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September 04, 2000


MEMORANDUM OF UNDERSTANDING BETWEEN THE REPUBLIC OF THE PHILIPINES AND THE ISLAMIC REPUBLIC OF IRAN ON COOPERATION IN COMBATING ABUSE OF AND ILLICIT TRAFFIC IN CONTROLLED SUBSTANCES AND CHEMICALS

The Republic of the Philippines and the Islamic Republic of Iran, hereinafter referred to as "Parties",

Recognizing that drug abuse and illicit trafficking of controlled substances and chemicals pose a serious threat to the health, security and welfare of human beings, and adversely affect the economic, social, cultural and political foundations of the society;

Considering the gravity of the acute situation caused by enlarged scope of illicit drug production and smuggling in the world;

Recognizing the 1961 UN Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, the 1971 Convention on Psychotropic Substances, and the 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances;

Recognizing the importance of coordination and cooperation in combating drug abuse and illicit trafficking of controlled substances and chemicals;

Aware of the mutual advantages of such a constructive cooperation by both Parties; and

Recognizing the sovereignty, territorial integrity and national legislations of the Parties,

Have agreed as follows:

ARTICLE 1
OBJECTIVE AND SCOPE

1- The Parties shall actively cooperate to combat the illicit production, trafficking and abuse of narcotic drugs, psychotropic substances and precursors (hereinafter referred to as "dangerous drugs") , subject to their respective national laws and regulations, administrative systems and procedures, available resources and rights and responsibilities resulting from other international obligations.

2- For the purposes of this Memorandum of Understanding, narcotic drugs, psychotropic substances and precursors shall have the same meaning as defined in the relevant United Nations international conventions.

ARTICLE 2
COOPERATION MODES

The Parties shall cooperate in the following areas, inter alia:

a) exchange of information on any suspicion of illegal traffic of narcotics, psychotropic substances, or illegal diversion of precursors and essential chemicals towards any of the Parties;

b) exchange of information on concealment methods used in the illegal transit of narcotics, psychotropic substances or illegal diversion of precursors and essential chemicals, as well as on ways of detecting them;

c) exchange of information on usual routes of criminal organizations engaged in illegal traffic of narcotics, psychotropic substances or illegal diversion of precursors and essential chemicals within the territory of any of the Parties;

d) exchange of information on new types of drugs;

e) organize meetings to exchange experiences on research, detection and control of narcotics, psychotropic substances and precursors and essential chemicals;

f) organize workshops, seminars and congresses to share experiences on drug addiction, detoxification and rehabilitation;

g) exchange of methodology on identification of sources of illegal inflow of narcotics, psychotropic substances and illegal diversion of precursors and essential chemicals, as well as information aimed at enforcing actions to prevent this kind of illegal activities;

h) exchange of information on legislative and practical experiences on the prohibition of illegal trade and abuse of narcotics and psychotropic substances;

i) exchange of specialists and practitioners of professional training in order to improve their specialization in fighting illegal trade of narcotics and psychotropic substances;

j) organize workshops on the subject;

k) establish direct communication connections among corresponding authorities of both Parties, by telephone, electronic mail, telex, facsimile or any other potential and secure devices; and

l) any other action as agreed upon by the Parties.

ARTICLE 3
CONFIDENTIALITY OF INFORMATION

The information and documents obtained in accordance with this Memorandum of Understanding shall be kept confidential.

ARTICLE 4
COOPERATION MECHANISM

1- In order to fulfill the purposes stated in this Memorandum of Understanding, the Parties establish the Philippine-Iran Cooperation Committee against Narcotic Trafficking, Drug Addiction and Related Offences, hereinafter referred to as "the Committee", composed of the competent authorities from both Parties. The Parties shall alternately host the meetings of the Committee to be held on annual basis. In case of necessity, extraordinary meetings shall be convened by the agreement of the Parties.

2- Competent authorities from both Governments shall compose the Committee which shall be tasked to implement and monitor the implementation of this Memorandum of Understanding. The Department of Foreign Affairs (DFA) and the Secretary of the Interior and Local Government, through the National Drug Law Enforcement and Prevention Coordinating Center (NDLEPCC), shall be the competent authorities for the Philippine Government and, in the case of the Islamic Republic of Iran, it shall be the Drug Control Headquarters.

3- Each Party:

a- shall introduce a Focal Point to facilitate faster and direct contacts

b- may adopt or encourage other mutually beneficial forms and methods of cooperation that could be undertaken on the basis of experiences in the implementation of this Memorandum of Understanding.

ARTICLE 5
BILATERAL CONSULTATIONS

Disputable questions arising out of or in connection with the interpretation or implementation of this Memorandum of Understanding shall be resolved by both Parties through consultation in accordance with the relevant norms of international law.

ARTICLE 6
AMENDMENTS/MODIFICATIONS/REVISIONS

Either Party may request in writing, through diplomatic channels an amendment, revision or modification of the provisions of this Memorandum of Understanding. Such amendment, revision or modification shall be valid only upon the mutual consent of the Parties, and shall enter into force in accordance with the provision on entry into force.

ARTICLE 7
ENFORCEMENT, VALIDITY AND EXPIRATION

This Memorandum of Understanding shall enter into force on the date of the later written notification by the Parties, through diplomatic channels, indicating that their internal legal requirements for its entry into force have been complied with.

This Memorandum of Understanding shall remain valid fora period of five years and shall automatically be renewed for successive periods of two years, unless one of the Parties terminates it in writing, through diplomatic channels, by giving six months prior notice to the other Party.

IN WITNESS WHEREOF, the undersigned, being duly auhtorized by their respective Governments, have signed this Memorandum of Understanding.

Done in Tehran on 4 September 2000 in two original copies each in Persian and English languages, both texts being equally authentic.

For
The Republic of the Philippines
For
The Islamic Republic of Iran


(Sgd.)
LAURO L. BAJA, JR.

(Sgd.)
MOHAMMAD FALLAH

Undersecretary of Foreign Affairs
Department of Foreign Affairs (DFA)
Secretary General
Of the Drug Control Headquarters


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