Benjamin J. Y. Lo
Deputy Representative July 8, 1999
Taipei Economic and Cultural Representatives
Office in the United States
4201 Wisconsin Avenue, NW
Washington DC 20016-2137
Dear Deputy Representativte Lo:
I have the honor to propose an exchange of letters regarding the
coordinatian of labeling of office equipment as Mergy effidast
This exchange of letters will provide for further cooperation b-
etween energy efficitncy experts fiom the territory represented
by the American Institute in Taiwan (AIT) and the terrhory repr-
esented by Taipei Euxlemic and Cultural Representative Office in
the United States (TECRO). Outlined below are proposed terms of
cooperation on energy efficient oace equipment programs, using
the exisring ENERGY STAR name and logo owned by the U.S. Enviro-
nmental Protection Agency as the common label.
For the purposes ofrhis urchange of letters, the American Insti-
tute in Taiwan will adnrinister this program through its design-
ated representative the U.S. Environmerrtal Protection Agency in
Washington, DC EPA). The Taipei Economic and Cultural Represent-
ative Otfice will perform a similar fUnction through its design-
ated representative, the Environmental Protection Administration
in Taipei (EPAT).
The American Institute in Taiwan and the Taipd Etononrit and Cu-
frrrral Representatives Office, hereinafter "the Parties," desi-
ring to maximize energy savings and environmental benefits by s-
tirnulating the supply of and demand for energy-efficient produ-
cts will cooperate through their designated representatives in
accordance with the following terms.
General Principles
1.A common set of energy-efficiency specifications and a common
logo shall be used by the Parties for the purpose of establis-
hing consistent targets for manufacturers, thereby maximizing
the effect of their individual efforts on the supply of and d-
emand for such product types.
2.The Parties shall use the International EVERGY STAR Logo for
the purpose of identifying qualified energy-efficient product
types lined in Annex C.
Definitions
1.For the purposes of this exchange of letters:
a."ENERCY STAR" means the U.S.-registered service mark designa-
ted in Annex Aand owned by EPA;
b."International Logo" means the U.S.-registered certification
mark designated in Annex A andowned by EPA,
c."ENERCY STAR Marks" means the "ENERGY STAR" name and the Int-
ernational Logo, as well as any versions of these marks that
may he developed or modified by EPA and EPAT or Program Part-
icipants, as herein defined;
d."ENERGY STAR Labeling Program" means a program administered
try EPA and EPAT using common energy-efficiency spedfications
, marks, and guidelines to beapplied designated product types
;
e."Program Pnrticipnntsn means manufacturers, vrndnrJ, or resa-
le agents that sell designated, eneigy-efficient products th-
at meet the specifications of and who have chosen to partici-
pate in, the ENERGY STABLabeling Program by registering or e-
ntering an agreement with either EPA or EPAT;
F."Specifications" are the energy-efficiency and performance r-
equirements, including testing methods listed in Annex C, us-
ed by EPA and EPAT and Program Participants to determine qua-
lification of energy-efficient products for the International
Logo.
Management Entities
1.Each Party fereby designates its designated representative as
the Pvianagement Entity responsible for implementation of this
exchange ofletten (the "Managemerrt Errtities").
Administration of the ENERGY STAR Labeling Program
1.Each Management Entity shall adninister the ENERGY STAR Label-
ing Program for the energy-efficient product types listed in
Annex C, subject to the terms and conditions set forth in this
exchange ofletters. Program administration includes registeri-
ng Program Participants on a voluntary basis, maintaining Pro-
gram Participant and compliant product lists, and enforcing t-
he rams afthe logo use guidelines set forth in Annex B.
2.The ENERGY STAR Labeling Program shall use the Specifications
listed in Annex C.
3.Each Management Entity shall take effective measures to educa-
te consumers about the ENERGY SrAR marks, in accordance with
the logo use guidelines set forth in Annex B. These measures
may include informing consumers about the benefits of purchas-
ing energy-efficient products that mew the Specifications, and
undertaking marketing or education efforts to stirnulate mark-
et demand for labeled products.
4.Each Management Entity shall bear its own expenses for all of
the activities associated With this exchange ofletrers,
Participation in the ENERGY STAR Labeling Program
1.Any manufacturer, vendor or resale agent may enter the ENERGY
STAX Labeling Program by registering as a Program Participant
with the Management Entity of either Party (or other entities
entitled to register Program Participants).
2.Program Partidpants may use tire International Logo to ident-
ify qualified products that have been tested in their own fa-
cilities or by an independent test laboratory and that meet
the Specifications set forth in Annex C,and may self-certify
product qualification.
3.The registration of a Program Participant in the ENERGY STAR
Labeling Program by the Management Entity of one Party (or
other entities entitled to register Program Participants) sha-
ll be recognized by the other Party.
4.To facilitate the recognition of Program Participants in the
ENERGY STAR Labeling Program in accordance with Paragraph 3
above, the Management Entities shall cooperate in order to ma-
intain common lists of all Program Participants and products
that qualifjr for the International Logo.
5.Notwithstanding the self-certification procedures specified in
Paragraph 2 above, each IManagement Entity reserves the right
to test or otherwise review products that are or have been so-
ld within the territory it represents to determine whether the
products are certified inacandanrt with the Specifications fo-
rth in Annex
C.The Management Entities shall communicate and cooperate fully
with one another to ensure all products bearing the Internati-
onal Logo eet the Specifications set forth in Annex C.
Program Coordination
1.Representatives of the Management Entities, as well as repres-
entatives of other entities administering the EUEBGY STAR Lab-
dino Program shah participate in a Technical Commission to re-
view irnplementation of the terms ofthis exchange of letters.
2.The Technical Commission shall meet periodically to review the
operation and administration of the ENERGY STAR Zabeling Prog-
ram, the Specifications set forth in Annex C, product coverage
, consumer education efforts and the progress in achieving the
objectives of this exchange ofletters.
Registration of the ENERGY STAR Marks
1.The EPA, as owner of the ENERGY STAB marks, may seek to regis-
ter the marks in Taiwan. EPAT shall not seek or obtain any re-
gistration of the ENmGY STAR marks or any variation of the ma-
rks in any country orterritory.
2.If the EPA registers the marks in Taiwan, the EPA undertakes
not to consider as an infringement of these marks the proper
use by EPAT or by any Program Partitiparrt registered by EPAT,
of the marks contained in Annex A in accordance with the terms
of this exchange of letters.
Enforrunmt and Non-Compliance
1.In order to protect the ENERGY STAR marks, each Management En-
tity shall ensure the proper use of the ENERGY STAR marks wit-
hin the territory h represents. Each Management Entity shall
ensure that the ENERGY STAX marks are used only in the form t-
hat appears in Annex A. Each Management Entity shall ensure t-
hat the ENERGY STAR marks are used solely in the manner speci-
fied in the logo use guidelines set forth in Annex B.
2.Each Managemerrt Entity shall ensure that prompt and appropri-
ate actiqsjr taken against Program Participants whenever they
have knowledge that a Program Participant has used an infring-
ing mark or has affixed the ENERGY STAB marks to a product th-
at does not comply with the Specifications set forth in Annex
C. Such actions shall include, but not be limited to:
(a) Informing the Program Participant in writing of its non-co-
mpliance with the terms of the ENERGY SLAB Labeling Program
;
(b) Through consultations, developing a plan to reach complian-
ce; and
(C) If compliance cannot be reachrq terminating the registrati-
on of the Program Participant as appropriate.
3.Each Management Entity sall ensure that all reasonable actions
atetaken ro end the unauthorized use of the ENERGY STAR marks
or use of an infringing mark by an entity that is not a Progr-
am Participant. Such actions shall include, bur shall not be
Limited to:
(a) Informing the entity using the ENERGY STAR marks of ENERGY
STAR Labeling Program requirements and proper logo use gui-
delines; and
(b) Encouraging the entity to become a Program Participant and
register qualified products.
4.EPAT shall immediately notify EPA of any infringement of the
ENERGY STAR marks of which it has knowledge as well as the ac-
tion taken to end such infringement.
Procedures for Amending the Terms of the Exchange of letters and
its Anneles A and B, and for Adding New Annexes
1.Either Management Entity may propose an amendment, in writing,
to the terms of this exchange ofletnrs and maypropdst new ann-
exes.
2.EPA may propase an amendment, in writing, to Annexes A and B.
3.Amendments to the teims ofthis exchange ofleners or additions
ofnav annexes shall be made by mutual agreement of AIT and TE-
CRO and the Management Entities.
4.Amendments to Annexes A and B shall be made by agreement of A-
IT and TECRO and the Management Entities and other entities a-
dmininering the ENERGY STAR Labeling Program.
Procrdures for Amending Annex C
1.A Management Entity seeking to amend Annex C to revise existi-
ng Specifications, or to add a new product type ("Proposing M-
anagement Entity") shall follow the proceduresset forth in pa-
ragraphs 1 and 2 of"Proceduresfor Amending the Terms of the E-
xchange ofLaters and its Annexes Aand B, and for Adding New A-
nnexes" section, and shall include in its proposal:
(a) A demonstration that significant energy savings would resu-
lt from revising the Specifications or addine the new prod-
uct type;
(b) Evidence of existing technology that would make possible c-
ost-effective energy savings without negatively affeding p-
rodub performance,
(c) Information on the estimated number ofprodua models that w-
ould meet the proposed specification and approximate market
share represented;
(d) Information on the views ofindnsny groups potentially affe-
cted by the proposed amendment; and
(e) A proposed effective date for the new Specifications, taki-
ng into consideration product life cycles and production s-
chedules.
2.Proposed amendments that are accepted by IUT and TECRO, both
Management Entities, and other entities administering the ENE-
IIGY STAR Labeling Program, shall enter into force on a date
agreed by AIT and TECRO and the IManagement Entities.
3.If, after receipt ofa proposal made in accordance with paragr-
aphs 1 and 2 of 'Procedures for Amending the Terms of the Exc-
hange oELetters and its Annexes A and B, and for Adding New A-
nnexes" section the other Management Entity ("Objecting Manag-
ement Entity") is of the view that the proposal does not meet
the requirements specified in Paragraph 1 above or otfiawise
objects to the proposal it shall promptly (normally by the ne-
xt Technical Commission Meeting) notify the Proposing Managem-
ent Entity in writing of its objedian and include include any
available information supporting its objection; for example i-
nformation demonstrating that the proposal, if adopted, would
likely:
(a) Disproportionately and unfairly confer market power on one
company or industry group;
(b) Undermine overall indnsny participation in the ENERGY STAR
labeling program;
(c) Conflict with its laws and regulations; or
(d) Impose burdensome technical requirements.
4.The Management Entities, with other members of the Technical
Commission, shall make best efforts to reach agreement on the
proposed amendment at the first meeting of the Technical Comm-
ission foilowing the proposal. If members of the Technical Co-
mmirsion are unable to reach agreement on the proposed amendm-
ent at this meeting, they shan seek to reach agreement in wri-
ting prior to the subsequent Technical Commission meeting.
5.If, by the end of the subsequent Technical Commission meeting,
the members art lmable to reach agreement the proposing Manag-
amm Entity shall withdraw its proposal; and with respect to p-
roposals to revise cdsring Specificationg the corresponding p-
roduct type shall be removed from Annex C by the date agreed
upon in writing by members of the Technical Corrunission. All
Program Participants shall be informed of this change and of
the procedures to be followed to implement this change.
General Provisions
1.Other environmental labeling programs are not covered by this
excange of letters.
2.All activities undertaken under the terms of this exchange of
ieters shall be subject to the applicable laws and regulatio-
ns in the territories represented by AIT and TECRO and to the
availability of resources.
3.Nothing in this exchange of leaers shall affect the rights a-
nd obiigatibns of any Party deriving from a bilateral, regio-
nal or multilateral agreement into which it has entered prior
to the entry into force of this exchange of letters.
4.Notwithstanding any other provisions of the terms of this ex-
change of letters, EPA may register Program Participants with
respect to product types not included in Annex C, that are p-
art of the U. S. domestic ENERGY STAR Labeling Program Neith-
er EPA nor EPAT shall hinder the imporg export, sale or dist-
ribution of any product because it bears the domestic energy-
effciency marks of the other Party.
If the activities and the terms set forth in this letter are
acceptable to TECRO, this letter, together with your reply,
shall constitute an exchange of letters and shall be effective
upon your reply. AIT ana TECBO may terminate theterms of this
exchange of letters at any rime by providing three months wri-
tten notice to the other Party.
In the evet of termination of the terms of this exchange of l-
etters, EPA and EPAT shall inform all Program Participants wh-
ich they have registered of the termination of the joint prog-
ram. In this case, EPAT will not use the ENERGY STAR marks. E-
PAT shall ensure that it and any Program Participants which it
has registered cease using the EMERGY STAR marks by the date
agreed upon in writing by EPA and EPAT.
Sincerely,
Barbara J. Snfrragt
Deputy Managing Director
Annexes: Annex A, ENERGY STAR trternational Logo
Annex B, Logo Use Guidelines
Annex C, Prodnd specifications and test methods
CC: Hsuing-Wen Chen, EPAT/AQPNC
Hueychen Chien, EPAT/AQPNC
Zdward Linky, EPA/Rzgion 2
Yu-ting Liu, EPA/OIA
Alison ten Gate, EPA/OAR
駐美國台北經濟文化代表處
Taipei Economic and Cultural Representative Office in the United
States 4201 Wiwonsin Avenue, N.W.. Washington. D.C. 20016
Tei: (202) 895-1800
July 8, 1999
Ms. Barbara J. Schrage
Deputy Managing Director
American Institute in Taiwan
1700 North Moore Street, 17tj Floor
Artington VA 22209
Dear Ms. Schrage:
I have the honor to acknowledge receipt of your Icttn dated Iuty
8, 1999, which describe; the proposed tams nfroopaation for ene-
rgy efficient oftice equipment labeling programs. In addition I
have received the Annex A, B, and C which form part of those te-
rms of cooperation Your letter reads as follows:
"I have the honor to propose an exchange ofleners regarding the
coordination of labeling of office equipment as energy efficient
This exrhange of letters will provide further cooperation betwe-
en energy efficiency experts from the territory represented by
the American Institllte in Taiwan (AIT) and the territory repre-
sented by Taipeifconomic and Cultural Representative Office in
the United States (TECRO). outlined below are proposed terms of
cooperation on energy efficient office equipment programs using
the existing ENERGY STAR name and logo owned by the US. Environ-
mental Protection Agency asthe common label.
Far the purposes of this exchange of letters, the American Inst-
itute in Taiwan will administer this progrmn tfriou4h its desig-
nated reptesentative; the U. S. Environmental Protection Agency
in Washington, DC (EPA). The Taipei Economic and Cultural Repre-
sentative Office will pedhrm a similar firnbion through its des-
ignated representative, the Environmental Protedion Administrat-
ion in Taipei (EPAT).
The American Institute in Taiwan and Taipei Eeonornic and Cultu-
ral Representatives Office, hereinafter "the Parties," desiring
to maximize energy savings and environmental benefits by stimul-
ating the supply of and demand for energy-efficiem products, wi-
ll cooperate through their designated representatives in accord-
ance with the following terms:
General Principles
1.A common set afenergy-efficiency specifications and a common
logo shall he used by the Parties for the purpose of establis-
hing consistent targets. for manufacturers, thereby maximizing
the effect of their individual efforts on the supply of and d-
emand for such product types.
2.The Parties shall use the international ENERGY STAR Logo for
the purpose of identifying qualified energy-efficierrt product
types listed in Annex C.
Definitions
1.For the purposes oftfiis exchange of letters:
a."ENERGY STAR" means the U.S.-registered service mark designa-
ted in Annex A and owned by EPA;
b."Tnternationnl Logo" means U.S. -registered certification ma-
rk designated in Annex A and owned by EPA;
C."ENERGY STAR Marks" means the "ENERGY STAR" name and the Int-
ernational Logo, as well as any versions of these marks that
may be developed or modified by the EPA and EPAT or Program
Participants, as herein defined;
d."ENERGY STAR Labefillg Program" means a program administered
by EPA and EPAT using common energy-efficiency specifications
, marks, and guidelines to be applied to designated product
types;
e."Program Participants" means manufacturers, vendors, or resa-
le agents that sell designated, energy-efiicient products th-
at meet the specifications of and who have chosen to partici-
pate in the ENERGY SIAR Labeling Program by registering or e-
ntering an agreement with either EPA or EPAT; "Specifications
" are the energy-efficiency and performance requirements, in-
cluding testing methods listed in Annex C, used by EPA and E-
PAT and Program Participants to determine qualification ofen-
ergy-efficient products for the International Logo.
Management Entities
1.Each Party hereby designates its designated representative as
the Management Entity responsible for implementation of this
cxchange of leeters (the "Managemmt Entities")
Administration of the ENERGY STAR Labeling Program
1.Each Management Entity shall administer the ENERGY STAR Label-
ing Program for the energy-efficient product types listed in
Annex C, subject to the terms and conditions set forth in this
exchange of letters. Program administration includes register-
ing Program Participants on a voluntary basis, maintaining Pr-
ogram Participant and compliant product lists, and enforcing
the terms of the logo use guidelines set forth in Annex B.
2.The ENERGY STAR Labeling Program shall use the Specifications
listed in Annex C.
3.Each Management Entity shall take effective measures to educa-
te consumers about the ENERGY STAR marks, in accordance with
the logo use guidelines set forth in Annex B.
These measures may include informing consumers about the bene-
fits of purchasing energy-efficient products that meet the Sp-
ecifications, and undertaking marketing or education efforts
to stimulate market demand for labeled products.
4.Each Management Entity shall bear its own expenses for all of
the activities associated with this exchange of letters.
Participation in the ENERGY STAR Labeling Program
1.Any manufacturer, vendor or resale agent may enter the ENERGY
STAR Labeling Program by registering as a Program Participant
with the Management Entity of either Party (or other entities
entitled to register Participants).
2.Program Participants may use the International Logo to ident-
ify qualified products that have been tested in their own fa-
cilities or by an independent test laboratory and that meet
the Specifications set forth in Annex C, and may self-certify
product qualification
3.The registration of a Program Participant in the ENERGY STAR
Lablling Program by the Management Entity of one Party (or ot-
her entities entitled to register Program Participants) shall
be recognized by the other Party.
4.To facilitate the recognition of Program Participants in the
ENERGY STAR LabeIing Program in accordance tvith Paragraph 3
above, the ManagementEntities shall cooperate in order to mai-
ntain common lists of all Program Participants and products t-
hat qualify for the International Logo.
5.Notwithstanding the self-certification procedures specified in
Paragraph 2 above, each Management Entity reserves the right
to test or othirwise review products that are or have been so-
ld within the territory ir represents to determine whether the
products are certified. in accordance with the Spedfrations s-
et forth in Annex C. The Management Entities shall communicate
and cooperate fully with one another to ensure all products b-
earing the International Logo meet the Specifications set for-
th in Annex C.
Program Coordination
1.Representatives oithe Managrment Enrities, as well as represe-
ntatives of other entities administering the ENERGY STAR Labe-
ling Program, shall participate in a Technical Commission to
review implementation of the terms of this exchange of letters
.
2.The Technical Commission shall meet periodically to review the
operation and administration of the ENERGY STAR Labeling Prog-
ram, the Specifications set forth in Annex C, product coverage
, consumer education efforts and the progress in achieving the
objectives of this exchange ofIerters
Registration of the ENERGY STAR Marks
1.The EPA as owner of the ENERGY STAR marlcs, may seek to regis-
ter the marks in Taiwan. EPAT shall not seek or obtain any re-
gistration of the ENERGY STAR marks or any variation of the m-
arks in any country or territory.
2.If the EIA registers the marks in Taiwan, the EPA undertakes
not to consider as an infringement of these marks the proper
use, by EPAT or by any Program Participant registered by EPAT,
of the marks remained in AMex Ain accordance with the terms of
this exchange ofletters.
Enforcement and Non-Compliance
1.In order to protect the ENERRY STAR marks, each Management En-
tity shall ensure the proper use aftie ENERGY STAR marks wihin
territory it represents. Each Management Entity shall ensure
that the ENERGY STAR marks are used only in the form that app-
ears in Annex A Each Management Entity shall ensure that the
ENERGY STAR marks are used solely in the manner specified in
the logo use guidellntsset forth in Annex
2.Each MaMgement Entity shall ensure that prompt and appropriate
amen s taken against Program Participants whenever they have
knowledge that a Program Participant has used an infringing m-
ark or has affixed the ENERGY STAR marks to a product that do-
es nbt comply with the Specifications set forth in Annex C. S-
uch actions shall include, but not be limited to:
(a) Informing the Program Participant in writing of its nan-co-
mpliance with the terms of the ENERGY STAR Labeling Program
;
(b) Through tonnrlntions, developing a plan to each compliance;
and
(c) If compliance cannot be reached, terminating the registrat-
ion of the Program Participant, as appropnate.
3.Each Management Entity shall ensure that all reasonable actio-
ns are taken to end the unauthorized use of the ENERGY STAR m-
arks or use of an infringing mark by an entity that is not a
Program Participant. Such actions shall include, but shall not
be limited to:
(a) Informing the entity using the ENERGY STAR marks af ENERGY
STAR Labeling Program requirements and proper logo use gui-
ddines; and
(b) Encouraging the entity to become a Program Participant and
register qualified products.
4.EPAT shall immediately notify EPA of any infingement of ENERGY
STAR marks of which it has knowledge as well as the action ta-
ken to end such infringement.
Procedures far Amending the Terms of the Exchange of letters and
its Annexes A and B, and for Adding New Annexes
1.Either Management Entity may propose an amendment in writing,
to the terms ofthir, exchange oflerters and may propose new a-
nnexes.
2.EPA may propose an amPnrimen5 in writing, to Annexes A and B.
3.Amendments to the terms of this exchange of letters or additi-
ons of new annexes shall be made by mntrrnl agreement of ATT
and TECRO and the Pvfanagnnent Entities.
4.Amendments to Annexes A and B shaii be made by agreement of A-
IT and TECRO and the ManagementEntities and other entities ad-
ministering the ENERGY STAR Labeling Program.
Procedures Tor Amending Annex C
1.A Management Entity seeking to amend Annex C to revise acibing
Specificatiang or toadd a new product type ("Proposing Manage-
ment Entity") shall follow. the procedlaes set forthin paragr-
aphs I and 2 of "Procedures for Amending the Terms of the Exc-
hange aflertm and it Annexes A and B, and for Adding New Anne-
xes" section, and shall include in its proposal:
(a) A demonstrarion that significant energy ravings would resu-
lt from revising the Specifications or adding the new prod-
uct type;
(b) Evidence of exsting tecthnology that would make possible c-
ost-effective energy savings withorrt negatively affecting
product performance;
(c) Information on the estimated number of product models that
would meet the proposed specification and approximate mark-
et share represented,
(d) information on the views of industry groups potentially af-
fectedby the proposed amennment; and
(e) A proposed effective date for the new Spedfitations, taking
into consideration product life cycles and production sche-
dules.
2.Proposed amendments that are accepted by AIT and TECRO, both
Management Entities, and other entities administering the ENE-
RGY STAR Labeiing ProgranS shall enter into force on a date a-
greed by AIT and TECRO and the Management Entities.
3.If, after receipt afa proposal made in accordance with paragr-
aphs 1 and 2 of "Procedures for Amending the Terms of the Exc-
hange oflenen and its Annexes A and B, and for Adding New Ann-
exes" section, the other Managcmerrt Entity ("objecting Manag-
ement Entity") is of the view that the proposal does not meet
the requirements specified in Paragraph I above or otherwise
objects to the proposal it shall promptly (normally by the ne-
xt Technical Commission Meeting) notify theProposing Manageme-
nt Entity in writing of its objection and shall include any a-
vailable information supporting its objection; for example, i-
nformation demonstrating that the proposal, ifadopted, would
likely:
(a) Disproporiionately and unfairly confer market power on one
company or industry group,
(b) Undernmine overall indlip participation in the ENERGY STAR
labeling program;
(c) Conflict with its laws and regulations, or
(d) Impose burdensome technical requirements.
4.The Management Entities, with other members of the Technical
Commission shall make best efforts to reach agreement on the
proposed amendment at the first meeting of the Technical Com-
mission following the proposal. If members of the Technical
Commission are unable to reach agreement on the proposed ame-
ndment at this meeting, they shall seek to reach agreement in
writing prior to the subsequent Technical Commission meeting.
5.If, by the end of the subsequent Technical Commission meeting
, the members are unable to reach agreement, the Proposing M-
anagement Entity shall withdraw its proposal; and with respe-
ct to proposals to revise existing Specitications, the corre-
sponding product type shall be removed from Annex C by the d-
ate agreed upon in writing by members of the Technical Commi-
ssion All Program Participants shall be informed of this cha-
nge and of the procedures to be followed to implement this c-
hange.
Geaeral Provisions
1.Other environmental labeling programs are not covered by this
exchange of letters.
2.All activities undertaken under the terms of this exchange of
letters shall be subject to the applicable laws and regulatio-
ns in the territories represented by AIT and TECRO and to the
availability of resources.
3.Nothing in this exchange of letters shall affect the rights a-
nd obligations of any Party deriving from a bilateral, region-
al or multilateral agreement into which it has entered prior
to the entry into force of this exchange of letters.
4.Notwithstanding any other provisions of the terms of this exc-
hange of letters, EPA. may register Program Participants with
respect to product types not included in Annex C, that are pa-
rt of the U.S. domestic ENERGY STAR Labeling Program. Neither
EPA nor EPAT shall hinder the import, export, sale or distrib-
ution of any product because it bears the domestic energy-eff-
iciency marks of the other Party.
If the activities and the terms set forth in this letter are
acceptable to TECRO, this letter, together with your reply, s-
hall constitute an exchange of letters and shall be effective
upon your reply. AIT and TECRO may terminate the terms af this
exchange of letters at any time by providing three months wri-
tten notice to the other Party.
In the event of termination of the terms of this exchange of
letters, EPA and EPAT shall inform all Program Participants w-
hich they fave registered of the termination of the joint pro-
gram In this case, EPAT will not use the ENERGY STAR marks EP-
AT shall ensure that it and any Participants which has regis-
tered cease using the ENERGY STAR marks by the date agreed up-
on in writing by EPA and EPAT."
In reply I have the honor to accept, on behalf of TECRO, the
understanding and to confirm that the aforesaid letter and th-
is reply shall constitute an exchange of letters between AIT
and TECRO, effective on today's date.
Sincerely yours,
Benjamiin L.Y.Lo
Deputy Representative