MEMORANDUM OF UNDERSTANDING 

AMONG 

PUBLIC AUTHORITIES OF THE UNSOLICITED 


· COMMUNICATIONS ENFORCEMENT NETWORK 


PERTAINING TO UNLAWFUL TELECOMMUNICATIONS 


AND SPAM 

Contents 

Clause Heading Page 

Number 

A. Preliminary 

1. Background 	 3 


2. Definitions 	 3 


3. Purpose and Scope 	 4 


B. Provision ofinformation and documents 

4. 	 Statement oflntent 4 


5. 	 Provision ofinformation and documents 5 


6. 	 Confidentiality ofinfonnation and documents 5 


7. 	 Information and documents may be provided subject to 6 


conditions 


8. 	 Permissible use of information and documents 6 


c. Miscellaneous provisions 

9. 	 Contact points 7 


10. 	 Term ofMemorandum 7 


11. 	 Effective date 7 


12. 	 Review ofMemorandum 7 


13. 	 Termination of, or withdrawal of a Member from, the 8 


Memorandum 


AnnexureA: Members and contact points 	 9 


2 
A. Preliminary 


1. Background 

RECOGNIZING certain electronic messages including unlawful telemarketing 

calls, SMS spam, and email spam, and the use ofthese communication methods by 

fraudulent marketers, pose challenges to consumers including online fraud and 

deception, phishing, and dissemination of virnses and malware; 

RECOGNIZING the desirability of enhancing consumer confidence in electronic 

messaging and preserving its critical role in modern communications; 

RECOGNIZING the increased cross border impact of unlawful electronic 

messaging and the desirability of effective multi-jurisdictional enforcement of laws 

and regulations restricting such messaging; 

RECOGNIZING that public authorities, with appropriate private sector entities, 

formed the Unsolicited Communications Enforcement Network (UCENet) (originally 

!mown as the London Action Plan, until 9 September 2016) to develop and foster 

coordinated approaches to unlawful electronic messages; 

RECOGNIZING that one critical approach to unlawful electronic messaging is to 

enhance information and intelligence sharing, investigative assistance and cooperative 

enforcement among enforcement and regulatory agencies; and 

RECOGNIZING that the signatories already work together to combat unlawful 

electronic messaging through the Unsolicited Communications Enforcement 

Network's Enforcement Subgroup, governmental UCENet members who are 

responsible for ensuring compliance with laws pertaining to electronic messages 

including telemarketing and spam within their respective jurisdictions, the signatories 

HAVE REACHED THE FOLLOWING UNDERSTANDING: 

2. 	 Definitions 

2.1 	 In this Memorandum the following words have the following meanings: 

(a) 	 Confidential Information means infmmation held by a Member in 

circumstances where the Member is subject to a duty of confidentiality, 

whether arising by the application of statute, regulation, common law 

or equity, or has requested confidentiality; 

(b) 	 Group means the Unsolicited Communications Enforcement Network 

Enforcement Subgroup; 

3 
(c) 	 Memorandum means this Memorandum ofUnderstanding; 

(d) 	 Member means a UCENet organization that is specified in Annexure 

A of the Memorandum; 

(e) 	 Person includes an individual, a natural person, a body corporate, an 

unincorporated association, a partnership, a government or political 

subdivision, a statutory authority or instrumentality of a government; 

(f) 	 Provider means a Member that provides documents or infonnation to 

another Member in accordance with this Memorandum; 

(g) 	 Recipient means a Member that receives documents or information 

from another Member in accordance with this Memorandum; and 

(h) 	 Unlawful electronic message means a communication sent or made in 

violation of a Member's laws and regulations. 

3. 	 Purpose and Scope 

3.I The purpose ofthis Memorandum is to promote cross border cooperation 

among the Members, and to assist the Members in the performance oftheir 

regulatory and/or enforcement responsibilities with respect to unlawful 

electronic messages. The Memorandum seeks to encourage a framework to 

facilitate the exchange of information between the Members while recognising 

the legal, policy, and administrative limits on the authority and jurisdiction of 

each Member to disclose such information. 

B. Provision of information and documents 


4. 	 Statement of Intent 

4.1 	 All Members intend to participate in regular meetings ofthe Group, whether 

by teleconference or in person. 

4.2 	 At Group meetings, in person and through electronic means, each Member 

may, to the extent provided by the laws oftheir respective jurisdictions, share 

information with the Group or any member of the Group regarding current and 

emerging issues related to unlawful electronic messages, to the extent that 

those issues are, or may be, relevant to the functions of other Members or to 

the Group generally. 

4.3 	 This Memorandum is a voluntary statement of the intent of the Members to 

cooperate with and assist each other, and accordingly does not create any 

legally enforceable rights or impose legally binding obligations on any 

Member. 

4 
4.4 	 This Memorandum does not modify or supersede any laws in force applying to 

any Member. 

4.5 	 This Memorandum does not affect the rights or abilities of any Member to 

obtain information from any other Member in connection with the authorities, 

jurisdiction and functions of either Member. 

4.6 	 This Memorandum does not prevent a Member from seeking assistance from 

or providing assistance to the other Member(s) pursuant to other agreements, 

arrangements, or practices. 

4.7 This Memorandum does not affect any right or ability of a Member to seek 

information on a lawful basis from a person located in the territory of any 

other Member's jurisdiction, or preclude any such person from voluntarily 

providing legally obtained information to a Member. 

4.8 	 This Memorandum does not create expectations of cooperation that would 

exceed a Member's legal authority. 

4.9 	 The Members will use their best eff01is to comply with the terms of this 

Memorandum. 

4.10 	 Where a Member is prohibited by the laws of its jurisdiction from entering 

into an atTangement in respect of contraventions ofthe laws of a foreign state 

that would be considered penal in nature, nothing in this Memorandum is to be 

interpreted as permitting or requiring such a Member to provide assistance or 

information in respect of such contraventions. 

5. 	 Provision of information and documents 

5.1 A Member may, at its discretion and where pelTilitted by the laws of its 

jurisdiction, provide information or documents to the Group, or to particular 

Members, relevant to the authorities and functions ofthe Member or Members 

receiving the information or documents. 

5.2 	 A Recipient will use and disclose any information or documents provided by 

another Member only: 

(a) 	 in a manner that maintains confidentiality in the information or 

documents, subject to clause 6; 

(b) 	 in accordance with any conditions specified by the Provider pursuant 

to clause 7; and 

(c) 	 for the permissible uses specified by the Provider pursuant to clause 8. 

5 
6. 	 Confidentiality of information and documents 

6.1 	 A Recipient, subject to legal obligations requiring the disclosure or production 

in the recipient's jurisdiction, will maintain the confidentiality ofthe 

infmmation or documents supplied by a Provider under this Memorandum. 

6.2 	 In exchanging confidential information, the Members acknowledge the 

confidentiality requirements ofthe laws and regulations of each respective 

Member. The Recipients certify that they will comply with all confidentiality 

conditions, including any additional conditions applied by a Provider, and 

shall not, subject to clause 6.3, release or disclose information or documents 

supplied to it under this Memorandum to any other party, including a 

signatory to this Memorandum, without the prior express written consent of 

the Provider or as specified in the request. 

6.3 	 Wherever feasible, the Recipient(s) shall promptly notify the Provider of any 

legally enforceable demand for disclosure of the confidential information or 

documents supplied under this Memorandum before complying with the 

demand and shall assert such appropriate legal exemptions or privileges with 

respect to such information as the Recipient considers appropriate. 

7. Information and documents may be provided subject to 

conditions 

7.1 A Provider may provide information, documents or assistance to a Recipient 

subject to any conditions that the Provider considers appropriate, including, 

but not limited to: 

(a) written restrictions or limitations as to the use, access or storage ofthe 

requested information or documents; 

(b) confidentiality requirements relating to the information or documents 

provided. 

7 .2 Where the Provider seeks to impose a condition on the use of any information, 

documents or assistance, it shall advise the prospective Recipient of that 

condition prior to providing the information, documents or assistance. 

8. 	 Permissible use of information and documents 

8.1 	 The Recipient may not use or disclose information or the contents of any 

documents provided pursuant to this Memorandum for any purpose other than 

the purposes stated by a Provider, if any, unless: 

(a) 	 it has asked the Provider for its consent to use the info1mation or 

documents for the other purpose; and 

(b) 	 the Provider has indicated its consent in writing to such use. 

6 
8.2 	 Notwithstanding 6 and 8.1, it is understood that: 

(a) 	 a Recipient may disclose information or the contents of documents 

provided pursuant to this Memorandum in response to a formal request 

from a legislative body ofthat Recipient's country or an order issued 

from a comi with proper jurisdiction in an action commenced by the 

Recipient or its government; and 

(b) 	 information and documents obtained in connection with the 

investigation or enforcement of criminal laws may be used for the 

purpose of investigation, prosecution, or prevention of violations ofthe 

criminal laws of a Member's country. 

C. Miscellaneous provisions 


9. 	 Contact points 

9.1 	 So far as is practicable, all communications between the Members regarding 

the Memorandum should be between the principal points of contact as set out 

in Annexure A. This Annexure may be amended by written notice provided by 

a Member to the other Members from time to time. 

10. Term of Memorandum 

10.1 This Memorandum will have a te1m offive (5 years), unless terminated in 

accordance with clause 13. 

11. Effective date 

11.1 This Memorandum will be effective from the date ofsignature by at least two 

ofthe Members. 

12. 	 Review of Memorandum 

12.1 	 The Members will keep the operation ofthis Memorandum under periodic 

review and will consult with a view to improving its operation and resolving 

any matters or differences that may arise as a result ofthe interpretation, 

construction, or operation ofthis Memorandum. 

7 
12.2 	 The Members will consult periodically for the purpose of reviewing this 

Memorandum at a time mutually agreed between both parties. 

12.3 	 Any te1m ofthis Memorandum may be amended or waived by the Members' 

mutual consent in writing. 

13. 	 Termination of, or withdrawal of a Member from, the 

Memorandum 

13.1 A Member may withdraw from this Memorandum before the expiration ofthe 

term offive (5) years by giving 30 days' written notice to the other Members 

that remain a party to the Memorandum. 

13.2 	 The Members may, by mutual consent of all Members in writing, decide to 

terminate the Memorandum. 

13 .3 In the event that this Memorandum is terminated, or a Member withdraws, this 

Memorandum shall continue to have effect with respect to all requests for 

information or documents that were fulfilled before the date of such notice of 

termination or withdrawal, as the case maybe, and with respect to the 

confidentiality of all documents and information supplied under this 

Memorandum. 

8 
Endnote - Amendment history 

Clause/paragraph 

Title page 

Clause I, paragraph 4 

Clause 1, paragraph 6 

Clause 2.1 (b) 

Clause 2.1 (d) 

Endnote 

Description ofa1nendment 

Change 'London Action Plan' to 'Unsolicited Communications 


Enforcement Network' 


Change 'London Action Plan (LAP)' to 'Unsolicited 

Communications Enforcement Network (UCENet) (originally known 

as the London Action Plan, until 9 September 2016)' 

Change 'London Action Plan's Enforcement Subgroup' and 'LAP' 

to 'Unsolicited Communications Enforcement Network's 

Enforcement Subgroup' and 'UCENet' 

Change 'London Action Plan Enforcement Subgroup' to 

· 'Unsolicited Communications Enforcement Network Enforcement 

Subgroup' 

Change 'LAP' to 'UCENet' 

New item. 

Date 

3May2017 

3 May 2017 

3 May 2017 

3 May2017 

3May2017 

3May2017 

9 

AnnexureA 

Members and contact points - see clauses 2 and 9 

ir. Eveit Jan Hummelen 

teammanager Consumer Depaitment 

Authority for Consumers and Markets 

On this 14th day ofDecember 2015 

Contact.po:int 

Contact person: 

Address: 

Telephone: 

Email: 

ir. E.J. Hummelen 

P.O. Box 16326 

2500 BH TI1e Hague 

Netherlands 

+31 70 722 2359 

evert.jan.hummelen@acm.nl 

9 
Anumrnre A 

Members and contact points - see clauses 2 and 9 

Signed for aud on hel!alf of The National Trading Standa1·ds Intelligence Team 

.Ln~ ~~................................ Andy Tillman 

Head ofIntelligence 

On this 

Contact point 


Contact person: 


Address: 


Telephone: 


Email: 


Fax: 


Peter Hewson 

Lmidmark House 4, Egerton Road, Ipswich, IPl 5PF 

+447738752367 

Peter.Hewson@suffollc.gcsx.gov.nk 

NIA 

9 
AnncxnrcA 

·Members ang contact pohits ·~ see clauses 2 and 9. 

Slgi.ied for and on behalf of The A'u~trnlian Commu11foatio11s al'.l.d Media 

Authol'lty 

Cillis Chapman 

Chafr 

1(' 1' . . L..- (' 

On this ;kf ·dayof~ 20..!J 

Contact point 

Con\act porson: Bruce Matthews 

· Manager 

Cyber Security and Unsolicited Communications Complia11ce 

Section 

Addross: Level 32, 360 Elizabeth Street, Millbourne VIC 3000, 

Ausltalia 

Telephone: +61 3 9963. 6953 

Email: Bruco.Matthews@acma.gov.au 

Fax: +61 3 9963 6899 

9 
Almexui·e A 

Members and c:ontact pQints - Sell> dauses 2 and 9 

Signed fo1• 11n1l on behalf of the Office of thc-l:'rlvacy Conunissioncr of Canada 

((}A, . ......-~................... 
 Daniel Therrien 

Privacy Commissiotic\' pfCanada 

On this 2010 

Collt~ct point 

Coiltaqt perso.n: Urmit l(oman 

Addre.ss: 30 Vl~toria Street - 1" Ffoor, Gatineau; Quebec KIA 1H3, CANADA 

Telephone: (00 +i) 819 994°6261 

Emaii: brent.homan@priv.ge,ca 

(00 +1) 819 994"5,424 

cl 
AnnexureA 

Members and contact points - see clauses 2 and 9 

Signed by the Information Commissioner (UK) 

0 •• f 0 • 0 0 • • o • 0 00 • 0 00 ••••IO O • 000 O O O oooa o 0 00 IO 00 oo 

Christopher Graham 

Mr 

On this [<(- . dayof 20+(,. 

Contact point 

Contact person: Adam Stevens, Inteliigence Hub Team Manager 

Address: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9.5AF 

Telephone: 01625 545785 

Email; ih@ico.org.uk 

9 
an and Chief Executive Officer 

AnnexureA 

Members and contact points~ see clauses 2 and 9 

Signed for and on behalf of The Canadian Radio-tclevisiOn an 

TcJeconniiunica.tions Commission; 

' 

2016 

Contact p9illt 

Contact person: Manon Bombardier 

Chief Compliance and Enforcement qfflcet 

Address: I, Promenade du Portage, Gatlneau,. Quebec, JSX 4B 1 

Telephone: (OO+I) - 819-997-3749 

Email: manon.bombard.ier@crtc.ge.c.a 

.Fax: (00+1). 819-994-5610 
AnncxureA 

Members and contact points - see clauses 2 and 9 

Signed for and on behalf of Koma Internet & Security Agency (KISA) 

-:t//( ;??~d ;;:>-'

...........::::.............................. 
 Kee Seung Baik 

President and CEO ofKISA 

On this 22th day of March 2016 

Main Contact point 

Contact person: In Su Jo 

Address: IT Venture Tower, 135 Jungdae-ro, Songpa-gu, Seoul, Korea 

Telephone: +82 2 405 6562 

Email: jois@kisa.or.kr 

Fax: +82 2 405 5219 

Sub Contact point 

Contact person: Hae Ryong Park 

Address: IT Venture 'tower, 135 Jungdae-ro, Songpa-gu, Seoul, Korea 

Telephone: +82 2 405 5245 

Email: hrpark@kisa.or.kr 

Fax: +82 2 405 5219 

9 
AnncxurcA 

Members and contact points - see clauses 2 and 9 

Signed fo1· and ou behalf of NATIONAL CONSUMER COMMISSION 

w~............................... 
 Mr EBRAHIM MOHAMED 

COMMISSIONER 

On this day of 

Co11tact point 

Contact person: 

Address: 

Telephone: . 

Email: 

·Fax: 

Ms Keitherig Motheme!a 

Building 12 

08 Bauhinia Street 

Techno Park, Centmion 

South Africa 

(012)761 3400 

K.Mcithemela@thencc.org.za 

NIA 

9 
AnnexureA 

Members and contact points - see clauses 2 and 9 

Signed for and on behalf of tlie Federal Communicatioiis Commission, subject to 

the understanding stated below. 

j MY>r/J;_fk.~ Travis LeBlanc 

Chief, Enforcement Bureau 

Federnl Communications Commission 

On this 6th day ofJune 2016 

Consistent with paragraph 4.3, the Federal Communications Commission understands , 

that nothing in this Memomndum, including but not limited to matters that the 

Memomndum specifies shall be done, gives rise to rights or obligations under 

international Jaw. 

Contact point 

Contact person: 

Address: 

Telephone: 

Email: 

Fax: 

David Strickland 

Federal Communications Commission 

445 121

h Street, SW 

Washington, DC 20554 

(202) 418-0977 

david.strickland@fcc.gov 

(202) 418-2810 

9 
AnnexureA 

Membel's and contact points-see danses 2 and 9 

Signed for and on behalfofthe Federal Trade Commission, subject to the 

understanding stated below. 

( cfb_d?]' Edith-Ramirez--- ,--

Chailwoman 

U.S. Federal Trade Commission 

On this 011-day of ::r;,ne 2016 

Consistent with paragraph 4.3, the federal Trade Commission understands that 

1\0thing in this Memorandum, Including but not limited to matters that the 

Memorandum specifies shall be done, gives rise to rights or obligations under 

international law. 

Contact point 

Contact Person: 

Address: 

Telephone: 

Email: 

Fax: 

Melinda Claybaugh 

Federal Trade Commission 

Mail Dl'OpH-485 

600 Pennsylvania Ave., NW 

Washington, DC 20580 

United States 

202-326-2203 

mclaybaugh@ftc.gov 

202-326-3045 

9 
AnnexureA 

Members and contact points - see clauses 2 and 9 

Signed for and on behalf of The Department of Internal Affail's 

(Signature) 

Colin MacDonald 

Chief Executive Officer 

On this . /~ day of . J\)..<'JContact point 

Contact person: 

Address: 

Telephone: 

Email: 

Fax: 

Toni Demetriou 

Manager 

Electronic Messaging Compliance Unit 

Level 3, 147 Lambton Quay, Wellington 

N cw Zealand 

+64 4 495 7280 

toni.demetriou@dia.govt.nz 

+64 4 495 9314 

9