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Laws & Regulations Database of The Republic of China (Taiwan)

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1.Signed on October 20, 1995; Entered into force on October 20, 1995.
 
Memorandum of Understanding between Japan Quality Assurance Org-
anization (JQA) and Bureau Of Commodity Inspection & Quarantine,
Ministry Of Economic Affairs (BCIQ) on Implementation for JQA P-
roduct Safety Certification System
Article 1
Purpose
The Japan Quality Assurance Organization (hereafter called JQA)
and the Bureau Of Commodity Inspection & Quarantine, Ministry Of
Economic Affairs (hereafter called BCIQ) agree, for the conve-n-
ience of their clients, and subsequent to the implementatoin of
the JQA Product Safety Certification System (hereafter called S-
JQA Mark System), upon the utilization of test data issued by B-
CIQ, as well as of proxy application, and upon the commissioning
to BCIQ of safety tests.
Article 2
Proxy application
1.BCIQ shall conduct a proxy application in conformity with the
S-JQA Mark System, upon the request of their clients. Details
thereof are given in Appendix A.
2.The proxy application shall be made available in respect of a-
ll products which are covered by the S-JQA Mark System.
3.The locations of applicants who may request proxy applications
shall be restricted in Taiwan and Japan.
4.BCIQ shall charge the applicant for all expenses incurred in
conducting a proxy application.
Article 3
Utilization of BCIQ's test data based on the S-JQA Mark System
1.At the request of its clients, BCIQ shall conduct tests based
on the S-JQA Mark System, and JQA shall utilize the date thus
obtained. Details thereof are given in Appendix B.
2.The range of items which may be subjected to the safety test
shall include the items to which BCIQ is permitted by the IEC-
EE/CB System to issue a CB certificate, together with those u-
pon which JQA and BCIQ have agreed in the letter of intent.
3.The test shall be conducted at test sites certified in confor-
mity with the IECEE/CB System, or at those whose facilities a-
re equivalent or superior to those so certified.
4.The locations of applicants requesting such tests shall be re-
stricted in Taiwan and Japan.
5.BCIQ shall charge the applicant for all expenses incurred by
BCIQ in conducting the tests.
Article 4
Combination of proxy applications and tests conducted by BCIQ,
based upon the S-JQA Mark System When BCIQ conducts at the requ-
est of a client, in respect of a single application, a test to
which the above combination applies, BCIQ shall comply with the
espective provisions of Articles 2 and 3. Details thereof are g-
iven in Appendix C.
Article 5
Utilization of test data based upon the BCIQ's obligatory or vo-
luntary test certification system
1.JQA shall, at the request of an applicant, utilize test certi-
fication data based upon the BCIQ's obli-gatory or voluntary
test certification system. Details thereof are given in Appen-
dix D.
2.The range of items which may be subjected to the safety test
shall include the items to which BCIQ is permitted by the IEC-
EE/CB System to issue a CB certificate, together with those u-
pon which JQA and BCIQ have agreed in the letter of intent.
3.The test shall be conducted at test sites certified in confor-
mity with the IECEE/CB System, or at those whose facilities a-
re equivalent or superior to those so certified.
4.In order to establish whether the specifications and test met-
hods applied differ from those laid down by the S-JQA mark Sy-
stem, JQA may request BCIQ to supply the former with the nece-
ssary information, except in those cases in which the differe-
nces can be established clearly by JQA.
5.BCIQ shall charge JQA for all expenses incurred by BCIQ in su-
pplying the information needed to establish the differences r-
eferred to in Paragraph 4 of this Article.
Article 6
Supply of information
At the request of BCIQ, JQA shall, in principle, supply free of
charge all information which may be required for proxy applicat-
ions and for the conduct of tests in accordance with the S-JQA
Mark System. However BCIQ shall be liable for the cost of all p-
ublications that are not supplied free of charge, and for the r-
elevant postal charges.
Article 7
Cooperation
JQA shall cooperate with BCIQ in conducting proxy applications
and tests relating to the S-JQA Mark System, as may be required
in order to resolve any technical or service problems.
Article 8
Training
JQA shall cooperate in the training of BCIQ staff. The expenses
incurred in each training shall be discussed and agreed between
parties.
Article 9
Publicity and advertising
JQA shall cooperate with BCIQ, by supplying relevant information
, in the publicity and advertise-ment of those BCIQ services wh-
ich form the subject of this Memorandum.
Article 10
Factory inspections
Factory inspections related to the S-JQA Mark System shall form
the subject of a separate Memorandum. BCIQ may conduct factory
inspections based on the request of JQA, before signing the Mem-
orandum of Factory Inspection.
Article 11
Grievance procedures
Any claims related to this Memorandum which may be filed by app-
licants or by other parties shall be discussed in good faith by
JQA and BCIQ in order to resolve them.
Article 12
Confidentiality
No matters which are confidential to the applicant or to the pa-
rties to this Memorandum and which may be divulged during the e-
xecution of this Memorandum shall be disclosed to any third par-
ty by the recipient of the information. This obligation shall s-
urvive the termination of this memorandum.
Article 13
Renewal
The duration of the Memorandum shall be three years from the da-
te of its inception. Thereafter it shall be renewed annually, u-
nless either party gives notice to the other termination of the
Memorandum in accordance with Article 14. The terms of the Memo-
randum may, however, be amended with the mutual consent of both
parties.
Article 14
Termination
This Memorandum may be terminated before the original date of e-
xpiry when either party gives to the other a minimum of ninety
days written notice of termination.
Article 15
Miscellaneous
Any matters not covered by this Memorandum shall be determined
by discussion between the two parties, in accordance with the s-
pirit of the Memorandum. IN WITNESS WHEREOE the duly authorized
representatives of the parties hereto have executed this Memora-
ndum in two counterparts, each of which shall be considered as
an original, on the date and at the place hereinafter written in
English.

By [Signed] By [Signed]
Ryuichi SASAKI Neng-Jong LIN
Executive Director Deputy Director General
Japan Quality Assurance Bureau of Commodity Inspection &
Organization
(JQA) Quarantine Ministry of Economic
Place: Taipei, Taiwan R.O.C. Affairs (BCIQ)
Date: October 20, 1995 Taipei, Taiwan R.O.C.
October 20,1995

APPENDIX A
1.BCIQ shall accept applications submitted in the format specif-
ied by the S- JQA Mark System and supplied by JQA, and shall
forward it to JQA, based on a letter of proxy (a contract bet-
ween the applicant and BCIQ) signed by the applicant.
2.JQA shall notify BCIQ of the estimated cost of the test, tech-
nical material and test samples (appli-cation information) wh-
ich will be required in respect of the application submitted.
3.BCIQ shall notify the applicant of the information referred to
in the Paragraph 2 of this Appendix, and the applicant shall
complete the application procedure by forwarding this informa-
tion to JQA, either directly or via BCIQ.
4.JQA shall conduct the test, and shall notify BCIQ of any impr-
ovements to items and/or samples that may be brought to light
by the test (test information).
5.BCIQ shall notify the applicant of the test information, and
the applicant shall forward the items and/or samples that have
been improved in confomity with the test information, either
directly to JQA or via BCIQ.
6.On satisfactory completion of the test, JQA shall forward to
the BCIQ a test report, test data, a structural report and li-
cense agreement documentation.
7.JQA shall issue a certificate after verification of the resul-
ts of the initial factory inspection, togeth-er with the lice-
nse agreement.
8.JQA shall calculate the total cost of the safety test and sha-
ll present an invoice, in Japanese Yen, for this amount to the
applicant through BCIQ.
APPENDIX B
1.BCIQ shall conduct safety tests in conformity with the test p-
rocedures specified by the S-JQA Safety Mark System, to be su-
pplied by JQA, based on the letter of proxy (a contract betwe-
en the applicant and BCIQ) signed by the applicant. BCIQ shall
forward to JQA a copy of the test results (requests for impro-
vements to items, test report, test data, structural report,
BCIQ), in the format specified by JQA.
2.BCIQ's engineers may carry out a field test at the applicant's
factory should BCIQ deem this to be necessary. Before the test
is conducted, however, it should be confirmed that the test f-
acilities at the factory are of a quality equivalent or super-
ior to those of the BCIQ's CB certification test facil-ities.
3.The applicant shall file an application with JQA together with
the results of the tests carried out by BCIQ (request for imp-
rovements to items, test report, test data, structural report,
BCIQ), prepared in the format specified by JQA.
4.As a matter of principle, JQA shall verify the BCIQ's test da-
ta in respect of each application by one of the following met-
hods:
a) Verification of the test samples at the JQA's test faciliti-
es (including spot and other additional checks).
b) Verification at the BCIQ's test facilities, in the presence
of JQA engineers upon the request of BCIQ.
c) Verification by means of documentation prepared by BCJQ, su-
ch as test report and technical material.
5.JQA shall charge the applicant for the expenses incurred in v-
erifying the BCIQ's test data. Where verification is by the m-
eans set out in 4(c) above, the fee for each verification of
such document shall be limited to 10 % of JQA testing fee or 1
00,000.- Japanese yen, whichever is the lesser.
APPENDIX C
1.BCIQ shall conduct safety tests in conformity with the test p-
rocedures specified by the S-JQA Safety Mark system, to be su-
pplied by JQA, and shall forward to JQA the test results (req-
uests for improvements to items, test report, test data, stru-
ctural report, BCIQ), in the format specified by JQA.
2.The BCIQ's engineers may carry out a field test at the applic-
ant's factory should BCIQ deem this to be necessary. Before t-
he test is conducted, however, it should be confirmed that the
test facilities at the factory are of a quality equivalent or
superior to those of the BCIQ's CB certification test facilit-
ies.
3.As a matter of principle, JQA shall verify the BCIQ's test da-
ta in respect of each application by one of the following met-
hods:
a) Verification of the test samples at the JQA's test faciliti-
es (including spot and other additional checks).
b) Verification at the BCIQ's test facilities, in the presence
of JQA engineers upon the request of BCIQ.
c) Verification by means of documentation prepared by BCIQ, su-
ch as test results and technical material.
4.JQA shall charge the applicant for the expenses incurred in v-
erifying the BCIQ's test data. Where verification is by the m-
eans set out in 3(c) above, the fee for each verification of
such document shall be limited to 10 % of JQA testing fee or
100,000.- Japanese yen, whichever is the lesser.
APPENDIX D
1.The applicant shall file an application with JQA, together wi-
th the test results issued by BCIQ.
2.JQA shall verify BCIQ's test data by one of the following met-
hods:
a) Verification of the test samples at the JQA's test faciliti-
es (including spot and other additional checks).
b) Verification by means of documentation prepared by BCIQ, su-
ch as test report and technical material.
3.JQA shall charge the applicant for the expenses incurred in v-
erifying the BCIQ's test data as well as for the preparation
of a structural report and test data.
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