1. BACKGROUND
2. PURPOSE
3. SUBJECT MATTER
4. CONFIDENTIALITY
5. SCOPE OF COOPERATION
6. PROCEDURE FOR ASSISTANCE
7. EXCHANGE OF STAFF
8. AGENCY SUPPORT ACTIVITIES
9. AVOIDANCE OF CONFLICT
10. REVIEW OF ARRANGEMENT
This Arrangement will come into effect on the date of signature.
Signed at Taipei on this 13th day of September 1996, in duplicate in the
English language.
Cultural Office
Industry Office
David Hong
Representative
Colin Heseltine
Senior Representative
1.1 The Taipei Economic and Cultural Office (TECO) and the Australian
Commerce and Industry Office (ACIO) (the Parties) note that cooperation and
coordination between the Fair Trade Commission, Taipei (FTC) and the
Australian Competition and Consumer Commission (ACCC) (hereinafter referred
to collectively as "the Agencies") will enhance the sound and effective
application of the competition and fair trading laws administrated by the
Agencies.
1.2 However, the Agencies note that from time to time differences may arise
between them concerning the application of the competition and fair trading
laws administrated by the Agencies to conduct or transactions that
implicate a significant interest of either of the Agencies or the
territories in which their relevant laws are administrated. They further
note that in this regard, there are some material differences between the
competition and fair trading laws administrated by the Agencies.
1.3 The Agencies note the existence of the Mutual Assistance in Business
Regulation and Mutual Assistance in Criminal Matters legislation in
Australia. This Arrangement is to operate concurrently with that
legislation.
1.4 The Agencies note the existence of the Osaka Action Agenda of the
Asia-Pacific Economic Cooperation Forum Concerning the Competitive
Environment in the Asia-Pacific Region which was adopted on 16 November
1995 which encourages the establishment of cooperation arrangements, such
as this, among the competition authorities in that region, including the
FTC and the ACCC. This Arrangement is to operate concurrently with that
Action Agenda.
2.1 The purpose of this Arrangement is to promote cooperation and
coordination between the Agencies and to lessen the possibility of
differences between the Agencies in the application of the competition and
fair trading laws administrated by the Agencies where these differences are
not the result of statutory provisions. The ongoing exchange of information
and cooperation in a number of areas will enable each agency to be more
efficient and effective.
3.1 This Arrangement relates to all the activities of the Agencies
including enforcement, adjudication by the Agencies, compliance education,
research, human resource development, and 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 considers it is prejudicial to
important interests or would be prevented from doing so by law. The agency
seeking information or assistance (the Requesting Agency) is to seek such
information as it is within its power and functions to do so.
4.1 Notwithstanding other provisions of this Arrangement the Requested
Agency is not required to provide information to the Requesting Agency if
disclosure of that information to the Requesting Agency:
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 information provided in accordance with this
Arrangement, including requests made pursuant to the Freedom of Information
Act 1982 (Australia). The Requesting Agency is not to release to any other
authority any confidential information provided in accordance with this
Arrangement without the prior written permission of the Requested Agency.
4.3 The Requesting Agency is to maintain confidential files to which access
is limited for the purpose of storing and handling of confidential
information provided in accordance with this Arrangement.
4.4 Where the Requested Agency requires specific measures for protection of
confidential information it is to notify the Requesting 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.
5.1 Exchange of Information
5.1.1 It is in the common interests of the Agencies to share information
that will:
5.1.2 In furtherance of this common interest the Agencies are to, on a
regular basis, exchange and provide information in relation to:
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 important interests of that other. In
respect of investigations by agencies other than the Agencies, each of the
Agencies is to notify the other whenever it becomes aware that an
investigation, enforcement or related activity of an agency may affect
important interests of that other. Each of the Agencies is to, in
particular, notify the other when they make enquiries of persons located in
the other's jurisdiction.
5.2.2 Notifications are to include sufficient information to facilitate a
proper evaluation by the recipient agency of any effect of such interest
and the other agency is free to follow up with the notifying agency for any
further information.
5.2.3 A notification in respect of any investigation is to be made to the
Chairperson of the respective party.
5.3 Assistance in enforcement and related activities
5.3.1 The assistance available under this Arrangement includes:
(a) providing access to information in the files of the Requested 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, preparing
witness statements, conducting formal interviews and obtaining
information and documents on behalf of the Requesting Agency. Where
that assistance cannot be provided because of the laws governing the
Requested Agency, the Requested Agency is to advise accordingly.
(c) coordination of enforcement activities when the Agencies agree that
would be beneficial in a particular case. In determining whether a
particular enforcement activity should be coordinated the parties are
to take account of the following:
In any coordination arrangement each agency is to conduct its activities
expeditiously and insofar as possible consistent with the objectives of the
other agency.
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:
6.3 The Requested Agency is to acknowledge the request for administrative
assistance, and expeditiously provide that assistance in accordance with
its procedures.
7.1 The Agencies will arrange visits and/or the exchange of staff as
appropriate.
8.1 The Agencies are to develop cooperative arrangements in relation to:
9.1 Within the framework of its own laws, and to the extent compatible with
its own interests, each agency is to seek at all stages in its activities
to take into account the important interests of the other. Where there are
any instances where the other's interests may be impinged, urgent and
immediate consultation should take place.
10.1 This Arrangement is to be reviewed annually and an agreed report
prepared on the cooperation and coordination between the Agencies for each
12 month period. Such a review is to be undertaken on the anniversary of
the signature of this Arrangement.
10.2 Each agency can terminate this Arrangement with 30 days written
notice.
For the Taipei Economic and For the Australian Commerce and
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