Taiwan Judicial Assistance

AIT Taipei  
AIT Kaohsiung

The American Institute in Taiwan (AIT) is a non-profit, private corporation established shortly after the United States Government changed its diplomatic recognition from Taipei to Beijing on January 1, 1979. The Taiwan Relations Act (PL 96-8) of April 10, 1979, authorized the continuation of "commercial, cultural and other relations between the people of the United States and the people on Taiwan." It also provided that "any programs, transactions, or other relations conducted or carried out by the President or any Agency of the United States Government with respect to Taiwan shall, in the manner and to the extent directed by the President, be conducted and carried out by or through the American Institute in Taiwan." AIT's Taipei Office undertakes a wide range of activities representing U.S. interests, including providing consular services related to judicial assistance.  AIT Washington, located in Arlington, Virginia, is the headquarters office of the American Institute in Taiwan. It serves as a liaison with its counterpart organization, the Taipei Economic and Cultural Representative Office (TECRO).  Judicial assistance is provided by authorities on Taiwan in response to letters rogatory from foreign courts in accordance with Taiwan’s "Law Governing Extension of Assistance to Foreign Courts."

Letters Rogatory:  Requests to transmit letters rogatory may be sent to the U.S. Department of State, Bureau of Consular Affairs, Overseas Citizens Services, Office of American Citizens Services and Crisis Management, East Asia and Pacific Division, CA/OCS/ACS/EAP. Mailing address: SA-29, 4th Floor, 2201 C Street N.W., Washington, D.C. 20520.  Letters rogatory can be used to effect service of process and to compel production of documents or testimony of an unwilling witness in Taiwan.  For general information about preparation of letters rogatory, see our information flyer Preparation of Letters Rogatory. Letters rogatory for use in Taiwan must comply with the following requirements:

• Letters rogatory should contain an offer of reciprocal assistance. They should also include a statement expressing the willingness of the requesting court or party to reimburse the Taiwan judicial authorities for costs incurred in executing the letters rogatory;
• Letters rogatory and accompanying documents should be in English with certified translations in Mandarin Chinese;
• Letters rogatory should be addressed to the "Appropriate Judicial Authority of Taiwan"; Please note: In accordance with U.S. policy, please refrain from using the terminology "Republic of China" in the letters rogatory or any accompanying documents and translations. Please refer to Taiwan simply as Taiwan.
• Letters Rogatory should be accompanied by a certified check payable to American Institute in Taiwan in accordance with the current schedule of fees at 22 CFR 22.1. Additional fees may also be required by the court.

If the letters rogatory requests the taking of evidence, the Taiwan court will not permit examination of witnesses by attorneys; witnesses would be examined by the court on the basis of written questions.  A full transcript of the deposition, in Chinese, is made at the time of the deposition and should be specifically requested in the letters rogatory.