ATTACHMENT A 

MEMORANDUM OF UNDERSTANDING

AMONG 

PUBLIC AUTHORITIES OF THE UNSOLICITED 

COMMUNICATIONS ENFORCEMENT NETWORK

PERTAINING TO UNLAWFUL TELECOMMUNICATIONS

AND SPAM 
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Table of Contents

MEMORANDUM OF UNDERSTANDING................................................................................. 1

Table of Contents .................................................................................................................... 2

A.

1.

Preliminary ................................................................................................................... 2

Background ................................................................................................................... 3

2. Definitions ..................................................................................................................... 3

3. Purpose and Scope ......................................................................................................... 4

B. Provision of information and documents ................................................................. 4

4. Statement of Intent ........................................................................................................ 4

5. Provision of information and documents....................................................................... 5

6. Confidentiality of information and documents .............................................................. 6

7. Information and documents may be provided subject to conditions ............................. 6

8. Permissible use and disclosure of information and documents ..................................... 7

C.

9.

Miscellaneous provisions........................................................................................... 7

Contact points ................................................................................................................ 7

10. Strategic engagement................................................................................................. 8

11. Term of Memorandum .............................................................................................. 8

12. Effective date ............................................................................................................. 8

13. Review of Memorandum ........................................................................................... 8

14. Termination of, or withdrawal of a Member from, the Memorandum .................... 9

Annexure A............................................................................................................................. 10

15. Members and contact points – see clauses 2 and 9 .................................................. 10
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A. Preliminary

1. Background

RECOGNISING certain electronic messages including unlawful telemarketing calls, 

SMS spam, and email spam, and the use of these communication methods by 

fraudulent marketers, pose challenges to consumers including online fraud and 

deception, phishing, and dissemination of viruses and malware; 

RECOGNISING the desirability of enhancing consumer confidence in electronic 

messaging and preserving its critical role in modern communications; 

RECOGNISING the increased cross border impact of unlawful electronic messaging 

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

regulations restricting such messaging; 

RECOGNISING that public authorities, with appropriate private sector entities, 

formed the Unsolicited Communications Enforcement Network (UCENet) (originally 

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

coordinated approaches to unlawful electronic messages; 

RECOGNISING 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

RECOGNISING 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 information 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; 
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(c) Memorandum means this Memorandum of Understanding; 

(d) Member means a UCENet organisation 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 information 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

3.1 The purpose of this Memorandum is to promote cross border cooperation 

among the Members, and to assist the Members in the performance of their 

regulatory and/or enforcement responsibilities with respect to unlawful 

electronic messages. The Memorandum seeks to encourage a framework to 

facilitate cross jurisdictional cooperation, international strategic and 

operational engagement, and 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 of the 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 of their 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 to undertake senior strategic and 
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operational engagement, accordingly it does not create any legally enforceable 

rights or impose legally binding obligations on any Member. 

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 efforts to comply with the terms of this 

Memorandum. 

4.10 The Members acknowledge that they may need to enter into further 

agreements with other Members before sharing any data containing personal 

or otherwise sensitive information, according to each Member’s legal 

obligations and requirements. 

4.11 Information received under this Memorandum will not be retained for longer 

than is required to fulfill the purpose for which it was shared or than is 

required by the laws applicable in the Recipient’s jurisdiction

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

into an arrangement in respect of contraventions of the 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 permitted by the laws of its 

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

Members, relevant to the authorities and functions of the 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: 
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(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. 

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 of the 

information or documents supplied by a Provider under this Memorandum. 

6.2 In exchanging confidential information, the Members acknowledge the 

confidentiality requirements of the laws and regulations that apply to 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, except where required to do so by 

law. 

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. 

6.4 If a Recipient becomes aware of any unauthorised use or disclosure of 

information or documents received from a Provider, either by that Recipient or 

a third party to which the Recipient has provided the information or 

documents, in accordance with any conditions it has been provided under, the 

Recipient will notify the Provider as soon as possible, or as permitted by law. 

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 of the 

requested information or documents; 

(b) confidentiality requirements relating to the information or documents 

provided. 
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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 and disclosure of information and documents

8.1 The Recipient must not use 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 information or 

documents for the other purpose; and 

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

8.2 The Recipient must not disclose information or the contents of any documents 

provided pursuant to this Memorandum, unless: 

(a) it has asked the Provider for its consent to disclose the information or 

documents; and 

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

8.3 Notwithstanding clauses 6, 8.1 and 8.2, 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 of that Recipient’s country or an order issued 

from a court 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 of the 

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. 
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10. Strategic engagement and new members

10.1 Members will develop and identify opportunities to engage in senior-level 

strategic forums and operational activities to aid collaboration and the aims of 

Members in relation to what is a cross-jurisdictional issue, including via 

UCENet conferences, working groups and bi-lateral meetings.

10.2 Requests to join this Memorandum from new Members from the Group may 

be received at any time. Requests will only be considered from Members of 

the Group with responsibilities for ensuring compliance with laws pertaining 

to electronic messages including telemarketing and spam. 

10.3 Requests to join this Memorandum require the approval by a majority of 

existing signatories. 

11. Term of Memorandum

11.1 This Memorandum will be ongoing unless terminated in accordance with 

clause 14.

12. Effective date

12.1 This Memorandum will be effective from the date of signature by at least two

of the Members. 

13. Review of Memorandum

13.1 The Members will keep the operation of this 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 of the interpretation, 

construction, or operation of this Memorandum. 

13.2 The Members will also formally review the operation of this Memorandum 

every 3 years at a time and in a manner mutually agreed among the Members. 

13.3 Any term of this Memorandum may be amended or waived by the Members’ 

mutual consent in writing. 
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14. Termination of, or withdrawal of a Member from, the 

Memorandum

14.1 A Member may withdraw from this Memorandum by giving 30 days’ written 

notice to the other Members that remain a party to the Memorandum. 

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

terminate the Memorandum. 

14.3 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. 
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Annexure A

15. Members and contact points – see clauses 2 and 9 

Signed for and on behalf of the United States Federal Trade Commission

............................................... 

Lina M. Khan 

Chair 

On this 12th day of September 2023 

Consistent with paragraph 4.3, the Federal Trade Commission understands that 

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

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

international law. For this reason, the Federal Trade Commission regards language in 

the Memorandum indicative of a right or obligation, or otherwise suggestive of a 

legally binding instrument, to be hortatory only. For example, the Federal Trade 

Commission understands the words "must" and "require" to mean "should" in the 

places they appear, and similarly understands that it may discontinue its participation 

in the Memorandum at any time. 

Contact position: Laureen Kapin, U.S. Federal Trade Commission 

Address: 600 Pennsylvania Avenue, N.W. 

Mail Drop H-485 

 Washington, DC 20580 

Telephone: +1 202 326-3237 

Email: lkapin@ftc.gov