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Chinese Taipei Anti-money laundering and counter -terrorist financing measures Chinese Taipei Mutual Evaluation Report October 2019 Anti-money laundering and counter-terrorist financing measures in Chinese Taipei 2019 @ APG 2019 1 EXECUTIVE SUMMARY The Asia/Pacific Group on Money Laundering (APG) is an inter-governmental organisation consisting of 41 members in the Asia-Pacific region, as well as organisations, and observers from outside the region. Under Article 1 of the APG Terms of Reference 2012, the APG is a non-political, technical body, whose members are committed to the effective implementation and enforcement of the internationally accepted standards against money laundering, financing of terrorism and proliferation financing set by the Financial Action Task Force. This document, any expression herein, and/or any map included herein, are without prejudice to the status of, or sovereignty over, any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. Under the APG Terms of Reference, membership in the APG is open to jurisdictions which have a presence in the Asia-Pacific region. For more information about the APG, please visit the website: www.apgml.org. This mutual evaluation report was adopted by the APG at its annual meeting in August 2019. Citing reference: APG (2019), Anti-money laundering and counter-terrorist financing measures – Chinese Taipei, Third Round Mutual Evaluation Report, APG, Sydney http://www.apgml.org/includes/handlers/get-document.ashx?d=17b44799-0e1d-4701-90a1- 79584101bb9e © October 2019 APG No reproduction or translation of this publication may be made without prior written permission. Applications for permission to reproduce all or part of this publication should be made to: APG Secretariat Locked Bag A3000 Sydney South New South Wales 1232 AUSTRALIA Tel: +61 2 5126 9110 E mail: [email protected] Web: www.apgml.org Cover image: Courtesy of Anti-Money Laundering Office, Executive Yuan of Chinese Taipei, authorized by Taipei 101, and copyright © Hsiao, Wen-Chang (photographer) 2 Anti-money laundering and counter-terrorist financing measures in Chinese Taipei, 2019 @ APG 2019 TABLE OF CONTENTS EXECUTIVE SUMMARY ......................................................................................................................................................... 5 Risks and General Situation ............................................................................................................................................. 7 Overall Level of Effectiveness and Technical Compliance .................................................................................. 7 Priority Actions ................................................................................................................................................................... 12 Effectiveness & Technical Compliance Ratings ..................................................................................................... 14 MUTUAL EVALUATION REPORT OF CHINESE TAIPEI.......................................................................................... 15 Preface .................................................................................................................................................................................... 15 CHAPTER 1. ML/TF RISKS AND CONTEXT ............................................................................................................ 16 ML/TF Risks and Scoping of Higher-Risk Issues .................................................................................................. 16 Materiality............................................................................................................................................................................. 20 Structural Elements .......................................................................................................................................................... 22 Background and other Contextual Factors.............................................................................................................. 22 CHAPTER 2. NATIONAL AML/CFT POLICIES AND COORDINATION .......................................................... 28 Key Findings and Recommended Actions ............................................................................................................... 28 Immediate Outcome 1 (Risk, Policy and Coordination) .................................................................................... 29 CHAPTER 3. LEGAL SYSTEM AND OPERATIONAL ISSUES ............................................................................. 35 Key Findings and Recommended Actions ............................................................................................................... 35 Immediate Outcome 6 (Financial intelligence ML/TF) ...................................................................................... 37 Immediate Outcome 7 (ML investigation and prosecution) ............................................................................ 47 Immediate Outcome 8 (Confiscation) ....................................................................................................................... 55 CHAPTER 4. TERRORIST FINANCING AND FINANCING OF PROLIFERATION ....................................... 64 Key Findings and Recommended Actions ............................................................................................................... 64 Immediate Outcome 9 (TF investigation and prosecution) ............................................................................. 66 Immediate Outcome 10 (TF preventive measures and financial sanctions) ............................................ 71 Immediate Outcome 11 (PF financial sanctions) ................................................................................................. 74 CHAPTER 5. PREVENTIVE MEASURES .................................................................................................................... 79 Key Findings and Recommended Actions ............................................................................................................... 79 Immediate Outcome 4 (Preventive Measures) ...................................................................................................... 80 CHAPTER 6. SUPERVISION ........................................................................................................................................... 90 Key Findings and Recommended Actions ............................................................................................................... 90 Immediate Outcome 3 (Supervision) ........................................................................................................................ 91 CHAPTER 7. LEGAL PERSONS AND ARRANGEMENTS .................................................................................. 106 Key Findings and Recommended Actions ............................................................................................................ 106 Immediate Outcome 5 (Legal Persons and Arrangements) .......................................................................... 107 CHAPTER 8. INTERNATIONAL COOPERATION ................................................................................................ 114 Key Findings and Recommended Actions ............................................................................................................ 114 Immediate Outcome 2 (International Cooperation) ........................................................................................ 115 TECHNICAL COMPLIANCE ANNEX ............................................................................................................................. 125 Recommendation 1 - Assessing Risks and applying a Risk-Based Approach ........................................ 125 Recommendation 2 - National Cooperation and Coordination ................................................................... 127 Recommendation 3 - Money laundering offence ............................................................................................... 128 Recommendation 4 - Confiscation and provisional measures ..................................................................... 130 Recommendation 5 - Terrorist financing offence ............................................................................................. 132 Recommendation 6 - Targeted financial sanctions related to terrorism and terrorist financing . 135 Recommendation 7 – Targeted Financial sanctions related to proliferation ........................................ 139 Recommendation 8 – Non-profit organisations ................................................................................................. 142 Recommendation 9 – Financial institution secrecy laws ............................................................................... 145 Anti-money laundering and counter-terrorist financing measures in Chinese Taipei 2019 @ APG 2019 3 EXECUTIVE SUMMARY Recommendation 10 – Customer due diligence ................................................................................................ 146 Recommendation 11 – Record-keeping ................................................................................................................ 151 Recommendation 12 – Politically exposed persons ......................................................................................... 152 Recommendation
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