The Government of the Macao Special Administrative Region of the People’s Republic of China, hereinafter referred to as “the Macao SAR”, duly authorized to conclude this Agreement by the Central People’s Government of the People’s Republic of China,
The Government of Mongolia,
hereinafter referred to as the “Contracting Parties”,
Being concerned that trafficking in persons, especially women and children, constitutes a serious violation of human rights, undermines human dignity, adversely affects physical, psychological, emotional and moral development of a person and jeopardizes social cohesion and values,
Aiming at the cooperation to prevent and combat trafficking in persons and to protect and assist its victims,
Have agreed as follows:
The object of this Agreement is the development of bilateral cooperation to prevent and combat trafficking in persons, based on reciprocity and in full respect of international law and internal law in force in the Contracting Parties.
This Agreement shall apply to:
a) The prevention and suppression of trafficking in persons, especially women and children;
b) The protection, return and reintegration of the victims of trafficking in persons.
For the purposes of this Agreement:
a) “Trafficking in persons” shall mean the recruitment, transportation, transfer, harboring or receipt of persons, by means of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation; exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs;
b) “Child” shall mean any person under eighteen years of age;
c) “Permanent resident of the Macao SAR” shall mean any person who has the right to reside permanently in the Macao SAR.
1. The Ministry of Justice and Home Affairs of Mongolia and the Secretary for Security of the Macao SAR shall be the Implementing Authorities of this Agreement.
2. The Implementing Authorities shall:
a) Cooperate with each other and promote cooperation amongst the competent authorities of each Contracting Parties to achieve the purpose of this Agreement;
b) Seek as far as possible solutions to difficulties which arise in the application of this Agreement;
c) Review and assess the implementation of this Agreement every two years in order to evaluate experiences and make proposals for enhancing cooperation between the Contracting Parties;
d) Decide on establishment, management and direction over the operation of the focal points stipulated in Article 16 of this Agreement.
1. The Contracting Parties shall closely cooperate with one another to prevent trafficking in persons, locate offenders and bringing them to justice, and protect victims.
2. The Contracting Parties undertake to ensure that, when requested, their competent authorities shall, in compliance with internal legislation and within the limits of their responsibilities, compile and exchange information and collect evidence relating to trafficking in persons, such as routes, places, networks, means and methods of trafficking in persons.
3. Without prejudice to Article 9, the confidentiality of the exchanged data, information and evidence shall be ensured and not be transferred to a third party without the written consent of the competent authority of the providing Contracting Party.
1. Cooperation within the framework of this Agreement shall be based on requests for assistance.
2. Requests for assistance shall be made in writing, with the exception of urgent cases in which requests for assistance may be made verbally, but must be confirmed in writing within seven days of the verbal request.
3. Requests for assistance shall include:
a) Type of requested assistance;
b) Information and details relating to the requested assistance, including the purpose and grounds for the request;
c) Any other information which could assist in the effective execution of the request.
4. Requests for assistance shall be signed by the head of the Implementing Authority.
1. Requests for assistance shall be executed as soon as possible.
2. The requesting Implementing Authority shall be immediately notified of any circumstances delaying the execution of the request.
3. If the execution of the request does not fall within the jurisdiction of the requested Implementing Authority, it shall immediately notify the requesting Implementing Authority accordingly.
4. The requested Implementing Authority may request additional information which it deems necessary to execute the request.
5. If the requested Implementing Authority considers that the immediate execution of the request may hinder criminal proceeding or investigations being carried out in its jurisdiction, it may delay the execution of the request or permit such execution under condition.
6. The requested Implementing Authority shall inform the requesting Implementing Authority about the results of the execution of the request as soon as possible.
1. A request for assistance may be refused if such execution would be in conflict with the internal law or international law in force in the requested Contracting Party.
2. If a request has been refused, partially or totally, the requesting Implementing Authority shall be informed in writing thereof.
1. The communication of personal data shall only take place if such communication is necessary for the implementation of this Agreement.
2. The communication, processing and treatment of personal data shall be subject to the internal law of each Contracting Party.
3. Without prejudice to paragraphs 1 and 2 above, the following rules shall apply:
a) Personal data must be processed fairly and lawfully;
b) Personal data must be used by the recipient Contracting Party solely for the purposes for which the present Agreement stipulates that such data may be communicated; such data may be used for other purposes only with the prior authorization of the Contracting Party which communicated the data and in compliance with the internal law of the recipient Contracting Party;
c) Personal data may only be used by judicial or law enforcement authorities designated by the Contracting Party concerned, a list of which shall be communicated to the other Contracting Party;
d) The Contracting Party communicating the data shall be obliged to ensure the accuracy thereof; should it note that the data is inaccurate or should not have been communicated, the recipient Contracting Party must be informed thereof forthwith; the latter shall then be obliged to correct or destroy the data concerned;
e) A Contracting Party may not plead that another Contracting Party had communicated inaccurate data in order to avoid its liability under its internal law vis-à-vis an injured party;
f) Communication of and access to data shall be governed by the internal law of the Contracting Party which has been asked for such communication or access by the person concerned; however, data may only be communicated to that person with the authorization of the Contracting Party which originally supplied the data;
g) Personal data pertaining to victims of trafficking in persons must be adequate, relevant and not excessive in relation to the purpose for which they are collected and/or further processed; in particular, personal data communicated may concern only the following:
i) The particulars of the victim (e.g. surnames, given names, any previous names, nicknames or pseudonyms, date and place of birth, sex, current and any previous nationality and/or residence);
ii) Identity card or passport (number, period of validity, date of issue, issuing authority, place of issue);
iii) Stopping places and itineraries;
iv) Other information needed to identify or protect the victim;
h) Personal data pertaining to victims of trafficking in persons must be kept in a form which permits identification of data subjects for no longer than necessary for the purpose for which the data were collected or for which they are further processed.
4. The transmission and receipt of personal data shall be recorded; Contracting Parties shall communicate to each other a list of authorities or services authorized to consult such records.
The Contracting Parties shall ensure the implementation of their laws and the exercise of their jurisdictions in conformity with international treaties relating to the suppression of trafficking in persons applicable to the Contracting Parties.
The Contracting Parties shall undertake to prevent trafficking in persons, especially women and children, in particular by:
a) Providing educational and vocational training programs in order to increase education and employment opportunities and reduce vulnerability to trafficking;
b) Improving social services, such as employment, income generation and health care for those who are vulnerable to trafficking in persons;
c) Enhancing public understanding on the issue of trafficking in persons, including disseminating to the public information regarding the risk factors that lead to trafficking in persons.
The Contracting Parties shall individually and jointly provide training programs for their relevant authorities to enhance their capacity for implementation of laws, investigation, prosecution and protection in cases of trafficking in persons and related crimes.
The Contracting Parties shall respect and guarantee general principles of protection of victims, as prescribed in relevant international instruments, in particular the principles of non-discrimination, the rights to information, to privacy and confidentiality, and in case of child victims also the principles of the child’s best interest and of the respect for the child’s views.
1. The Contracting Parties shall take appropriate measures for the protection of victims of trafficking in persons, in particular:
a) No criminal proceedings shall be initiated against a victim and he or she shall not be temporarily detained for criminal offences related to trafficking, including illegal immigration or prostitution;
b) A victim of trafficking in persons shall not be held at a detention centre while waiting for the official return process;
c) While a victim of trafficking in persons is within the jurisdiction of a Contracting Party, his or her physical safety shall be ensured by the relevant authorities of that Contracting Party;
d) A victim of trafficking in persons shall be treated humanly throughout the process of protection and return and the judicial proceedings.
1. Victims, especially women and children, shall receive justice and legal protection while awaiting the completion of the procedures for their official return.
2. The Contracting Parties shall take appropriate measures to ensure that:
a) Victims shall have access to the due process of law, including the necessary legal assistance, to claim for criminal justice, recovery of damages, and any other judicial remedies;
b) Victims may claim compensation from the offender for any damages caused by trafficking in persons;
c) Victims may claim payment for unpaid services from the offenders that victims are forced to do by the offender’s acts.
3. The Contracting Parties shall provide temporary housing, health care and appropriate protection to the victims, especially women and children.
1. The Contracting Parties shall designate a focal point for the purpose of arranging and executing the official return of victims and of ensuring their security during the process of return.
2. In executing the return of victims, each focal point shall communicate in advance the names of and data and information relating to the victims to the focal point of the other Contracting Party.
1. Return of victims shall be arranged quickly and safely and with respect for their dignity and be conducted in their best interest according to the internal law of the Contracting Parties and in consistent with applicable international treaties.
2. Before returning a victim, the Focal Point of the Contracting Party concerned shall make arrangements in writing and in advance regarding the transfer date, the border crossing point and possible escorts.
3. Any return communication is to contain the following information:
a) The particulars of the victim to be returned (e.g. given names, surnames, date of birth, and – where possible – place of birth, and the last place of residence);
b) Indication of the means which provide proof or valid presumption of nationality or permanent residence of the victim to be returned and, where possible, copies of documents;
c) To the extent possible, a statement indicating that the victim to be returned may need help or care, provided the person concerned has explicitly consented to the statement;
d) Any other protection or security measure which may be necessary in the individual return case.
4. At the request of a Contracting Party, the other Contracting Party shall, as necessary and without delay, issue the victim to be returned with the travel document required for his or her return that is of a period of validity of at least 6 (six) months. If, for legal or factual reasons, the victim concerned cannot be transferred within the period of validity of the travel document that was initially issued, a new travel document shall be issued with the same period of validity within 14 (fourteen) days.
1. The Contracting Parties are separately responsible for costs associated with their respective activities and responsibilities outlined in this Agreement.
2. Without prejudice to the right of the competent authorities of the Contracting Parties to recover costs from third parties, all transport and transit costs associated with the return of a victim incurred pursuant to this Agreement shall be borne by the Contracting Party from which the person to be returned is a national or a permanent resident.
3. In specific cases, the Implementing Authorities of both Contracting Parties may agree that the costs under paragraph 2 of this Article shall be shared or fully or partially borne by either of the Contracting Parties.
1. The Contracting Parties shall make all possible efforts to help victims, especially women and children, to safely and efficiently reintegrate themselves into society and their families in order that their dignity, freedom and self-esteem are restored.
2. The Contracting Parties shall create vocational training programs for victims, including training in life skills to increase the opportunities for alternative ways leading their life and their efficient reintegration into society, awareness-raising programs for the officials whose functions are concerned with the development of victims, especially women and children.
1. This Agreement shall enter into force on the first day of the third month following the date on which the Contracting Parties have notified each other in writing that their required legal procedures have been complied with.
2. The Agreement shall remain in force indefinitely, unless terminated in accordance with paragraph 3 of this Article.
3. Each Contracting Party may terminate this Agreement at any time by giving written notification to the other Contracting Party. This Agreement shall cease to apply six months after the date of receipt by the other Contracting Party of such notification.
DONE at Macao on this day of 18th of October, 2010, in duplicate in the Mongolian, Chinese and English languages, all texts being equally authentic. In case of divergence of interpretation, the English text shall prevail.
IN WITNESS WHEREOF, the undersigned representatives, duly authorized thereto, have signed the present Agreement.
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