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DE RUEHIN #0399/01 0800930
ZNR UUUUU ZZH
P 200930Z MAR 08
FM AIT TAIPEI
TO RUEHC/SECSTATE WASHDC PRIORITY 8433
INFO RUEHBK/AMEMBASSY BANGKOK PRIORITY 4103
RUEHBJ/AMEMBASSY BEIJING PRIORITY 7988
RUEHBY/AMEMBASSY CANBERRA PRIORITY 4820
RUEHHI/AMEMBASSY HANOI PRIORITY 3545
RUEHJA/AMEMBASSY JAKARTA PRIORITY 4283
RUEHLO/AMEMBASSY LONDON PRIORITY 0216
RUEHML/AMEMBASSY MANILA PRIORITY 0380
RUEHOT/AMEMBASSY OTTAWA PRIORITY 0739
RUEHPF/AMEMBASSY PHNOM PENH PRIORITY 0649
RUEHKO/AMEMBASSY TOKYO PRIORITY 9710
RUEHCN/AMCONSUL CHENGDU PRIORITY 2493
RUEHGZ/AMCONSUL GUANGZHOU PRIORITY 1053
RUEHHK/AMCONSUL HONG KONG PRIORITY 9242
RUEHGH/AMCONSUL SHANGHAI PRIORITY 1868
RUEHSH/AMCONSUL SHENYANG PRIORITY 6463
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC PRIORITY
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC PRIORITY
RUEHC/DEPT OF LABOR WASHDC PRIORITY
RUEATRS/DEPT OF TREASURY WASHDC PRIORITY

UNCLAS SECTION 01 OF 22 TAIPEI 000399 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
G/TIP, G, INL, DRL, PRM, EAP/RSP 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB TW
SUBJECT: PART TWO - 2008 TIP REPORT - TAIWAN 
 
REF: STATE 2731 
 
¶1. (SBU) This is part two of AIT/T's three-part 2007-8 
Trafficking in Persons (TIP) report.  The report is presented 
according to reftel sections, beginning with paragraph 27 A. 
Part one contains Paragraphs 27 A-B.  Paragraphs 27 A through 
29 D are contained in part two.  Paragraphs 29 E through 30 I 
are contained in part three. 
 
Overview, cont'd 
---------------- 
 
27 C. Government Agencies Involved in Anti-TIP 
 
The following government agencies are involved in the fight 
against trafficking: the Ministry of Foreign Affairs (MOFA), 
Ministry of Justice (MOJ), Ministry of Education (MOE), 
Ministry of Transportation and Communication (MOTC), 
Department of Health, the Mainland Affairs Council (MAC), the 
Council for Labor Affairs (CLA), the Government Information 
Office (GIO), the Council of Cultural Affairs, the Council of 
Indigenous Peoples, the Council of Agriculture, the Financial 
Supervisory Commission, the Coast Guard Administration, and 
the Ministry of Interior (MOI), which includes the National 
Immigration Agency (NIA) and the National Police 
Administration (NPA).  A Cabinet-level Minister without 
Portfolio, appointed by and responsible to the Executive 
Yuan, is charged with supervising the interagency 
implementation of an island-wide Action Plan to combat 
trafficking. 
 
27 D. Limitations on Taiwan's Ability to Address TIP 
 
Taiwan generally faces few budget or personnel shortages that 
would hinder its ability to combat labor and sex trafficking 
from Southeast Asian source countries.  Taiwan also has 
sufficient resources to provide adequate protections and 
services for trafficking victims.  There have been some 
reports of rivalries between law enforcement agencies charged 
with combating trafficking.  Senior NIA officials alleged in 
early 2007 that the NPA was "conspiring" with local-level law 
enforcement to sabotage NIA efforts to rein in trafficking 
rings.  Senior NIA officials also complained publicly and 
privately that the existing NIA budget is insufficient to 
adequately perform its principal operational objectives, 
including immigration enforcement, the operation of detention 
facilities, and the provision of shelter and other services 
to victims of trafficking.  Press reports suggest legislators 
are unwilling to increase NIA's budget because of the 
agency's controversial role in limiting the number of PRC 
spouses permitted to enter Taiwan each year. 
 
A central NGO complaint is that although the central 
government has mandated that certain protections and services 
for trafficking victims be available island-wide, the 
treatment afforded to trafficking victims varies considerably 
from place to place.  NGOs told AIT that central government 
police and labor authorities often establish beneficial new 
policies or procedures that are only partially implemented or 
simply ignored by local labor and law enforcement officials. 
This problem is especially marked in the more rural areas of 
southern Taiwan.  Central and local government officials 
acknowledge this situation, and emphasize government plans to 
counteract it through increased training and education on 
TIP-related issues. 
 
Foreign labor brokerage companies operate across national 
borders, and Taiwan's ability to restrain abusive practices 
in source countries is limited.  Brokers in Taiwan are in 
direct communication with their counterparts in Indonesia, 
 
TAIPEI 00000399  002 OF 022 
 
 
the Philippines, Thailand, Vietnam and other source 
countries.  Source country governments often do not closely 
monitor the fees and other conditions imposed on workers by 
labor brokers in their territory.  This gives foreign labor 
brokers in Taiwan and in the various source countries ample 
opportunity to exploit the workers through inflated fees, and 
to coerce them by threatening family or property left behind 
in the worker's home country.  The Taiwan government is 
working to improve cross-border cooperation with source 
country governments, but progress has been slow. 
 
Corruption may be impeding reform of the exploitative labor 
brokerage system.  Following the 2005 Kaohsiung labor riots, 
Taiwan politicians and media outlets investigated whether 
legislators and high-level government officials had received 
kickbacks from the brokerage companies involved in the 
scandal.  According to press reports from November 2005, 
elected officials at the central and local government levels 
had lobbied on behalf of 70 different foreign labor brokerage 
companies to obtain a portion of the foreign labor "quotas" 
needed by the Kaohsiung Rapid Transit project.  There was 
speculation that legislators, especially members of the 
legislature's Sanitation, Environment and Social Welfare 
Committee, were personally involved in and profiting from the 
importation of foreign labor to Taiwan.  Sources have told 
AIT that, even though in their view it would be desirable to 
eliminate the foreign labor brokerage system, they believed 
this could not be done because several legislators would 
oppose it for personal financial reasons. 
 
Taiwan's existing incentive system for police may need to be 
changed.  Officers receive large incentive payments for 
arrests involving drugs or firearms, and these kinds of cases 
weigh heavily in deciding promotions.  Trafficking cases take 
more time to investigate than drug or gun crimes, but 
trafficking arrests garner less incentive money and do little 
to boost an officer's chances for promotion.  Police contacts 
have informed AIT that changes to the incentive system to 
give higher priority to the investigation of trafficking 
cases and the rescue of trafficking victims were under 
consideration. 
 
According to NGOs, Taiwan's effort to combat trafficking may 
be adversely affected by the defeat of several key 
legislators following the January 2007 legislative elections. 
 NGOs allege that many newly elected legislators know little 
about human trafficking, and because it is not an important 
issue with voters, few legislators are willing to spend 
political capital to bring about needed anti-trafficking 
legislation. 
 
Elder-care organizations, representing the interests of those 
families caring for elderly or infirm family members at home, 
remain a powerful force in opposition to extending Labor 
Standards Law protections to Taiwan's estimated 163,000 
foreign domestic helpers and caregivers.  CLA officials and 
legislators appear to lack the political will to extend LSL 
coverage to presently uncovered workers for fear of angering 
these organizations and the voters they represent. 
 
27 E. Taiwan Monitoring of Anti-TIP Efforts 
 
Taiwan now systematically monitors its anti-trafficking 
efforts on all three fronts -- prevention, protection, and 
prosecution.  The Action Plan requires the multi-agency task 
force to convene every two months to report to the presiding 
Minister without Portfolio, who is required to monitor and 
evaluate progress toward anti-TIP goals.  From March 2007 to 
February 2008, the multi-agency task force charged with 
overseeing anti-TIP efforts has convened six times. 
 
TAIPEI 00000399  003 OF 022 
 
 
 
Taiwan does not have a comprehensive anti-trafficking law. 
According to MOJ, the concept of "human trafficking" is also 
poorly defined by Taiwan law.  For this reason, prosecutors 
use existing sections of Taiwan's Criminal Code, labor and 
immigration laws, the Taiwan-PRC Relations Act, and the 
CYSTPA to punish labor- and sex-trafficking offenses. Before 
2007, the Ministry of Justice tracked investigations, 
prosecutions and convictions via the principal Criminal Code 
section or other law used to charge or convict the defendant. 
 This made it difficult to distinguish trafficking cases from 
"trafficking-related offenses" like smuggling and 
prostitution.  MOJ reports that, since July 2007, human 
trafficking cases have been separated into "sexual 
exploitation" and "labor trafficking." In October 2007, MOJ 
officials took further steps to standardize the case data 
collection process in order to obtain more precise statistics 
on the number of defendants, nature of charges, number of 
convictions, and ultimate sentencing results in cases 
involving sex or labor trafficking. 
 
The Council for Labor Affairs (CLA) maintains and reports 
statistics on the number of requests for assistance received 
by the 24 Foreign Worker Service Stations located around 
Taiwan, and those received by the Foreign Worker Assistance 
Center located at Taiwan Taoyuan International Airport.  CLA 
tracks and reports the number of calls received by the 
various foreign worker telephone hotlines.  CLA and the MOI 
also track the number of foreign workers assisted by 
government-subsidized NGO shelters.  CLA tracks and reports 
the number of employers and brokers fined for violating 
foreign worker labor regulations.  CLA also tracks and 
reports the number of foreign workers in "illegal status," 
according to their country of origin. 
 
The National Immigration Agency (NIA), the Ministry of 
Foreign Affairs (MOFA), the National Police Administration 
(NPA), and the Coast Guard monitor and report statistics on 
the number of illegal foreign immigrants to Taiwan, including 
those from the PRC, Vietnam, Thailand, and other Southeast 
Asian countries.  MOFA and NIA also maintain and report 
statistics on foreign spouse visa interviews, refusal and 
issuance rates, and the number of spouses found to be in 
fraudulent marriages. 
 
The government began monitoring trafficking of children and 
minors in 1995.  The 1995 Child and Youth Sexual Transaction 
Prevention Act (CYSTPA) created an interagency taskforce 
composed of the ministries of Interior, Justice, Defense, 
Economic Affairs, Transportation, Education, the Department 
of Health, the Mainland Affairs Council, and the Council of 
Labor Affairs.  Together with key NGOs, this task force 
continues to monitor implementation of the CYSTPA and 
provides guidance to member agencies through semi-annual 
written reports. 
 
Investigation and Prosecution of Traffickers 
-------------------------------------------- 
 
28 A.       Laws Prohibiting Trafficking in Persons 
 
Taiwan does not have a comprehensive TIP law, but trafficking 
in persons is specifically prohibited by the 1995 Child and 
Youth Sexual Transaction Prevention Act (CYSTPA) and Articles 
296 and 296-1 of the Criminal Code. 
 
On November 30, 2007, the Legislative Yuan Home and Nations 
Sub-Committee amended the Immigration Act to include a new 
chapter titled "Transnational Trafficking in Persons 
Prevention and Victim Protection."  According to the MOI, the 
 
TAIPEI 00000399  004 OF 022 
 
 
amended Immigration Act was approved by the Executive Yuan on 
December 26, 2007.  NIA told AIT that before the amendments 
can go into effect, 37 other laws and regulations must also 
be amended.  The EY is scheduled to complete this work by 
June 2008, and will decide at that time the date the amended 
Immigration Act will go into effect. 
 
The new chapter requires prosecutors, law enforcement, and 
other government officials involved in the investigation and 
prosecution of trafficking offenses to protect trafficking 
victims' privacy and personal security.  The government will 
be required to provide medical assistance, psychological 
counseling, shelter, translation, and legal services to 
victims of trafficking, and to secure their personal 
belongings.  If the victims are children or minors, a social 
worker must be appointed to accompany the child or minor 
through all stages of police questioning, and if necessary, 
investigation and trial of the alleged traffickers. 
 
The chapter further provides that if trafficking victims 
agree to cooperate with prosecutors, who deem their 
cooperation necessary and useful to the prosecution, victims 
will be afforded all protections available under Taiwan's 
"Witness Protection Act."  Prosecutors are instructed to 
waive prosecution for any crimes occasioned by the 
trafficking, and to punish leniently other misconduct by the 
trafficking victim.  If a victim's testimony is required by 
prosecutors, the victim should be issued a temporary 
residence permit of six months or less, which should be 
extended if necessary.  The victim is to be returned to his 
or her home country safely upon conclusion of the trial.  The 
chapter encourages agencies involved in anti-trafficking 
efforts to cooperate with NGOs and source country governments 
to promote anti-trafficking efforts. 
 
The Home and Nations Sub-Committee also approved a revision 
to Article 31 of the Immigration Act, to allow foreign 
workers (and foreign spouses) to legally remain in Taiwan 
until pending claims against their employer are fully 
resolved. 
 
In 2004, Taiwan amended the Act Governing Relations Between 
Peoples of the Taiwan Area and the Mainland Area (the "Act") 
to increase punishments for cross-Strait smugglers.  Article 
79 of the Act stipulates that any person convicted of 
smuggling Mainland Chinese into Taiwan for profit in 
violation of Article 15 of the Act shall be sentenced to at 
least three and not more than ten years in jail, and fined up 
to US $150,000.  Under Articles 79 and 80, boat owners and 
crewmembers involved in smuggling are subject to a prison 
term of up to 3 years and/or a US $30,000-$200,000 fine and 
confiscation of the boat used in the smuggling operation. 
 
28 B. Penalties for Sexual Exploitation-Related Trafficking 
 
Article 23 of the CYSTPA states: 
 
-- One who seduces, permits, facilitates, helps, or by other 
means causes a person under the age of eighteen to engage in 
a sexual transaction shall be sentenced to more than one year 
but fewer than seven years in prison, and fined not more than 
NT $3,000,000. 
 
-- One who intends to profit by committing this crime shall 
be sentenced to more than three years but less than ten years 
in prison, and fined not more than NT $5,000,000. 
 
Article 24 of the CYSTPA states: 
 
-- One who uses coercion, threats, drugs, fraud, hypnotism or 
 
TAIPEI 00000399  005 OF 022 
 
 
other means to make a person under the age of eighteen engage 
in a sexual transaction shall be sentenced to more than seven 
years in prison, and fined not more than NT $2 million (US 
$57,100). 
 
-- One who intends to profit by committing this crime shall 
be punished with imprisonment of more than ten years, and 
fined not more than NT $7 million (US $200,000). 
 
-- One who habitually commits this crime shall be punished 
with life imprisonment or imprisonment of not less than 10 
years, and fined not more than NT $10 million (US $285,700). 
 
Article 25 of the CYSTPA states: 
 
-- One who intends to make a profit by involving a person 
under the age of eighteen in sexual transactions through 
trafficking, pawning or other means of the same nature shall 
be punished with imprisonment of more than seven years, and 
fined not more than NT $7 million (US 200,000). 
 
Chapter 26 of the Criminal Code, "Offenses Against Personal 
Liberty" provides an all-encompassing statute against 
trafficking.  Chapter 26, Article 296, "Forcing a Person into 
Slavery," states that: 
 
-- A person who enslaves another or places another in a 
position without freedom similar to slavery shall be punished 
with imprisonment of not less than one and not more than 
seven years. 
 
In 1999, the Criminal Code was revised to include Article 
296-1, "Trafficking in Persons," which states that: 
 
a)    A person who buys, sells, or holds another person in 
custody shall be punished with imprisonment of not less than 
five years, and fined not more than NT $500,000 (US $16,000). 
 
b)    A person who commits the aforementioned offense to 
cause a female or male person to have sexual relations with 
another person shall be punished with imprisonment of not 
less than seven years, and fined not more than NT $500,000 
(US $16,000). 
 
c)    A person who forces, intimidates, extorts, controls, 
uses drugs or other illegal means to commit the offenses 
described in (a) or (b) shall receive the punishment 
prescribed by (a) or (b), with prison time and fines 
increased up to one half. 
 
d)    A person who introduces, accommodates, or conceals a 
victim of the crimes specified in (a)-(c) shall be punished 
with imprisonment of not less than one year and not more than 
seven years, and fined not more than NT $300,000 (US $9,600). 
 
e)    A person who habitually commits any of the crimes 
specified in (a)-(d) shall be punished with a minimum of ten 
years and a maximum of life in prison and fined not more than 
NT $700,000 (US $22,500). 
 
f)    A public official who conceals a person who has 
committed any of the crimes specified by (a)-(e) shall 
receive the punishment prescribed by (a)-(e), with prison 
time and fines increased up to one half. 
 
The 1999 revision to the Criminal Code also added Article 
231-1, which stipulates: 
 
1) A person who for profit coerces, threatens, intimidates, 
controls, drugs, hypnotizes or uses other methods to overcome 
 
TAIPEI 00000399  006 OF 022 
 
 
the will of a female or male person in order to have that 
person engage in sexual relations or obscene conduct with a 
third person shall be punished with imprisonment of not less 
than seven years, and fined not more than NT $300,000 (US 
$9,600). 
 
2) A person who introduces, accommodates, or conceals a 
person who has committed the crime specified by (1) shall be 
punished with imprisonment of not less than one year and not 
more than seven years. 
 
3) A person who habitually commits the crimes specified in 
(1) or (2) shall be punished with imprisonment of not less 
than ten years, coupled with a fine of not more than NT 
$500,000 (US $16,000). 
 
4) A public official who conceals a person who has committed 
any of the crimes specified by (1)-(3) shall receive the 
punishment prescribed by (1)-(3), with prison time and fines 
increased up to one half. 
 
According to MOI, during 2007 the authorities filed charges 
against 423 individuals in 197 cases of suspected 
trafficking, including 144 cases of suspected labor 
trafficking and 53 cases of suspected sexual exploitation. 
Of the sixteen individuals convicted of sexual exploitation 
of a minor, three were sentenced to 7-10 years in prison, 
four were sentenced to 3-5 years, and nine to less than one 
year.  Of the 53 convicted of sexual exploitation, two were 
sentenced to 7-10 years, seven sentenced to 1-3 years, and 44 
to less than one year. 
 
28 C. Penalties for Labor Trafficking Offenses 
 
In Taiwan, labor trafficking offenses can be punished by 
administrative fines, jail time, or both.  Administrative 
punishments for labor trafficking are governed by Articles 
44, 45, 57, 63 and 64 of the Employment Service Act, and by 
Articles 5 and 75 of the Labor Standards Law. 
 
Employment Service Act 
 
Article 44: No one may let a foreign worker stay and work 
illegally. 
 
Article 45: No one may refer a foreign worker to work for an 
unauthorized employer. 
 
Article 54: Specifies the terms and circumstances under which 
an employer's permit to employ foreign workers can be 
reduced, suspended, or terminated: workplace strike; 
unjustified refusal to employ workers referred by the 
Employment Service Agency; number of untraceable workers 
exceeds proscribed percentage of employer's total foreign 
worker staff; illegal employment of foreign workers; illegal 
termination of national (Taiwanese) workers; violation of 
national workers' contract terms; employer's foreign workers 
disturbed the public order; employer withheld foreign 
workers' passports or other documents; employer embezzled 
foreign workers' belongings; employer's failure to pay 
detention and repatriation expenses of absconded foreign 
worker; employer demanded, agreed to accept or accepted 
unlawful payments from labor brokerage; employer submitted 
false information in applying for foreign worker employment 
permit; false recruitment advertisements. 
 
Article 57: An employer of a foreign worker shall not: 
 
(1) Employ a foreign worker without obtaining an Employment 
Permit, or employ a foreign worker after the employer's 
 
TAIPEI 00000399  007 OF 022 
 
 
Employment Permit has expired, or employ a foreign worker 
that has been authorized to work for another employer; 
 
(2) Cause an authorized foreign worker to work for an 
unauthorized employer; 
 
(3) Cause a foreign worker to engage in work not within the 
scope of the employer's Employment Permit; 
 
(4) Cause a foreign worker employed as a fisherman, household 
assistant to change his or her workplace without obtaining 
prior government approval; 
 
(5) Fail to arrange for the employed foreign worker to 
undergo health examinations, or fail to timely submit health 
examination reports to the Competent Health Authority; 
 
(6) Dismiss or lay off a national worker as a result of 
having employed a foreign worker; 
 
(7) Coerce, threaten, or by the use of any illegal means 
force a foreign worker to engage in work contrary to the 
worker's free will; 
 
(8) Illegally withhold the passport or residence certificate 
of a foreign worker, or embezzle belongings of a foreign 
worker. 
 
(9) Violate any other provisions of the Employment Standards 
Act or regulations promulgated pursuant to the Employment 
Standards Act. 
 
Article 63:  Anyone that violates Article 44 or Subparagraph 
(1) or (2) of Article 57 shall be fined at least NT $150,000 
and at most NT $750,000; anyone who repeats a violation of 
the same provisions within five years shall be imprisoned for 
a term not to exceed three years, or be detained for hard 
labor, and/or fined an amount not to exceed NT $1,200,000. 
 
Article 63 of the ESA prohibits employers from illegally 
harboring foreign workers, from hiring foreign workers 
without government permission, or allowing others, under the 
employer's permit, to employ foreign workers for unauthorized 
purposes.  In April 2006, CLA enhanced punishments for those 
who hire illegal foreign workers, or allow legal workers to 
work for illegal employers.  Under Articles 54 and 63, 
employers found in violation of these provisions can have 
their quota of foreign workers reduced by five for every 
single foreign worker found to be working in illegal status. 
The employer's permit to hire foreign workers may also be 
suspended or terminated.  If the employer is found to have 
violated these provisions twice within five years, the 
employer shall be sentenced to a maximum of three years in 
prison and a fine not to exceed NT$1.2 million (US$39,000). 
Additionally, if an employer restricts a foreign worker's 
freedom of movement, or forces the foreign worker to engage 
in prostitution, CLA is required to refer the employer to the 
public prosecutor's office for criminal investigation. 
 
Article 64:  Anyone who violates the provisions of Article 45 
shall be fined an amount of at least NT $100,000 and at most 
NT $500,000; anyone who repeats a violation within five years 
shall be imprisoned for a term not to exceed one year, or be 
detained for hard labor, and/or fined an amount not to exceed 
NT $600,000. 
 
Anyone who violates the provisions of Article 45 in order to 
profit therefrom shall be imprisoned for a term not to exceed 
three years, or be detained for hard labor, and/or fined an 
amount not to exceed NT $1,200,000. 
 
TAIPEI 00000399  008 OF 022 
 
 
 
Anyone who violates as a usual practice the provisions of 
Article 45 shall be imprisoned for a term not to exceed five 
years, and in addition, may also be fined an amount not to 
exceed NT $1,500,000. 
 
Article 72, subparagraph (3) operates to give an employer a 
limited time to correct illegal work situations prohibited by 
Article 57, subparagraphs (3) and (4).  Article 72 reads in 
relevant part: 
 
Where any of the following circumstances has arisen or 
existed, the Employer's Recruitment Permit and Employment 
Permit shall be annulled in whole or in part: 
 
(1) Any of the circumstances as referred to in Article 54, 
paragraph (1) has arisen or existed; 
 
(2) Any of the circumstances as referred to in Article 57, 
subparagraphs (1), (2), (6)-(9) have arisen or existed; 
 
(3) The employer has failed to rectify within the specified 
period any of the circumstances referred to in Article 57, 
subparagraphs (3) and (4). 
 
CLA asserts that foreign workers who file a complaint against 
their employer for violating Article 57 (requiring the worker 
to perform extra-contractual work or work at an unapproved 
location) are protected under law, and will be permitted to 
change employers.  It is not clear whether the worker must 
first prove employer misconduct before being permitted to 
change employers.  It is also unclear how the employee's 
right to change employers would be limited, if at all, by the 
employer's "right to cure" under Article 72(3). 
 
Labor Standards Law 
 
Article 5: No employer may, by force, coercion, detention, or 
other illegal practice, compel a worker to do work. 
 
Article 75: An employer who violates the provisions of 
Article 5 shall be imprisoned for a term not exceeding five 
years, detained for hard labor, and/or fined NT $50,000. 
 
In April 2006, CLA announced guidelines for heavier fines for 
those who employ or arrange employment for illegal foreign 
workers.  Administrative fines for labor violations are 
imposed and collected by local city and county governments. 
CLA urged local governments to heavily punish those who 
employ illegal workers.  Under the new guidelines, an 
individual who knowingly hires an illegal foreign worker for 
over 30 days or employs two or more illegal foreign workers 
for more than 15 days should pay the maximum fine of US 
$25,000 (NT $750,000).  If an employer commits two offenses 
within a five year period, he should face up to three years 
in jail and the maximum fine of up to US $40,000 (NT $1.2 
million).  One who knowingly arranges work for an illegal 
foreign worker, or unknowingly arranges work for two or more 
illegal foreign workers, should be fined the maximum US 
$16,000 (NT $500,000). 
 
Stiffer penalties were also announced for illegal foreign 
workers themselves.  Any foreign worker who has stayed in 
Taiwan illegally for more than six months now faces a maximum 
fine of US $5,000, in addition to repatriation and permanent 
exclusion from Taiwan.  The CLA emphasized that trafficking 
victims forced into illegal status by mistreatment or 
exploitation would not be repatriated, and their right to 
work in Taiwan would be preserved. 
 
 
TAIPEI 00000399  009 OF 022 
 
 
Despite the CLA's April 2006 new penalty guidelines, most 
city and county governments in 2007 continued to assess 
minimum instead of maximum fines.  According to CLA, an 
employers found to have illegally changed the place or nature 
of a foreign worker's employment were typically fined US 
$1,000, not the $5,000 maximum.  Employers found to have 
hired illegal foreign workers or to have transferred a legal 
foreign worker to an unauthorized employer were fined $5,000, 
one-fifth of the $25,000 maximum.  CLA officials told AIT the 
new penalty guidelines were non-binding recommendations, and 
that local governments retained discretion over assessing and 
collecting labor violation fines. 
 
In May 2007, CLA announced a three-part draft plan to reduce 
the number of "runaway" workers from 3.75 percent to 3.5 
percent within one year.  The plan was the result of March 
2007 consultations between CLA, NIA, NPA, and central and 
local government officials.  The plan contemplates employer 
education and other measures designed to prevent foreign 
workers from fleeing their legal employers, increased law 
enforcement efforts to crack down on illegal foreign labor, 
and closer supervision of foreign labor brokerage companies. 
Local governments were encouraged to severely punish those 
who employ or provide brokerages services for foreign workers 
in illegal status, with fines of up to NT$750,000.  Under the 
draft plan, foreign labors found to be working illegally 
would be repatriated immediately, and could face fines of 
between NT$30,000-$150,000.  CLA also contemplated raising 
the reward for those reporting illegal workers from NT$5,000 
to NT$10,000. 
 
In 2007, CLA fined 162 employers for illegally harboring 
foreign workers; 889 employers were fined for hiring foreign 
workers lacking appropriate work permits or those legally 
assigned to work for another employer; and 457 employers were 
fined for requiring workers to perform work not specified by 
the worker's permit or requiring the worker to work at a 
location not specified by the permit.  According to CLA, in 
seven of the aforementioned cases, the maximum fine of NT$1.5 
million (US$48,000) was assessed. In 336 of the foregoing 
cases, CLA revoked the employer's right to employ foreign 
workers. 
 
During 2007, CLA fined 38 brokers for illegally withholding 
foreign workers' property or demanding improper fees; 20 
brokers were fined for providing false or misleading 
information relating to foreign workers' physical health; and 
14 brokers were fined for providing brokerage services to 
foreign workers in illegal status. 
 
CLA terminated operations of 21 brokerage companies in 2007 
for repeated violations of the Employment Services Act.  CLA 
also suspended business operations of 24 brokerage companies: 
4 were found to have illegally withheld workers' property or 
to have demanded improper fees; 11 were suspended for 
providing false medical information; and 9 brokerage 
companies were suspended for providing brokerage services to 
illegal workers.  CLA revoked the license of one broker for 
an unspecified violation of the Employment Services Act. 
 
According to CLA, local labor officials reported to local 
prosecutors 38 cases of illegal hiring of foreign workers. 
Charges were filed against 84 individuals.  CLA did not 
provide information on convictions or sentencing in these 
cases.  CLA also reported 15 cases of suspected human 
trafficking to local prosecutors for further handling. 
According to CLA, ten of these cases were investigated. CLA 
did not provide information regarding convictions or 
sentencing for these cases. 
 
 
TAIPEI 00000399  010 OF 022 
 
 
28 D. Penalties for Rape or Forcible Sexual Assault 
 
Taiwan's Criminal Code prescribes the following penalties for 
those found guilty of the offenses of rape, forcible sex, and 
obscene conduct: 
 
Article 221 (normal punishment): Any person who has forced, 
intimidated, or threatened any man or woman into having 
carnal relations, or has done so by inducing hypnosis or 
other means against his or her freewill, shall be punished 
with a prison term of not less than three years and not more 
than 10 years.  An attempt to commit the above offense is 
punishable. 
 
Article 222 (enhanced punishment): A person who has committed 
the above offense under one of the following circumstances 
shall be punished with life prison or a prison term of more 
than seven years: 
 
Committing the offense together with one or more persons; 
Committing the offense against anyone under the age of 14; 
Committing the offense by administering drugs;  Committing 
the offense and torturing the victim; Committing the offense 
while employed on a means of public transportation; 
Committing the offense after breaking into an inhabited 
building or vessel;  Committing the offense with the help of 
weapon(s). 
 
Article 224 (normal punishment): A person who has forced, 
intimidated, or threatened any man or woman into committing 
an indecent act, or has done so by inducing hypnosis or other 
means against his or her freewill, shall be punished with a 
prison term of not less than six months and not more than 
five years. 
 
Article 224 (Section 1) (offenses subject to enhanced 
punishment): Any person who has done so under one of the 
circumstances prescribed in Article 222 shall be punished 
with a prison term of not less than three years and no more 
than 10 years. 
 
Article 225 (committing the offense by taking advantage of 
the victim's mental or physical disabilities or incapacity): 
 
Any person who has committed the offense of rape against any 
man or woman by taking advantage of his or her mental or 
physical disabilities or incapacity shall be punished with a 
prison term of more than three years and less than 10 years. 
Any person who has committed an indecent act against any man 
or woman by taking advantage of his or her mental 
disabilities or incapacity shall be punished with a prison 
term of more than six months but less than five years.  Any 
attempt to commit the above offense is punishable. 
 
Article 226 (enhanced punishment): Any person who has 
committed rape or has committed an indecent act, which has 
resulted in the death or his or her victim, shall be punished 
with life in prison or a prison term of more than 10 years. 
A person who injures his or her victim while committing the 
offense shall be punished with a prison term of more than 10 
years.  The defendant shall be sentenced to a prison term of 
more than 10 years if a victim commits suicide or injures 
himself due to her sense of shame. 
 
Article 226 (Section 1) (multiple offenses): Any person who 
has committed one of the offenses specified in Article 
221-225 and has intentionally killed his or her victim shall 
be punished with death or life in prison.  Any person who has 
committed rape or has committed an indecent-act, and has 
purposely injured his or her victim shall be punished with 
 
TAIPEI 00000399  011 OF 022 
 
 
life in prison or a prison term of more than 10 years. 
 
Article 227: Any person who has carnal relations with any 
male or female person under the age of 14 shall be punished 
with a prison term of not less than three years and not more 
than 10 years. Any person who commits an indecent act against 
a male or female person under the age of 14 shall be punished 
with a prison term of not less than six months and not more 
than five years.  Any person who has carnal relations with 
any male or female person aged 14-16 shall be punished with a 
prison term of less than seven years.  Any person who commits 
an indecent act against a male or female person aged 14-16 
shall be punished with a prison term of not more than three 
years.  Any attempt to commit any of the above offenses is 
punishable. 
 
Article 227 (Section 1) (lighter punishment for the offender 
under the age of 18): An offender who is under the age of 18 
may have his punishment reduced or commuted. 
 
Article 228: Any person who has committed rape against anyone 
under his jurisdiction at an institution or facility shall be 
punished with a prison term of not less than six months and 
not more than five years.  Any person who has committed an 
indecent act against anyone under his jurisdiction shall be 
punished with a prison term of not more than three years. 
 
Article 229 (committing the offense by cheating): Any person 
who by fraudulent means induces a person to mistake him or 
her for a spouse and then has carnal relations with him or 
her shall be punished with a prison term of not less than 
three years and not more than 10 years.  An attempt to commit 
the above offense is punishable. 
 
Article 229 (Section 1) (indictment upon request): Any person 
who has committed rape against his or her spouse, or any 
person who has committed the offense before reaching the age 
of 18, shall be indicted by the prosecutor upon receiving a 
request from the victim. The penalties for trafficking are at 
least as heavy if not heavier than the penalties for rape and 
forcible sexual assault. 
 
28 E. Legalization/Decriminalization of Prostitution 
 
Taiwan criminalized prostitution in 1997, but it remained 
legal in Taipei City on a small scale until 2001. Sex 
workers' rights advocacy groups allege that hundreds of 
former licensed prostitutes in Taipei were forced to become 
illegal prostitutes following the criminalization of 
prostitution in 1997, and that there are more than 50,000 
prostitutes working illegally island-wide.  Advocacy groups 
further allege that criminalizing prostitution has increased 
sex workers' vulnerability to police abuse, coercion by 
criminal gangs, sexually transmitted diseases, drug and 
alcohol abuse, and poverty.  They also argue that USG 
pressure to criminalize solicitation would worsen matters for 
prostitutes in Taiwan, including those forced into the sex 
trade.  Advocacy groups continue to press the government to 
decriminalize prostitution.  No formal action has been taken 
by the central or local governments. 
 
According to Article 80 of the Social Order Maintenance Law 
(passed in 1991), anyone found to have traded sex for a 
reward, financial or otherwise, shall be punished with three 
days in jail, or a fine of no more than NT $30,000 (US $910). 
 
 
Article 80 is the statute most commonly used to punish men 
and women working as prostitutes.  According to the 
Collective of Sex Workers and Supporters (COSWAS), a local 
 
TAIPEI 00000399  012 OF 022 
 
 
sex workers' rights advocacy group, Taiwan law enforcement 
officers view the clients of prostitutes as witnesses, not 
participants, to the crime of prostitution.  Therefore, if 
the client provides a witness statement to be used against 
the prostitute, police will typically let the client go 
without a citation or fine.  A client will sometimes resist 
providing testimony against the prostitute, usually because 
the client is a "regular customer" of the prostitute and does 
not want to harm her, or because the client is afraid of 
retribution from the prostitute's pimp or other criminal 
associates.  According to COSWAS, police will threaten to 
inform the client's family or business associates if the 
client refuses to cooperate.  Occasionally, in exchange for a 
small bribe, the police will agree to ignore the incident 
entirely.  COSWAS reported that police frequently threaten 
prostitutes with arrest and detention in order to obtain free 
sexual services. 
 
Brothel owners, pimps, and enforcers are also subject to the 
punishments prescribed in Articles 231, 231-1, and 232 of the 
Criminal Code: 
 
Article 231: A person who induces, retains, or introduces a 
female or male person to have sexual relations with a third 
person, or any person who retains her or him for that 
purpose, shall be imprisoned for no more than five years, and 
fined not more than NT $100,000 (US $3,200). 
 
Article 231-1: A person who, for the purpose of gain, forces, 
intimidates, extorts, controls, uses drugs or other means 
against the will of a female or male person to have sexual 
relations with a third person shall be punished with 
imprisonment for more than seven years, and shall be pay a 
fine of less than NT$300,000.  A person who introduces, 
accommodates or conceals a person who commits an offense 
specified in the preceding paragraph shall be punished with 
imprisonment of more than one year but less than seven years. 
 
Article 232: A person who commits an offense specified in 
paragraph (1) of Article 231, or paragraphs (1) or (2) of 
Article 231-1 against a person subject to his supervision, 
assistance, or care as specified in Article 228, or a husband 
who commits such an offense against his wife, shall receive 
the punishment prescribed by those Articles, with prison time 
and fines increased up to one half. 
 
According to MOI, 834 female foreign nationals were arrested 
for prostitution or illegal work during 2007.  MOI did not 
maintain statistics on the nationality of those arrested. 
 
28 F. Trafficking Investigations, Prosecutions, Convictions 
and Sentencing 
 
From press reports, AIT is aware of at least 20 high-profile 
investigations which culminated in the arrest of at least 177 
suspected traffickers and the discovery of at least 160 
foreign men and women engaged in forced labor or forced 
prostitution.  Information on ongoing investigations and 
those investigations that did not result in an arrest are not 
readily available. 
 
According to MOI, during 2007 the authorities filed charges 
against 423 individuals in 197 cases of suspected 
trafficking, including 144 cases of suspected labor 
trafficking and 53 cases of sexual exploitation.  Thus far, 
74 individuals have been convicted.  Of the sixteen convicted 
of sexual exploitation of a minor, three were sentenced to 
7-10 years in prison, four were sentenced to 3-5 years, and 
nine to less than one year.  Of the 53 convicted of sexual 
exploitation, two were sentenced to 7-10 years, seven 
 
TAIPEI 00000399  013 OF 022 
 
 
sentenced to 1-3 years, and 44 to less than one year.  The 
five persons convicted of labor exploitation were all 
sentenced to less than one year in prison. 
 
It should be noted that Taiwan's criminal justice system 
follows a complicated three-trial process, under which a 
defendant cannot be deemed "convicted" until after the third 
and final trial.  A substantial portion of the 197 
trafficking cases initiated in 2007, involving 350 
defendants, have not yet been completed.  In addition, due to 
the shortcomings of Taiwan's current case statistics 
collection process, convictions obtained in trafficking cases 
commenced before 2007 are not included in the 2007 statistics. 
 
According to CLA, local labor officials reported to local 
prosecutors 38 cases of illegal hiring of foreign workers. 
Charges were filed against 84 individuals.  CLA did not 
provide separate information on conviction or sentencing. 
CLA also referred 15 cases of suspected human trafficking to 
local prosecutors for further handling.  According to CLA, 
ten of these cases were investigated. CLA did not provide 
information regarding convictions or sentencing for these 
cases. 
28 G. Investigative and Prosecutorial Training for Government 
Officials 
 
Over the last year, the authorities sponsored several 
large-scale conferences to promote anti-trafficking efforts: 
the "International Seminar on Prevention of Human 
Trafficking" on April 12, the "Discussion on Human 
Trafficking Cases" on September 19, and the "Conference on 
Strengthening Identification of Human Trafficking Victims" on 
November 26. 
The Taiwan authorities hosted USDOJ Deputy Assistant Attorney 
General Grace Chung Becker, Senior TIP Counsel March Bell, 
and ICE and FBI officials at the April 2007 conference.  Mr. 
Bell returned to Taiwan in September 2007 to conduct TIP case 
exercises for police, prosecutors, and immigration officials 
in Taipei and Kaohsiung.  AIT human rights officers in Taipei 
and Kaohsiung delivered TIP-related briefings to several 
hundred immigration, law enforcement, and NGO representatives 
during 2007. 
 
28 H. International Cooperation in TIP Enforcement 
 
The United States and Taiwan signed an "Agreement on Mutual 
Legal Assistance in Criminal Matters" on March 26, 2002. 
With U.S. assistance, Taiwan prosecutors indicted an 
individual for smuggling PRC nationals into the United States. 
 
In early 2007 the fraud prevention unit of AIT's consular 
section identified more than 100 Taiwanese women who had 
traveled to the U.S. in 2006 to work as prostitutes.  After 
initial investigations by local U.S. law enforcement, AIT 
informed the International Criminal Affairs division of 
Taiwan's Criminal Investigation Bureau (CIB) of the likely 
existence of a Taiwan-based criminal operation smuggling 
Taiwan women to the U.S. for prostitution.  Evidence obtained 
by U.S. local law enforcement suggested that many of the 
women had agreed to work as prostitutes and had agreed to 
travel to the U.S. for that purpose.  However, evidence 
further suggested that many of the women were subjected to 
exploitative working conditions to which they did not 
consent, including forced confinement or relocation, 
confiscation of travel documents, debt bondage, and 
withholding of pay.  Others were lured to the U.S. by 
promises of legitimate work, only to be confined to brothels 
and forced to perform sexual services.  Acting on AIT's 
information, CIB conducted its own investigation and 
ultimately arrested the suspected ringleader, collecting 
 
TAIPEI 00000399  014 OF 022 
 
 
additional evidence which will be used to further disrupt the 
syndicate's operations in the U.S., and to identify and 
prosecute syndicate members. 
 
In 2004, the CIB Police Liaison department opened offices in 
the Philippines, Thailand, and Vietnam. In 2007, three more 
offices were opened in Japan, Indonesia, and Malaysia.  CIB 
plans to open a Washington, D.C. office in late 2008.  In 
2007, CIB requested the Japanese authorities to take criminal 
action against 39 individuals suspected of trafficking women 
from China and Taiwan to Japan. CIB also helped Japanese law 
enforcement investigate three separate cases of suspected 
trafficking.  CIB aided Japanese immigration officials in 
verifying the legitimacy of some 800 marriages between 
citizens of Taiwan and Japan, and arranged the safe return to 
Taiwan of 17 women who had been forced into prostitution. 
CIB also assisted Japanese National Police in translating 
into Chinese a handbook for victims of human trafficking. 
 
In Indonesia, CIB officers work closely with Taiwan visa and 
immigration officials to investigate suspected "fake" 
marriages.  According to CIB, 7,894 Taiwan citizens applied 
to marry Indonesian women in 2007.  Fifty-four prospective 
marriages were deemed to be fraudulent.  CIB acknowledges 
that a significant percentage of the 120,000 Indonesian 
foreign laborers legally in Taiwan may have been subject to 
forced labor or sex trafficking.  CIB claims its efforts to 
detect and interdict Indonesian trafficking rings in Taiwan 
has been hampered by the lack of an Indonesian law 
enforcement presence in Taiwan, Indonesia's inadequate laws 
and record-keeping systems, and widespread law enforcement 
corruption in Indonesia. 
 
CIB officers in Malaysia report seeing little evidence of 
Malaysian men or women being trafficked to Taiwan for 
purposes of sex or labor trafficking.  Malaysia's economy has 
developed such that Malaysia is now a net importer of foreign 
labor.  CIB reported that, according to statistics from the 
Malaysian government, there are only 7,368 Malaysian citizens 
living and working in Taiwan, and there have been no reports 
of forced prostitution or fake marriage. 
 
In Vietnam, CIB officers and Taiwan consular officials often 
jointly interview spousal visa applicants suspected of 
involvement in fraudulent marriages.  Of the 542 applicants 
jointly interviewed by CIB and Taiwan consular personnel, CIB 
reported 229 (42 percent) were refused.  Taiwan consular 
officers in Vietnam handled 5,321 spousal visa cases during 
2007, approving only 3,345 (63 percent).  Visa issuance rates 
have dropped significantly since 2004, following CIB's 
participation in the interview and investigation process. 
The CIB Liaison Office refers all cases of suspected 
trafficking to Vietnamese law enforcement for further 
investigation. 
 
CIB officers in Thailand reported that, after CIB trained 
Taiwan consular officials to apply rigorous interview 
techniques and strict documentary standards, the number of 
spousal visa applications dropped sharply, and refusal rates 
have remained high.  In 2005, Thai applicants filed 2,100 
requests for spousal visas, and the refusal rate averaged 23 
percent.  In 2006, only 218 requests were received the entire 
year, and the refusal rate rose to 35 percent.  In 2007, 
applications for spouse visas fell to 122, and the refusal 
rate reached 31 percent. 
 
28 I. Taiwan Extradition of Traffickers 
 
Taiwan has an informal repatriation agreement with the 
People's Republic of China.  Under the Kinmen Accord of 1990, 
 
TAIPEI 00000399  015 OF 022 
 
 
Taiwan and Mainland China repatriate convicted and suspected 
criminals, as well as illegal immigrants, to each other's 
jurisdiction. 
 
Taiwan has extradition agreements with Costa Rica, the 
Dominican Republic, Dominique, Malawi, Paraguay, South 
Africa, and Swaziland.  Taiwan and the United States have 
agreed to a legal assistance framework. 
 
If the extradition candidate is a Taiwan citizen, Taiwan law 
requires the government to refuse the request, and refer the 
candidate to Taiwan's legal system for prosecution. 
 
According to the MOI and NIA, the lack of formal diplomatic 
relations with other countries from which persons are 
trafficked hinders Taiwan's ability to extradite persons who 
are charged with trafficking. 
 
28 J. Taiwan Government Officials' Tolerance of or 
Involvement in TIP 
 
There is no evidence of widespread government involvement in 
or tolerance of trafficking in persons.  However, NGOs report 
that the level of government competency and awareness of TIP 
at the local level is uneven.  NGOs also allege that many 
local officials are corrupt and work with brokers to turn a 
blind eye to trafficking. 
 
Incidents of Taiwan authorities supporting trafficking 
directly or indirectly were rare, but they did occur.  Taiwan 
law enforcement authorities actively pursued public officials 
suspected of protecting or participating in trafficking 
schemes. 
 
In February 2007, a former clerk at the Bureau of Immigration 
(now the NIA) was indicted for smuggling more than 80 Chinese 
prostitutes into Taiwan.  Police ruled out the participation 
of legislators or legislative aides in the scheme. 
On March 30, the NIA revealed that 200 blank, alien 
multiple-entry permits had been stolen from the NIA's Taipei 
County immigration service center.  The permits were 
immediately canceled, the NIA official suspected of taking 
the permits was suspended, and his supervisor was demoted. 
Several senior NIA officials were also officially reprimanded. 
 
On April 3, prosecutors in Taoyuan disrupted a forced 
prostitution ring which used fake marriages to lure 
Indonesian and Vietnamese women to Taiwan.  Prosecutors 
alleged local police in Taoyuan and Tainan had accepted 
bribes and sexual services to conceal the operation. 
 
On April 15, a senior NIA official publicly alleged that the 
NPA had "unloaded" onto the NIA more than twenty officers 
suspected of colluding with traffickers.  The allegation came 
following the indictment of two Taoyuan County NIA officers 
(formerly of the NPA), for accepting bribes to ignore illegal 
labor violations, warning employers of impending labor and 
immigration inspections, and diverting law enforcement 
attention away from active labor-trafficking rings. 
 
On June 2, a police officer in Yunlin was detained for 
accepting bribes and sexual services in exchange for helping 
traffickers to conceal a forced prostitution ring involving 
Vietnamese and Indonesian women. 
 
On October 4, prosecutors in Chiayi indicted an NIA task 
force leader and another immigration officer for helping 
labor brokers and employers conceal illegal foreign workers 
under their control.  The suspects also helped employers by 
arresting and deporting those illegal workers whose services 
 
TAIPEI 00000399  016 OF 022 
 
 
were no longer required, while claiming the incentive 
payments offered to law enforcement for each such arrest. 
NIA officials promised to cooperate fully with the 
investigation and prosecution. 
 
On December 21, three police officers in Kaohsiung were 
arrested in connection with the operation of a forced 
prostitution ring.  The officers were suspected of using 
threats and drugs to control the Vietnamese women forced into 
prostitution. 
 
28 K. Measures to End Government Officials' Involvement in TIP 
 
Aside from the cases mentioned in paragraph 28 J, there have 
been no reported cases of government officials directly 
involved in trafficking.  The law provides enhanced penalties 
for government officials convicted of trafficking offenses. 
 
28 L. Punishment of Peacekeepers Implicated in Trafficking or 
Exploitation 
 
Taiwan does not contribute troops to international 
peacekeeping efforts. 
 
28 M. Taiwan as a Child Sex Tourism Destination 
 
Taiwan does not have an identified child sex tourism problem. 
 The CYSTPA imposes criminal penalties on Taiwan citizens 
arrested abroad for having or attempting to have sexual 
relations with minors. 
 
Protection and Assistance to Victims 
------------------------------------ 
 
29 A.       Taiwan Assistance to TIP Victims 
 
In July 2007, the Executive Yuan approved the "Human 
Trafficking Prevention Implementation Plan,8 setting aside 
NT$390 million (US$12.6 million) for the 2008-2010 period for 
the construction and improvement of shelter facilities, 
education and training for government officials, and the 
expansion of international cooperation to combat trafficking. 
 From March 2007 to February 2008, the multi-agency task 
force charged with overseeing anti-TIP efforts has convened 
six times.  In late 2007, the task force recommended 
increasing funding for the Implementation Plan to NT$690 
million (US$22.3 million) to meet anticipated budgetary needs. 
 
Local governments are legally required to provide economic 
and other assistance to identified victims of trafficking. 
Assistance includes but is not limited to: emergency housing 
subsidies, education subsidies for children, job placement 
assistance, legal aid subsidies, and medical and 
psychological treatment.  CLA also contributes funds to 
defray legal costs for foreign workers involved in litigation 
against their employers. 
 
According to MOI, local governments and NGOs have been 
enlisted to provide counseling services, educational 
opportunities, and other counseling services to identified 
victims of trafficking.  According to MOI, subsidies in 2007 
for such services totaled NT1,035,732 (US$33,000). 
 
MOI and CLA are working together to establish a database of 
local government interpreters to be made available to foreign 
workers in need of translation services related to employment 
disputes or other legal matters.  CLA is also working with 
local governments to standardize procedures to allow NGO 
representatives to accompany and assist identified victims 
involved in labor disputes and other legal matters. 
 
TAIPEI 00000399  017 OF 022 
 
 
 
A free, multilingual telephone hotline for foreign workers 
handled 13,355 calls in 2007.  All city and county 
governments are required to operate foreign worker consulting 
service centers, to provide dispute resolution and legal 
consulting services, and to provide referrals to law 
enforcement in cases of suspected human trafficking. 
According to MOI, these centers processed 136,199 inquiries 
in 2007. 
 
Taiwan's recently amended Immigration Law provides additional 
protections for trafficking victims.  Law enforcement 
agencies must protect trafficking victims' identities and 
personal information from public disclosure.  National and 
local government agencies must also ensure trafficking 
victims' personal safety, and provide them with appropriate 
housing, medical and psychiatric care, counseling services, 
translation assistance and legal counseling services.  If the 
victim is a minor, a social worker must be assigned to his or 
her case, and must be present during police questioning, all 
legal proceedings, and trial. 
 
If a trafficking victim cooperates with prosecutors by 
providing testimony or other assistance, the victim shall be 
entitled to the protections afforded by Taiwan's Witness 
Protection Law.  Additionally, such cooperation shall be 
considered by prosecutors and judges to reduce or eliminate 
the victim's liability for any criminal or administrative 
violations.  Victims who cooperate with prosecutors are 
entitled to receive temporary visas to remain in Taiwan up to 
six months, and can request extensions.  However, once the 
prosecutor closes the case, the trafficking victim will be 
repatriated to his or her home country.  In late January 
2008, Taiwan issued new guidelines intended to ensure the 
safe repatriation of trafficking victims to their home 
countries. 
 
The Taiwan authorities acknowledge that trafficking victims 
residing in Taiwan long-term should be permitted to work. 
Article 44 of the amended Immigration Law includes provisions 
which authorize the CLA to issue temporary work permits to 
trafficking victims for periods of up to six months, 
depending upon the length of the investigation or trial in 
which the testimony of the trafficking victim is required. 
CLA has not yet issued regulations to this effect. 
 
29 B. Care Facilities Accessible to TIP Victims 
 
Under Taiwan's National Action Plan to combat trafficking, 
the CLA is responsible for providing shelter services to 
those trafficking victims who entered Taiwan as legal foreign 
workers.  The NIA is responsible for providing shelter 
services to those trafficking victims who entered Taiwan via 
all other legal or illegal means, including but not limited 
to: foreign spouses, tourist and business visa overstays, and 
illegal immigrants smuggled into Taiwan. 
 
In December 2007, the NIA solicited NGO bids to operate a 
shelter for trafficking victims.  NIA's solicitation 
attracted no bids, NGOs contend, because the budget allocated 
by NIA (less than NT$470 per person per day) was insufficient 
to cover expected operating expenses.  Because the NIA did 
not find an acceptable bidder, the Legislative Yuan cut 
shelter funding from the NIA's 2008 budget during the final 
legislative session of 2007.  NGOs have further criticized 
the NIA for proposing to locate the NGO-operated shelter in a 
refurbished detention facility.  Under the NIA plan, NGOs 
allege, trafficking victims at the shelter would be under 
constant NIA supervision, and denied privacy or freedom of 
movement, making the shelter environment virtually 
 
TAIPEI 00000399  018 OF 022 
 
 
indistinguishable from that of a detention center. 
 
29 C.       Taiwan Government Support to NGOs Providing 
Services to Victims 
 
CLA provides a subsidy of NT$500 (US$15) per person per day 
to 11 NGO-operated shelters for trafficking victims.  CLA's 
2007 annual budget for temporary shelters was NT $9.6 million 
(US $310,000).  The Taipei and Kaohsiung City governments 
fully fund one shelter each, operated by NGOs in their 
respective districts.  According to CLA, 493 individuals were 
placed in these shelters during 2007, in addition to the 
shelters' existing number of long-term residents. 
 
CLA also supports 24 Foreign Labor Consultant Service Centers 
located around Taiwan.  The Centers, operated by local 
governments with CLA funding, provide counseling, legal aid, 
and labor dispute resolution services to foreign workers, 
including those identified as victims of trafficking. 
 
Information on Taiwan funding for NGO activities, including 
shelter subsidies, will be provided in a subsequent cable. 
 
29 D.       System to Identify TIP Victims and Refer Them to 
Shelters 
 
In early 2007, the MOJ drafted the "Human Trafficking Victim 
Identification Principles" as required by the Action Plan. 
According to MOI, the multi-agency task force approved the 
guideline in early March 2007.  The guideline was then 
disseminated to Taiwan law enforcement, immigration, and 
labor officials for implementation. 
 
Begin Guideline: 
 
Trafficking victims are identified as those: 
 
¶1.  Scouted, recruited, transported, sheltered, or introduced 
to or removed from Taiwan through the use of coercion, 
threat, intimidation, spying, or through restraint by the use 
of drugs, hypnotism, fraud, debt or any other form of 
restraint for the purposes of sexual exploitation, forced 
labor, or removal of organs; 
 
¶2.  Those under the age of 18 found conducting sexual 
transactions should be treated as trafficking victims 
regardless of the minor's consent or voluntary participation; 
 
¶3.  During the investigation or disruption of suspected human 
trafficking rings, police, prosecutors, and other law 
enforcement officials are required to pay special attention 
to the following types of individuals to determine if they 
are victims of trafficking: 
 
(a)  Children under the age of 18; 
 
(b)  Those subjected to involuntary transportation or 
transfer to a different place or employer; 
 
(c)  Those subjected to abuse during their transportation to 
Taiwan or transfer to another location within Taiwan.  Abuse 
includes but is not limited to forced confinement or 
restricted communication with others, physical violence, 
coercion, threat or intimidation, and sexual assault. 
 
(d)  Those subjected to abuse at their residence or work 
location.  Abuse includes but is not limited to forced 
confinement or restricted communication with others, physical 
violence, coercion, threat or intimidation, and sexual 
assault. 
 
TAIPEI 00000399  019 OF 022 
 
 
 
(e)  Those whose travel or identity documents have been 
confiscated by another; 
 
(f)  Those who have had excessive amounts withheld from their 
earnings, or who have not received fair pay for their work; 
 
(g)  Those who have been forced to perform work different 
from that which they were agreed to do, or those who have 
been forced to transfer to a different employer; 
 
(h)  Any other person who can demonstrate he or she is a 
victim of trafficking. 
 
¶4.  Law enforcement officers are required to conduct 
questioning of potential trafficking victims with 
interpreters and social workers, if necessary.  If the 
investigating officer is uncertain of whether an individual 
is a trafficking victim, he or she is required to contact the 
prosecutor's office for further guidance. 
 
¶5.  Trafficking victims must be clearly identified as such 
during the booking and detention process, and must be 
separated from other involved suspects for their protection. 
Once individuals are identified as trafficking victims, law 
enforcement officials must contact the appropriate social 
welfare and labor services entities to arrange for 
appropriate accommodations.  Law enforcement officials must 
inform trafficking victims of measures available for their 
assistance and protection, and request their cooperation in 
identifying and prosecuting the traffickers involved. 
 
¶6.  If prosecutors determine during further investigation 
that an individual is not a victim of trafficking, the 
prosecutor shall notify law enforcement for placement of the 
individual in an appropriate detention facility. 
 
End of Guideline 
 
Taiwan continued efforts to improve law enforcement's ability 
to investigate trafficking cases, and to identify victims of 
human trafficking during the course of investigation.  In 
mid-2007, MOJ drafted standard operating procedures (SOP) for 
the investigation of human trafficking cases, and also 
developed a guideline to help police and prosecutors identify 
the different types of trafficking cases, and the statutes 
under which such cases should be charged.  The investigation 
SOP and charging guidelines were approved by the multi-agency 
anti-TIP task force on November 20, 2007, and are now in use 
by police and prosecutors island-wide. 
 
Taiwan government agencies at the local and national level do 
not have a reliable process in place to identify or refer 
trafficking victims from law enforcement custody to shelter 
facilities.  In practice, local police are usually the first 
to encounter and arrest foreign nationals living and working 
in Taiwan illegally.  According to the current victim 
identification guidelines detailed above, the arresting 
officer should make the initial determination as to whether 
the foreign national is a trafficking victim or not. 
Existing victim identification guidelines require the 
arresting officer to consider how the foreign national came 
to be in Taiwan (legal foreign worker, foreign spouse, 
illegal immigrant) and the circumstances leading to his or 
her arrest (working illegally after fleeing an abusive 
employer or husband, work in the sex industry) for 
indications that the foreign national may have been a victim 
of trafficking.  Once the officer makes his or her 
determination, the officer is required to report his or her 
findings to the local prosecutor's office.  NGOs report that 
 
TAIPEI 00000399  020 OF 022 
 
 
many, if not most local police officers are unwilling to 
inquire into the circumstances which caused the foreign 
national to violate immigration or labor laws, or to ask 
whether the foreign national volunteered or was forced into 
prostitution.  NGOs contend that most police officers end 
their inquiry upon finding one of the foregoing infractions, 
inadvertently classifying many trafficking victims as 
"criminals." 
 
If a foreign worker reports illegal work, exploitative 
working conditions, or other abuse to the police, the police 
are required to refer the worker to the local Bureau of Labor 
Affairs (BLA), which should then assume responsibility for 
the case.  In the event of a police referral, or if the 
worker complains directly to BLA, BLA is required to arrange 
for a labor inspector and police officer to visit the 
worksite and investigate the alleged illegal work or abuse. 
BLA will also refer the worker to an appropriate NGO-run 
shelter.  NGOs complain that the investigation can take 
longer than six months, during which time the foreign worker 
is forbidden from working. 
 
The victim identification guidelines require the local 
prosecutor to review the arresting officer's report, and if 
necessary, conduct  further investigation to determine 
whether the individual is a trafficking victim or an illegal 
immigrant. However, NGOs reported that prosecutors usually 
accept the conclusions reached in the arresting officer's 
initial report and rarely undertake their own independent 
investigation.  NGOs and immigration officials agreed that if 
the arresting officer is unsympathetic or does not understand 
the definition of a trafficking victim, the officer might 
improperly classify someone as an immigration violator, or 
other form of criminal, instead of a trafficking victim. 
Moreover, if the prosecutor is overworked, as is often the 
case, it is increasingly probable that trafficking victims 
will go undetected, and be treated as "criminals" rather than 
"victims." 
 
Those deemed to be illegal immigrants (including foreign 
workers in "illegal" status) are usually sent to one of the 
NIA's four "formal" detention centers for holding, until the 
prosecutor decides to file charges or to repatriate the 
foreign national to his or her home country.  In some cases, 
where NIA officials determine that the foreign national can 
be repatriated quickly, he or she will be held at a 
"temporary" detention facility at a local NIA office to await 
deportation. 
 
NIA detention center officials contend that their chief 
responsibility is to provide humane treatment to detainees 
while they await the prosecutor's decision to charge or 
repatriate them.  NIA detention center officials insist that 
it is not the role of detention center personnel to 
second-guess the police officer or the prosecutor on whether 
a detainee is or is not a victim of trafficking. 
Nonetheless, regulations require NIA detention facility 
officers to interview all incoming detainees.  On rare 
occasions, NIA detention center officials will contact the 
NIA central office to report potential trafficking victims. 
The NIA central office will then contact the relevant 
prosecutor's office to suggest reconsideration of a 
particular individual's case.  There is no procedure in place 
for NIA detention center officials to directly contact the 
prosecutor in charge of the detainee's case, causing weeks or 
months to go by before victims are relocated to shelters. 
 
If detainees are not identified as trafficking victims, they 
will remain in detention until the prosecutor decides to 
charge them for immigration, labor, or other violations.  If 
 
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the prosecutor decides to file charges against a detainee, 
the detainee will remain in the detention facility until a 
verdict and sentence are issued.  If the detainee is 
convicted and sentenced to prison, the detainee will be 
transferred to a jail to serve out the assigned sentence. 
Time served in the detention facility will not be deducted 
from the prison sentence.  If the detainee is convicted of 
lesser offenses, usually minor immigration and labor 
violations, he or she will typically be fined 
NT$5,000-$10,000, and assessed the cost of the return airfare 
to his or her home country.  If the detainee is unable to pay 
the required fines or airfare, the period of detention will 
usually be extended, unless an NGO is willing to pay on 
behalf of the detainee. 
 
According to MOJ, from March 1, 2007 to February 20, 2008, 
the Taiwan authorities identified 213 individuals as victims 
of human trafficking.  Of them, 126 were willing to cooperate 
with prosecutors.  Prosecutors filed charges in 35 separate 
cases, involving a total of 75 victims.  Of those 75, 49 had 
all charges against them dropped, including immigration and 
labor violations, and minor criminal charges.  An additional 
26 victims had all charges against them suspended.  The 
remaining 138 trafficking victims were involved in cases 
where the prosecutors decided not to file charges.  Despite 
having been identified as trafficking victims, those 138 
individuals were held in immigration detention facilities and 
prosecuted for immigration, labor, and criminal law 
violations.  According to NIA, most were fined and some sent 
to prison before being repatriated.  The majority of those 
recognized as "trafficking victims" by the Taiwan government 
were not granted immunity from prosecution for offenses 
occasioned by their having been trafficked -- only those who 
cooperated with prosecutors in cases where charges were 
actually filed against the trafficker or other defendants 
were excused from punishment. 
 
According to MOI, local government agencies placed 47 
trafficking victims with government-subsidized NGO shelters 
during 2007. None were in possession of a working visa. 
Twenty-four had been victims of sexual exploitation, and 23 
had suffered labor exploitation.    According to CLA, 18 
individuals holding working visas were placed with CLA-funded 
NGO shelters during 2007.  All were identified as victims of 
labor exploitation.  These numbers indicate that of the 213 
individuals recognized as "trafficking victims," only 65 were 
removed from detention and placed in NGO-operated shelter 
facilities.  Thus, ten of the 75 trafficking victims who 
cooperated with prosecutors in cases where charges were 
actually filed were never transferred from detention to 
shelter accommodations. 
 
NGOs contend that the vast majority of trafficking victims 
are never detected, ending up in NIA detention centers or 
local NIA or police holding cells, only to face prosecution 
for crimes they committed as a result of having been 
trafficked, followed by deportation.  NGOs further allege 
that investigations by police and prosecutors into whether 
someone is or is not a trafficking victim often take months 
instead of weeks to complete.  During that time, trafficking 
victims are held in detention centers without sufficient 
access to medical care, counseling services, or legal 
assistance.  As the above statistics from MOI and CLA 
demonstrate, even after someone is recognized as a 
trafficking victim, it does not ensure that they will be 
removed from detention or excused from punishment. 
 
NGOs report that they are permitted regular access to 
detainees at the NIA detention facilities in Taipei Sanhsia 
Hsinchu, and Yilan. (The Matsu facility, located on Matsu 
 
TAIPEI 00000399  022 OF 022 
 
 
Island near mainland China, is used only to hold PRC citizens 
immediately before they are repatriated to the PRC).  Two 
NGOs are engaged in a project to systematically interview all 
of the detainees held at the Sanhsia and Hsinchu facilities. 
From September 2007 to February 2008, NGO representatives had 
completed some 600 interview questionnaires.  According to 
one NGO representative, at least half of those interviewed 
were forced to perform work outside the scope of their 
contract, or had not been paid full or fair wages.  Because 
many laborers cannot identify their employers, or prove the 
kind of work they were doing or the hours they actually 
worked, most of these labor trafficking cases cannot be 
established.  During the interview process, however, NGO 
staff encountered twelve foreign women lured to Taiwan by 
promises of marriage.  The women were ultimately forced to 
work upon their arrival in Taiwan.  These cases are 
well-documented, and on March 10, 2008 the NGO referred the 
best six cases to NIA for further investigation. 
 
NGOs report that many of the trafficking victims currently at 
NGO shelters are walk-ins, or were referred by friends or 
family.  Certain local police departments have referred 
suspected trafficking victims to NGO shelters on a number of 
occasions, but, according to the NGOs, this is done on a 
largely ad-hoc basis.  Some of the trafficking victims 
presently in NGO-operated shelters were referred by local 
Bureau of Labor Affairs (BLA) officials.  The local BLA 
office in Taoyuan has established an informal policy that all 
victims of trafficking are to be sent directly to NGO 
shelters, are not to be incarcerated, and are not to be 
returned to the custody of their brokers or employers.  NGOs 
continue to lobby the CLA and local BLA offices to institute 
this practice island-wide. 
 
If a trafficking victim is referred to an NGO-operated 
shelter by a Taiwan central or local government agency, the 
receiving NGO will automatically receive the daily per-person 
subsidy of NT$500.  NGOs must apply to the government to 
receive the subsidy for trafficking victims coming to the 
shelter through other channels.  This category would include 
walk-ins, referrals from churches or other social 
organizations, and the "ad-hoc" referrals from local police 
departments. 
 
Paragraphs 27 A through 29 D are contained in Part One. 
Paragraphs 29 E through 30 I are contained in Part Three. 
YOUNG