1.BACKGROUND
1.1 The Taipei Economic and Cultural Office (TECO) and the New
Zealand Commerce and Industry Office (NZCIO) (the Parties)
note that co-operation and co-ordination between the Fair T-
rade Commission, Taipei (FTC) and the New Zealand Commerce
Commission (NZCC) (hereinafter referred to collectively as
”The Agencies”) will enhance the sound and effective appl-
ication of the competition and fair trading laws administer-
ed by the Agencies.
1.2 However, the parties note that from time to time differences
may arise concerning the application of the competition and
fair trading laws administered by the Agencies to conducts
or transactions that implicate a significant interest of ei-
ther of the Agencies or the territories in which their rele-
vant laws are administered. They further note that in this
regard, there are some material differences between the com-
petition and fair trading laws administered by the Agencies.
1.3 The Agencies note the existence of the Osaka Action Agenda
of the Asia-Pacific Economic Cooperation Forum Concerning t-
he Competitive Environment in the Asia-Pacific Region which
was adopted on 16 November 1995 which encourages the establ-
ishment of cooperation arrangements, such as this, among the
competition authorities in that region, including the FTC a-
nd the NZCC. This Arrangement is to operate concurrently wi-
th that Action Agenda.
2.PURPOSE
2.1 The purpose of this Arrangement is to promote co-operation
and co-ordination between the Agencies, and to lessen the p-
ossibility of differences between the Agencies in the appli-
cation of the competition and fair trading laws administered
by the Agencies, where these differences are not the result
of statutory provisions. The ongoing exchange of information
and co-operation in a number of areas will enable each agen-
cy to be more efficient and effective.
3.SUBJECT MATTER
3.1 This Arrangement relates to all the activities of the Agenc-
ies including enforcement, adjudication by the Agencies, co-
mpliance education, research, human resource development, a-
nd management.
3.2 The Agency to whom a request for information or assistance
is made (the Requested Agency) is to provide all information
and grant assistance required unless the Requested Agency c-
onsiders it is prejudicial to important interests or would
be prevented from doing so by law. The agency seeking infor-
mation or assistance (the Requesting Agency) is to seek such
information as is within its power and functions to do so.
4.CONFIDENTIALITY
4.1 Notwithstanding other provisions of this Arrangement the Re-
quested Agency is not required to provide information to the
Requesting Agency if disclosure of that information to the
Requesting Agency:
-is prohibited by relevant laws, or is incompatible with the
important interests of the jurisdiction of the Requested A-
gency;
-would require disclosure of information which has been pro-
vided to the Requesting Agency on a confidential basis.
4.2 The Requesting Agency is to maintain to the fullest extent
possible the confidentiality of any information provided in
accordance with this Arrangement. The Requesting Agency is
to protect to the fullest extent possible confidential info-
rmation provided in accordance with this Arrangement, inclu-
ding in the context of requests made pursuant to the Offic-
ial Information Act (New Zealand). The Requesting Agency is
not to release to any other authority any confidential info-
rmation provided in accordance with this Arrangement without
the prior written permission of the Requested Agency, except
as required by statute.
4.3 The Requesting Agency is to maintain confidential files to
which access is limited for the purpose of storing and hand-
ling of confidential information provided in accordance with
this Arrangement.
4.4 Where the Requested Agency requires specific measures for p-
rotection of confidential information it is to notify the R-
equesting Agency prior to the transfer of that information.
The Requesting Agency is to confirm it is willing and able
to comply prior to accepting the transfer of information.
5.SCOPE OF CO-OPERATION
5.1 Exchange of Information
5.1.1 It is in the common interests of the Agencies to share in-
formation that will:
-facilitate effective application of their competition and
fair trading laws administered by the respective Agencies
;
-avoid unnecessary duplication;
-facilitate co-ordinated investigations, research and edu-
cation;
-promote a better understanding by each Party of economic
and legal conditions and theories relevant to their resp-
ective competition and fair trading laws enforcement and
related activities;
-keep each other informed of developments in their respec-
tive jurisdictions or companies based in that jurisdicti-
on.
5.1.2 In furtherance of this common interest the Agencies are,
on a regular basis, to exchange and provide information in
relation to:
-investigations by the Agencies and research;
-speeches, research papers, journal articles, etc.;
-compliance education programmes;
-amendments to relevant legislation;
-human resources development and management.
5.2 Notification of Enforcement and Related Activities
5.2.1 In respect of investigations by the Agencies, each of the
Agencies is to notify the other whenever an investigation,
enforcement or related activity of an agency may affect i-
mportant interests of that other. In respect of investiga-
tions by agencies other than the Agencies, each of the Ag-
encies is to notify the other whenever it becomes aware t-
hat an investigation, enforcement or related activity of
an agency may affect important interests of that other. In
particular, each of the Agencies is to no tify the other
when they make enquiries of persons located in the other's
jurisdiction.
5.2.2 Notifications are to include sufficient information to fa-
cilitate a proper evaluation by the recipient Agency of a-
ny effect of such interest and the other Agency is free to
follow up with the notifying Agency for any further infor-
mation.
5.2.3 A notification in respect of any investigation is to be m-
ade to the Chairperson of the respective party.
5.3 Assistance in Enforcement and Related Activities
5.3.1 The assistance available under this Arrangement, consiste-
nt with the laws of each jurisdiction, includes:
(a) providing access to information in the files of the Req-
uested Agency, including confidential files, except if
provision of such information would breach Clause 4 of
this Arrangement.
(b) in respect of parties appearing on a voluntary basis, p-
reparing witness statements, conducting formal intervie-
ws and obtaining information and documents on behalf of
the Requesting Agency. Where that assistance cannot be
provided because of the laws governing the Requested Ag-
ency, the Requested Agency is to advise accordingly.
(c) co-ordination of enforcement activities when the Agenci-
es agree that it would be beneficial in a particular ca-
se. In determining whether a particular enforcement act-
ivity should be co-ordinated the parties are to take ac-
count of the following:
.effect on resources;
.operational effects;
.efficiency and effectiveness of any joint action;
.impact on the Agencies, economies or citizens.
In any co-ordination arrangement each Agency is to cond-
uct its activities expeditiously and insofar as possible
consistent with the objectives of the other Agency.
6.PROCEDURE FOR ASSISTANCE
6.1 Requests for administrative assistance are to be made by the
Requesting Agency through the Chairperson of the Requested
Agency.
6.2 A request for administrative assistance is to include:
.a description of the parties involved in the conduct;
.an outline of the industry characteristics;
.the alleged breach;
.a description of the information sought and the purpose for
which it is sought;
.a description of the type of assistance required;
.a suggested time period for reply;
.requirements for confidentiality.
6.3 The Requested Agency is to acknowledge the request for admi-
nistrative assistance, and expeditiously provide that assis-
tance in accordance with its procedures.
7.EXCHANGE OF STAFF
7.1 The Agencies will arrange visits and/or the exchange of sta-
ff as appropriate.
8.AGENCY SUPPORT ACTIVITIES
8.1 The Agencies may develop co-operative arrangements in relat-
ion to:
.staff development and training;
.information technology, including direct access to E-mail
systems and non-corporate data base;
.compliance education;
.mutual assistance in legislation;
.assistance in the delivery of documents;
.other matters as mutually agreed.
9.AVOIDANCE OF CONFLICT
9.1 Within the framework of its own laws, and to the extent com-
patible with its own interests, each Agency is to seek at a-
ll stages in its activities to take into account the import-
ant interests of the other. Where there are any instances w-
here the other's interests may be impinged, urgent and imme-
diate consultation should take place.
10.REVIEW OF ARRANGEMENT
10.1 At the request of either party, this Arrangement is to be
reviewed and an agreed report prepared on the co-operation
and co-ordination between the Agencies.
10.2 Each Agency can terminate this Arrangement with 30 days wr-
itten notice.
This Arrangement will come into effect on the date of signature.
Signed on this 18th day of December 1997, in duplicate in the E-
nglish language.
For the Taipei Economic and For the New Zealand Commerce and
Cultural Office Industry Office
[Signed] [Signed]
Frank C. Lin Anthony Patrick Francis Browne
Representative Director