In recognition of good relations existing between the Republic
of China (Taiwan) and Kingdom of Swaziland (Swaziland) and of
the mutual desire to develop closer relationship, a Memorandum
of Understanding (MoU) is reached between the Bureau of
Standards, Metrology and Inspection (BSMI), Ministry of Economic
Affairs (MOEA), and the Regulatory and Quality Infrastructure
Development Department (RQID), Ministry of Commerce, Industry
and Trade (MCIT), (hereinafter referred to as “ the Parties ”
)to facilitate transfer of technical knowledge, advice and
skills in areas of standardization, metrology and conformity
assessment.
Believing that the cooperation will enhance mutual understanding
and facilitate trade in goods between both countries, the
Parties have agreed that:
ARTICLE 1
PRINCIPLES AND OBJECTIVES
The Parties will cooperate in a spirit of trust and confidence
and to implement this MoU with the principles and objectives of:
1. Eliminating technical barriers to trade and promoting
economic relations between Taiwan and Swaziland; and
2. Developing cooperation in the fields of capacity building of
quality infrastructure related to industrial products, in
particular standardization, metrology, technical competence
of conformity assessment bodies and accreditation system, as
well as areas of mutual interest.
ARTICLE 2
SCOPE
Cooperation between the Parties will be carried on through the
following ways:
1. To exchange delegations to study, share experience, conduct
consultations and train specialists on mutually agreed
technical cooperation programs;
2. To provide information on any significant changes to the
regulatory requirements under the jurisdictions of the
Parties that would create impact on goods traded between the
Parties;
3. To promote and develop direct relationship between conformity
assessment bodies or scientific and research institutes of
both Parties in the fields of standardization, laboratories,
metrology, calibration, and conformity assessment procedures;
and
4. To organize activities concerning the development of quality
infrastructure to enhance the capability and competitiveness
of conformity assessment bodies.
ARTICLE 3
TECHNICAL COOPERATION PROGRAMS
1. The Parties agree to cooperate in the following aspects:
(1) Various standardization activities, including information
exchange and standards development;
(2) Training of technical personnel on the good practices of
testing and calibration laboratories, measurement and legal
metrology, product and management systems certification,
accreditation, etc.;
(3) Consultations on developing regulatory framework for
consumer products; and
(4) Provision of inspection or technical services for products
to be exported.
2. Needs identified by RQID for technical cooperation shall be
communicated to the BSMI through contact points designated by
each Party. The technical cooperation programs shall be
coordinated in advance and agreed upon by both Parties.
3. Cooperation activities under this MoU shall be subject to and
dependent upon the availability of appropriate funds,
personnel and resources. Neither Party is obliged to provide
funds pursuant to this MoU. Any financial arrangements shall
be negotiated on a case by case basis, as permitted by
relevant laws and regulations.
4. The technical cooperation programs delivered under this
Article shall be reviewed to determine whether the identified
needs are addressed satisfactorily.
ARTICLE 4
RELEVENT IMPLEMENTING ORGANIZATIONS
With a view to implementing technical cooperation programs
mentioned in Article 3, the Parties may coordinate participation
or resources from relevant expert agencies or organizations
depending on the specific area of interest. Such expert agencies
or organizations may include, but are not limited to, the Taiwan
Accreditation Foundation (TAF), Center for Measurement Standards
of Industrial Technology Research Institute (CMS/ITRI) on Taiwan
side, and Weights and Measures Section under the MCIT and
Swaziland Standards Authority (SWASA) on Swaziland side.
ARTICLE 5
CONFIDENTIALITY
The Parties shall ensure confidentiality concerning documents
and information received within the framework of this MoU. This
information can only be transferred to a third Party after
gaining the written consent of the Party that provided the
information.
ARTICLE 6
FORCE MAJEURE
1. Any delay in or failure in the implementation of this MoU by
either Party shall not constitute default by such Party or
give rise to any claim for damages against it if such delay
or failure of performance is caused by Force Majeure.
2. The Party affected by the Force Majeure Event shall notify
the other Party without delay and shall advise the other
Party as to the extent and presumable duration of the Force
Majeure Event; and the time for the performance of that
obligation shall be extended accordingly.
ARTICLE 7
DISPUTE RESOLUTION
The Parties agree that they shall use their best endeavor to
settle any dispute or difference of opinion between them,
arising from or connected with this MoU, amicably through mutual
discussions and negotiations. Such negotiations shall be
conducted in good faith.
ARTICLE 8
VALIDITY AND TERMINATION
1. This MoU shall be valid for a period of two years from the
date of signature and shall be automatically extended every
two years unless otherwise terminated.
2. Either Party may terminate this MoU by providing the other
Party with a written notice at least six months in advance.
3. Any amendment and/or revision to this MoU shall be mutually
agreed upon by the Parties in writing.
IN WITNESS WHEREOF, the undersigned, being duly authorized
thereto, have signed this Memorandum of Understanding.
Done in duplicate at Mbabane, Swaziland, this 19th day of
January, two thousand seventeenth, in the Chinese and English
languages, both texts being equally authentic.
For the Bureau of For the Regulatory and
Standards, Metrology Quality Infrastructure
and Inspection, Development
Ministry of Economic Department, Ministry
Affairs, Republic of of Commerce, Industry
China (Taiwan) and Trade, Kingdom of
Swaziland
__________________ __________________
Dr. Ming-Jong Liou Siboniso Nkambule
Director General Acting Principal
Secretary