THE TAIPEI ECONOMIC AND TRADE OFFICE, JAKARTA, INDONESIA (TETO)
and THE INDONESIAN ECONOMIC AND TRADE OFFICE TO TAIPEI (IETO)
(hereinafter individually referred to as “ a Party ” and
collectively referred to as “ the Parties ” ), have reached
the following understandings:

Article 1
Purpose
The purpose of this Memorandum of Understanding (hereinafter
referred to as “ MOU ” )is to improve fair business
competition and contribute to the effective implementation of
the competition policy and law of both Parties.

Article 2
Definitions
For the purposes of this MOU, the following definitions will
apply:
(a) the term “competition law” means:
(i) for Taiwan, the Fair Trade Act and its implementing
regulations as well as any amendments thereto; and
(ii) for Indonesia, the Law No. 5 Year 1999 concerning the
Prohibition of Monopolistic Practices and Unfair Business
Competition and its implementing regulations as well as
any amendments thereto;
(b) the term “ enforcement activities ” means any enquiry,
proceeding, assessment, or investigation conducted by a
competition authority in relation to the application of the
competition law of the Party to proscribe anti-competitive
activities, and
(c) The term “ anti-competitive activities ” means any conduct
or transaction that may be subject to penalties or remedy or
relief under the competition laws of respective Party.

Article 3
Implementing Agencies
The Parties designate the following competition authorities to
implement this MOU:
(a) for the TETO, the Taiwan Fair Trade Commission (TFTC), and
(b) for the IETO, the Indonesia Competition Commission (ICC).

Article 4
Notification
Each Party shall through its respective competition authority
endeavour to notify the other Party of any enforcement or
potential anti-competitive activities that it considers may
affect the important interests of the other Party.

Article 5
Exchange of Information
The Parties may through their competition authorities exchange
public information relevant to the competition policy
development of the Parties, including the amendment to the
competition law or any adoption of new laws and regulations that
control anti-competitive activities, and publicly-released
guidelines or policy statements issued in relation to the
competition laws of the Parties.

Article 6
Technical Cooperation
The Parties agree that it is in their common interest to work
together in capacity building activities related to
strengthening of competition policy and implementation of the
competition law of each Party, through their competition
authorities. The forms of such activities shall be mutually
agreed upon by the competition authorities of the Parties,
subject to their available resources.

Article 7
Consultations
The Parties, through their competition authorities may consult
with each other, upon request of either Party, on any matter
which may arise in connection with this MOU.

Article 8
Confidentiality
1. Each Party shall, in line with respective laws and
regulations of the Party and its important interests maintain
the confidentiality of any information marked as confidential
that is provided by the other Party.
2. Notwithstanding paragraph 1 of this Article, any information,
other than publicly available information, provided by a
Party to the other Party under this MOU, shall only be used
by the competition authority of the receiving Party for the
purpose of the effective enforcement of its competition law,
and shall not be disclosed by the receiving Party to other
competition authorities and/or any third party without prior
consent of the providing Party.
3. Notwithstanding any other paragraphs of this Article, neither
Party is required to provide information to the other Party
if it is prohibited from providing the information by the
laws and regulations of the Party, or if providing such
information is incompatible with its important interests.
4. Information, other than publicly available information,
provided by a Party to the other Party under this MOU shall
not be used by the receiving Party in criminal proceedings in
a court of law and/or presided over by a judge.

Article 9
Final Provision
1. All cooperation under this MOU shall be conducted in
accordance with the laws and regulations of the Parties,
subject to their respective available resources.
2. This MOU shall enter into force upon the date of the last
signature by the representatives of the Parties.
3. This MOU may be amended with mutual written consent of the
Parties.
4. Either Party may terminate this MOU by giving the other Party
a thirty-day prior written notice.

Signed at Taipei, this 19th day of March, 2020, and at Jakarta,
this 23rd day of April, 2020, in duplicate in the English
language.


FOR THE TAIPEI FOR THE
ECONOMIC AND INDONESIAN
TRADE OFFICE, ECONOMIC AND
JAKARTA, TRADE OFFICE TO
INDONESIA TAIPEI
__________________ __________________
John C. Chen Didi Sumedi
Representative Representative