Details of CPSC Product Safety MOUs with Hong Kong & Australia

CPSC Chairman Inez Tenenbaum signed both MOUs with product safety regulators during visits to Hong Kong and Sydney to discuss the need for global improvements in consumer product safety.

MOUs Put Formal Structures in Place for Info Sharing, Regulations, Etc.

The MOUs with Australia and Hong Kong put formal structures into place for information sharing about recalled products, consumer product regulations, product testing requirements and product safety campaigns. The MOUs also allow regulators to work more easily toward compatible product safety standards.

U.S.-Hong Kong MOU

U.S. and Hong Kong Agree to Exchange Info, Explore Areas of Cooperation

The MOU states that the U.S. and Hong Kong understand that any and all activities under the MOU are subject to the availability of funds and resources, and the laws governing the U.S. and Hong Kong. Both intend to:

• Voluntary exchange unrestricted information and documents relating to consumer product safety and the welfare and awareness of consumers;
• Develop and/or participate in training programs for officials of either side dealing with the subject of consumer product safety;
• Explore areas of cooperation in multilateral organizations and at events related to product safety; and
• Establish a work plan to conduct the activities under this MOU.

Participants to Meet Periodically

To derive maximum benefit from this MOU, the U.S. and Hong Kong hope to meet periodically through delegations at the appropriate level. The meetings should help to advance the activities of this MOU and other mutually determined programs and facilitate the planning of additional programs in the future.

MOU to Last for Three Years

Cooperation under the U.S.-Hong Kong MOU is expected to begin on the date of signature by the U.S. and Hong Kong (January 11, 2011) and to continue for a period of three years. The U.S. and Hong Kong intend to undertake a review of the cooperative relationship under the MOU on or before the third anniversary date of this MOU. The U.S. and Hong Kong intend to provide the other with at least 30 days notice of its decision to end its participation under the MOU.

U.S.-Australia MOU

U.S. and Australia Agree to Improve Compliance, Align Requirements, Etc.

Under the U.S. and Australia MOU, voluntary joint activities may include, but need not be limited to, cooperation:

• To improve compliance with the relevant consumer product safety requirements in the U.S. and Australia;
• To improve market surveillance and other enforcement mechanisms;
• To enhance and strengthen the sharing and exchange of public regulatory information where legally appropriate; and
• To assess product safety risks and to align consumer product safety requirements when product safety can be enhanced.

To Exchange Information on Regulatory Cooperation, Public Info

The U.S. and Australia intend to exchange public information and develop cooperative activities. These information exchanges and cooperative activities may include, but are not necessarily limited to:

Regulatory cooperation. The U.S. and Australia intend to ensure that the other is aware of its existing public or evolving standards-related measures that have the potential to be made compatible with those of the other. The U.S. and Australia welcome discussions on how such measures may be made compatible.

Sharing information. On a voluntary basis, the U.S. and Australia may choose to share information that is within the mandate and legal authority of the two countries on regulations, procedures, policies, etc.

Training and outreach. The U.S. and Australia intend to consider, on a case-by-case basis, and subject to resources and other limitations, training programs and other capacity building activities that are mutually beneficial.

Employee exchange. The U.S. and Australia intend to further facilitate the information sharing and training outlined in the MOU by enabling the exchange of employees where mutually feasible and consistent with law, policies, and mission priorities.

Joint programs. The U.S. and Australia intend to explore the possibility of engaging in joint recalls, market surveillance, and other product safety initiatives, when mutually feasible, practicable, and legally appropriate.

MOU to Last for Two Years

Cooperation under the U.S.-Australia MOU is intended to begin on the date of signature by the U.S. and Australia (January 13, 2011 for the U.S. and December 23, 2010 by Australia) and expires after two years unless renewed by the two countries. The MOU may be modified by mutual consent of the U.S. and Australia and may be discontinued earlier by either country upon a 30-day written notification to the other.

The U.S. and Australia intend to establish a work plan to conduct the activities under this MOU.

(See ITT’s Online Archives or 01/26/11 news, 11012620, for BP summary announcing the CPSC signed these MOUs.)