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title: MEMORANDUM OF UNDERSTANDING BETWEEN THE TAIPEI ECONOMIC AND CULTURAL OFFICE IN CANBERRA AND THE AUSTRALIAN COMMERCE AND INDUSTRY OFFICE IN TAIPEI REGARDING COOPERATION IN AVIATION SAFETY
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content: MEMORANDUM OF UNDERSTANDING
BETWEEN
THE TAIPEI ECONOMIC AND CULTURAL OFFICE IN CANBERRA
AND
THE AUSTRALIAN COMMERCE AND INDUSTRY OFFICE IN TAIPEI
REGARDING
COOPERATION IN AVIATION SAFETY

The Taipei Economic and Cultural Office in Canberra (TECO) and the Australian Commerce and Industry Office in Taipei (ACIO) (hereinafter referred to as the "Parties") have reached the following understanding concerning cooperation between the Aviation Safety Council in Taipei (ASC) and the Bureau of Air Safety Investigation (BASI) in canberra (hereinafter referred to as the "Implementing Agencies").

This Memorandum expresses the specific understanfing of the Implementing Agencies conderning cooperation in the field of civil air safety accident and serious incident (hereinafter referred to as "occurrence") investigation for the enhancement of regional aviation safety. The Memorandum also reinforces the spirit and intent of the International Civil Aviation Organization (ICAO) international standards and recommended practices for occurrence investigation inquiries as prescribes in Annex 13 to the Convention on International Civil Aviarion (Chicago, 1944). Furthermore, the Memorandum sets out provisions for cooperation in accident prevention, system safety, confidential incident reporting, database development, exchange of information, training and communication.

The Implementing Agencies jointly decide to afhere to the Standards and Recommended Practices ser out in ICAO Annex 13 (as described in paragraph 1 of this Memorandum) concerning accident and serious incidenr investigation. This Memorandum sets out the procedural arrangements for cooperation between the Implementing Agencies pursuant to Annex 13 to the Chicago Convention.
SCOPE

This Memorandum covers the following occurrences:

Civil aircraft of the Territory of one of the Implementing Agencies to the Memorandum having an accident or serious incident in the Territory of the other Agency, and where this latter Agency has instituted an investigation.
civil aircraft of the territory of one of the Implementing Agencies to the Memorandum having an accident or serious incident in the Territory of this Agency, and where this Agency has instituted an investigation.
Civial aircraft of a Territory other than the Territories of the Implementing Agencies to the Memorandum having an accident or serious incident in the Territory of one of the Agencies and when this agency has instituted an investigation.
Civil aircraft of the Territory of one of the Implementing Agencies of the Memorandum having an accident or incident in a Territory other than the Territory of the Agencies, where this latter Teritory has instituted an investigation.
PROCEDURAL ARRANGEMENTS

In the case of paragraph 3(a) of this Memorandum, the Implementing Agency of the Territory of occurrence will, in accordance with the provisions of Chapter 4 of Annex 13 to the Chicage Convenrion, notify the other Party of the occurence with a minimum of delay. This Memorandum constitutes a standing invitation from the Implementing Agency of the Territory of occurrence to the other Agency for an accredited representative and approprite advisors to participate in the investigation. When notified, the other Agency will communicate to the Agency of Territory of occurrence with a minimum of delay, the details of persons who will participate in the investigation.

In the case of paragraphs 3(b) and (c) of this Memorandum, the Implementing Agency of the Territory of occurence will notify the other Agency. This Memorandum constitutes a standing invitation from the Agency of the Territory of occurrence to the other Agency to participate as advisors to the Agency of Territory of occurrence. When notified, the other Agency will communicate to the Agency of the Territory of occurrence with a minimun of delay, the details of the persons who will participate as advisors in the investigation.

In the case of paragraphs 3(a), (b) and (c) of this Memorandum, whether or not the other Implementing Agency participates in the investigation , the Agency of the Territory of occurrence will Provide the other Agency with a copy of the draft report of the investigation prior to the finalization of the report . The Agency of the Territory of occurrence will give the other Agency 28 days from the date of receipt of the draft report in which to comment on it. This period may be extended by mutual consent of the Parties. The Agency of the Territory of occurrence has final control over the pub1ic release of any findings of the investigation.

In the case of paragraph 3(d) of this Memorandum, the Implementing Agency whose Territory′s aircraft is involved in the occurrence will notify the other Agency. This Memorandum constitutes a standing invitation from the Agency whose Territory′s aircraft is involved in the occurrence to the other Agency. This invites the members of this latter Agency to participate as advisors to the accredited representative of the former Agency in the investigation conducted by the third-party Territory. When notified, the latter Agency will communicate to the former Agency with a minimum of delay, the details of the persons who will participate as advisors to the former Agency.
PROVISION OF ASSISTANCE

The Implementing Agencies will offer assistance and the use of air safety investigation facilities and assets to each as deemed appropriate. This assistance will include expertise in the areas of air traffic services, engineering, operations, flight recorders, human performance, organization and management.

The Implementing Agencies will offer assistance, specifically expertise. facilities and equipment as appropriate for the development and the ongoing facilitation of programs in the areas of accident prevention, system safety, confidential incident and mandatory reporting, and information systems.

The Implementing Agencies will, where practical, invite each other′s investigators to attend general or specialist investigation courses and training conducted by them.
OTHER ARRANGEMENTS

The funding required for the implementation of the understandings set out in this Memorandum will be the responsibility of the Implementing Agency invited to participate in the investigation or to attend the training course, unless otherwise arranged between the Agencies.
SETTLEMENT OF DIFFERENCES

Any differences arising out of the interpretation or implementation of this Memorandum will be settled amicably and without unreasonable delay between the Parties.

This Memorandum may be amended at any time by mutual consent of the Parties and the Implementing Agencies.

This Memorandum will commence on the date of signing by both Panics and will remain in effect unless terminated by either Party giving the other Party three-month′s written notice of its intention to terminate.
In witness whereof the undersigned, being duly authorized by their respective authorities, have signed this Memorandum of Understanding.

Done in duplicate in the English language at Taipei, this 6th day of November of the year nineteen ninety-eight.