MEMORANDUM OF UNDERSTANDING The participants signing this Memorandum, RECOGNISING the challenges posed by cross-border Internet fraud, deception, and unfairness; RECOGNISING the desirability of more effective cross-border enforcement of consumer protection laws and regulations; RECOGNISING the desirability of enhancing consumer confidence in cross-border e-commerce; RECOGNISING the desirability of preventing consumer injury resulting from cross-border Internet fraud, deception, and unfairness; RECOGNISING the existence of certain current restrictions on international government cooperation, including restrictions on information sharing; and RECOGNISING that nothing in this Memorandum requires the participants to participate or provide support in a manner inconsistent with their respective national laws, law enforcement policies, or other important interests, HAVE REACHED THE FOLLOWING UNDERSTANDING: I: Definitions This Memorandum uses the following definitions:
II: Object and Scope of Project A. The Participants have decided to participate in a pilot project to develop and maintain:
B. This Memorandum is not intended to give rise to any rights on the part of any private person. III. Scope of Participation A. Public Site
B. Government Site
IV: Duration of Participation A. Participants expect to launch the Public Site in April 2001 in connection with the meeting of the International Marketing Supervision Network, and to implement additional aspects of the Project over the course of the subsequent months. B. The eConsumer.Gov Project is a pilot project. Participants intend to review the efficacy and value of the Project periodically over the next 12 to 24 months, and after that determine whether the Project should be modified in any way. C. A Participant should endeavor to provide 60 days written notice if it is ending its participation under this Memorandum. V: Language of Memorandum This Memorandum is signed in the English and French languages. SIGNATURE PAGE FOR THE MEMORANDUM OF UNDERSTANDING AMONG CERTAIN MEMBERS OF THE INTERNATIONAL MARKETING SUPERVISION NETWORK AND AFFILIATED AGENCIES ON PARTICIPATION IN THE "ECONSUMER.GOV" PILOT PROJECT Additional members of the IMSN/RICC, and government agencies participating in the OECD Committee on Consumer Policy, may become participants in the eConsumer.gov Project by executing this Memorandum. Other government entities may become participants in the Project by executing this Memorandum as long as no Participant objects. Pursuant to Paragraphs (A)(1)(v) and (B)(1)(iv), the undersigned intends to:
SIGNATURE PAGE FOR THE MEMORANDUM OF UNDERSTANDING AMONG CERTAIN MEMBERS OF THE INTERNATIONAL MARKETING SUPERVISION NETWORK AND AFFILIATED AGENCIES ON PARTICIPATION IN THE "ECONSUMER.GOV" PILOT PROJECT Additional members of the IMSN/RICC, and government agencies participating in the OECD Committee on Consumer Policy, may become participants in the eConsumer.gov Project by executing this Memorandum. Other government entities may become participants in the Project by executing this Memorandum as long as no Participant objects.
SIGNATURE PAGE FOR THE MEMORANDUM OF UNDERSTANDING AMONG CERTAIN MEMBERS OF THE INTERNATIONAL MARKETING SUPERVISION NETWORK AND AFFILIATED AGENCIES ON PARTICIPATION IN THE "ECONSUMER.GOV" PILOT PROJECT Additional members of the IMSN/RICC, and government agencies participating in the OECD Committee on Consumer Policy, may become participants in the eConsumer.gov Project by executing this Memorandum. Other government entities may become participants in the Project by executing this Memorandum as long as no Participant objects. Pursuant to Paragraphs (A)(1)(v) and (B)(1)(iv), the undersigned intends to:
SIGNATURE PAGE FOR THE MEMORANDUM OF UNDERSTANDING AMONG CERTAIN MEMBERS OF THE INTERNATIONAL MARKETING SUPERVISION NETWORK AND AFFILIATED AGENCIES ON PARTICIPATION IN THE "ECONSUMER.GOV" PILOT PROJECT Additional members of the IMSN/RICC, and government agencies participating in the OECD Committee on Consumer Policy, may become participants in the eConsumer.gov Project by executing this Memorandum. Other government entities may become participants in the Project by executing this Memorandum as long as no Participant objects. Pursuant to Paragraphs (A)(1)(v) and (B)(1)(iv), the undersigned intends to:
SIGNATURE PAGE FOR THE MEMORANDUM OF UNDERSTANDING AMONG CERTAIN MEMBERS OF THE INTERNATIONAL MARKETING SUPERVISION NETWORK AND AFFILIATED AGENCIES ON PARTICIPATION IN THE "ECONSUMER.GOV" PILOT PROJECT Additional members of the IMSN/RICC, and government agencies participating in the OECD Committee on Consumer Policy, may become participants in the eConsumer.gov Project by executing this Memorandum. Other government entities may become participants in the Project by executing this Memorandum as long as no Participant objects.
SIGNATURE PAGE FOR THE MEMORANDUM OF UNDERSTANDING AMONG CERTAIN MEMBERS OF THE INTERNATIONAL MARKETING SUPERVISION NETWORK AND AFFILIATED AGENCIES ON PARTICIPATION IN THE "ECONSUMER.GOV" PILOT PROJECT Additional members of the IMSN/RICC, and government agencies participating in the OECD Committee on Consumer Policy, may become participants in the eConsumer.gov Project by executing this Memorandum. Other government entities may become participants in the Project by executing this Memorandum as long as no Participant objects. Pursuant to Paragraphs (A)(1)(v) and (B)(1)(iv), the undersigned intends to:
SIGNATURE PAGE FOR THE MEMORANDUM OF UNDERSTANDING AMONG CERTAIN MEMBERS OF THE INTERNATIONAL MARKETING SUPERVISION NETWORK AND AFFILIATED AGENCIES ON PARTICIPATION IN THE "ECONSUMER.GOV" PILOT PROJECT Additional members of the IMSN/RICC, and government agencies participating in the OECD Committee on Consumer Policy, may become participants in the eConsumer.gov Project by executing this Memorandum. Other government entities may become participants in the Project by executing this Memorandum as long as no Participant objects. Pursuant to Paragraphs (A)(1)(v) and (B)(1)(iv), the undersigned intends to:
SIGNATURE PAGE FOR THE MEMORANDUM OF UNDERSTANDING AMONG CERTAIN MEMBERS OF THE INTERNATIONAL MARKETING SUPERVISION NETWORK AND AFFILIATED AGENCIES ON PARTICIPATION IN THE "ECONSUMER.GOV" PILOT PROJECT Additional members of the IMSN/RICC, and government agencies participating in the OECD Committee on Consumer Policy, may become participants in the eConsumer.gov Project by executing this Memorandum. Other government entities may become participants in the Project by executing this Memorandum as long as no Participant objects. Pursuant to Paragraphs (A)(1)(v) and (B)(1)(iv), the undersigned intends to:
SIGNATURE PAGE FOR THE MEMORANDUM OF UNDERSTANDING AMONG CERTAIN MEMBERS OF THE INTERNATIONAL MARKETING SUPERVISION NETWORK AND AFFILIATED AGENCIES ON PARTICIPATION IN THE "ECONSUMER.GOV" PILOT PROJECT Additional members of the IMSN/RICC, and government agencies participating in the OECD Committee on Consumer Policy, may become participants in the eConsumer.gov Project by executing this Memorandum. Other government entities may become participants in the Project by executing this Memorandum as long as no Participant objects. Pursuant to Paragraphs (A)(1)(v) and (B)(1)(iv), the undersigned intends to:
SIGNATURE PAGE FOR THE MEMORANDUM OF UNDERSTANDING AMONG CERTAIN MEMBERS OF THE INTERNATIONAL MARKETING SUPERVISION NETWORK AND AFFILIATED AGENCIES ON PARTICIPATION IN THE "ECONSUMER.GOV" PILOT PROJECT Additional members of the IMSN/RICC, and government agencies participating in the OECD Committee on Consumer Policy, may become participants in the eConsumer.gov Project by executing this Memorandum. Other government entities may become participants in the Project by executing this Memorandum as long as no Participant objects. Pursuant to Paragraphs (A)(1)(v) and (B)(1)(iv), the undersigned intends to:
SIGNATURE PAGE FOR THE MEMORANDUM OF UNDERSTANDING AMONG CERTAIN MEMBERS OF THE INTERNATIONAL MARKETING SUPERVISION NETWORK AND AFFILIATED AGENCIES ON PARTICIPATION IN THE "ECONSUMER.GOV" PILOT PROJECT Additional members of the IMSN/RICC, and government agencies participating in the OECD Committee on Consumer Policy, may become participants in the eConsumer.gov Project by executing this Memorandum. Other government entities may become participants in the Project by executing this Memorandum as long as no Participant objects. Pursuant to Paragraphs (A)(1)(v) and (B)(1)(iv), the undersigned intends to:
SIGNATURE PAGE FOR THE MEMORANDUM OF UNDERSTANDING AMONG CERTAIN MEMBERS OF THE INTERNATIONAL MARKETING SUPERVISION NETWORK AND AFFILIATED AGENCIES ON PARTICIPATION IN THE "ECONSUMER.GOV" PILOT PROJECT Additional members of the IMSN/RICC, and government agencies participating in the OECD Committee on Consumer Policy, may become participants in the eConsumer.gov Project by executing this Memorandum. Other government entities may become participants in the Project by executing this Memorandum as long as no Participant objects.
SIGNATURE PAGE FOR THE MEMORANDUM OF UNDERSTANDING AMONG CERTAIN MEMBERS OF THE INTERNATIONAL MARKETING SUPERVISION NETWORK AND AFFILIATED AGENCIES ON PARTICIPATION IN THE "ECONSUMER.GOV" PILOT PROJECT Additional members of the IMSN/RICC, and government agencies participating in the OECD Committee on Consumer Policy, may become participants in the eConsumer.gov Project by executing this Memorandum. Other government entities may become participants in the Project by executing this Memorandum as long as no Participant objects.
Annex Model Consumer Sentinel Network Confidentiality Agreement in Connection with Memorandum of Understanding Between Certain Members of the International Marketing Supervision Network and Affiliated Agencies on Participation in the "eConsumer.Gov" Pilot Project ("eConsumer.Gov Confidentiality Agreement") This agreement is entered into between the United States Federal Trade Commission ("FTC") and the [Insert Name of Agency] ("signing party"), and in furtherance of the Memorandum to Participate in the eConsumer.Gov Project ("eConsumer.Gov Memorandum"), signed on April __, 2001. The purpose of this agreement is to facilitate the confidential exchange of consumer complaint information, including information about cross-border consumer fraud and deception perpetrated through the Internet, under the conditions set forth below. The Consumer Sentinel Network 1. The FTC, in conjunction with various other government and private organizations, has developed Consumer Sentinel, an automated database maintained by the FTC that stores consumer complaint data and other investigatory information provided by consumers, participating law enforcement agencies, and other contributors about consumer fraud and deception. Pursuant to the Identity Theft and Assumption Deterrence Act of 1998, 18 U.S.C. § 1028, the FTC also has developed the Identity Theft Data Clearinghouse--an automated database to store investigatory information provided by consumers, participating law enforcement agencies, and other contributors about identity theft. The information contained in the both databases is known collectively as Consumer Sentinel Network information. The FTC makes information contained in Consumer Sentinel and the Identity Theft Data Clearinghouse available through the "Consumer Sentinel Network." 2. The Consumer Sentinel Network is an international, multi-agency project, maintained by the FTC, whose partners include the National Association of Attorneys General, the National Consumers League, Better Business Bureaus, the U.S. Postal Inspection Service, Canada's PhoneBusters, the San Diego Boiler Room Task Force, and the Australian Competition and Consumer Commission. This information exchange program is consistent with Section 6 (f) of the Federal Trade Commission Act, 15 U.S.C. § 46(f), Commission Rules 4.6, 4.10, and 4.11(c) and (d), 16 C.F.R. §§ 4.6, 4.10, and 4.11(c) and (d) (2000), and the Privacy Act of 1974, as amended, 5 U.S.C. § 552a. 3. The information contained in the Consumer Sentinel Network does not include confidential commercial material, but is limited to information derived primarily from consumer complaints and other information gathered during identity theft, fraud, and other consumer protection investigations. This information may include, among other things, the names of companies and company representatives; the identity of the products or services involved; the status of ongoing law enforcement actions; and the names and telephone numbers of assigned staff. Data Contribution 4. The primary source of data for the eConsumer.Gov Project are consumers worldwide who provide complaint information for the Network through the eConsumer.Gov online complaint form. The signing party and other data contributors also may enter relevant information into the Network through the use of computer terminals located in their offices or by providing such information to the FTC or its designated agent, who will input such data into the system. Where necessary, the FTC or its designated agent subsequently loads this information into the automated databases. The incoming data and automated databases are controlled by the FTC. 5. Consistent with its national laws, law enforcement policies, and other practices, the signing party undertakes to explore the provision of relevant and appropriate consumer complaints and other information for inclusion in the Network. Access to Consumer Sentinel Network Information Information in the Consumer Sentinel Network shall be made available as follows: 6. Unless set forth by separate agreement or otherwise decided by the FTC, the signing party will have access only to complaint data entered directly by consumers through the eConsumer.Gov Internet Web site, entered by the signing party, or provided by data contributors who indicate their intention to make such data available to participants in the eConsumer.Gov Project (collectively "eConsumer.Gov Data"). 7. Appropriate eConsumer.Gov Data will become part of the Consumer Sentinel database. eConsumer.Gov Data will be made available through the Consumer Sentinel Network to Consumer Sentinel members, defined as entities that (a) are law enforcement agencies, which may include regulatory agencies or consumer ombudsman's offices; and (b) have signed the eConsumer.Gov Confidentiality Agreement or another Consumer Sentinel confidentiality agreement. Confidentiality and Use of Consumer Sentinel Network Information 8. All parties participating in this information exchange system do so with the understanding that all Consumer Sentinel Network information will be kept confidential. In particular, the signing party agrees not to release information contained in the Network to anyone other than its employees, consultants, and contractors, or bona fide law enforcement agency personnel who are bound by this agreement and have a need to know such information. 9. The signing party is a law enforcement agency, which may include a regulatory agency or consumer ombudsman's office, and agrees to use the Consumer Sentinel Network information to which it has access under paragraph 6 of this agreement only in connection with such law enforcement purposes. 10. Except as required or authorized by law, otherwise set forth in this agreement, or otherwise agreed to with the entity contributing data, the FTC agrees not to release information either (a) obtained through the eConsumer.Gov Web site or (b) provided by Consumer Sentinel members as part of the eConsumer.Gov Project, to anyone other than law enforcement members of Consumer Sentinel and their employees, consultants, and contractors, with a need to know such information. 11. Should the FTC receive an official request from another law enforcement agency or the U.S. Congress(1) or be directed to furnish information in the Consumer Sentinel Network to a non-participant by a court of competent jurisdiction, the FTC may furnish that information subject to applicable statutory restrictions and in a manner consistent with the need to preserve the confidentiality of that information. In addition, the FTC may release certain information in compliance with requests under the United States Freedom of Information Act, 5 U.S.C. § 552 (1994 & Supp. IV 1998). The FTC also will make aggregate statistics available to Consumer Sentinel members upon request and will continue to release trend data to the general public. 12. The signing party agrees that should it receive a request for access to this material or should that information become subject to compulsory process, it will immediately notify the FTC contact person as set forth in Paragraph 13 of this agreement of these facts so that a timely decision can be made on whether to furnish the requested information and, if the information is to be furnished, how to furnish it in a manner that will preserve its confidentiality. 13. The FTC has appointed the Associate Director for Planning and Information, Bureau of Consumer Protection, to be its contact person for purposes of this information exchange program. This official is responsible for ensuring the confidentiality of the information contained in the Consumer Sentinel Network and, in appropriate circumstances as required or authorized by law, for authorizing Consumer Sentinel members to make further disclosures of the material in response to requests for access or compulsory process. Also, the Director of the Bureau of Consumer Protection, subject to re-delegation, may respond to access requests from non-U.S. entities for certain information on consumer protection pursuant to the delegation authority set forth at 62 Fed. Reg. 15185 (1997). 14. This contractual agreement is governed by the laws of the United States, where the Consumer Sentinel database is located. 15. The FTC may revoke access to information in the Consumer Sentinel Network if the signing party breaches any of the terms of this agreement. ____________________________________________ agrees to the above conditions. Signature _____________________________________ Name ________________________________________ Title _________________________________________ Address__________________________________________________________ Telephone _______________________________________________________________ Fax ____________________________________________________________________ Email __________________________________________________________________ Dated ________________________________________ _____________________________________ Dated: ________________________________ 1. It is the FTC's policy to provide information to Congress upon official request, although the FTC will request that the confidentiality of the information be maintained. |