Enhanced Trade Partnership arrangement between Taiwan and the United Kingdom
Published 14 November 2023
AN ARRANGEMENT BETWEEN
THE TAIPEI REPRESENTATIVE OFFICE IN THE UNITED KINGDOM
AND
THE BRITISH OFFICE TAIPEI
ON ESTABLISHING AN ENHANCED TRADE PARTNERSHIP
BETWEEN TAIWAN AND THE UNITED KINGDOM
THE TAIPEI REPRESENTATIVE OFFICE IN THE UNITED KINGDOM (“UK”) AND THE BRITISH OFFICE TAIPEI (collectively, the “Participants” and each a “Participant”);
REAFFIRMING their respective rights and obligations under the World Trade Organisation (“WTO”) Agreements;
REAFFIRMING their faith in and commitment towards strengthening the rules-based international trading system;
REAFFIRMING their shared ambition to further strengthen bilateral trade and investment relations, building upon the well-established annual discussions between the Taiwan-UK (“Trade Talks”);
RECOGNISING the importance of seeking to reduce barriers to unlock the benefits of trade for their peoples and businesses, in particular micro, small and medium sized enterprises (“MSMEs”);
RECOGNISING the importance of fostering an open, fair, trusted, and secure digital environment that promotes consumer and business interests;
RECOGNISING the importance of enhancing bilateral cooperation and building best practices that support environmental sustainability and address climate-related challenges;
RECOGNISING the importance of establishing a foundation for addressing additional pillars and trade opportunities of mutual interest over time;
HAVE REACHED the following understanding:
1. Designated representatives
(a) For the British Office Taipei, the Designated Representative is identified as The Department for Business and Trade, United Kingdom.
(b) For the Taipei Representative Office in the UK, the Designated Representative is identified as the Office of Trade Negotiations, Executive Yuan, Taiwan.
2. Existing rights and obligations
The Participants reaffirm their rights and obligations under the WTO Agreements.
3. Objectives
(a) Through this Arrangement, the Participants establish an Enhanced Trade Partnership (“ETP”).
(b) The objectives of the ETP are to strengthen bilateral trade and investment relations between Taiwan and the United Kingdom, address barriers to trade, drive forward global best practice, support efforts to address climate change, and deepen cooperation at the bilateral and multilateral level.
4. Priority areas for focus and cooperation
(a) In furtherance of the principle of mutual benefit, the Participants intend to prioritise the following areas for focus and cooperation (the “Pillars”). Each Pillar will consist of a separate Arrangement between the Participants.
(b) The Pillars may cover, but are not limited to, the following:
(i) Investment - Bolster Taiwanese and UK leadership in supporting sustainable and responsible investment globally, for example through reaffirming existing multilateral instruments, and protecting investors and businesses from unfair competition and market distorting practices. Explore opportunities for two-way investment facilitation and promotion between Taiwan and the UK, as well as ongoing bilateral and multilateral cooperation to deepen the Participants’ investment relationship.
(ii) Digital Trade - Collaborate on areas of joint interest relating to digital trade, including digital technologies that facilitate trade, and address barriers to digital trade faced by businesses. Consider shared principles that underpin digital trade between Taiwan and the UK, highlighting the Participants’ shared vision for a modern and liberal trading environment, supporting innovation, open markets, and the global rules-based trading system. Collaborate on the digitalisation of trade, including by reaffirming the importance of continuing to develop a framework of international digital trade rules.
(iii) Renewable Energy and Net Zero - Drive forward decarbonisation through trade to support meeting both Participants’ net zero targets. Cooperate on green trade by developing energy infrastructure, supporting offshore wind deployment in Taiwan by developing ports capacity and financing models, and improving health and safety implementation. Collaborate in emerging energy technologies and seek to remove barriers to trade in environmental goods and services and work bilaterally to build a circular economy, develop skills and share best practice.
5. Addition of new pillars
The Participants will positively consider additional Pillars that meet the following criteria:
(i) Contribute to the objectives of this ETP;
(ii) Are of mutual interest to the Participants;
(iii) Do not infringe on any existing commitments or obligations of the Participants.
6. Information sharing and confidentiality
The Participants recognise that to facilitate the objectives of this ETP, information may pass between them. The sharing of information under this ETP is subject to the following provisions:
(i) The Participants may only use the information for purposes which further the objectives of this ETP.
(ii) The Participants may only disclose any part of the information to a third party if the Participant wishing to disclose the information seeks and obtains prior written consent from the other Participant, except in circumstances described below in subparagraph iii.
(iii) In circumstances where either Participant is legally obliged to disclose any information related to this ETP under applicable legislation, by court order (or for another reason) it will inform the other Participant before doing so.
7. Intellectual property
(a) The Participants acknowledge that any intellectual property brought by one Participant for the implementation of this ETP will remain the property of that Participant.
(b) In the event that any intellectual property rights should arise from activity carried out in accordance with this ETP, the Participants understand that it will be attributed and protected in accordance with the domestic laws applicable to the Participants, and it will be subject to separate and specific arrangements concluded between the Participants in relation to the specific activity.
8. Funding
The Participants understand that this ETP does not commit either Participant to financially support any activity carried out under its provisions.
9. Interpretation and application of this ETP
The Participants are committed to acting in good faith. Any disagreements between the Participants about the interpretation or application of this ETP will be settled amicably through consultation and negotiation between the Participants and will not be referred to any third party, court, or tribunal.
10. Review and business environment
(a) The Participants, through their Designated Representatives, may hold regular meetings to track the progress of the ETP Pillars and review and coordinate the implementation of the ETP to ensure that it is achieving its objectives and remains up-to-date and relevant for the growing Taiwan-UK relationship.
(b) In order to ensure that the ETP is effective, the Participants, through their Designated Representatives, may explore ways to promote further engagement between Taiwanese and UK businesses, including by explaining how to facilitate business-to-business links and collaborating on joint promotional events or other specific forms of business engagement and cooperation.
11. Commencement, amendment and termination
(a) This ETP will come into operation on the date of the later of the Participants’ signatures and will continue to have effect until it is terminated.
(b) The Participants may amend this ETP at any time upon their mutual written consent.
(c) Either Participant may terminate this ETP by providing 90 days’ written notice of its withdrawal to the other Participant.
The foregoing record represents the understandings reached between Taipei Representative Office in the UK, and The British Office Taipei, upon the matters referred to therein.