1.Signed on October 19, 2007;
Entered into force on October 19, 2007.
THE TAIPEI ECONOMIC and CULTURAL OFFICE in AUSTRALIA and THE
AUSTRALIAN COMMERCE and INDUSTRY OFFICE, TAIPEI (hereinafter
referred to as the "Signatories") have embodied their
understandings in this Memorandum of Understanding.
This Memorandum of Understanding will be implemented;
a) on behalf of the Australian Commerce and Industry Office,
Taipei by the Australian Communications and Media Authority.
b) on behalf of the Taipei Economic and Cultural Office in
Australia by the National Communications Commission, Taiwan.
The protection of the information economy is a major factor for
social, economic and environmental development and for the
realisation of productivity and service delivery improvements in
all sectors of the economy.
Large volumes of spam can impair the infrastructure and
viability of the information economy and mutual cooperation can
minimise the amount of spam flowing between economies and assist
in combating the spam problem.
Focus of Cooperation
Acting within the framework of their powers, interests and
responsibilities, the Signatories will collaborate on the
regulation of spam (unsolicited commercial electronic messages).
The purpose of this Memorandum of Understanding is to encourage
cooperation between the Signatories in minimising spam
originating in and being sent to end-users in their respective
economies. The Signatories will also encourage closer
cooperation and the exchange of information relating to spam in
accordance with the relevant laws and regulations in each
economy and on the basis of equality, reciprocity and mutual
Scope of Cooperation
The Signatories will promote cooperation in all spheres of
activity defined by this Memorandum of Understanding in order to
derive maximum benefits for both Taiwan and Australia.
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
Forms of Cooperation
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;
d.other forms of cooperation arranged by the Signatories.
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.
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
Where practical, the implementing Authorities will exchange
information available in English as regards any issues pertinent
to the Memorandum of Understanding.
Funding and Resources
The cooperative activities carried out under this Memorandum of
Understanding will be subject to the availability of funds and
resources of the Signatories. For those activities carried out
under this Memorandum of Understanding, unless otherwise jointly
decided, each Signatory will provide resources adequate to carry
out its own commitments in relation to those activities.
Neither Signatory will disclose or distribute any information
that is supplied and marked, or stated to be "in-Confidence" by
the originating Signatory, except as, and to the extent
authorised, by the originating Signatory.
The implementing authorities will respect the confidentiality of
any information which is provided to it in confidence by the
other Implementing Authority and, without limiting the
generality of the forgoing, will not publish, copy or distribute
After termination of this Memorandum of Understanding the
Implementing Authorities will continue to respect the
confidentiality of confidential document exchanged between them
pursuant to this paragraph and Paragraph 2
Settlement of Disputes
Any disputes between the Signatories arising from the
interpretation or implementation of this Memorandum of
Understanding will be settled amicably through consultations
between the Signatories.
Commencement and Termination
This Memorandum of Understanding will come into effect on the
date of its signature. It will remain in effect for a period of
five (5) years thereafter unless terminated by either Signatory
giving six (6) months prior notice in writing to the other
Notwithstanding termination of this Memorandum of Understanding,
activities being undertaken pursuant to this Memorandum of
Understanding immediately before its termination will continue
to be governed by this Memorandum of Understanding until their
completion, unless the Signatories mutually determine otherwise.
Review and Amendment
This Memorandum of Understanding may be amended by mutual
written consent of the Signatories at the request of either
SIGNED at Canberra, Australia on the nineteenth day of October
2007 in duplicate.
Song-Huann Lin Steve Waters
FOR THE TAIPEI ECONOMIC AND FOR THE AUSTRALIAN COMMERCE
CULTURAL OFFICE IN AUSTRALIA and INDUSTRY OFFICE, TAIPEI