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法規名稱: AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF CHINA (TAIWAN) AND THE GOVERNMENT OF THE KINGDOM OF SWAZILAND ON COOPERATION IN INFORMATION AND COMMUNICATION TECHNOLOGY (ICT)
簽訂日期: 民國 104 年 12 月 11 日
生效日期: 民國 104 年 12 月 11 日
簽約國: 非洲地區 > 史瓦帝尼(原史瓦濟蘭)
沿革:
1.Signed on December 11, 2015 Entered into force on December 11, 2015

 
The Government of the Republic of China (Taiwan) and the
Government of the Kingdom of Swaziland (hereinafter referred to
as the “ Parties ” ),

Desiring to strengthen their existing cordial relations and to
promote cooperation in the area of information and communication
technology (hereinafter referred to as “ ICT ” ),

Have agreed as follows:

ARTICLE 1
Objectives
The Parties recognize the importance of utilizing ICT to enhance
government efficiency, to improve people ’ s competitiveness
and to further advance national sustainable development. Under
this common understanding, the Parties will cooperate in ICT,
with the Government of the Republic of China (Taiwan) applying
its advanced ICT abilities to assist the Government of the
Kingdom of Swaziland in promoting the level of digitalization
and in establishing an information society.

ARTICLE 2
Scope of Agreement
This Agreement establishes a basic framework within which the
Parties agree to cooperate in the field of ICT to achieve the
stated objectives. This Agreement also defines the areas of
cooperation; the institutional aspects of the partnership; the
content of projects; a structure for future cooperation; and
general conditions that shall govern the projects under this
Agreement.

ARTICLE 3
Areas of Cooperation
The Parties have identified the following areas of cooperation
in ICT:
3.1 E-government and E-governance:
An ICT cooperative project for the public sector shall be
planned and implemented by taking into consideration the
needs of the Government of the Kingdom of Swaziland. Related
policy consultation and assistance in formulating
corresponding laws and regulations will also be provided.
3.2 Digital capacity building, education and training:
ICT education and training related to the above-mentioned
areas of cooperation shall be conducted to improve the
quality of human resources.

ARTICLE 4
Project
The parties shall commence their cooperation on the
implementation of the Electronic Documents And Records
Management System (EDRMS)
4.1 Project Content:
The specific content of the project shall be determined by
an exchange of letters between the Parties.
4.2 Project Team:
The Parties shall establish a project team to implement the
preparation, structuring, implementation and monitoring of
the above-mentioned project.
4.3 Capacity Building:
The Government of the Republic of China (Taiwan) shall host
relevant training to assist the Government of the Kingdom of
Swaziland in improving the human resources of the project
team members and stakeholders.
4.4 Project Funding:
Funding of the project shall be discussed and coordinated by
the Parties based on the actual progress of implementation.
4.5 Executive Unit:
The project shall be carried out by the International
Cooperation and Development Fund (hereinafter referred to as
the “ Taiwan ICDF ” )as commissioned by the Government of
the Republic of China (Taiwan), and shall be supervised by
the Embassy of the Republic of China (Taiwan) to the Kingdom
of Swaziland. The Government of the Kingdom of Swaziland
shall designate a department as a supporting executive unit
to facilitate the progress of the various project tasks.
4.6 Future Projects:
4.6 (a) The Government of the Kingdom of Swaziland may propose
any future projects to the Government of the Republic of
China (Taiwan), and the Government of the Republic of
China (Taiwan) will then commission the Taiwan ICDF to
handle project appraisal.
4.6 (b) Any subsequent agreement that is required for a future
project shall be done by an exchange of notes detailing
the project ’ s conditions and the obligations of the
Parties.
4.6 (c) The terms concerning rights and obligations set out in
this Agreement shall apply to any such future projects.

ARTICLE 5
Obligations of the Parties
5.1 The Government of the Republic of China (Taiwan) Shall:
5.1 (a) Dispatch a project manager, and long and short-term
experts and technicians with an ICT background
(hereinafter referred to as the “ Project Personnel ”
)to the Kingdom of Swaziland to carry out the described
objectives;
5.1 (b) Defray the travel costs of the Project Personnel between
the Republic of China (Taiwan) and the Kingdom of
Swaziland, as well as the salaries and expenses of the
Project Personnel during their service in the Kingdom of
Swaziland;
5.1 (c) Pay the official, work-related expenses of the Project
Personnel in the Kingdom of Swaziland, including for
machinery, equipment, administrative expenses, travel
allowance, insurance and medical costs.
5.2 The Government of the Kingdom of Swaziland Shall:
5.2 (a) Authorize and designate a project officer to plan and
coordinate inter-ministerial cooperation, and also host
the relevant project activities;
5.2 (b) Issue appropriate identification cards to the Project
Personnel to facilitate their work, and also make
emergency medical care and first aid readily available
to the Project Personnel;
5.2 (c) Provide a government office as the project office, which
shall have the following components: security, backup
electricity, an uninterruptable power supply, and
maintenance services (only for project use).
5.2 (d) Provide housing with appropriate furniture, water and
electricity for the Project Personnel, and;
5.2 (e) Assume responsibility for operations and maintenance
upon the completion of projects.

ARTICLE 6
Exemptions
The Government of the Kingdom of Swaziland shall grant the
following favorable treatment during the implementation of
projects under this Agreement:
6.1 Exemption from customs duties, taxes and other charges on
all equipment, materials and supplies imported into the
Kingdom of Swaziland for projects.
6.2 Convenience for the Project Personnel ’ s entry to,
departure from, and residence in the Kingdom of Swaziland
during their service, and exemption from customs duties,
taxes and other charges on their personal and household
effects brought into the Kingdom of Swaziland within six
months of first arrival for their own use.
6.3 Exemption from customs duties, taxes and other charges on
vehicles for the Project Personnel ’ s own personal use
(one vehicle per person).
6.4 Exemption from income tax and other charges on the salaries
and allowances earned from abroad by the Project Personnel
for work related to projects during their service in the
Kingdom of Swaziland.
6.5 Privileges, exemptions and other treatment to the Project
Personnel and their properties no less favorable than that
accorded to personnel of other international missions
residing and performing similar activities in the territory
of the Kingdom of Swaziland.

ARTICLE 7
Disposal of Project Income
The income generated from projects under this Agreement shall be
owned by the Government of the Kingdom of Swaziland, and shall
be deposited and monitored in a specific account approved by the
Parties. The handling of the account will comply with the
management rules and regulations drawn up by the Parties. The
income generated from projects, apart from being used to
supplement existing projects, may be used flexibly for the
development of new projects as agreed by the Parties.

ARTICLE 8
Confidentiality
The personnel appointed by either party to participate in the
projects under this Agreement shall not disclose any information
relating to such projects without the prior written approval of
the other party.

ARTICLE 9
Restrictions on Use of Information
The dissemination and utilization of information, and management
and exercise of intellectual property rights, related to the
projects under this Agreement, shall be governed by separate
agreements.

ARTICLE 10
Notification
The Parties shall exchange contact lists in order that the
Parties can communicate on important matters and deliver
information with respect to this Agreement accordingly. Either
party shall inform the other party with a written notice in the
event that any changes to the list are made.

ARTICLE 11
Term and Extension
This Agreement shall enter into force on the date of signature
and remain effective for five years. The Parties shall review
the performance of the projects under this Agreement one year
before the Agreement expires to decide whether to extend the
duration of this Agreement pursuant to the results of the
review. The extension of this Agreement shall be done by mutual
written consent of the Parties.

ARTICLE 12
Amendments
Any amendment or revision to this Agreement shall be done by an
exchange of notes and shall be agreed to in writing by both
Parties.

ARTICLE 13
Termination
13.1 Either party may terminate this Agreement by giving ninety
(90) days ’ prior written notice to the other party;
however, the Parties shall attempt to reach an agreement on
the termination date, thereby allowing the smooth
progression of the termination of the project and the
recall of the Project Personnel.
13.2 The confidentiality obligation of this Agreement shall not
become invalid following either the termination or expiry
of this Agreement.

ARTICLE 14
Other Provisions
All disputes arising out of or in connection with this
Agreement, or matters not being included in this Agreement,
shall be settled or negotiated by the Parties in good faith.

IN WITNESS WHEREOF, the undersigned, being duly authorized
thereto by their respective Governments, have signed this
Agreement.

Done in duplicate in the Chinese and English languages, both
texts being equally authentic, at Mbabane City on the 11th day
of the 12th month of the one hundred and fourth year of the
Republic of China (Taiwan), corresponding to the 11th day of
December of the year of two thousand and fifteen of the
Gregorian calendar.


For the Government of For the Government of
the Republic of China the Kingdom of
(Taiwan) Swaziland

__________________ __________________
Thomas J. C. Chen Dumisani C.
Ndlangamandla

Ambassador to the Minister of
Kingdom of Swaziland Information,
Communications and
Technology
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