Article I Scope
1.1 The Agreement between the Taipei Representative Office in
Singapore (TRO) and the Singapore Trade Office in Taipei
(STO), hereinafter referred to as “ the Parties, ”
provides a regulatory cooperative arrangement through which
the competent authorities establish a mechanism to
facilitate the sharing and exchange of information on the
safety of consumer products.
1.2 For the purposes of performing the obligations under this
Agreement between the TRO and the STO, the competent
authorities shall be the Bureau of Standards, Metrology and
Inspection (BSMI), Ministry of Economic Affairs, and the
Standards, Productivity and Innovation Board (SPRING)
respectively.
Article II Purpose
2. The purpose of this Agreement is to enhance and strengthen
the sharing and exchange of information related to the safety
of consumer products so as to enable the competent
authorities to protect the public, by taking preventive
actions, to reduce or eliminate potential hazards associated
with consumer products. The competent authorities agree to
work together towards the common goal of improving consumer
product safety by providing accurate and up-to-date
information to the best of their endeavour under their
respective jurisdictions.
Article III Information Exchange
3.1 The competent authorities will each designate a contact
point that will be responsible for notifying the other
contact point of information on the safety of consumer
products by using the form attached to this Agreement in the
Appendix. Information exchange on the safety of consumer
products may include, but is not limited to, the following:
(a) Product information, such as the name, brand, type,
identification number, country of origin, photos, etc;
(b) The name and address of manufacturers;
(c) Product safety information, such as associated hazards,
violation of regulations, test results, implementation of
corrective actions; and
(d) Other information requested by either competent authority.
3.2 The contact point designated by each competent authority
will provide to the other contact point, upon request and to
the extent reasonable and practicable, public information
(e.g., periodicals, annual reports, case studies, proposed
regulation, statistics, information related to international
conferences and corrective actions) relating to consumer
product safety.
3.3 Whilst the competent authorities when supplying the
information in Clauses 3.1 and
3.2 should endeavour to ensure that the information is accurate,
the competent authorities acknowledge and accept that the
information is provided without any warranty, representation
or guarantee that it is true, complete or accurate. The
competent authorities accordingly will not be liable to each
other for any loss or damage resulting directly or
indirectly from the use of or reliance on any of the
information supplied.
Article IV Confidentiality of Information
4.1 The competent authorities shall comply with domestic laws
and regulations applicable to them when collecting or
receiving information, including information relating to the
privacy of an individual, trade secrets or other information
of a confidential nature, and shall not use, divulge or
release information received under this Agreement to a third
party, excluding governmental departments or statutory
bodies, without the express consent of the competent
authority who supplied the information.
4.2 This undertaking shall survive the termination of this
Agreement.
Article V Other Activities
5 The competent authorities, through their designated contact
points, will consider, based on the needs, resources,
policies, funds, priorities and other factors, cooperation on
activities related to the exchange of information on consumer
product safety. Such cooperation may include, but is not
limited to, seminars, safety training programs, expert
exchanges, technical working groups and other activities that
are mutually beneficial.
Article VI Priority to Domestic Population
6 The competent authorities reserve the right to give priority
to addressing hazards to the population of the territories
they represent while this Agreement is in effect.
Article VII Other Laws, Regulations and International Agreements
7 This Agreement and the responsibilities of the Parties, the
competent authorities and the designated contact points of the
competent authorities remain subject to all applicable laws
and regulations. The Parties, the competent authorities and
the designated contact points of the competent authorities
affirm their respective rights and obligations under any
existing or future arrangements to which they are
participants.
Article VIII Liaison
8 Each of the Parties, the competent authorities and the
designated contact points of the competent authorities will
designate a liaison to whom correspondence and communications
concerning this Agreement will be directed.
Article IX Effective Date
9. This Agreement will become effective on the date of the last
signature.
Article X Amendment
10. This Agreement may be amended by the Parties in writing by
mutual consent.
Article XI Termination
11. This Agreement will remain effective until it is terminated
by either Party. Either Party may, at any time, terminate
this Agreement by giving the other Party 30 days ’ written
notice in advance of its intention to terminate it.
In witness whereof, the undersigned, being duly authorised by
their respective competent authorities, have signed this
Agreement.
This Agreement is done in duplicate in the Chinese and English
languages, both texts being equally authentic. In the case of
any divergence of interpretation between the two texts, the
English text shall prevail.
For: The Taipei For: The Singapore
Representative Office in Trade Office in Taipei
Singapore
By: Vanessa Shih By: Stanley Loh
Representative Representative
Date: Oct 19, 2010 Date: Oct 19, 2010
Place: Taipei, Taiwan Place: Taipei