沿革:
1.Signed on June 15 and June 01, 2015
Entered into force on June 15, 2015
THIS MEMORANDUM OF UNDERSTANDING is made
BETWEEN
The BUREAU OF STANDARDS, METROLOGY AND INSPECTION (BSMI), the
national authority responsible for standardization, metrology
and product inspection in Taiwan having its principal place of
business at 4, Section 1, Chinan Road, Taipei 100, Republic of
China (Taiwan) (hereinafter referred to as the “ BSMI ” );
AND
STANDARDS ORGANISATION OF NIGERIA, the national standards body
of the Federal Republic of Nigeria having its principal place of
business at 52, Lome Crescent Wuse Zone 7 Abuja (hereinafter
referred to as “ SON ” ).
The BSMI and SON are hereinafter jointly referred to as the “
Parties ” and individually referred to as a “ Party ”.
WHEREAS
The BSMI is the national body in Taiwan established by the
Organisation Act of Bureau of Standards, Metrology and
Inspection, Ministry of Economic Affairs, 1998. It is
responsible for developing and enforcing national policies in
the areas involving standardization, legal metrology and product
inspection throughout the territories of Republic of China
(Taiwan).
SON is the national standards body of the Federal Republic of
Nigeria established by CAP S9 Laws of the Federation of Nigeria,
2004 and is vested with the authority for Standards elaboration
in respect of Metrology, Materials, Commodities, Structures and
processes for the Certification of products in Commerce and
Industry throughout Nigeria.
Considering the need for international harmonization of
standardization, metrology and conformity assessment, the
Parties have agreed to enter into this Memorandum of
Understanding to set out the terms and conditions of their
proposed cooperation.
NOW IT IS HEREBY AGREED AS FOLLOWS:
ARTICLE 1
PRINCIPLES AND OBJECTIVES
The Parties agree to cooperate in the spirit of trust and
confidence and to implement this Memorandum of Understanding
(MOU) with the principles and objectives of:
1. Eliminating technical barriers to trade and promoting
economic relations between Taiwan and Nigeria;
2. Reaffirming the commitment of the Parties to the principles
and norms adopted by the international organisations for
standardization and conformity assessment; and
3. Developing cooperation in the fields of standardization and
conformity assessment.
ARTICLE 2
SCOPE
This MOU will cover the following areas in particular:
1. Inter-laboratory comparisons of national measurement
standards;
2. Study visits and exchange of experts, especially young
scientists or doctorial students in the fields of
standardization, metrology and conformity assessment;
3. Joint research and development activities in realisation of
new principles;
4. Provision of consultation on modern laboratory equipment to
Nigeria;
5. Exchange of publications and standards developed by either
Party.
The Parties will act effectively to promote additional technical
cooperation in the fields of standardization, metrology and
conformity assessment and will encourage cooperation in any
other matters of joint interest.
ARTICLE 3
COST AND EXPENSES
1. Cooperation between the Parties shall be based on the
following:
In principle, each Party shall bear its costs in the course
of this cooperation. The cost for local transportation of
trainees shall be covered by the Party providing the
training; the cost for international travel and subsistence
of the trainees shall be covered by the sending Party.
The expenses for international travel, local transportation
and subsistence for experts providing consultation and
training, shall be covered by the inviting Party.
The specific details regarding the exchange of experts and
trainees will be provided in separate arrangements and
protocols.
2. Implementation of research and development activities shall
depend on the availability of financial resources of both
Parties.
ARTICLE 4
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 5
FORCE MAJEURE
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.
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.
Where a Force Majeure Event persists for a period exceeding
ninety (90) days, the Parties shall discuss the actions to be
taken in order to either continue with the performance of the
MOU to the best extent possible or decide to terminate the MOU.
ARTICLE 6
DISPUTE RESOLUTION
Subject to other provisions of this MOU, the Parties agree that
they shall use their best endeavour to settle any dispute or
difference of opinion between them, arising from or connected
with this MOU, amicably through mutual discussion and
negotiations; such negotiations shall be conducted in good
faith.
ARTICLE 7
GOVERNING LAW
This MOU shall be governed by and construed in all respects in
accordance with the Laws of the Republic of China (Taiwan) and
the Laws of the Federal Republic of Nigeria.
ARTICLE 8
NON-ASSIGNMENT
Neither Party shall have the right to assign or transfer any
obligations in terms of this MOU or any part thereof without the
prior written consent of the other Party.
ARTICLE 9
COMPETENT AUTHORITIES
The authorities responsible for the implementation of this MOU
and other matters relating thereto shall be:
In the case of the Government of the Republic of China (Taiwan),
the Bureau of Standards, Metrology and Inspection (BSMI);
In the case of the Federal Republic of Nigeria, the Standards
Organisation of Nigeria (SON).
ARTICLE 10
INTELLECTUAL PROPERTY
1. All Intellectual Property Rights owned by the Parties shall
at all times remain the sole property of each Party.
2. Neither Party shall without prior written consent of the
other Party, make use of the other ’ s Intellectual
Property.
3. Neither Party shall acquire any rights, title or interest of
any kind in any Intellectual Property of the other Party.
4. Any Intellectual Property in any media or format, prepared,
created or authored by or specifically for either of the
Party in terms of this MOU shall belong exclusively to that
Party and in this regard, the Parties may not code, assign
and make over all rights, title and interest in and to any
such material or documentation to other third parties.
5. The Parties hereby acknowledges the other ’ s Intellectual
Property Rights and undertake to each other that they shall
not infringe those rights and shall do all things necessary
to ensure that the Intellectual Property of the other Party
is not affected.
ARTICLE 11
AMENDMENTS
This MOU may not be amended, modified or supplemented and no
waivers or consents to departures from the provisions hereof may
be given, unless consented to in writing by both Parties.
ARTICLE 12
VALIDITY AND TERMINATION
1. This MOU, written in duplicate in the English language, will
become effective on the date of last signature.
2. This MOU shall continue in force for a period of two (2)
years unless terminated earlier.
3. This MOU shall be automatically extended every two years
unless otherwise amended or terminated.
4. Each Party shall have a right to terminate this MOU by giving
at least six (6) months written notice to the other Party.
5. The termination of this MOU pursuant to this clause, shall
not affect any rights or obligations of the Parties which may
have accrued prior to the termination of this MOU or any
compensation or damage due to either Party.
6. Notwithstanding anything contained herein, this MOU shall
terminate automatically without any further action by either
Party, if BSMI and or SON shall cease to carry on
business/exist.
FOR THE BUREAU FOR THE
OF STANDARDS, STANDARDS
METROLOGY AND ORGANISATION OF
INSPECTION (BSMI) NIGERIA
ROC (TAIWAN)
__________________ __________________
Dr. Ming-Jong Liou Dr. Joseph Ikemefuna Odumodu, MRF
DIRECTOR GENERAL DIRECTOR GENERAL/CHIEF EXECUTIVE
Signed at Taipei City Signed at Abuja
This 15th day of June 2015 This 1st day of June 2015