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法規名稱: ARRANGEMENT BETWEEN THE TAIPEI ECONOMIC AND CULTURAL OFFICE IN NEW ZEALAND AND THE NEW ZEALAND COMMERCE AND INDUSTRY OFFICE, TAIPEI CONCERNING COOPERATION IN THE REGULATION OF SPAM
簽訂日期: 民國 105 年 12 月 12 日
生效日期: 民國 105 年 12 月 12 日
簽約國: 亞太地區 > 紐西蘭
沿革:
1.Signed on December 12, 2016 Entered into force on December 12, 2016

 
The Taipei Economic and Cultural Office in New Zealand and the
New Zealand Commerce and Industry Office, Taipei (hereinafter
referred to as the "Signatories") have reached the following
understandings:
1. Competent Authorities
1.1 The National Communications Commission (NCC) is the
competent authority for spam (unsolicited commercial emails)
prevention in accordance with the policy of the Executive
Yuan in Taiwan.
1.2 The New Zealand Department of Internal Affairs (the
“Department”), is responsible for the enforcement of the
Unsolicited Electronic Messages Act 2007, in accordance with
section 20 of that Act. The Unsolicited Electronic Messages
Act, among other things, prohibits the sending of
unsolicited commercial electronic messages with a New
Zealand link, and specifies requirements for the sending of
commercial electronic messages.
2. Background
2.1 The information and communications technology sector drives
social, economic and environmental development and helps
realise productivity and service delivery improvements in
all sectors of Taiwan and New Zealand. However the rise in
large volumes of spam (unsolicited commercial electronic
messages) impairs the infrastructure and viability of the
information and communication technology sectors, and is a
significant social, economic and environmental issue.
2.2 The Signatories recognise that mutual cooperation is
desirable to assist in the discharge of their respective
functions to regulate spam in Taiwan and New Zealand, and
may minimise the amount of spam flowing between Taiwan and
New Zealand.
3. Statement of Determination
3.1 This Arrangement is decided by the Signatories to provide
mutual assistance to and cooperate with the other Signatory.
4. Focus of Cooperation
4.1 The purpose of this Arrangement is that the Signatories will
collaborate on the regulation of spam, while recognising the
legal, policy and administrative limits of each Signatory to
do so.
4.2 Pursuant to this Arrangement, the Signatories will
particularly:
(a) cooperate in minimising spam originating in and being sent
to end-users in Taiwan or New Zealand; and
(b) cooperate in the exchange of information relating to spam
in accordance with the relevant laws and regulations in
Taiwan and New Zealand and on the basis of equality,
reciprocity and mutual benefit.
5. Scope of Cooperation
5.1 The Signatories will promote cooperation in all spheres of
activity defined by this Arrangement in order to derive
maximum benefits for both Taiwan and New Zealand.
5.2 The Signatories have identified areas of common interest for
cooperation including, but not limited to, the encouragement
of:
(a) the exchange of information about policies and strategies
for establishing and enforcing anti-spam regulatory
frameworks;
(b) the exchange of information and strategies about the
effective use of regulation policies;
(c) the exchange of intelligence, relating to the other
country, gathered as a result of enforcement or
investigations; and
(d) industry collaboration.
6. Forms of Cooperation
6.1 Cooperation between the Signatories in the field of
regulating spam may take the following forms:
(a) exchange of information on spam, and establishment of
channels for exchange of information as appropriate;
(b) exchange of delegations and visits as appropriate;
(c) encouragement of liaison between industry and nominated
organisations to promote areas of interest and cooperation;
and
(d) other forms of cooperation arranged by the Signatories.
7. Designated Representative
7.1 In order to coordinate cooperative activities, each
Signatory will appoint a representative to be responsible
for determining the particular directions of cooperation and
for ensuring the effectiveness of all cooperation and
exchange activities.
7.2 The representatives of the Signatories, or their designated
coordinators, will consult with each other through the
channel specified by the Signatories, to define activities
and other related matters.
8. Information Exchange
8.1 A Signatory may request information or documents or
assistance, with regards to matters set out in this
Arrangement. The information exchange will be in English.
8.2 All requests for documents or information will be made in
writing, and unless decided otherwise, be confirmed in
writing within a reasonable period and include the
information set out in 8.3.
8.3 The requesting Signatory will ensure that a request for
documents or information will include the following details:
(a) a description of the subject matter of the request;
(b) the purpose for which the information is required;
(c) a description of the information or documents required;
(d) a suggested time period for reply and if appropriate, the
urgency of the request; and
(e) any requirements for confidentiality in respect of the
request.
8.4 The requested Signatory will consider each request on a
case-by-case basis to determine whether the request will be
complied with under the terms of this Arrangement.
8.5 The requested Signatory will use its best endeavours to
advise the requesting Signatory, as to its decision on the
request and a time frame for responding to the request,
provided that:
(a) where the requested Signatory requires the consent of a
person, or is required to advise a person of the request
before complying with such a request, the requested
Signatory will advise the requesting Signatory of this fact
before contacting that person; or
(b) where the request cannot be complied with completely, the
requested Signatory may at its discretion consider whether
there may be other assistance that may be given, or whether
another person within its jurisdiction may be able to
assist the requesting Signatory.
8.6 The requested Signatory may provide information or documents
to the requesting Signatory subject to the following
conditions:
(a) with written restrictions or limitations as to the use,
access or storage of the requested information or
documents;
(b) any confidentiality requirements relating to the
information or documents provided, which may include
releasing the information subject to an undertaking of
confidentiality being provided; and
(c) such other conditions as the requested Signatory considers
appropriate.
8.7 The requesting Signatory will use the documents or
information provided pursuant to this Arrangement solely for
the purposes stated in the request.
9. Funding and Resources
9.1 The cooperative activities carried out under this
Arrangement will be subject to the availability of funds and
resources of the Signatories and unless otherwise jointly
decided, each Signatory is responsible for funding and
resourcing its own activities.
10. Confidential Information
10.1 The Signatories will take every precaution to keep
confidential all requests for information or assistance
made under this Arrangement including the content of such
requests and other matters arising from consultation about
that request.
10.2 The Signatories will take every precaution to keep all
information or documents received pursuant to this
Arrangement confidential if requested to do so by the other
Signatory, except as and to the extent authorised by the
originating Signatory, or unless a law (including a court
order) requires disclosure of the documents or information.
10.3 Where a law or court order requires disclosure of
information or documents, the requesting Signatory will,
wherever possible, give prior written notification to the
other Signatory before such a disclosure is made and the
Signatories will consult as to the response and any
appropriate action.
10.4 These obligations continue following termination of this
Arrangement.
11. Commencement and Termination
11.1 This Arrangement will come into effect on the date of its
signature by the Signatories.
11.2 The Arrangement will remain in effect for five (5) years,
unless earlier terminated by either Signatory giving six
(6) months prior notice in writing to the other Signatory.
11.3 Notwithstanding termination of this Arrangement, activities
being undertaken pursuant to this Arrangement immediately
before its termination will continue to be governed by this
Arrangement until their completion, unless the Signatories
mutually decide otherwise.
12. Review and Amendment

12.1 The Signatories will keep the operation of this Arrangement
under periodic review and will consult with a view to
improving its operation or making amendments to give effect
to this Arrangement.
12.2 This Arrangement may be amended by the Signatories ’
mutual written consent, and at the request of either
Signatory.

SIGNED at Taipei, on the 12th day of December, 2016, in
duplicate in the English language.


For the Taipei For the New Zealand
Economic and Cultural Commerce and
Office in New Zealand Industry Office, Taipei

Signature: …………… Signature: ……………
Name: 吳建國 Name: Sialei van Toor

Title: TECO Director Title: NZCIO Director
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