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Laws & Regulations Database of The Republic of China (Taiwan)

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1.Signed on September 13, 2018 and August 28, 2018 Entered into force on May 07, 2018
 
The National Communications Commission, the Republic of China
(Taiwan) and the Korea Communications Standards Commission, the
Republic of Korea, (hereinafter referred to as "the
Participants"),

Recognizing that the challenges and opportunities presented in a
rapidly changing broadcasting and communications environment,
including the accelerated evolution of media convergence, should
be addressed in a timely and effective manner,

Considering the need for mutual cooperation between the
Participants to protect their domestic audience and users from
harmful content in the new media, in which national boundaries
are unable to filter out or limit access to such content located
overseas,

Desiring, therefore, to establish an effective working
relationship and to strengthen the mutual cooperation for a
safer broadcasting and communications environment,

Have reached the following understanding:

Article 1
OBJECTIVE
The main objective of this Memorandum of Understanding (MOU) is
to allow the Participants to engage in consultations about
matters of mutual interest and to facilitate the exchange of
information between the Participants, as well as to further
enhance cooperation and effectiveness in developing cooperative
mechanisms for each Participant to promote media environment in
the respective country.

Article 2
COOPERATIVE ACTIVITIES
(a) Cooperation under this MOU may include the following
activities in the field of broadcasting and communications
provided that such cooperation comes within both
Participants ’ areas of competence:
(i) formalization of cooperative relationships between the
Participants as equal partners based on mutual interest
and trust;
(ii) facilitation of cooperation in the exchange of
information relevant to general statutory functions and
duties of each Participant;
(iii) establishment and improvement of communication channels
between the Participants;
(iv) facilitation of mutual visits and exchange of experts,
staff and delegations between the Participants;
(v) enhancement of cooperation with other organizations in
the field of media that may assist the Participants in
performing their functions;
(vi) co-organization of conferences, campaigns and other
events that facilitate a communication environment
conducive to both Participants.
(b) This MOU is limited in scope to the statutory functions of
each Participant in relation to broadcasting and
communications matters under their respective jurisdictions.

Article 3
COMMUNICATIONS
(a) In order to facilitate and comply with the cooperative
activities stated above, the Participants will intensify the
communication with one another, and designate at least one
liaison person from their respective country for the purpose
of such cooperation.
(b) Electronic means, including the Internet and e-mail, fax,
and telephone, will be the primary means of communication
between the Participants.

Article 4
CONFIDENTIALITY
(a) The Participants shall use the information and knowledge
shared or obtained in the course of the activities carried
out under this MOU, solely for the purpose of implementing
the objectives of this MOU.
(b) Neither Participant shall disclose, provide nor allow third
parties access to any of information provided or
communicated in confidence by the disclosing Participant,
except for and to the extent authorized in writing by the
disclosing Participant.
(c) Article 4(a) and 4(b) shall apply to all information and
knowledge shared or obtained under this MOU, notwithstanding
anything to the contrary in other agreements or memoranda of
understanding signed between the Participants.
(d) Ownership of confidential information, including any
documents, files, materials and other items containing
confidential information disclosed by the disclosing
Participant, shall remain with the disclosing Participant.
(e) At the disclosing Participant ’ s written request, the
receiving Participant shall return immediately to the
disclosing Participant all documents, files, materials and
other items, including any copies made of such documents,
files, materials and other items, in its possession that
contain confidential information which the receiving
Participant obtained under this MOU; the receiving
Participant shall not make any further use or disclosure of
such confidential information.

Article 5
GENERAL PROVISIONS
(a) This MOU does not modify or supersede any laws in force in,
or applied to each Participant or to their respective
country.
(b) The cost derived from cooperation activities will be shared
by the Participants in a manner jointly agreed and decided
upon. Without further decision, each Participant will bear
in full its own costs incurred for any activities under this
MOU.
(c) Without prejudice to any other arrangement between the
Participants, the ownership of all intellectual property
rights in any materials or items developed or shared by the
Participants for the purpose of this MOU will remain vested
in the respective Participant who develops or owns the same.

Article 6
FINAL PROVISIONS
(a) This MOU shall take effect on 7 May 2018 and remain in force
until terminated by either Participant giving a thirty (30)
days ’ written notification to the other Participant. The
termination of this MOU shall not affect any ongoing
activities or programs carried out under this MOU.
(b) The provisions of this MOU may be amended in writing by the
Participants. Any such amendment shall come into effect on a
date agreed upon by the Participants, and shall be
considered an integral part of this MOU.
(c) Any disagreement or dispute arising out of the
interpretation, implementation or application of this MOU
will be settled amicably by mutual consultations or
negotiations between the Participants without reference to
any third party or international tribunal.


Signed in duplicate in the English language.


For the National For the Korea
Communications Communications
Commission(NCC) Standards
the Republic of China Commission(KCSC)
(Taiwan) the Republic of Korea
__________________ __________________
Chan, Ting-I Kang, Sang-Hyun
Chairperson Chairperson

Date: 2018.8.28 Date: 2018.9.13
____________ __________________
Place: Taipei, R.O.C. Place: Seoul, Republic
________________ ______________________
(Taiwan) of Korea
Web site:Laws & Regulations Database of The Republic of China (Taiwan)