EXCHANGE OF LETTERS BETWEEN THE TAIPEI ECONOMIC AND CULTURAL OFFICE AND AUSTRALIAN COMMERCE AND INDUSTRY OFFICE FOR THE MUTUAL RECOGNITION ARRANGMENT FOR EQUIPMENT COVERED BY THE ELECTROMAGNETIC ENERGY(EME) HEALTH EXPOSURE REGULATORY ARRANGEMENT-1

Mr Steve WatersRepresentativeAustralian Commerce and Industry OfficeThe President International Tower27th-28th Floors #9-11Song Gao Road, TaipeiDear Mr. Waters,RE: Australia and Taiwan EME MRAI am delighted to acknowledge the results of the recentdiscussions between representatives of the AustralianCommunications and Media Authority (ACMA) and the TaipeiEconomic and Cultural Office (TECO) on the subject of a mutualrecognition arrangement for equipment covered by theElectromagnetic Energy (EME) health exposure regulatoryarrangement. The arrangement, as embodied in your letter and inthis letter, shall become effective upon ACIO’s receipt of thisletter.I am pleased to inform you that the National CommunicationsCommission (NCC) is the designating authority in Taiwan for thisproject, and is able to implement an arrangement with theAustralian Communications and Media Authority (ACMA). TECOconfirms that Taiwan will apply the general provisions, AppendixA, and Phase I Procedures in Appendix B of the Asia-PacificEconomic Cooperation Mutual Recognition Arrangement of theConformity Assessment of Telecommunications Equipment (APEC TELMRA) to equipment covered by this letter.Your letter, and this letter, will constitute the abovementionedarrangement to recognize EME health exposure testing performedby mutually recognized competent conformity assessment bodiesfor radiocommunication products used against the human head,such as cellular and cordless phones.This bilateral EME-MRA, which will come into effect on the datethat you receive this letter, will allow products manufacturedor tested in Taiwan with a test report issued by a recognizedCAB to enter the Australia market without requiring retesting.The MRA is based on mutual recognition of accredited CABs beingcapable of testing and meeting each other’s EME standard. Underthis MRA, both ACMA and NCC recognize the limits of humanexposure developed by the International Council on Non-IonizingRadiation Protection (ICNIRP) guidelines.The National Association of Testing Authorities (NATA) is a bodywith whom Taiwan Accreditation Foundation (TAF) has a mutualrecognition arrangement. NCC will accept test reports fromrecognized CABs accredited by NATA, for the implementation ofthis project in Australia, for the technical regulations andspecific standards covered in the Annex of this letter.TECO, or NCC on behalf of TECO, will notify your office fromtime to time of any modifications to the Annex of this letter.The contact officer for this project in NCC is Mr. James Lou,the Senior Technical Specialist of Technologies AdministrationDivision.This letter represents the understandings of TECO and yourletter in response to it noting ACIO’s understanding that:ACMA will be able to implement the APEC TEL MRA Phase I foraccepting test reports issued by CABs (Taiwan) to equipmentdescribed in this letter in accordance with Australia’s EMEregulations (the Annex in your letter);Taiwan will be able to apply the above mentioned provisions ofthe APEC TEL MRA Phase I for accepting test reports issued byCABs (Australia) to equipment described in this letter inaccordance with Taiwan’s EME regulations (the Annex in thisletter).Yours sincerelyDr Gary Song-Huann LINRepresentativeTaipei Economic and Cultural OfficeUnit 8, Tourism House40 Blackall StreetBARTON ACT 2600Annex: List of Taiwan’s EME RegulationsThe SAR value Legislative instruments are:1. Chinese National Standard (CNS)14959: Limits for exposure to time-varying electric magnetic and electromagnetic field (up to 300 GHz).2. CNS14958-1: Human exposure to radio frequency fields from hand-held and body-mounted wireless communication devices — Human models. Instrumentation, and procedures — Part 1 procedure to determine the specific absorption rate (SAR) for hand-held devices used in close proximity to the ear (frequency range of 300MHz-3GHz).NCC recognizes test methodology EN62209-1 and is able torecognize the assessment methodology of ACMA’s EME standard :Radiocommunications(Electromagnetic Radiation-Human Exposure)Amendment Standard 2007 (No.1) as it is identical to EN62209-1.NCC will accept test reports from recognized CABs when the testreports demonstrate compliance with EN62209-1 and the exposurestandard.19 October 2007RE: ACMA2005/96Dr Gary Song-Huann LINRepresentativeTaipei Economic and Cultural OfficeUnit 8, Tourism House40 Blackall StreetBARTON ACT 2600Dear Dr Lin:RE: Australia and Taiwan EME MRAI refer to the recent discussions between representatives of theAustralian Communications and Media Authority (ACMA) and theTaipei Economic and Cultural Office (TECO) in Australia on thesubject of a mutual recognition arrangement for equipmentcovered by the Electromagnetic Energy (EME) health exposureregulatory arrangement.Further to these discussions, I am pleased to inform you thatthe Australian Commerce and Industry Office (ACIO), acting onbehalf of the Australian Communications and Media Authority(ACMA), will be able to implement an arrangement with theNational Communications Commission (NCC) of Taiwan.ACIO confirms that Australia will apply the general provisionsin Appendix A and Phase 1 Procedures in Appendix B of theAsia-Pacific Economic Cooperation Mutual Recognition Arrangementof the Conformity Assessment of Telecommunications Equipment(APEC TEL MRA) to equipment covered by this letter.This letter and your letter in reply in accepting its termsconstitute the above mentioned arrangement to recognise EMEhealth exposure testing performed by mutually recognisedcompetent conformity assessment bodies for radiocommunicationproducts used against the human head, such as cellular andcordless phones.This arrangement takes effect on the date that I receive yourletter in reply as an understanding between ACMA and NCC underthe terms of the APEC Telecom MRA, that ACMA and NCC will applythe Phase 1 Procedures in Appendix B for the mutual recognitionof testing laboratories for the acceptance of test reports fromrecognised Conformity Assessment Bodies (CABs) designated forEME health exposure conformity assessment of portableradiocommunications products used against the human head.This bilateral EME-MRA will allow products manufactured ortested in Australia with a test report issued by a recognisedCAB to enter the Taiwan market without requiring retesting. TheMRA is based on the mutual recognition of accredited testingfacilities being capable of testing and meeting each other’sEME standard. Under this MRA, both ACMA and NCC recognise thelimits of human exposure developed by the InternationalCommission for Non-Ionising Radiation Protection (ICNIRP)guidelines.Taiwan Accreditation Foundation (TAF) is a body with whom theNational Association of Testing Authorities (NATA) has a mutualrecognition arrangement and is a NATA-MRA partner. ACMA willaccept test reports from recognised CABs accredited by TAF theaccreditation body, for the implementation of this project inTaiwan, for the technical regulations and specific standardscovered in the Annex of this letter.ACIO (on behalf of ACMA) may notify your office from time totime of any modifications to the Annex of this letter. Thecontact person for matters regarding this EME –MRA in ACMA isDr Marlene Edmondson, Manager of the EME and TelecommunicationsInfrastructure Section, Regulation and Compliance Branch, InputsDivision, Canberra.This letter represents the understandings of ACIO and yourletter in response to it noting TECO’s understanding that:NCC will be able to implement the APEC TEL MRA Phase 1 foraccepting test reports issued by CABs (Australia) to equipmentdescribed in this letter in accordance with Taiwan’s EMEregulations (the Annex in your letter); andAustralia will beable to apply the above mentioned provisions of the APEC TEL MRAPhase 1 for accepting test reports issued by CABs (Taiwan) toequipment described in this letter in accordance with Australia’s EME regulations (the Annex in this letter).Yours sincerelyMr Steve WatersRepresentativeAustralian Commerce and Industry OfficeThe President International Tower,27th-28th Floors #9-11Song Gao Road,TAIPEIAnnex: List of Australia’s EME RegulationsThe EME legislative instruments are:1. Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2003.2. Radiocommunications (Electromagnetic Radiation – Human Exposure) Amendment Standard 2007 (No. 1).3. Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Notice 2003.Conformity assessment under the APEC TEL MRA is conductedagainst the importing Party’s requirements whether they arealigned with those of the exporting country or not and the wholepremise of the APEC-TEL MRA is built on mutual acceptance of andconfidence in each others test houses.For this bilateral MRA, Australia and Taiwan EME standards arecurrently aligned which will make the task simpler forconformity assessment bodies and suppliers.ACMA’s Radiocommunications (Electromagnetic Radiation – HumanExposure) Standard 2003 (the Exposure Standard) requires a rangeof mobile and portable transmitter devices, such as cellular andcordless phones to comply with the Australian RadiationProtection and Nuclear Safety Agency (ARPANSA) RadiationProtection Standard “Maximum Exposure Levels to RadiofrequencyFields 3kHz to 300 GHz”.With the Radiocommunications (Electromagnetic Radiation – HumanExposure) Amendment Standard 2007 (No. 1), ACMA recognises testmethodology EN 62209-1 and is able to recognise the assessmentmethodology of EME standard CNS 14958-1 as it is identical to EN62209-1. ACMA will accept test reports from recognised CABs whenthe test reports demonstrate compliance with EN62209-1 and theExposure Standard.