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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.
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