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November 22, 2002

The Government of the Republic of the Philippines and the Government of the Republic of Cuba having been duly authorized to conclude this Agreement,

Desiring to cooperate in the transfer of sentenced persons to facilitate their reintegration into society,

Have agreed as follows:

ARTICLE 1
DEFINITIONS

For the purposes of this Agreement:

a. “Transferring Party” means the Party from whose jurisdiction the sentenced person may be, or has been, transferred;

b. “Receiving Party” means the Party to whose jurisdiction the sentenced person may be, or has been, transferred;

c. “Sentenced Person” means any person who has been sentenced by a court in the jurisdiction of the transferring Party;

d. “Sentence” means any punishment or measure involving deprivation of liberty ordered by a court in the course of the exercise of its criminal jurisdiction.

ARTICLE 2
GENERAL PRINCIPLES

A Sentenced Person may be transferred from the jurisdiction of the Transferring Party to the jurisdiction of the Receiving Party in accordance with the provisions of this Agreement in order to serve the Sentence imposed to him.

ARTICLE 3
CENTRAL AUTHORITIES

1. Each party shall establish a Central Authority.

2. The Central Authority for the Republic of the Philippines shall be the Department of Justice. The Central Authority for the Republic of Cuba shall be the Ministry of Justice. Either Party may change its Central Authority in which case it shall notify the other of the change.

3. Requests for transfer shall be conveyed through the Central Authority as may be notified from time to time by one Party to the other.

4. The Central Authorities shall process requests for transfer in accordance with the provisions of this Agreement.

ARTICLE 4
CONDITIONS FOR TRANSFER

A Sentenced Person may be transferred only on the following conditions:

a. The conduct on account of which the Sentence has been imposed would constitute a criminal offense according to the law of the Receiving Party if it had been committed within the jurisdiction of its courts;

b. Where the Republic of Cuba is the Receiving Party, the Sentenced Person is a citizen of Cuba and is permanently domiciled in Cuba;

c. Where the Republic of the Philippines is the Receiving Party, the Sentenced Peron is a citizen of the Philippines;

d. The sentence imposed on the Sentenced Person is for a period of three (3) years or more of which at least one (1) year remains to be served at the time of the request for transfer;

e. The Sentenced Person must be a national or a citizen of the recipient State, and in the case of Cuba, the sentenced person must have permanent residence in the said territory;

f. The judgement is final and no further proceedings relating to the offense is pending in the Transferring Party;

g. The Transferring and Receiving Parties and the Sentenced Person all agree to the transfer, provided that where either Party considers it necessary, the Sentenced Peron’s consent may be given by a person entitled to act on his behalf.

ARTICLE 5
PROCEDURE FOR TRANSFER

1. The Parties shall inform Sentenced Persons of their right to transfer under this Agreement.

2. A request for transfer may be made by the Transferring Party or the Receiving Party to the other Party. If the Sentenced Person wishes to be transferred, he must express it in writing to the Transferring Party or the Receiving Party, which shall consider such an expressed wish against the criteria set out in Article 4 before deciding whether to request a transfer.

3. Subject to the provisions of Paragraph (1) of Article 8, the Transferring Party shall provide the Receiving Party with the following information in any request for transfer:

a. The facts upon which the conviction and Sentence were based and the text of the legal provisions creating the offense;

b. The duration of the Sentence and the length of time already served by the Sentenced Person and any remissions to which he is entitled on account of work done, good behavior, pre-trial confinement or other reasons;

c. A certified true copy of the Sentence with the statement of its validity;

d. Proof of Cuban or proof of Philippine citizenship, as the case may be.

4. Either Party shall, as far as possible, provide the other Party, if it so requests, with any relevant information, documents or statements before making a request for transfer or taking a decision on whether or not to agree to the transfer.

5. The Transferring Party shall afford an opportunity to the Receiving Party, if the Receiving Party so desires, to verify through an official designated by the Receiving Party, prior to the transfer, that the Sentenced Person’s consent to the transfer in accordance with Article 4 (g) of this Agreement is given voluntarily and with the full knowledge of the consequences thereof.

6. Delivery of the Sentenced Person by the authorities of the Transferring Party to those of the Receiving Party shall occur on a date at a place within the jurisdiction of the Transferring Party agreed upon by both Parties.

ARTICLE 6
CONTINUED ENFORCEMENT OF SENTENCE

1. The Receiving Party shall enforce the Sentence as if the Sentence had the same duration as advised by the Transferring Party and the been imposed in the Receiving Party.

2. The continued enforcement of the Sentence after transfer shall be governed by the laws and procedures of the Receiving Party, including those governing conditions for service of imprisonment, confinement or other deprivation of liberty by parole, conditional release remission or others.

3. The Receiving Party modify or terminate enforcement of the sentence as soon as it is advised of any decision by the Transferring Party to cancel or reduce the Sentence in order to avoid a denial of justice.

4. If the Sentence is by its duration incompatible with the law of the Receiving Party, that Party may, with the consent of the Transferring Party, adapt the Sentence in accordance with the Sentence prescribed by its own law for a similar offense. The adapted Sentence shall not be more severe than that imposed by the Transferring Party in terms of duration.

5. If the person to be transferred is a minor by virtue of the laws of the Receiving Party, the Receiving Party can treat him as such, in spite of his previous legal condition by virtue of the laws of the Transferring Party.

6. The Receiving Party shall inform the Transferring Party:

a. When the Sentenced Person is discharged;

b. If the Sentenced Person is granted conditional release; or

c. If the Sentenced Person has escaped from custody before enforcement of the sentence has been completed.

7. The Receiving Party shall, if the Transferring Party so requests, provide any information requested in relation to the enforcement of the Sentence.

8. The Receiving Party shall continue to enforce a Sentence imposed by the Transferring Party in accordance with this Article even though this Agreement has ceased to have effect.

ARTICLE 7
TRANSIT OF SENTENCED PERSON

If either Party transfers a Sentenced Person from another jurisdiction, the other Party shall cooperate in facilitating the transit through its territory of such a Sentenced Person. The Party intending to make such a transfer shall give advance notice to the other Party of such transit.

ARTICLE 8
LANGUAGE AND EXPENSES

1. Written communications between the Parties shall be in an official language of the Party which the communication is addressed.

2. The expenses incurred in the continued enforcement of the sentence shall be borne by the Receiving Party. The expenses incurred in the transfer of the Sentenced Person shall generally be borne by the Receiving Party. The Receiving Party may, however, seek to recover all or part of the cost of transfer from the Sentenced Person.

ARTICLE 9
SETTLEMENT OF DISPUTES

Any dispute arising out of the interpretation, application or implementation of this Agreement shall be resolved through diplomatic channels if the Central Authorities are themselves unable to reach agreement.

ARTICLE 10
FINAL PROVISIONS

1. This Agreement shall enter into force thirty (30) days after the date on which the Parties have notified each other in writing through diplomatic channels that their respective internal legal requirements have been complied with for the entry into force of this Agreement.

2. Either Party may terminate this Agreement at any time by giving the other Party written notice, through diplomatic channels, of such intention. In that event, the Agreement shall cease to have effect three (3) months after the date of receipt of the notice. However, the termination of this Agreement shall not prejudice to the transfer of Sentenced Persons whose applications are pending at the time of such termination.

IN WITNESS WHEREOF, the undersigned being duly authorized thereto by their respective Governments, have signed the present Agreement.

Done in the City of Manila, on this 22nd day of November 2002 in two original copies each, in the English and Spanish languages, both texts being equally authentic.