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

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1.Signed on June 22, 2015 Entered into force on August 03, 2016
 
The Government of the Republic of China and the Government of
Papua New Guinea, hereinafter referred to as the “ Participants
”.

DESIRING to further enhance the existing friendly and
cooperative relations between the Republic of China and the
Government of Papua New Guinea on the basis of the principles of
equality, mutual benefit and mutual respect;

RECOGNIZING the benefits which can be derived by their
respective peoples from the implementation of this MOU, on the
basis of the principles of equality, respect for each other ’ s
independence and mutual benefit;

RECALLING the provisions of the 1982 United Nations Convention
on the Law of the Sea (UNCLOS); the UN Fish Stocks Agreement and
the Western and Central Pacific Fisheries Convention on the
Conservation of Highly Migratory Species; and

COGNIZANT of the need to ensure sustainable development through
conservation and management of fishery resources;

Have decided as follows:

Article I
GENERAL PROVISONS
1. The Participants will promote mutual cooperation in the
development of the fishing industries of both countries
pursuant to their respective laws.
2. The Participants will, consistent with their domestic laws
and without prejudice to their respective international legal
obligations, promote sustainable use of fishery resources.
3. The Participants will share information on fishing activities
of vessels of each Participant in their respective waters and
ports with a view to combat and eliminate Illegal, Unreported
and Unregulated (IUU) fishing through the transparent
implementation of the Vessel Day Scheme (VDS).

Article II
AREAS OF COOPERATION
1. For the purposes of this MOU, the Participants will explore
areas of cooperation, to include but not limited to the
following:
i. promotion of fishing ventures in the Participants waters
in accordance with domestic laws, regulations and
applicable international legal obligations;
ii. promotion of aquaculture/mariculture investment,
research, development and training;
iii. post-harvest, fish processing development and marketing
including training;
iv. joint research activities including exchange of
expertise;
v. joint fisheries conservation and management activities;
vi. combating Illegal, Unregulated and Unreported fishing
practices;
vii. exchange of fisheries-related data and information
between respective competent authorities, including VDS
data generated through FIMS and other relevant tools, as
well as transhipment and landing activities in the other
Participant ’ s waters and ports;
viii. cooperation between competent authorities on compliance
with requirements of market States including EU ’ s EC
1005/2008 IUU Regulation and EU sanitary and
phytosanitary standards;
ix. ecosystem-based approach to fisheries management;
x. cooperation in areas of fisheries trade and promotion;
xi. working cooperatively within global, regional and
subregional organizations and arrangements in which they
both participate for promotion of the goals and
objectives set forth in the instruments; and
xii. working cooperatively, to the extent possible, to
facilitate the settlement of dispute arising from access
agreements, investments and joint ventures reached
between the private sectors and government authorities
for the mutual benefits of the Participants.
2. The guidelines for exploring, developing, and implementing
the above-cited areas of cooperation will be embodied in
separate subsidiary memorandum of understandings in
accordance with the provisions of this Memorandum of
Understanding. It is understood that nothing in this
Memorandum of Understanding would affect the rights,
privileges and obligations applied to existing investments
and joint ventures or fishing licenses issued.

Article III
IMPLEMENTING AUTHORITIES
1. Implementing authorities of this MOU will be as follows:
For the Government of the Republic of China, the Fisheries
Agency of the Council of Agriculture
For the Government of the Independent State of Papua New
Guinea, the National Fisheries Authority
2. In order to implement this MOU, the Participants will
designate point of contacts from the aforementioned
implementing authorities and exchange their contact details
on the date of signing. Where necessary, an interim meeting
may be held subject to mutual consensus between the
Participants through diplomatic channels or designated point
of contacts.
3. The implementing authorities will be responsible for mutually
monitoring and evaluating activities done by designated
personnel under this MOU.

Article IV
MEETINGS
1. In case of interim meetings in accordance with paragraph 2 of
Article III, expenses to be accrued from the meeting
participation shall be borne by the respective Participants.
2. Representatives of the sending Participant will observe the
laws and regulations in force in the host country.
3. This MOU will not limit national sovereignty, or the right of
either Participant to adopt or execute measures necessary to
uphold public health, morals, public order or security in
consultation with the host Participant.

Article V
CONFIDENTIALITY
1. The Participant will ensure the confidentiality of the data
and information provided under this MOU.
2. Matters pertaining to intellectual property rights that may
arise from an activity undertaken under this MOU will be
determined and accepted by the Participants prior to the
activity ’ s implementation.

Article VI
DISPUTE SETTLEMENT
Any dispute arising out of the interpretation, application or
implementation of this MOU will be settled amicably through
consultation, or negotiation through diplomatic channels of the
Participants.

Article VII
ENTRY INTO OPERATION
This MOU will enter into operation on the date of the later
notification by the Participants through diplomatic channels
indicating that the domestic requirements for entry into
operation have been completed.

Article VIII
REVIEW AND AMENDMENT
This MOU may be reviewed and amended upon mutual consent by the
Participants. The amendment(s) will enter into operation in
accordance with the provisions on entry into operation.

Article IX
DURATION AND TERMINATION
This MOU will remain in operation for the period of three (3)
years and will be automatically renewed unless either
Participant terminates it in writing, through diplomatic
channels, by giving six (6) month notice before the expiration
of its validity. The termination of this MOU is without
prejudice to on-going activities.

IN WITNESS WHEREOF, the undersigned, being duly authorized by
their respective Governments, have signed this Memorandum of
Understanding.

Done in duplicate at Kaohsiung on this 22 day of June, 2015 in
the English language.


FOR THE FOR THE
GOVERNMENT OF GOVERNMENT OF
THE REPUBLIC OF THE INDEPENDENT
CHINA STATE OF PAPUA
NEW GUINEA

……………………… ………………………
MR. TZU-YAW TSAY MR. JOHN EDWARD KASU

Director-General Managing Director
Fisheries Agency of the National Fisheries
Council of Agriculture Authority

Witnessed by

……………………… ………………………
MR. CHIH-I SHA MR. JEROME TIOTI

Deputy Minister International Fisheries
Council of Agriculture Liaison coordinator
National Fisheries
Authority
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