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

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1.Signed on November 05, 2013 Entered into force on January 20, 2014
 
Article 1
THE ASSOCIATION OF EAST ASIAN RELATIONS and THE INTERCHANGE
ASSOCIATION (hereinafter collectively referred to as "both
Sides" and individually referred to as the "Side"), having
regard to paragraphs 3(1) and 3(7) of the Arrangement between
the Association of East Asian Relations and the Interchange
Association for the Establishment of the Respective Overseas
Offices of 26 December 1972, recognizing the economic growth and
opportunities that electronic commerce provides, the importance
of avoiding barriers to its use and development and the
principle of technological neutrality in electronic commerce,
shall cooperate with each other in order to obtain necessary
consent from the relevant authorities with regard to the matters
as contained in Articles 2 through 12 below.

Article 2
1. Nothing in this Arrangement shall be construed so as to
affect the existing commitments that are effective in the
Areas of both Sides under the General Agreement on Trade in
Services in Annex 1B to the WTO Agreement (hereinafter
referred to in this Article as "the GATS").
2. In case of any inconsistency between this Arrangement and the
existing commitments that are effective in the Areas of both
Sides under the GATS, the existing commitments under the GATS
shall prevail.

Article 3
For the purposes of this Arrangement,
(a)The term "digital products" means computer programs, text,
video, images, sound recordings, and other products that are
digitally encoded and produced for commercial sale or
distribution, regardless of whether they are fixed on a
carrier medium including, but not limited to, an optical
medium, a floppy disk, and a magnetic tape or transmitted
electronically;
(b)The term "transmitted electronically" means transferred by
any electromagnetic or photonic means;
(c)The term "electronic signature" means a measure taken with
respect to information that can be recorded in an electronic
record, that could be used with the intention of identifying
the person who had performed such measure, and which fulfills
both of the following requirements:
(i) that the measure indicates that such information was
created by the person who has taken such measure; and
(ii) that the measure confirms that such information has not
been altered;
(d)The term "trade administration documents" means forms the
relevant authorities in the Area of either Side issue or
control that must be completed by or for an importer or
exporter in connection with the importation or exportation of
products.
(e) The term "Area" means:
(i) with respect to the Interchange Association, Japan; and
(ii) with respect to the Association of East Asian Relations,
Taiwan.

Article 4
Practice of not imposing customs duties on electronic
transmission, as prescribed in the decision adopted at the WTO
Ministerial Conference of December 2011, shall be maintained
between the Areas of both Sides.

Article 5
1. (a) Treatment accorded to digital products of the Area of
either Side within the Area of the other Side shall not
be less favorable than the treatment accorded to like
digital products of the Area of the other Side.
(b) Treatment accorded to digital products of the Area of
either Side within the Area of the other Side shall not
be less favorable than the treatment accorded to like
digital products of any other countries or regions.
2. Whether a digital product is a digital product of the Area of
either Side, of the Area of the other Side or of any other
countries or regions shall be determined in a transparent,
objective, reasonable and fair manner.
3. Each Side shall, upon request by the other Side, explain how
the origin of a digital product is determined with a view to
achieving mutual satisfaction.

Article 6
All measures affecting electronic commerce should be
administered in a transparent, objective, reasonable and
impartial manner, and should not be more burdensome than
necessary to achieve the objectives of the measures.

Article 7
1. The following regulatory measures regarding electronic
signatures shall not be adopted or maintained within the Area
of either Side:
(a) those that would prohibit parties to an electronic
transaction from mutually determining the appropriate
electronic signature methods for that transaction; and
(b) those that would prevent parties to an electronic
transaction from having the opportunity to prove in court or
administrative authorities that their electronic transaction
complies with any legal requirements with respect to
electronic signatures.
2. Notwithstanding paragraph 1, for a particular category of
electronic transactions the electronic signatures may be
required to meet certain performance standards or be based on
a specific electronic certificate issued by a supplier of
certification services accredited or recognized in accordance
with the laws and regulations of the Area of each Side,
provided that the requirement:
(a) serves a legitimate policy objective; and
(b) is substantially related to achieving that objective.
3. In the Area of each Side, the procedure of accreditation or
recognition of suppliers of certification services which have
already obtained accreditation or recognition under the
legislation of the Area of the other Side should be
facilitated, in accordance with the legislation of the Area
of the former Side on electronic signatures and certification
services.

Article 8
Both Sides will encourage the relevant authorities in their
respective Areas to endeavor to make all trade administration
documents available to the public in an electronic form and to
accept trade administration documents submitted electronically
as the legal equivalent of the paper versions of such documents.

Article 9
Both Sides will encourage the relevant authorities in their
respective Areas to recognize the importance of:
(a) adoption and maintenance of transparent and effective
measures to protect consumers from fraudulent and deceptive
commercial practices when they engage in electronic
commerce;
(b) cooperation between the competent authorities in the Areas
of both Sides in charge of consumer protection on activities
related to electronic commerce in the context of their
mutual trade in order to enhance consumer protection; and
(c) adoption or maintenance of measures, in accordance with the
respective laws and regulations of the Area of each Side, to
protect the personal information of electronic commerce
users.

Article 10
1. For the purpose of encouraging Internet service providers to
cooperate with right holders in protecting their rights
against materials infringing intellectual property rights,
both Sides shall request the relevant authorities in their
respective Areas to provide measures, subject to the
respective laws and regulations of the Area of each Side, to
limit the liabilities of Internet service providers for the
removal of materials on their Internet websites where a right
holder claims to the Internet service provider that such
materials infringe his or her intellectual property rights,
provided that the Internet service provider complies with the
procedures to be followed by the parties concerned.
2. Both Sides shall request the relevant authorities in their
respective Areas to provide a mechanism where right holders,
who have given effective notification to an Internet service
provider with respect to materials that they claim with valid
reasons to be infringing on their intellectual property
rights, could obtain, in accordance with the requirement of
the respective laws and regulations of the Area of each Side,
from the Internet service providers information on the
identity of the information sender.

Article 11
Recognizing the global nature of electronic commerce, both Sides
will encourage the relevant authorities in their respective
Areas to:
(a) work together to overcome obstacles encountered by small and
medium enterprises in using electronic commerce;
(b) share information and experiences on laws, regulations, and
programs pertaining to electronic commerce, including those
related to personal information, consumer confidence in
electronic commerce, cyber-security, electronic signatures,
intellectual property rights, and electronic government or
authority;
(c) work to maintain information flows between the Areas of both
Sides as an essential element for a vibrant electronic
commerce environment;
(d) encourage the private sector to adopt self-regulation,
including through codes of conduct, model contracts,
guidelines, and enforcement mechanisms that foster
electronic commerce; and
(e) cooperate in appropriate cases of mutual concern on
fraudulent and deceptive commercial practices in electronic
commerce.

Article 12
1. This Arrangement shall enter into force on the date that both
Sides inform each other that their respective procedures have
been completed.
2. Either Side may at any time request consultations with the
other Side for the purpose of amending this Arrangement.
3. Either Side may, by giving one year's advance notice in
writing to the other Side, terminate this Arrangement.

This Arrangement has been made in the English language. In
witness whereof, the representatives of both Sides signed this
Arrangement in Taipei, on November 5, 2013.


FOR THE FOR THE
ASSOCIATION OF INTERCHANGE
EAST ASIAN ASSOCIATION
RELATIONS

Lee, Chia-Chin Mitsuo Ohashi
Web site:Laws & Regulations Database of The Republic of China (Taiwan)