人口販運防制法 Human Trafficking Prevention Act

The Human Trafficking Prevention Act (the “HTPA”) was enacted to prevent human trafficking and to safeguard the rights of victims. The HTPA defines “human trafficking” and related offenses, including “improper debt bondage,” specifies the responsibilities of the competent authorities at the central government, city, county, and municipal levels (including for cooperation among such competent authorities and with international governmental bodies and NGOs to eradicate human trafficking). It also governs matters including the prevention and identification of offenses; the protection and sheltering of victims as well as protection of witnesses; the treatment of victims who are not Taiwanese citizens and do not have valid resident or visitor permits (including the issuance of temporary visitor permits as well as the timing and conditions for repatriation); the confidentiality of victims’ identities (with financial penalties for unauthorized disclosures); and criminal procedure (including use as evidence of victim statements made outside of judicial proceedings). Persons found to have committed criminal offenses under the HTPA are subject to imprisonment for up to seven years or (for certain offenses) for periods in excess of seven years as well as to fines up to N.T. seven million, depending on the nature of the offense. The HTPA further provides that any property or profit from assets acquired from human trafficking is to be confiscated regardless of its ownership except the part to be returned to victims. Additionally, the HTPA provides for suspension or revocation of the licensing of any Taiwanese vessel, aircraft or other means of transportation whose owner, operator, captain, pilot, or driver has been engaged in transporting trafficked persons, as well as revocation of the professional licenses or qualifications of the captain, pilot or driver. The HTPA applies on an extraterritorial basis outside of Taiwan for the crimes specified in the legislation. English translation available here.