of detained persons on behalf of the authorities they respectively represent. In light of the importance of these critical consular functions, the counterpart organizations have come to the following mutual understandings with respect to procedures that are expected to be followed in the territories of the authorities they respectiveiy represent. SECTION 1 TECRO af?rms that the following procedures are expected to be followed in the territory of the authorities it represents. TECRO commits to use its best efforts, through its designated representative, the Ministry of Foreign Affairs, to coordinate with competent authorities in the territory of the authorities it represents to achieve the effective and timeiy performance of these functions. 1. Competent authorities in the territory of the authorities represented by TECRO are expected to: a. advise a detained U.S. national without delay that he or she may have a representative from AIT notified ofhis or her detention; - notify AIT of the detention, without delay, if requested by the detained person; c. permit an AIT representative to visit the detained person and arrange for his or her legal representation, with such visits occurring on a continuing basis if the detained person so wishes; d. permit communication between the detained U.S. natioaal and AIT representatives; and e. permit an AIT representative to communicate with US. nationals and have access to them. 2. if the relevant infomiation is available to competent authorities in the territory of the authorities represented by TECRO, these authorities are expected to inform AIT without delay: a. of the death of a US. national; and h. of any case where the appointment of a guardian or trustee appears to be in the interests of a minor or other person lacking fuli capacity who is a U.S. national. 3. TECRO, through its designated representative, the Ministry of Foreign Affairs, has identi?ed the foilowing of?ce as the appropriate point of contact to provide assistance to representatives of AIT if they encounter dif?culties or other issues with respect to the functions described in this section: Taiwan Council for US. Affairs (TCUSA) 4. The commitments referred to in Section 1(1) of this MOU should be exercised in conformity with the laws and regulations of the territory of the authorities represented by TECRO, with the understanding, however, that TECRO works, through its designated representative, to the extent permitted under the laws and regulations of the authorities it represents, to ensure that local competent authorities act consistent with the commitments referred to in Section SECTION 2 AIT affirms that the foilowing procedures are expected to be followed in the territory of the authorities it represents. AIT commits to use its best efforts, through its designated representative, the U.S. Department of State, Bureau of Consular Affairs, to coordinate with competent authorities in the territory of the authorities it represents to achieve the effective and timely performance of these functiOns. l. Competent authorities in the territory of the authorities represented by All? are expected to: a. advise a detained Taiwan passport holder without delay that he or she may have a representative from TECRO notified of his or her detention; b. notify TECRO of the detention, without delay, if requested by the detained person; c. permit a TECRO representative to visit the detained person and arrange for his or her legal representation, with such visits occurring on a continuing basis if the detained person so wishes; d. permit communication between the detained Taiwan passport holder and TECRO representatives; and e. permit a TECRO representative to communicate with Taiwan passport holders and have access to them. 2. If the relevant information is available to competent authorities in the territory of the authorities represented by AIT, these authorities are expected to inform TECRO without delay: a. of the death of a Taiwan passport holder; and h. of. any case where the appointment of a guardian or trustee appears to he in the interests of a minor or other person lacking full capacity who is a Taiwan passport holder. 3. AIT, through its designated representative, the US. Department of State, Bureau of Consuiar Affairs, has identi?ed the following of?ce as the appropriate point of contact to provide assistance to repreSentatives of TECRO if they encounter dif?culties or other issues with respect to the described in this section: Consular Noti?cation and Access Programs, Office of Policy Coordination and Public Affairs, Bureau of Consular Affairs, US. Department of State 4. The referred to in Section 2(1) of this MOU should be exercised in conformity with the laws and regulations of the territory of the authorities represented by AIT with the understanding, however, that AIT works, through its designated representative, to the extent permitted under the iaws and regulations of the authorities it represents, to ensure that local competent authorities act consistent with the commitments referred to in Section SECTION 3 1. 2. This Memorandum of Understanding is an expression of the mutual intentions and expectations of TECRO and AIT. This Memorandum of Understanding may be modified by mutual decision of the counterpart organizations in writing. Either counterpart organization may discontinue cooperation under this MOU at any time, but is expected to provide written notice to the other counterpart organization at least 180 days in advance of the intended date of discontinuation. This Memorandum of Understanding is intended to apply inde?nitely unless discontinued consistent with this Section. Signed atfiin?mewh', WI on SEWENIER 3 2019. FOR THE TAIPEI ECONOMIC AND FOR THE AMERICAN INSTITUTE 1N CULTURAL REPRESENTATIVE OFFICE TAIWAN IN THE UNITED STATES John J. Norris, Jr. Louis Huang Managing Director Deputy Representative