Case 1:20-cv-00765-DAE Document 70 Filed 10/16/23 Page 1 of 2
`
`Case 1:20-cv-00765-DAE Document 70 Filed 10/16/23 Page 1 of 2
`
`Taiwan
`City of Taipei
`American Institute in Taiwan
`Taipei Office
`
`
`
`Nene”SeneteeeNet
`
`858:
`
`I, Mare Monroig, hereby depose and sayas follows:
`
`[| am employed by the American Institute in Taiwan and am presently
`1.
`Stationed at
`the American Institute in Taiwan, Taipei Office, Consular
`Section, American Citizen Services Unit.
`
`In the absence of diplomatic relations, unofficial commercial, cultural
`2.
`and other relations between the people of the United States and the people
`of Taiwan are conducted by the American Institute in Taiwan,
`an
`unofficial organization funded by Congress.
`
`a nonprofit entity
`in Taiwan (“AIT”),
`3. The American Institute
`incorporated under the laws of the District of Columbia, is authorized to
`assist and “... protect the interests of United States persons by performing
`acts such as are authorized to be performed outside the United States for
`consular purposes by such laws of the United States as the President may
`specify.” See 22 U.S.C. 3305, 3306(a)(3). The judicial assistance acts of
`AIT personnel parallel the acts performed by U.S. consular officers under
`28 U.S.C. 1781(a)(2). See 22 C.F.R. 92.54, 92.66.
`
`to Section 10(a) of the Taiwan Relations Act, 22 U.S.C.
`Pursuant
`4.
`3309(a), Taiwan Council for U.S. Affairs (TCUSA)is the instrumentality
`established by the people on Taiwan having the necessary authority under
`the laws of Taiwan to take actions on behalf of Taiwan in accordance with
`the Taiwan Relations Act (22 U.S.C. 3301 et seq.
`(Section 1-204, Ex. Or.
`No. 12143 of 6/22/79, 44 Fed Reg 37191.)
`
`5. Officers of AIT follow the guidelines for performance of consular
`services set
`forth in 22 C.F.R. Part 92 and Volume 7 of the U-S.
`Department of State’s Foreign Affairs Manual (“FAM”).
`7 FAM Chapter
`900 governs the performance of services related to international judicial
`assistance.
`
`22 U.S.C. 3306(b) provides that acts performed by authorized
`6.
`employees of AIT under 22 U.S.C. 3306 are valid, and of like force and
`effect within the United States, as if performed by any other person
`authorized under the laws of the United States to perform such acts.
`
`

`

`Case 1:20-cv-00765-DAE Document 70 Filed 10/16/23 Page 2 of 2
`
`Case 1:20-cv-00765-DAE Document 70 Filed 10/16/23 Page 2 of 2
`
`7. Letters rogatory issued by a tribunal in the United States requesting
`international judicial assistance from Taiwan are transmitted, pursuant to
`28 U.S.C. 1781(a)(2) to the foreign tribunal, officer, or agency to whomit
`is addressed through AIT. AIT transmits the request to TCUSA, which
`forwards it to the appropriate Taiwan authority in a position to assign the
`request to a tribunal for execution. The executed request is received by
`AIT from TCUSA and returned to the requesting tribunal
`in the United
`States.
`
`8. On October 13, 2022, AIT received two sets of letters rogatory and
`accompanying documents requesting judicial assistance in the matter of
`Bandspeed LLC.v. Realtek Semiconductor Corporation, Civil Action No. 1:20-cv-00765,
`service upon Realtek Semiconductor Corporation. On October 17, 2022,
`AIT transmitted these to TCUSA for action.
`
`9. On February 13, 2023, AIT received a communication from TCUSA
`stating that the service has been effected on January 17, 2023 by the
`Taiwan Hsinchu District Court.
`
`] declare under penalty of perjury that the foregoing is true and correct.
`
`ea
`
`Marc Monroig
`Consular Officer
`
`On February 14, 2023
`
`Executed in Taipei, Taiwan
`
`The foregoing Unsworn Declaration Under Penalty of Perjury was
`executed in accordance with 28 U.S.C. 1746.
`
`