TAIWAN INTEREST IN EXTRADITION PACT REFLECTS

C O N F I D E N T I A L SECTION 01 OF 02 TAIPEI 000651

SIPDIS

DEPT ALSO FOR L/LEI AND INL

E.O. 12958: DECL: 06/02/2019
TAGS: PREL KCRM KJUS PGOV CVIS KFRD TW CH
SUBJECT: TAIWAN INTEREST IN EXTRADITION PACT REFLECTS
GROWING PERCEPTION, REALITY OF U.S. AS HAVEN

REF: A. TAIPEI 570

B. OSC CPP20090426072004

C. AIT TAIPEI JUNE 3 PRESS SUMMARY

Classified By: AIT Director Stephen M. Young,
for Reasons 1.4(B) and (D).


1. (C) Summary: During his May 27 Los Angeles transit, Taiwan
President Ma Ying-jeou reiterated that signing an extradition
agreement is a top priority for Taiwan's relations with the
United States. Already, popular dissatisfaction with U.S.
inability to return Taiwan fugitives is putting at risk
aspects of our law enforcement cooperation, particularly
Taiwan's ability to use means other than extradition to
return criminal suspects to the United States. America has
been second only to China as a safe haven for Taiwan
fugitives fleeing prosecution. Initial evidence suggests
that an extradition-type agreement signed by Taiwan and the
PRC in April now is making the United States Taiwan
criminals' destination of choice. Committing to work toward
an extradition agreement with Taiwan would address this issue
while also demonstrating that the U.S. remains committed to
strengthening ties with Taiwan even as cross-Strait relations
improve. End Summary.

President Ma: Extradition a Top Priority
--------------


2. (C) According to press reports here, during his May 27
transit stopover in Los Angeles, Taiwan President Ma
Ying-jeou told U.S. congressmen and with AIT Chairman
Burghardt that a U.S.-Taiwan extradition agreement is among
his top priorities for U.S.-Taiwan relations. Presidential
advisors emphasize that Ma sees an extradition agreement as
important as a sign that our informal bilateral relationship
remains strong even as ties with China improve. On a
practical level, it would be a means of preventing the United
States from serving as a haven for Taiwan fugitives.

Friction in U.S.-Taiwan Law Enforcement Cooperation
-------------- --------------


3. (C) In general, U.S.-Taiwan law enforcement cooperation is
excellent. In particular, Taiwan officials are quick to
praise how the AIT-TECRO Mutual Legal Assistance Agreement
provides an efficient, effective and non-political channel
between law enforcement agencies. Likewise, Taiwan officials
have provided excellent cooperation with U.S. law enforcement
efforts, returning five fugitives (including murderers, a
rapist, and a child molester) over the past 18 months.


4. (C) However, the lack of an extradition mechanism has
meant that the flow of criminal suspects is not two-way.
Over the past decade, neither we nor our Taiwan counterparts
are aware of an instance in which the United States was able
to return any of the 137 criminal fugitives believed by
Taiwan to be in the United States. This is a significant
irritant in our law enforcement relationship and increasingly
is affecting other aspects of our informal ties with Taiwan.
To cite only the most recent high-profile example, Taiwan
media reported June 3 that Chen You-hao, one of Taiwan's most
infamous financial criminals, had been a major investor in
the Los Angeles hotel in which President Ma stayed during his
May 27 transit (ref c).


5. (C) This imbalance in our law enforcement cooperation
(whether real or perceived) has a concrete impact on law
enforcement. Most immediately, it leaves suspected criminals
at large in the United States. More insidiously, it is
beginning to erode Taiwan's ability to cooperate in some
areas. For example, in February, when it became public that
the United States had requested Taiwan assistance in
repatriating a criminal suspect in a child molestation case,
the government and National Police Agency,s (NPA) Criminal
Investigative Bureau (CIB) came under strong media, public

TAIPEI 00000651 002 OF 002


and legislative pressure to refuse to return the individual
unless the United States agreed to return embezzling suspect
Wang You-theng. Taiwan authorities understood that they had
little to gain from refusing to return a suspected child
molester and, ultimately, were able to push back against this
clearly unworkable idea. Nevertheless, the heightened
sensitivity of the issue in the public spotlight made the
repatriation considerably more difficult and time-consuming
than previous cases.


6. (C) Coincidentally, during the same period, AIT was
alerted to another possible Taiwan transit by a wanted U.S.
fugitive. Knowing that asking Taiwan for additional
assistance even while it struggled with the pressure and
publicity from the Chen You-hao and Wang You-theng cases
would put severe strains on the relationship, RSO declined to
alert the NPA and CIB about the second case. Instead, rather
than take a chance of both requests being refused, RSO used
more risky means to apprehend the fugitive outside of Taiwan.

Lagging Behind Cross-Strait Cooperation?
--------------


7. (C) In April, China and Taiwan signed the "Cross-Strait
Joint Crime-Fighting and Mutual Legal Assistance Agreement"
(Cross-Strait MLAA - see ref A for details). In
conversations with AIT officers, Taiwan law enforcement
officials expressed concern that this agreement would
encourage Taiwan fugitives now in China to move to the United
States. Negotiators of the agreement and AIT contacts
emphasize that the PRC will have to make good on Taiwan's
extradition requests in order to avoid undermining public
confidence on Taiwan in the improving cross-Strait
relationship. As a result, they expect the mainland will no
longer be the haven it once was for Taiwan economic criminals.


8. (C) Already, there is evidence to suggest that these
concerns are justified. This week alone, AIT is aware of at
least two instances of fugitives wanted by Taiwan applying
for U.S. visas at consulates in the PRC. Chen You-hao is
currently in the PRC applying to renew a non-immigrant visa
to enter the U.S. and has an immigrant investor visa petition
on file with DHS/USCIS. Similarly, on June 2, Liu Kai-chee,
a Taiwan national who fled to China almost ten years ago to
avoid charges, applied at the U.S. consulate in Shanghai.
(Liu's application was refused 221g, to allow Taiwan
authorities time to coordinate with PRC counterparts.)

Comment
--------------


9. (C) The absence of a U.S.-Taiwan extradition agreement is
becoming a serious problem for our law enforcement
cooperation with Taiwan. Domestic expectations that Taiwan
finally will be able to bring to justice high-profile
economic fugitives now in the PRC will inevitably push people
here to ask why their government is unable to secure similar
cooperation from the United States. Our experience has been
that Taiwan fugitives are keenly aware of the weaknesses and
loopholes in our legal system. Thus, putting in place an
extradition agreement will be important as a deterrent as
well as a tool to return those fugitives already there. At
the same time, agreeing to pursue extradition talks would
demonstrate our commitment to strengthen ties with a friendly
and cooperative Taiwan administration.
YOUNG