Selanjutnya

MEMORANDUJ\.I O F UNDER STANDING BETWEEN

THE lNDONESIAN FINANClAL TRANSACflON REPORTS A.,"iD ANALYSIS CENTER (lNTRAC)

AND

THE SUSPI CIOUS TRANSACTION REPORTING OFFI CE (STRO) CONCERNING COOPERATION

IN THE EXC HANGE OF nNANCIAL INTF:LLIGENCE RELATED T O MONEY LAUNDERING AND FINANCING OF TERRORISM

The Indonesian Financial Transaction Reports and Analysis Center (Republic of Indonesia) and the Suspicious Transaction Reponing Office (Republic of Singapore) (hereinafter, each referred to as an "Authority" or collectively as "the Authorities") desire, on the basis of reciprocity and in a spirit of cooperation and mutual interest and within the framework of each Authority's nationa] legislation, to facilitate the exchange of information in support of investigations related to money laundering, terrorist fmancing, and other related criminal activity.

To that end the Authorities have reached the following understanding:

lnfomwlion Exchange

l(b). Information exchanged between the ａｵｴｨｯｲｩｴｩｾｳ＠ shall

be

used only for intelligence

purposes and shall not

be used

as evidence

in

any court proceedings.

Use and Disclosure of Respol1$ive Information

2(a), The requesting Authority will use the information provided in ｲｾｳｰｯｮｳ･＠ \0 a request for information only for the pwposes set forth in the request and ｴｨｾ＠ requesting Authority will disclose the information provided in response only to those parties identified in the request.

2(b). The requesting Authority's use or disclosure (including disclosure in an administrative, prosecutorial or judicial proceeding) of the information provided in response to a request beyond that discussed

in

paragraph 2(a) is prohibited without obtaining the prior consent of the Authority providing the responsive information.

Use ond Disclosure of In for motion Contained in a Request

3. The requested Authority may not disclose information contained in the request for information to parties or for purposes not identified in the request without the prior consent of the requesting Authority. However, nothing in this Memorandum of UndersUmding ("Memorandum'')

bars

the requested Authority from transmitting to other appropriate agencies of tile requested Authority's goverrunent (i) the content of the request to obtain information responsive \0 the request, or (ii) the identity of both the requesting Authority and the individual or entity that is the subject of the request to facilitate coordination between other appropriate agencies of the' requested Authority's government.

Compelled Disclosure

4(a). If an Authority is subject to legal process or proceedings that could require the disclosure of information it

has

received from the other Authority, the Authority subject to such process or proceedings will immediately notify the other Authority. 4(b). In the event that the other Authority objects to disclosure of its information as

described in paragraph 4(a), the Authority subject to the legal process Or proceedings

will take reasonable efforts to ensure that the infmmation will not be disseminated to any third party or that appropriate limitations are placed upon the disclosure.

Confidentiality

Limitations

6. Nothing

in

this Memorandum compels one Authority to lend assistance to the other Authority, especially where judicial proceedings have been initiated on the same facts or if such assistance is contrary to the interests of the country of the requested Authority. If an Authority decides not to respond to a request, the Authority that received the request for information will notify the requesting Authority of its decision,

Form a/Correspondence

7. To the extent possible, all requests for information, responses to requests for informatlOn, exchanged information, notices, &nd consents provided pursuant to this Memorandum should be reduced to or ultimately confirmed in writing. Communication between the Authorities will take place in English.

Settlement

0/

Disputes

8. The Authorities agree to apply their best endeavors to implement this Memorandum in good faith, Any differences or disputes arising out of the interpretation or implementation of this Memorandum shall be !lCttled amicably between the Authoritie.'! through mutual consultation and/or negotiation.

Amendments

9. This Memorandum may be amended at any time by mutual consent.

Term and Termina/ion

10(11.). This Memorandum

will

become effective upon signature by the Authorities.

10(b). This Memorandum is revocable at any time. The termination

will

be confirmed in writing by receipt of the written notification from the other Authority. The terms and conditions of this Memorandum dealing with the confidentiality of information and compelled disclosure will remain in effect after the termination ofthis Memorandum, in relation to information that was received prior to the termination of this Memorandum.

No Legal Rdationship

11. This Memorandum is not intended to create lilly legal relationship between the

This English text of this Memorandum

being

the agreed authen.tic text, done in two originals,

both

being

authentic, and each Authority taking the responsibility for translating this

Memorandum

into

any other

language.

For the Indonesion ｆ ｩｮｾｮ｣ｩ｡ ｬ＠ T rans.ction Reports and Analysi,

Center

Signed

'M;.

J\o¢1am.;.-.d

YUSUF

Head

The Indonesian . 'in.ncial T ransact;on Report' and Analys;s Centcr

Signed

on: J.t;

l trr

ｕ＾ｉｾ＠

Signed.t: jA'f'.A(\'"(1I

Fo r the

Suspicious

Transaction RepoI1ing Office

Signed

Mr. TAN

Boon

Gln

Director

Commercial Affairs Department Singapore Police Force

MEMORANDUM OF UNDERST ａｾｄｉｎｇ＠

BETWEEN

THE SUSPICIOUS TRANSACTION REPORTlNG OFFICE (STRO)

AND

TnE INDONESIAN FINANCIAL TRANSACTION REPORTS Al'I'D Ai"AL YSIS CENTER (INTRAC)

CONCERNING COOPERATION

IN THE EXCHANGE OF FINANCIAL INTELLIGENCE RELATED TO MONEY LAITNDERING AND FINANCING OF TERRORISM

The

Suspicious Transaction Reporting Office (Republic of Singapore) and the Indonesian Financial Transaction ｒｾｰｯｲｴｳ＠ and Analysis ｃｾｮｴ･ｲ＠ (Republic of Indonesia) (hereinafter, each referred to as an "Authority" or collectively as "the Authorities'') desire, on the basis of reciprocity

and

in a spirit of cooperation and mutual interest and within the framework of each Authority's national ｬｾｧｩｳｬ｡ｴｩｯｮＬ＠ to facilitate the exchange of infonnation in support of investigations related to money laundering, terrorist financing, and other related criminal activity.

To that end the Authorities have reached the following understanding:

Information Exchange

J{b). Informalion exchanged between the Authorities shall

be

used only for intelligence

purposes and shall not be used as ･ｶｩ､･ｮｾ＠ in any court proceedings.

Use and Disclruure of Responsive Information

2(11.). The requesting Authority will use the inforrmrtion provided in response to a request for infonnation only for the purposes set forth in the request and the requesting Authority will disclose the information provided in response only to those parties identified in the request.

2(b). The requesting Authority's use or disclosure (including disclosure in an administrative, prosecutorial or judicial proceeding) of the infonnation provided in response to B request beyond that discussed in paragraph 2(a) is prohibited without obtaining the prior oonsent of the Authority providing

the

responsive information.

Use and Disclosure of Information COnJained in

a

Request

3. The requested Authority may not disclose information oontained in the request for information to parties or for purposes nnt identified in the request without the prior consent of the requesting Authority. However, nothing in this Memorandum of Understanding ("Memorandum") bars the requested Authority from tnmsmitting to other appropriate agencies of the requested Authority's government (i) the oontent of the request to obtain infonnation responsive to the request, or (il) the identity of both the requesting Authority and the individual or entity

that

is the subject of the request to facilitate coordination between other appropriate agencies of the- requested Authority's government.

ｃｯｾｬｉ･､＠

Disclosure

4(11.). If an Authority is subject to legal process or proceedings that oould require the

disclosure of information it has received from the other Authority, the Authority subject to such process or proceedings will immediately notify the other Authority. 4(b). In the event that the other Authority objects to disclosure of its infonnation as

described in paragraph 4(11.), the Authority subject to the legal process or proceedings will take reasonable efforts to ensure that the infonnation will not be disseminated to any third party or that appropriate limitations are placed upon the disclosure.

Confidentiality

5. All information exchanged by the Authorities will be subjected to strict controls and safeguards to ensure

that

the

information is used only

in

an authorised manner and treated in a oonfidential manner. Exchanged information will be protected by the

Limitations

6. Nothing in this Memorandum compels one Authority to lend assistance to the other Authority, especially where judicial proceedings have been initiated on the same facts or if such assistance is contrary to the interests of the country of the requested Authority. If an Authority decides not to respond to a request, the Authority that received the request for info!llllltion will notify the requesting Authority of its decision.

Form ofCorrespomk"u

7.

To

the extent possible, all requests for information, responses to requests for information, exchanged information, notices, and consents provided pursuant to this Memorandum should be reduced to or ultimately confirmed in writing. Communication betv .. een the Authnrities wiU take place in English.

ｓ･ｴｴｬｾ ｭ･Ｂｴ＠ ofDispuu$

8. The Authorities agree to apply their best endeavors to implement this Memorandum

in

good faith. Any differences or disputes arising out of the intc!pretation or implementation of this Memorandum shall be settled amicably between the Authorities through mutual consultation and/or negotiation.

ａＮｭｾｮ､ｭｾｮｬﾣ＠

9. This Memorandum may be amended at any time by mutual consent.

Term and Termination

100a). This Memorandum will become effective upon signature by the Authorities.

JO(b). This Memorandum is revocable at any time. The termination will be confIrmed in writing by receipt of the written notifIcation from the other Authority. The terms and conditions of this Memorandum dealing with the confIdentiality of informaJ:ion and compelled disclosure will remain in effect after the termination of this Memorandum, in relalion to information that was received prior to the termination of this Memorandum.

No Legal Relalio/lShip

This English ted of thi$ Menwrandwn being the agreed authentic texl, done

i.n

two

originals,

both beiDg BUtitentic,

and

each Authority

taking

the

responsibility

for

translating this

ｍｾｭｯｲ｡ｮ､ｵｭ＠

intn any

other language.

For th e Suspicious Trans action

Report ing

Office

Signed

.

,

Mr. 'fAN

Roou

Gin

Director

Commfrciai AlTairs Department

Siugapon

Police Fon:t:

Sisnedon: 11

%t

I;

Signed

at:

!tJ"'6I1t.k,

For th e ｊｮ､ｯｮ ･ｳ ｩｾｮ＠ Financial

Transaction

Reports aud

An alysis

Ccntf r

Signed

Mr. MlI'a=

m=

m=,d" VU

=S"UF

HClld

The Indooesian Finantiai T r anl3d ion

Rep ort!

lind

Analy!is Cenlcr

Signed

on:

2.;

ｓｾｔ＠

101'3-Signed at: J AjlAII.TA