1.BACKGROUND
1.1 The Taipei Economic and Cultural Office (TECO) and the Aust-
ralian Commerce and Industry Office (ACIO) (the Parties) no-
te that cooperation and coordination between the Fair Trade
Commission, Taipei (FTC) and the Australian Competition and
Consumer Commissoin (ACCC) (hereinafter referred to collect-
ively as "the Agencies") will enhance the sound and effecti-
ve application of the competition and fair trading laws adm-
inistrated by the Agencies.
1.2 However, the Agencies note that from time to time differenc-
es may arise between them concerning the application of the
competition and fair trading laws administrated by the Agen-
cies to conduct or transactions that implicate a significant
interest of either of the Agencies or the territories in wh-
ich their relevant laws are administrated. They further note
that in this regard, there are some material differences be-
tween the competition and fair trading laws administrated by
the Agencies.
1.3 The Agencies note the existence of the Mutual Assistance in
Business Regulation and Mutual Assistance in Criminal Matte-
rs legislation in Australia. This Arrangement is to operate
concurrently with that legislation.
1.4 The Agencies note the existence of the Osaka Action Agenda
of the Asia-Pacific Economic Cooperation Forum Concerning t-
he Competitive Environment in the Asia-Pacific Region which
was adopted on 16 November 1995 which encourages the establ-
ishment of cooperation arrangements, such as this, among the
competition authorities in that region, including the FTC a-
nd the ACCC. This Arrangement is to operate concurrently wi-
th that Action Agneda.
2.PURPOSE
2.1 The purpose of this Arrangement is to prompte cooperation a-
nd coordination between the Agencies and to lessen the poss-
ibility of differences between the Agencies in the applicat-
ion of the competition and fair trading laws administrated
by the Agencies where these differences are not the result
of statutory provisions. The ongoing exchange of information
and cooperation in a number of areas will enable each agency
to be more efficient and effective.
3.SUBJECT MATTER
3.1 This Arrangement relates to all the activities of the Agenc-
ies including enforcement, adjudication by the Agencies, co-
mpliance education, research, human resource development, a-
nd management.
3.2 The agency to whom a request for information or assistance
is made (the Requested Agency) is to provide all information
and grant assistance required unless the Requested Agency c-
onsiders it is prejudicial to important interests or would
be prevented from doing so by law. The agency seeking infor-
mation or assistance (the Requesting Agency) is to seek such
information as it is within its power and functions to do so
.
4.CONFIDENTIAI,ITY
4.1 Notwithstanding other provisions of this Arrangement the Re-
quested Agency is not required to provide information to the
Requested Agency if disclosure of that information to the R-
equesting Agency:
．is prohibited by relevant laws, or is incompatible with t-
he important interests of the jurisdiction of the Request-
ing Agency;
．would require disclosure of information which has been pr-
ovided to the Requesting Agency on a confidential basis.
4.2 The Requesting Agency is to maintain to the fullest extent
possible the confidentiality of any information provided in
accordance with this Arrangement. The Requesting Agency is
to protect to the fullest extent possible confidential info-
rmation provided in accordance with this Arrangement, inclu-
ding requests made pursuant to the Freedom of Information A-
ct 1982 (Australia). The Requesting Agency is not to release
to any other authority any confidential information provided
in accordance with this Arrangement without the prior writt-
en permission of the Requested Agency.
4.3 The Requesting Agency is to maintain confidential files to
which access is limited for the purpose of storing and hand-
ling of confidential information provided in accordance with
this Arrangement.
4.4 Where the Requested Agency requires specific measures for p-
rotection of confidential information it is to notify the R-
equesting Agency prior to the transfer of that information.
The Requesting Agency is to confirm it is willing and able
to comply prior to accepting the transfer of information.
5.SCOPE OF COOPERAT1ON
5.1 Exchange of Information
5.1.1 It is in the common interests of the Agencies to share in-
formation that will:
．facilitate effective application of their competition a-
nd fair trading laws administrated by the respective Ag-
encies;
．avoid unnecessary duplication;
．facilitate coordinated investigations, research and edu-
cation;
．promote a better understanding by each Party of economic
and legal conditions and theories relevant to their res-
pective competition and fair trading laws enforcement a-
nd related activities;
．keep each other informed of developments in their respe-
ctive jurisdictions or companies based in that jurisdic-
tion.
5.1.2 In furtherance of this common interest the Agencies are to
, on a regular basis, exchange and provide information in
relation to:
．investigations by the Agencies and research;
．speeches, research papers, journal articles, etc.;
．compliance education programs;
．amendments to relevant legislation;
．human resources development and management.
5.2 Notification of enforcement and related activities
5.2.1 In respect of investigations by the Agencies, each of the
Agencies is to notify the other whenever an investigation,
enforcement or related activity of an agency may affect i-
mportant interests of that other. In respect of investiga-
tions by agencies other than the Agencies, each of the Ag-
encies is to notify the other whenever it becomes aware t-
hat an investigation, enforcement or related activity of
an agency may affect important interests of that other. E-
ach of the Agencies is to, in particular, notify the other
when they make enquiries of persons located in the other's
jurisdiction.
5.2.2 Notifications are to include sufficient information to fa-
cilitate a proper evaluation by the recipient agency of a-
ny effect of such interest and the other agency is free to
follow up with the notifying agency for any further infor-
mation.
5.2.3 A notification in respect of any investigation is to be m-
ade to the Chairperson of the respective party.
5.3 Assistance in enforcement and related activities
5.3.1 The assistance available under this Arrangement includes:
(a) providing access to information in the files of the Req-
uested Agency, including confidential files, except if
provision of such information would breach Clause 4 of
this Arrangement.
(b) in respect of parties appearing on a voluntary basis, p-
reparing witness statements, conducting fromal intervie-
ws and obtaining information and documents on behalf of
the Requesting Agency. Where that assistance cannot be
provided because of the laws governing the Requested Ag-
ency, the Requested Agency is to advise accordingly.
(c) coordination of enforcement activities when the Agencies
agree that would be beneficial in a particular case. In
determining whether a particular enforcement activity s-
hould be coordinated the parties are to take account of
the following:
．effecton resources;
．operational effects;
．efficiency and effectiveness of any joint action;
．impact on the Agencies, economies or citizens.
In any coordination arrangement each agency is to condu-
ct its activities expeditiously and insofar as possible
consistent with the objectives of the other agency.
6.PROCEDURE FOR ASSISTANCE
6.1 Requests for administrative assistance are to be made by the
Requesting Agency through the Chairperson of the Requested
Agency.
6.2 A request for administrative assistance is to include:
．a description of the parties involved in the conduct;
．an outline of the industry characteristics;
．the alleged breach;
．a description of the information sought and the purpose f-
or which it is sought;
．a description of the type of assistance required;
．a suggested time period for reply;
．requirements for confidentiality.
6.3 The Requested Agency is to acknowledge the request for admi-
nistrative assistance, and expeditiously provide that assis-
tance in accordance with its procedures.
7.EXCHANGE OF STAFF
7.1 The Agencies will arrange visits and/or the exchange of sta-
ff as appropriate.
8.AGENCY SUPPORT ACTIVITIES
8.1 The Agencies are to develop cooperative arrangements in rel-
ation to:
．staff development and training,
．information technology, Including direct access to E-mail
systems and non-corporate data base;
．compliance education;
．mutual assistance in legislation;
．assistance in the delivery of documents.
9.AVOIDANCE OF CONFLICT
9.1 Within the framework of its own laws, and to the extent com-
patible with its own interests, each agency is to seek at a-
ll stages in its activities to take into account the import-
ant interests of the other. Where there are any instances w-
here the other's interests may be impinged, urgent and imme-
diate consultation should take place.
10.REVIEW OF ARRANGEMENT
10.1 This Arrangement is to be reviewed annually and an agreed
report prepared on the cooperation and coordination between
the Agencies for each 12 month period. Such a review is to
be undertaken on the anniversary of the signature of this
Arrangement.
10.2 Each agency can terminate this Arrangement with 30 days wr-
itten notice.
This Arrangement will come into effect on the date of sign-
ature.
Signed at Taipei on this 13th day of September 1996, in du-
plicate in the English language.
For the Taipei Economic and For the Australian Commerce and
Cultural Office Industry Office
[Signed] [Signed]
Chien-Hsion Hong Colin Heseltine
Representative Representative