THE ASSOCIATION OF EAST AISAN RELATIONS AND THE INTERCHANGE
ASSOCIATION (hereinafter individually referred to as “ Side ”
and collectively referred to as “ Sides ” ), having regard to
paragraph 3 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, have agreed to co-operate with each other to obtain
necessary consent from the Taiwan Fair Trade Commission and the
Japan Fair Trade Commission (hereinafter individually referred
to as “ Authority ” and collectively referred to as “
Authorities ” )with a view to carrying out the following:

Article 1
Purpose of Cooperation
The purpose of this Memorandum of Understanding (MOU) is to
contribute to the effective enforcement of the competition laws
through the development of a cooperative relationship between
the Authorities regarding the application of the competition
laws.

Article 2
Definitions
For the purposes of this MOU:
(a) the term “ anti-competitive activity(ies) ” means any
activity that may be subject to penalties or relief under
the competition law of either area;
(b) the term “area” means:
(i) for the Interchange Association, Japan; and
(ii) for the Association of East Asian Relations, Taiwan;
(c) the term “competition law” means:
(i) for Japan, the Law Concerning Prohibition of Private
Monopoly and Maintenance of Fair Trade (Law No. 54, 1947)
and its implementing regulations as well as any amendments
thereto; and
(ii) for Taiwan, the Fair Trade Act and its implementing
regulations as well as any amendments thereto; and
(d) the term “ enforcement activity(ies) ” means any
investigation or proceeding conducted by an Authority in
relation to the application of the competition law of its
area.

Article 3
Notification
3.1 Each Side will notify the other Side of the enforcement
activities conducted by the Authority in the area in which
the notifying Side is located that may affect the important
interests of the Authority in the area in which the other
Side is located.
3.2 Provided that it is not contrary to the laws and regulations
in force in the area in which the notifying Side is located
and that it does not affect any investigation or proceedings
being carried out by the Authority in that area,
notification under paragraph 3.1 will be given as promptly
as possible when the Authority of the notifying Side becomes
aware that its enforcement activities may affect the
important interests of the Authority in the area in which
the other Side is located.

Article 4
Cooperation in Enforcement Activities
4.1 The Sides will provide assistance to each other in
enforcement activities conducted by the respective
Authorities, to the extent consistent with the laws and
regulations in force in their respective areas and the
important interests of the respective Authorities, and
within the available resources of the respective
Authorities.
4.2 Each Side will endeavor, to the extent consistent with the
laws and regulations in force in the area in which it is
located and the important interests of its Authority in that
area, to:
(a) inform the other Side of the enforcement activities
involving anti-competitive activities conducted by either
Authority, that may also have an adverse effect on
competition in the area in which the other Side is located;
(b) provide the other Side with any significant information,
that is possessed by the Authority in that area, and comes
to its attention, about anti-competitive activities that
the Authority considers may be relevant to, or may warrant,
enforcement activities of the other Authority; and
(c) provide the other Side, upon request and in accordance with
the provisions of this MOU, with information that is
possessed by the Authority in that area with respect to the
enforcement activities of the other Authority.

Article 5
Coordination of Enforcement Activities
5.1 Where the Authorities are pursuing enforcement activities
with regard to the same or related matters, the Sides will
endeavor to coordinate the enforcement activities conducted
by their respective Authorities where appropriate and
practicable, and will respect the independence of each
Authority to make its own decisions.
5.2 Either Side may, subject to appropriate notification to the
other Side, at any time, limit or terminate the coordination
of enforcement activities, and the Authority in the area in
which the notifying Side is located may pursue its
enforcement activities independently.

Article 6
Cooperation Regarding Anti-competitive Activities in the Area of
a Side That Adversely Affect the Interests of the Authority in
the Area in Which the Other Side Is Located
6.1 If either Authority in the area in which either Side is
located believes that anti-competitive activities carried
out in the area in which the other Side is located adversely
affect its important interests, the former Side, taking into
account the importance of avoiding conflicts resulting from
enforcement activities and of conducting more effective
enforcement activities, may request the other Side to call
for appropriate enforcement activities.
6.2 The request made under paragraph 6.1 should be as specific
as possible about the nature of the anti-competitive
activities and their effect on the important interests of
the Authority in the area in which the requesting Side is
located, and should include an offer of such further
information and other cooperation as that Authority is able
to provide.
6.3 The requested Side will request the Authority in the area in
which the requested Side is located to carefully consider
whether to initiate enforcement activities, or whether to
expand ongoing enforcement activities, with respect to the
anti-competitive activities identified in the request made
under paragraph 6.1. The requested Side will inform the
requesting Side of the decision made by the Authority in the
area in which the requested Side is located as soon as
practically possible. If the enforcement activities are
initiated, the requested Side will inform the requesting
Side of the outcome and, to the extent possible, of
significant interim developments.
6.4 Nothing in this Article limits the discretion of the
Authority in the area in which the requested Side is located
under the competition law in force in that area and its
enforcement policies to determine whether or not to conduct
enforcement activities with respect to the anti-competitive
activities identified in the request, or precludes the
requesting Side from withdrawing its request.

Article 7
Avoidance of Conflicts
7.1 Upon request by either Side, careful consideration will be
given to the important interests of the Authority in the
area in which the other Side is located throughout all
phases of its enforcement activities, including decisions
regarding the initiation of enforcement activities, the
scope of enforcement activities and the nature of penalties
or relief.
7.2 Where either Authority in the area in which either Side is
located considers that its enforcement activities may
adversely affect the important interests of the Authority in
the area in which the other Side is located, the former Side
will endeavor to request their respective Authorities to
seek an appropriate accommodation to the competing interests
and coordinate their enforcement activities where
appropriate and practicable.

Article 8
Annual Consultations
8.1 Unless otherwise jointly decided by the Sides, consultations
between the Sides will be held at least once a year to:
(a) exchange information on economic sectors of common
interest;
(b) discuss competition policy in which they are interested;
and
(c) discuss development relating to bilateral or multilateral
fora that may be relevant to the cooperative relationship
between the Sides.
8.2 Unless otherwise jointly decided by the Sides, the
consultations referred to in paragraph 8.1 will be held
alternately in the areas.

Article 9
Communications
Communications under this MOU will be conducted in a way decided
by both Sides which is acceptable to their respective
Authorities.

Article 10
Confidentiality
10.1 Notwithstanding any other Articles of this MOU, neither
Side is required to provide information to the other Side
if the Authority in the area in which that Side is located
is prohibited from providing the information by the laws
and regulations of that area or if that Authority finds
providing the information incompatible with its important
interests.
10.2 Each Side will, in accordance with the laws and regulations
in force in the area in which it is located, maintain the
confidentiality of any information provided in confidence
by the other Side under this MOU.
10.3 Information, other than publicly available information,
provided by a Side to the other Side under this MOU will be
used only for the purpose of the effective enforcement by
the Authority in the area in which the receiving Side is
located and will not be disclosed by the receiving Side to
other Authorities or to any third party without prior
consent of the providing Side.
10.4 Information, other than publicly available information,
provided by a Side to the other Side under this MOU will
not be used by the receiving Side in criminal proceedings
carried out by a court or a judge of the area of the
receiving Side.
10.5 This Article will not preclude the use or disclosure of
information provided under this MOU to the extent such use
or disclosure is required by the laws and regulations in
force in the area in which the receiving Side is located.
In such case, the receiving Side will give advance notice
of any such use or disclosure to the providing Side.

Article 11
Miscellaneous
11.1 All cooperation under this MOU will be conducted in
accordance with the laws and regulations in force in their
respective areas and subject to the reasonably available
resources of the respective Authorities.
11.2 Detailed arrangements to implement this MOU may be jointly
decided upon by the Sides as necessary.

Article 12
Entry into Force, Termination and Modification
12.1 This MOU will enter into force upon signature by the
representatives of the Sides.
12.2 Either Side may terminate this MOU by giving the other Side
a thirty-day written notice.
12.3 This MOU may be modified with mutual written consent of the
Sides.

Signed in duplicate, at Tokyo, on this 26 of November, 2015, in
the English language.


FOR THE FOR THE
ASSOCIATION OF INTERCHANGE
EAST ASIAN ASSOCIATION
RELATIONS

__________________ __________________
LEE Chia-chin OHASHI Mitsuo
Chairman NAME Chairman