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February 05, 1963

Note: The Agreement was concurred in by the Senate, S.R. No. 46, May 21, 1964. The Philippine instrument of ratification was signed by the President, September 16 1964. The Agreement entered into force, October 2, 1962 upon the exchange of ratification between the Parties.

Reference: This Agreement is also published in IV DFA TS No. 1, p. 30.

THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES

and

THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY

having in mind the friendly relations existing between the two states and their Peoples, firmly desiring to intensify those relations,

considering their common interest in cultivating and encouraging the technical and economic development of their States, and recognizing the benefit to be derived by both States from closer technical cooperation,

have agreed as follows:

ARTICLE 1

(1) The Contracting Parties shall endeavor to cooperate and support each other, within the limits of their possibilities, in technical problems in the fields mentioned in Article 2 below. Such cooperation shall take place on a basis of equal partnership.

(2) It is intended on the basis and within the framework of this Agreement to conclude arrangements regarding individual projects.

ARTICLE 2

The arrangements referred to in paragraph (2) of Article 1 above may provide that the Government of the Federal Republic of Germany shall assist the Government of the Republic of the Philippines:

1. in the establishment of technical training centres and model institutions by dispatching German teachers and technicians and by providing technical equipment.

2. by dispatching German experts, consultants for specific projects, and Government advisers.

ARTICLE 3

On the basis of arrangements concluded under paragraph (2) of Article above, the Government of the Federal Republic of Germany shall, endeavour to assist the Government of the Philippines:

1. by affording Philippine trainees opportunities to receive training at technical training institutions or industrial establishments in the Federal Republic of Germany,

2. by promoting the advanced technical education of Philippine specialists in Federal Republic of Germany.

ARTICLE 4

The Government of the Republic of the Philippines shall:

1. at its expense provide, as necessary, land and buildings including appurtenances for the individual projects in the Philippines;

2. bear the costs of operation and maintenance for the individual projects;

3. Provide at its expense indigenous technical and auxiliary staffs required for the individual projects as well as interpreters as required;

4. bear the costs of rent and maintenance of adequate furnished dwellings secured by the dispatched German experts, teachers and technicians for themselves and their families, or shall provide such dwellings;

5. bear the costs, of and pay daily allowances or per diems in accordance with established Philippine practice during duty trips undertaken by the German experts, teachers and technicians within Philippine territory, duly supported by Philippine official travel orders;

6. make provision for its part to ensure that, after an appropriate period of time, the German teachers and technicians can be replaced by suitable Philippine nationals. Further details may be settled by the arrangements mentioned in paragraph (2) of Article 1 above.

ARTICLE 5

The Government of the Republic of the Philippines shall, within the framework of projects of technical assistance and especially of projects in respect of which arrangements shall have been concluded under paragraph (.2) of Article 1 above.

1. permit the German experts, teachers and technicians as well as their families and other members of their households to enter or leave the country free of charge at any time, and grant free of charge labour and residence permits as and whenever required in connection with the execution of projects;

2. exempt from taxation and other fiscal charges, the German experts, teachers and technicians in respect of any emoluments paid to them by the German side;

3. exempt from all import and export duties and other public charges, including harbour dues, the articles provided by the Government of the Federal Republic of Germany for individual projects ;

4. exempt the dispatched German experts, teachers and technicians as well as their families and other members of their households from import and export duties as well as other fiscal charges in respect of the dutiable furniture and personal effects imported by them, provided that all such articles shall be re-exported; the term 'personal effects' shall also include, for each household, one motor-car, one refrigerator, one home freezer, one radio-record player, and tape-recorded, one television set, minor electrical appliances, as well as one air-conditioning appliance and one set of photographic equipment per person;

5. permit the dispatched German experts, teachers and technicians as well as their families duty-free to import medicaments, foodstuffs, beverages and other articles of daily use within the limits of personal requirements;

6. provide the dispatched German experts, teachers and technicians with documents identifying them and promising them full assistance by the appropriate national authorities in the performance of the tasks assigned to them.

ARTICLE 6

The provisions of this Agreement shall also apply to German experts, teachers and technicians who, on the entry into force of this Agreement, are already active in the territory of the Philippines within the framework of technical assistance made available by the Government of the Federal Republic of Germany.

ARTICLE 7

The Contracting Parties shall, subject to a special arrangement, inform each other about training and working plans of interest for the implementation of technical cooperation.

ARTICLE 8

This Agreement shall also apply to Land Berlin,' provided that the Government of the Federal Republic of Germany has not made a contrary declaration to the Government of the Republic of the Philippines within three months from the entry into force of this Agreement.

ARTICLE 9

(1) This Agreement shall be valid for a period of five years. Prior to the expiry of that period the Contracting Parties shall reach agreement as to whether technical cooperation should be continued in the manner laid down in this Agreement.

(2) After the expiry of this Agreement, any projects arranged under paragraph (1) of Article 2 above be carried to their completion under the continued application of the provisions of this Agreement.

ARTICLE 10

The present Agreement shall enter into force on the date on which the Government of the Republic of the Philippines shall inform the Government of the Federal Republic of Germany that it has been ratified.

Done at Bonn on the fifth of February nineteen-hundred and sixty-three in four originals two each in the English and German languages, all four texts being equally authentic.

Protocol of Signature

When signing the Agreement between the Government of the Republic of the Philippines and the Government of the Federal Republic of Germany regarding Technical Cooperation, the Contracting Parties have agreed on the following:

1) With reference to paragraph 2 of Article 1 of the Agreement it is understood that the arrangements mentioned therein will in each case determine the question of control and management of the individual project.

2) With reference to Article 2 of the Agreement it is understood that on the express wish of competent Philippine authorities, the underlying reasons and circumstances of which shall be stated, a German expert, teacher or technician shall be withdrawn by the German authorities.