Article I: Purpose
This Agreement between the American Institute in Taiwan (AIT) a-
nd the Coordination Council for North American Affairs (CCNAA),
hereinafter referred to as the " Parties", provides a framework
for technical cooperation between the Parties for the protection
of the environment.
Article II: Scope of Work
A.Technical cooperation activities to be conducted under this A-
greement shall consist of training, temporary assignments of
personnel, information exchange, joint research projects, and
such other activities as the Parties may agree upon. These ac-
tivities shah be conducted in the areas of environmental mana-
gement, risk assessment, pollution prevention, use of market-
based incentives for pollution control, environmental monitor-
ing and assessment, waste management, and such other areas as
the Parties may agree upon.
B.The nature of specific technical cooperation activities to he
conducted under this Agreement shall be determined by the Par-
ties. The Parties shall conclude an implementing arrangement
for each specific technical cooperation activity to be conduc-
ted under this Agreement ("Implementing Arrangement"). Each I-
mplementing Arrangement under this Agreement shall specify: t-
he technical scope of activities; the products and outcomes,
with estimated delivery dates; 'responsibilities of each Party
; estimated budget; method of payment; reporting procedures;
arrangements for the treatment of intellectual property; and
other appropriate matters.
C.All technical cooperation activities undertaken pursuant to s-
pecific Implementing Arrangements under this Agreement shall
be subject to applicable laws and regulations.
D.The Parties shall seek to resolve any dispute or misunderstan-
ding concerning the Agreement through good faith discussions
conducted in a spirit of cooperation.
Article III: Responsibilities of AIT
AIT shall carry out its responsibilities pursuant to this Agree-
ment with due diligence and efficiency.
A.AIT shall keep accurate and systematic accounts and records w-
ith respect to the activities undertaken by AIT pursuant to t-
his Agreement, and shall permit CCNAA or the Environmental Pr-
otection Administration in Taipei (EPAT) to inspect such acco-
unts and records and make copies thereof during ordinary busi-
ness hours.
B.AIT shall furnish to CCNAA or to EPAT such information related
to the activities under-taken by AIT pursuant to this Agreeme-
nt as may reasonably be requested.
C.Upon completion of the activities undertaken by AIT pursuant
to this Agreement, AIT shall deliver, upon request, to CCNAA
or to EPAT all reports, calculations, comments, suggestions,
and relevant technical data compiled or prepared by or for AIT
.
Article TV: Responsibilities of CCNAA
CCNAA shall carry out its responsibilities pursuant to this Agr-
eement with due diligence and efficiency.
A.CCNAA shall provide such administrative, financial and other
support as set out in the relevant Implementing Arrangement,
this Agreement or otherwise agreed upon by the Parties in adv-
ance to AIT in undertaking activities that are agreed upon by
the Parties pursuant to this Agreement.
B.CCNAA shall assist AIT in obtaining the necessary visas and o-
ther travel documents for all personnel identified by AIT as
carrying out the terms of this Agreement.
C.CCNAA shall assist AIT in obtaining the necessary permits and
authorizations (including access to facilities and areas under
the jurisdiction of EPAT) for all personnel identified by AIT
as carrying out the terms of this Agreement.
D.CCNAA shall ensure that all imported items identified by AIT
and accepted by CCNAA as carrying out the terms of this Agree-
ment are held free and clear of all customs duties and taxes
in territories represented by CCNM in accordance with the ter-
ms of the Agreement on Privileges, Exemptions and Immunities
between CCNAA and AIT, signed on October 2, 1980. A list of i-
mported items for each Implementing Arrangement must be provi-
ded to EPAT in advance according to required procedures.
Article V: Financial Arrangements
A.CCNAA shall pay all costs associated with activities undertak-
en by AIT and under each Implementing Arrangement to this Agr-
eement, unless otherwise specified therein.
B.Each Implementing arrangement under this Agreement shall incl-
ude an estimated budget for at least the first year of activi-
ty. The Parties may amend the budget during the term of the a-
ctivity.
C.For activities agreed upon by the Parties under each Implemen-
ting Arrangement to this Agreement, unless otherwise specified
therein, CCNAA shall, within two moths after the signing of t-
he relevant Implementing Arrangement, advance to AIT the budg-
eted amount for payment of the costs associated with the acti-
vities set out in the relevant Implementing Arrangement.
D.AIT shall provide CCNAA with documentation supporting requests
for payment in accordance with applicable rules and/or regula-
tions.
E.Funds received by AIT under the terms of paragraph A of this
Article for each Implementing Arrangement that have not been
expended at the termination of such Implementing Arrangement
or of this Agreement after all covered costs have been met, s-
hall be remitted to CCNAA.
Article VI: Intellectual Property Considerations
A.The parties support the widest possible dissemination of info-
rmation provided, exchanged, or arising under this Agreement
subject to the need to protect relevant pre-existing propriet-
ary information and intellectual property rights.
B.Details concerning intellectual property considerations shall
be specified in each Implementing Arrangement to this Agreeme-
nt.
C.Information transmitted by either Party to the other Party sh-
all be accurate to the best of the transmitting Party's knowl-
edge and belief, but the transmitting Party does not warrant
the suitability of the information transmitted for any partic-
ular use or application by the receiving Party or by any third
party.
D.Information developed jointly by the Parties shall be accurate
to the best of both Parties knowledge and belief. Neither Par-
ty warrants the accuracy of the jointly developed information
or its suitability for any particular use or application by e-
ither Party or by any third party.
Article VII: Relationship to Other Agreements
The obligation of the Parties to carry out this Agreement is co-
ntingent upon the entry into force of the Agreement between the
Environmental Protection Agency of the United States of America
and AIT for Technical Cooperation in the Field of Environmental
Protection. Upon its execution and entry into force, this Agree-
ment shall replace the "Guidelines for a Cooperative Program in
Environmental Protection Between AIT and CCNAA, dated October 18
, 1990 (the "Guidelines"). Activities commenced under the guide-
lines and not completed or terminated as of the date of entry i-
nto force, of this Agreement shall continue under this Agreement
. Otherwise, nothing in this Agreement shall be construed to pr-
ejudice other existing or future agreements concluded between A-
IT and CCNAA.
Article VIII: Entry Into Force, Amendment and Termination
Subject to the provisions of Article VIII, this Agreement shall
enter into force on the date of the last signature hereinafter,
shall remain in force for five years, and may be extended or am-
ended by written agreement of the Parties. This Agreement may be
terminated by either Party upon six months written notice to the
other Party. The termination of the Agreement shall not affect
the validity or duration of activities agreed upon pursuant to
the Agreement and initiated prior to such termination.
IN WITNESS WHEREOF, the undersigned, being duly authorized, have
signed this Agreement.
DONE at Washington, D.C., in duplicate, in the English language.
FOR THE AMERICAN INSTITUTE FOR THE COORDINATION
IN TAIWAN: COUNCIL FOR NORTH AMERICAN
[Signed] AFFAIRS:
Natale H. Bellocchi [Signed]
Chairman of the Board Mou-Shin Ding
and Managing Director Representative
June 21, 1993 June21,1993