Australia and the Republic of Korea sign new MoU on a Digital Cooperation Initiative in Southeast Asia

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE DEPARTMENT OF FOREIGN AFFAIRS AND TRADE OF AUSTRALIA

AND

THE MINISTRY OF FOREIGN AFFAIRS OF THE REPUBLIC OF KOREA

ON AN AUSTRALIA-ROK DIGITAL COOPERATION INITIATIVE

IN SOUTHEAST ASIA

The Department of Foreign Affairs and Trade (DFAT) of Australia and the Ministry of Foreign Affairs (MOFA) of the Republic of Korea (hereinafter referred to collectively as the “Participants” and singularly as a “Participant”);

Recognising our leaders’ ambition to further deepen and fulfil the potential of our vibrant, modern relationship by its elevation to a Comprehensive Strategic Partnership (“CSP”), marking six decades of diplomatic relations;

Desiring to build upon the Memorandum of Understanding on Cyber and Critical Technology Cooperation signed by Foreign Ministers on 13 September 2021;

Sharing a vision for Australia and the Republic of Korea as natural partners for Southeast Asia and ASEAN and recognising the region’s stability and prosperity as indispensable to an open, inclusive and prosperous Indo-Pacific;  

Desiring to promote an open, secure, stable, accessible and peaceful cyberspace, which drives economic prosperity, protects national security and promotes international stability;

Reaffirming the benefits of close collaboration, including on information sharing, developing technical standards, implementing law and norms, protecting existing commitments in multilateral and regional forums, the development and deployment of cyber and critical technologies in the region, and regional awareness and capacity building; and

Pursuant to the relevant laws and regulations and the international commitments of the two countries;

Have reached the following understanding:

Paragraph 1

Purpose

The purpose of this Memorandum of Understanding (hereinafter referred to as the “Memorandum”) is to operationalise the Participants’ shared priorities in digital, cyber and critical technology under the ROK’s New Southern Policy and Australia’s Indo-Pacific agenda and contribute to regional prosperity and peace in partnership with Southeast Asia and ASEAN. It will build on the Participants’ existing commitment under the Memorandum of Understanding on Cyber and Critical Technology Cooperation.

Paragraph 2

Scope of the Initiative

1. The Participants will pursue digital, cyber and critical technology cooperation in Southeast Asia under the economic, innovation and technology pillar of the CSP, building on our longstanding links.
2. The Participants will cooperate in the following areas, and other areas by mutual arrangement, in consultation and partnership with Southeast Asian countries, ASEAN and other key regional stakeholders:

a) Drive shared economic prosperity and security by shaping the design, development and use of secure cyber and critical technology:

1. working towards collaboration on digital, cyber and critical technology research with Southeast Asian partners;  
2. convening ROK-Australia Industry-Academia Technology Roundtables with Southeast Asian partners to identify new opportunities for digital, cyber and critical technology cooperation; and
3. expanding existing cooperation with Southeast Asian government officials in international discussions about cyber and critical technology standards, norms, and international law, including exploring mutual development opportunities

b) Elevate multilateral coordination on norms and standards:

Supporting Korean and Australian institutions to collaborate with institutions in South and Southeast Asia to deepen understanding of the application of international law and norms to cyberspace and support confidence building measures in the region.  

c) Stimulate bilateral cooperation to raise awareness and build capacity across the region:

1. exploring opportunities for cooperation on smart cities related to digital, cyber and critical technology cooperation between the ROK, Australia, Southeast Asia and ASEAN; and
2. identifying and exploring further practical ways to contribute to driving economic prosperity, protecting national security and promoting international stability in the region through the Digital Cooperation Initiative in Southeast Asia.

Paragraph 3

Mechanisms for Cooperation

The Participants will use the following mechanisms to implement the provisions of this Memorandum:

a) Foreign Ministers’ Meetings on Digital, Cyber and Critical Technology Cooperation in Southeast Asia.

The Participants will use Foreign Ministers’ Meetings to discuss the implementation of this Memorandum, including in the margins of the biennial Foreign and Defence Ministers’ 2+2.

b) Joint Working Group on Cyber and Critical Technology Capacity Building in Southeast Asia   

The Participants will establish a Working Group on Cyber and Critical Technology Capacity Building in Southeast Asia to share information about our respective work in the region and further explore opportunities for cooperation.

c) Action Plan for Digital, Cyber and Critical Technology Cooperation in Southeast Asia

The Participants will develop an Action Plan for Digital, Cyber and Critical Technology Cooperation  in Southeast Asia to be mutually determined, reviewed and updated by senior officials, including at regularly held Cyber and Critical Technology Policy Dialogues.

Paragraph 4

Focal Points

The Participants have identified the following focal points for the purpose of the implementation of this Memorandum, who will coordinate as needed across the relevant government agencies:

1. for DFAT: the Australian Ambassador for Cyber Affairs & Critical Technology;
2. for the MOFA: the Korean Ambassador for International Security Affairs.

Paragraph 5

Implementing Arrangements

1. Arrangements mutually determined by the Participants will serve to implement cooperation under this Memorandum.
2. The establishment, finalisation, and implementation of the arrangements under this Memorandum will be coordinated by the respective focal points as stipulated in Paragraph 4 of this Memorandum.

Paragraph 6

Financial Arrangements

1. Each Participant will bear its own costs associated with the activities and participation under this Memorandum.
2. The Participants’ fulfilment of their commitments under this Memorandum will be subject to the availability of appropriate funds and personnel of the Participants.
3. Other financial arrangements may be mutually determined by the Participants.

Paragraph 7

Resolution of Differences

1. Any difference arising out of the interpretation or implementation of this Memorandum will be resolved amicably through mutual consultations and negotiations between the Participants through diplomatic channels.
2. Differences will not be referred to any third party, court or international tribunal.

Paragraph 8

Confidentiality

1. Each Participant will protect the confidentiality of information exchanged under this Memorandum against unauthorised disclosure and in accordance with the Participant’s national laws, regulations, policies, or directives. However, this will not apply to cases where the information is publicly available.
2. Where classified or operationally sensitive information, or information pertinent to national security, is to be disclosed under this Memorandum, the Participant providing the information is responsible for ensuring that guidance is provided to the receiving Participant on handling and protection requirements. Each Participant will endeavour to follow such guidance, and respect requests made on handling and protection requirements regarding the security or sensitivity of the material.
3. The Participants have mutually decided that this paragraph will continue to apply notwithstanding the expiration or termination of this Memorandum.

Paragraph 9

Amendment

Either Participant may propose an amendment to this Memorandum by submitting it in writing to the other Participant.  An amendment will be effected only upon the mutual written consent of the Participants.

Paragraph 10

Legal Status of the Memorandum

1. This Memorandum does not create any legally binding obligations and does not alter or effect any existing agreements between the Participants.
2. The Participants acknowledge that this Memorandum is not an international agreement and will not create legal obligations governed by their respective domestic law or international law.
3. The provisions of this Memorandum operate subject to, and do not supersede, the respective international obligations and domestic laws, policies, and procedures of the two countries.

Paragraph 11

Entry Into Effect, Duration, and Termination

1. This Memorandum will come into effect on the date of signature by both Participants and will remain in effect for a period of five (5) years, unless terminated by either Participant giving at least one (1) month’s prior written notice of the intended date of termination to the other Participant.
2. The termination of this Memorandum will not affect the implementation of any ongoing activities or activities that were decided upon prior to the date of termination, unless otherwise jointly decided by the Participants.
3. This Memorandum may be extended at any time within the period it remains in effect by mutual written consent of the Participants.
4. Any intent to terminate or extend this Memorandum will be communicated through diplomatic channels.

Signed in duplicate at Canberra on 13 December 2021 in English.