MEMORANDUM OF UNDERSTANDING

Monday, January 15th, 2018

BETWEEN THE MINISTRY OF AGRICULTURE, FOOD AND FORESTRY OF THE KINGDOM OF TONGA AND THE GENERAL ADMINISTRATION OF QUALITY SUPERVISION, INSPECTION AND QUARANTINE OF THE PEOPLE’S REPUBLIC OF CHINA ON COOPERATION IN THE FIELD OF ENTRY AND EXIT ANIMAL AND PLANT INSPECTION AND QUARANTINE

The Memorandum of Understanding took place on the 13th Nov, 2017  Maff’s Headquarter, with a view to effectively preventing the entry and spread of pests and epidemic diseases of animals and plants from one contracting Party into the other, protecting the production of agriculture, forestry, animal husbandry and encouraged by the common will to promote and strengthen bilateral exchange and cooperation in the field of entry and exit animal and plant inspection and quarantine, the Ministry of Agriculture, Food and Forestry of the Kingdom of Tonga and the General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China (hereinafter referred to as “the Parties”), after consultation, have reached an understanding as follows:

Article 1- General Provisions

The Parties shall strengthen and promote bilateral cooperation in the field of entry and exit animal and plant inspection and quarantine. Activities under this Memorandum of understanding shall be in accordance with the respective laws and regulations of each Party, without prejudice to the rights and obligations pursuant to other signed international agreements.

Article 2- Content and Mode of Cooperation

The parties agree to:

1. Exchange experience in implementation of the WTO/SPS Agreement and cooperative information with relevant international organizations such as OIE, IPPC and CAC.
2. Communicate information about animal and plant inspection and quarantine, laws, regulations, standards, other measures in this field, a list of their quarantine pests, the information of animal diseases, as well as pest and animal disease free areas and other measures.
3. Exchange visit, technologies, expertise and conduct joint seminars and training courses in the field of animal and plant inspection and quarantine.
4. Conduct collaborative research in the field of entry and exit animal and plant inspection and quarantine. Especially strengthen cooperation and exchanges in the field of quarantine (border security) with specific reference to passenger belongings and international postal articles. Establish a mechanism for the cooperation and communication on quarantine and detector dog.
5. Establish an alert mechanism on animal and plant inspection and quarantine; timely notify each other the incidence/occurrence of animal diseases and plant pests within their own territories.
6. Make every effort to take appropriate measures to promptly resolve the emerging issues which affect the bilateral trade based on full consultation, assuring security both scientifically and reasonably, whereas not affecting the smooth trade.

Article 3- Implementation

1. Working Groups may be set up when mutually considered to be necessary. These Working Groups shall be responsible for the specific exchanges and activities in the field of entry and exit animal and plant inspection and quarantine, including planning, implementation, monitoring and cooperation.
2. Timely meetings of the Working Groups shall be held as required to deal with the important matters arising from bilateral cooperation and to coordinate or resolve the entry and exit animal and plant inspection and quarantine issues of common concern or interest of any Party promptly through dialogue and consultation. The date, place, procedure and agenda of the meeting shall be decided through mutual consultation.
3. The executing and coordinating agencies of this Memorandum of understanding shall be:
   • the General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China For Tonga:
   •  the Ministry of Agriculture, Food and Forestry of the Kingdom of Tonga

Article 4- Financial Arrangements

The Parties shall mobilize the fund for their own respective participation in activities carried out under this Memorandum of understanding, including expenses of travel and accommodations, unless they make other arrangements.

Article 5- Settlement of Disputes

In case of disagreement or dispute arising from the interpretation, implementation and/or application of this Memorandum of understanding, the Parties agree to resolve it through friendly consultation. This Memorandum of understanding may be amended or supplemented at any time upon mutual agreement of the Parties in writing.

Article 6- Application, Expiry Date and Termination

This Memorandum of understanding shall enter into force on the date it has been duly signed and shall be valid for a period of five years. It shall be automatically extended for another period of five years unless one Party requests its termination by notifying the other Party in writing six months prior to the date of expiration.

This MOU is signed on November 13^th, in Nukualofa, in duplicate, each in Chinese and English languages, all texts being equally authentic. In case of divergence in interpretation, the English text shall prevail.

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