沿革:
1.Signed on June 07, 2018
Entered into force on July 05, 2018
The Government of the Republic of China (Taiwan) and the
Government of the Republic of Kiribati hereinafter referred to
as the “ Parties ”;
Desiring to further enhance the existing formal relations
between the Governments of the Republic of China (Taiwan) and
the Republic of Kiribati on the basis of the principles of
equality, mutual benefit and mutual respect;
RECOGNIZING the benefits which can be derived by their
respective peoples from the implementation of this MOU, on the
basis of the principles of equality, respect for each other ’ s
sovereignty and mutual benefit;
RECALLING the provisions of the 1982 United Nations Convention
on the Law of the Sea (UNCLOS); the United Nations Fish Stocks
Agreement and the Western Central Pacific Fisheries Convention
on the Conservation of Highly Migratory Species; and
COGNIZANT of the need to ensure sustainable development through
conservation and management of fishery resources;
Have agreed as follows:
Article I
GENERAL PROVISIONS
1. The Parties shall promote cooperation in the development of
the fishing industries of both countries pursuant to their
respective laws.
2. The Parties shall be consistent with their domestic laws and
without prejudice to their respective international legal
obligations, promote sustainable use of fishery resources.
3. The Parties shall, through a separate signed “ Information
Sharing MOU ”, share information on fishing activities of
the Parties ’ flagged vessels in their respective waters and
ports with a view to combat and eliminate Illegal, Unreported
and Unregulated (IUU) fishing through the transparent
implementation of the Vessel Day Scheme (VDS). The
information shared under this MOU shall not be shared with
the third party and shall be used by the Parties for
Monitoring, Control and Surveillance (MCS) purposes only.
Details of how to share fisheries information is specified
and governed under this MOU and to be agreed between the two
Parties.
Article II
AREAS OF COOPERATION
1. The purposes of this MOU is to develop and facilitate
collaboration between the Parties in matters of common
interest, including but not limited to the following:
I. Promotion of fishing ventures in the Parties ’ waters in
accordance with domestic laws, regulations and applicable
international legal obligation;
II. Promotion of aquaculture/mariculture investment,
research, development and training;
III. Post-harvest, fish processing development and marketing
including training;
IV. Joint research activities including exchange of
expertise;
V. Combating Illegal, Unregulated and Unreported fishing with
financial assistance and support provided by the
Government of the Republic of China (Taiwan) to implement
such activities for Taiwan Flagged vessels;
VI. Exchange of fisheries-related data_that will assist the
Parties in exercising their flag state responsibility
through the signed MOU as specified in paragraph 3 of
Article I governing the conditions and details of the
data to be provided.
VII. Cooperation between competent authorities on compliance
with requirement of market States including EU ’ s EC
1005/2008 IUU Regulation and EU sanitary and
phytosanitary standards;
VIII. Ecosystem-based approach to fisheries management;
IX.Cooperation in areas of fisheries trade and promotion; and
X. Working cooperatively within global, regional and
sub-regional organizations and arrangements in which they
both participate for promotion of the goals and objectives
set forth in the instruments.
2. The guidelines for exploring, developing and implementing the
above-cited areas of cooperation shall be embodied in
separate subsidiary agreements in accordance with the
provisions of this MOU. It is understood that nothing in this
MOU would affect the rights, privileges and obligations
applied to existing investments, joint ventures and fishing
licenses issued.
Article III
IMPLEMENTING AUTHORITIES
1. Implementing authorities of this MOU shall be as follows:
For the Government of the Republic of China (Taiwan) – the
Council of Agriculture, Executive Yuan;
For the Government of the Republic of Kiribati – the
Ministry of Fisheries and Marine Resources Development.
2. To implement this MOU, the Parties shall designate and
exchange respective points of contacts of implementing
authorities on the date of signing. Where necessary, an
interim meeting may be held to subject to agreement between
the Parties through designated points of contacts.
3. The separate agreements and the “ Information Sharing MOU ”
as specified in Article I and II shall be developed and
signed by the implementing authorities of this MOU. The
Parties agree that the “ Information Sharing MOU ” shall be
developed and signed within 6 months of the date of signing
of this MOU by the implementing authorities.
4. The implementing authorities shall be responsible for
mutually monitoring and evaluating activities done by
designated personnel under the MOU.
Article IV
MEETINGS
In case of interim meetings in accordance with paragraph 2 of
Article III, expenses to be accrued the meeting participation
shall be borne by the respective Parties.
Article V
CONFIDENTIALITY
1. The Parties shall ensure the confidentiality of the data and
information provided under this MOU.
2. Matters pertaining to intellectual property rights that arise
from any activity undertaken under this MOU shall be
determined and agreed upon by the Parties prior to the
activity ’ s implementation.
Article VI
DISPUTE SETTELEMENT
Any dispute arising out of the interpretation, application or
implementation of this MOU shall be settled amicably by
consultation or negotiation, through diplomatic channels of the
Parties.
Article VII
ENTRY INTO FORCE
This MOU shall enter into force on a date to be agreed through
notification by the Parties through diplomatic channels
indicating that the domestic requirements for entry into force
have been completed.
Article VIII
REVIEW AND AMENDMENT
This MOU may be reviewed and amended upon agreement by the
Parties. The amendment(s) shall enter into force in accordance
with the provisions on the entry into force.
Article IX
DURATION AND TERMINATION
This MOU shall remain in force for the period of two (2) year
and shall be automatically renewed unless one of the Parties
terminates it in writing, through diplomatic channels, by giving
six (6) months ’ notice before the expiration of its validity.
The termination of this MOU is without prejudice to on-going
activities.
IN WITNESS WHEREOF, the undersigned, being duly authorized by
their respective Governments, have signed this MOU.
Done in duplicate in the English language.
FOR THE FOR THE
GOVERNMENT OF GOVERNMENT OF
THE REPUBLIC OF THE REPUBLIC OF
CHINA (TAIWAN) KIRIBATI
___________________ ___________________
Hon. Lin Tsung Hsien Hon. Tetabo Nakara
Minister Minister
Council of Agriculture Ministry of Fisheries and
Executive Yuan Marine
Resources Development
2018 . 06 . 07 2018 . 06 . 07
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台灣‧台北 TAIPEI
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