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Title: International Cooperation and Development Act Ch
Date: 2010.06.15
Legislative: The following 16 articles, stipulated on May 18, 2010, were promulgated on June 15, 2010, through Presidential Decree No. Hua-Zong-I-Yi-09900146501
Content:

Article 1

This Act aims to help the Republic of China (Taiwan) (hereinafter the “ROC”)

enhance its foreign relations and assume its international responsibilities, as well

as to establish the goals, principles, scope, methods and partners with respect to

international cooperation and development affairs.

Article 2

Unless otherwise covered by treaties or agreements between the ROC and its

diplomatic allies, friendly countries or intergovernmental organizations,

international cooperation and development affairs shall be governed by this Act.

Article 3

The competent authority in charge of administering this Act is the Ministry of

Foreign Affairs.

Article 4

The term “international cooperation and development affairs” as used in this Act

refers to cooperation and development projects carried out between the ROC

and either its diplomatic allies, friendly countries, intergovernmental

organizations or international non-governmental organizations in order to

provide governmental development assistance, humanitarian aid or other related

forms of cooperation and development projects.

Article 5

The goals of international cooperation and development affairs are as follows:

1. To promote diplomatic relations;

2. To enhance friendly relations with countries that do not have diplomatic

ties with the ROC;

3. To promote cooperation with intergovernmental organizations and

international non-governmental organizations;

4. To improve the welfare of the people of the ROC’s diplomatic allies and

friendly developing countries by increasing income, alleviating poverty

and raising living standards;

5. To ensure human security and safeguard such universal values as peace,

democracy, human rights, humanitarian care and sustainable

development;

6. To fulfill international obligations and responsibilities, and actively

contribute to the international community.

Article 6

International cooperation and development affairs shall be handled in

accordance with the following principles:

1. To draw on the ROC’s development experience and comparative

advantages to assist partner countries in their overall development

strategies and establish partnerships accordingly;

2. To promote the economic and social development of partner countries in

line with international development trends and key issues;

3. To assist partner countries in increasing government effectiveness,

improving the quality of human resources, boosting employment and

enhancing the competitiveness of the private sector;

4. To help partner countries in formulating development strategies,

ensuring the welfare of their people and promoting sustainable

development;

5. To participate in aid and development projects run by

inter-governmental organizations and international non-governmental

organizations, and establish cooperative relationships accordingly;

6. International cooperation and development projects shall be in the

ROC’s national interests.

Article 7

The scope of international cooperation and development affairs shall be as

follows:

1. To participate in bilateral or multilateral cooperation and development

projects to improve the basic social, economic and production

infrastructure, and promote sustainable development in the diplomatic

allies of, or countries friendly to, the ROC, with reference to the official

development assistance (ODA) categories of the Organization for

Economic Cooperation and Development;

2. To provide humanitarian aid to countries and people suffering from

natural disasters or wars;

3. Other matters related to international cooperation and development

affairs.

Article 8

The following methods may be used for international cooperation and

development affairs:

1. Technical assistance and capacity building;

2. Investments;

3. Loans;

4. Guarantees;

5. Financial donations;

6. Gifts in kind;

7. Dispatch of personnel;

8. Development strategy consultations;

9. Other feasible methods.

The regulations pertaining to the means, procedures, parties involved and other

relevant requirements for handling the affairs in the preceding paragraph shall

be prescribed by the competent authority and submitted to the Executive Yuan

for approval.

Article 9

International cooperation and development affairs shall be handled by the

competent authority or, depending on their nature, by other government

agencies/institutions with the relevant authority. Where necessary, the

competent authority may coordinate with other agencies/institutions to handle

the affairs.

Where a government agency/institution other than the competent authority

handles international cooperation and development affairs, it shall give prior

notice and periodically send updates to the competent authority. For

international cooperation and development projects already underway on the

date this Act enters into force, the competent authority shall be informed and

periodically sent updates.

Article 10

Partners in international cooperation and development affairs shall be foreign

governments, intergovernmental organizations, international non-governmental

organizations and other foreign institutions, organizations or professionals

recognized by the ROC government.

If a cooperation partner is deemed likely to harm the interests of the ROC or its

people, the competent authority or other government agencies/institutions, legal

entities, organizations and professionals shall immediately cease cooperation

with the said partner and seek compensation, where appropriate.

Article 11

When handling international cooperation and development affairs, the

competent authority or other government agencies/institutions may first

commission the International Cooperation and Development Fund, or

commission other legal entities, organizations or professionals to handle them.

When commissioned in accordance with the preceding paragraph, the

International Cooperation and Development Fund may then commission

domestic or foreign financial institutions, legal entities, or other professional

institutions to handle the affairs, where necessary.

Article 12

The competent authority shall actively coordinate with local governments,

non-governmental organizations or public/private enterprises to participate in

international cooperation and development affairs, and provide necessary

assistance.

In order to encourage the people of the ROC to participate in international

cooperation and development affairs, the competent authority or other

government agency/institution shall make public through its website, or other

suitable channels, details of the latest international cooperation and development

projects, except for classified information.

Article 13

The competent authority or other government agencies/institutions handling

international cooperation and development affairs shall plan, evaluate, supervise

and assess the implementation of all related matters. For public construction

projects that cost more than US$5 million and that fulfill one or more of the

following conditions, an objective and impartial opinion on project feasibility

from a third party shall be provided:

1. Funded entirely by the ROC government;

2. Handled by the competent authority;

3. Procurement takes place in the ROC at the request of the recipient

country’s government.

Following consultations with relevant government agencies/institutions and the

International Cooperation and Development Fund, the competent authority shall

draw up regulations for the planning, evaluation, supervision and assessment of

the implementation of the international cooperation and development affairs

mentioned in the preceding paragraph, and submit them to the Executive Yuan

for approval.

Article 14

The funds available for international cooperation and development affairs shall

depend on the government’s financial position, as well as consideration of

international foreign aid standards. A classified budget may be arranged for

projects that involve national secrets.

Article 15

Each year, a report on the ROC’s promotion of international cooperation and

development affairs shall be drawn up by the competent authority and submitted

to the Executive Yuan, which shall forward it to the Legislative Yuan for

reference. Where projects involve classified information, related discussions,

reports and documents shall not be made public.

Article 16

This Act shall enter into force on the date of its promulgation.