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September 05, 2001

The Government of the Republic of the Philippines and the Government of the Republic of Cuba (hereinafter referred to as "the Parties");

Willing to strengthen the friendly relations between both countries;

Recognizing the advantages of scientific and technological cooperation between both Parties, on the basis of equality and mutual benefit;

Have agreed as follows-

ARTICLE I -AREAS OF COOPERATION

Both Parties, in accordance with their respective laws, rules and regulations, shall promote and develop scientific and technological cooperation m fields of mutual interest and benefit.

ARTICLE II - MODALITIES OF COOPERATION

Within the framework of this Agreement, scientific and technological cooperation shall include:

1. Grant of fellowship for graduate and post graduate studies, training or study tour in scientific and technological fields;

2. Upon request, provision of services of professionals, experts and research workers in scientific and technological fields;

3. Undertaking of joint special studies-researches in scientific and technological fields;

4. Exchange of scientific and technological information; and

5. Other forms of scientific and technological cooperation that may be mutually agreed upon.

ARTICLE III - ESTABLISHMENT OF A JOINT COMMISSION

In order to implement the provisions of this Agreement, a Joint Commission on scientific and technological cooperation shall be established.

The tasks of the Joint Commission shall be as follows:

1. To agree on the fields of cooperation;

2. To create favorable conditions for implementation of this Agreement;

3. To facilitate, support and assess the implementation of joint programs and projects; and

4. To exchange views on the overall prospects of bilateral scientific and technological cooperation.

The Joint Commission shall meet as mutually agreed upon by both Parties, alternately in the territory of each Party and conclude Protocols which will embody conclusions and proposals of the joint sessions. The composition of the Joint Commission shall be specified by the Government of both countries, prior to each Joint Commission meeting.

In order to accomplish its tasks, the Joint Commission shall submit recommendations on the projects to be undertaken by the Joint Commission to the Governments of both countries. These recommendations shall be included in the Agreed Minutes to be signed at the conclusion of the Joint Commission meeting.

The Governments of both Parties shall offer the necessary logistical assistance to the Joint Commission in order to fulfill its functions and tasks.

ARTICLE IV - CREATION OF SUBCOMMITTEES AND WORKING GROUPS

In order to carry out the decisions reached during the implementation of the cooperation in the different branches of science and technology, the Joint Commission shall create Subcommittees and Working Groups, permanent or provisional, upon prior agreement by both Parties.

The Subcommittees and Working Groups may negotiate specific project arrangements which shall contain, among others, detailed descriptions of the activities to be jointly undertaken through the relevant agencies of both Parties, and the manner in which the activities shall be carried out.

ARTICLE V - INTELLECTUAL PROPERTY

Both Parties undertake not to transfer to third countries, or to citizens or organizations from third countries, specific scientific and technological knowledge exchanged and developed during the process of implementation of this Agreement, without express and prior written consent of the other Party.

The Parties shall be co-owners with equal rights, of any invention, technique and benefit resulting from activities developed within the framework of this Agreement and being a form of intellectual property, shall be treated in accordance with the relevant laws in force in both countries. The intellectual property so produced may be registered, subject to mutual agreement, in accordance with the respective laws on intellectual property in both countries.

ARTICLE VI - COORDINATING AGENCIES

For the implementation of this Agreement, the coordinating agencies designated are the Department of Science and Technology of the Republic of the Philippines and the Ministry for Foreign Investments and Economic Cooperation of the Republic of Cuba.

ARTICLE VII- SETTLEMENT OF DISPUTES

Any dispute arising out of the interpretation or implementation of this Agreement shall be settled through diplomatic channels, by negotiation or consultation.

ARTICLE VIII - AMENDMENTS

Any amendments and supplements to this Agreement shall be subject to mutual written agreement of the Parties. In case the other Party disagrees with the suggested modifications, such disagreement shall be addressed through diplomatic channels and/or the Joint Commission, whichever is practicable.

Such amendments and supplements shall become effective in accordance with Article X.

ARTICLE IX- TERMINATION OF THE PREVIOUS AGREEMENT

By this Agreement, the Agreement on Scientific and Technical Cooperation between the Republic of the Philippines and the Republic of Cuba, signed on 9 September 1982, is terminated without prejudice, however, to the vested rights that may have already been acquired as a result of the prior Agreement.

ARTICLE X - ENTRY INTO FORCE

This Agreement shall enter into force on the date of the later notification by the Parties, through diplomatic channels, indicating that the domestic requirements for its entry into force have been complied with.

Pending such entry into force, the Parties hereby agree to accord provisional effectivity to this Agreement.

ARTICLE XI - VALIDITY AND DURATION

This Agreement shall remain in force and effect, unless one of the Parties officially notifies the other, through diplomatic channels, of its desire to suspend or terminate this Agreement. In such a case, the Agreement shall remain valid until ninety (90) days after the date of the notice for suspension or termination.

Joint projects which, at the expiration of this Agreement, have already been commenced but have not yet been fully implemented, shall be carried out to their completion in accordance with the specific project arrangement referred to in Article II.

Done and signed in Manila, this 5th day of September, 2001, in two originals in English and Spanish languages, both texts being equally authentic.

Entry into Force: August 21, 2003