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January 30, 1961

Note: The Agreement entered into force, January 30, 1961.

PREAMBLE

THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE REPUBLIC OF INDONESIA in furtherance of the efforts to strengthen and to guarantee the smooth functioning of the friendly and brotherly relations between the two countries, as reflected in the TREATY OF FRIENDSHIP OF JUNE 21, 1951, CULTURAL AGREEMENT OF APRIL 28, 1959, and EXCHANGE OF NOTES OF JULY 27, 1960, have agreed to implement the coordinated operations, which will be carried out by the PHILIPPINE NAVY and the INDONESIAN NAVY in order to enforce the law in the area between the Philippines and Indonesia.

THE PHILIPPINE NAVY AND THE INDONESIAN NAVY for the implementation of the above purpose have agreed as follows:

ARTICLE 1

The coordinated operations on law enforcement in the area between the Philippines and Indonesia will be directed by Subordinate Commands, for the Philippine Navy the Philippine Naval Station at Batu-Batu and for the Indonesian Naval Station at Tarakan.

ARTICLE 2

For the implementation of these operations, each Navy will station at least two Naval Patrol Vessels at their respective commands mentioned in article 1.

This minimum number of the Naval Patrol vessels may be increased in accordance with the needs, which will be the subject of further negotiations.

ARTICLE 3

To achieve maximum success of the coordinated effort of the operations each Navy will attach a Liaison Officer to the Command Headquarters of the other party.

ARTICLE 4

Concept of the coordinated operations will be as follows:

a. The normal method of patrolling to be employed by both Navies will be to conduct patrol operations in their respective territorial waters in the enforcement of the laws of their respective countries.

b. The Commanding Officer of the Philippine NavaL Station at Batu-Batu and of the Indonesian Naval Station at Tarakan will meet periodically to exchange information and to discuss methods of search, patrol, and apprehension.

c. The Commanding Officer of either Naval Station may, upon receipt of specific information, request for a coordinated operation in the area between the territorial waters of both countries, as need may arise.

c-1. For purposes of identification the area between the Philippines and Indonesia shall be divided into four Search and Patrol as follows (Annex IV):

(1) Search and Patrol area LUMM-LUMBA.

(2) Search and Patrol area TUNA-

(3) Search and Patrol area PAUS-

(4) The special area BANGUS.

c-2. The conduct of operations in these areas will be arranged according to attached Operation Procedure (Annex I).

c-3. The Command functions in the conduct of coordinated operations shall be as may be agreed upon the respective Naval Commanders.

ARTICLE 5

In order to obtain efficiency of the coordinated operation a maximum exchange of Intelligence Information will be undertaken by both Navies. The exchange of said information will be in accordance with the Intelligence Exchange Procedure attached (Annex II).

ARTICLE 6

Communications to effect efficient coordination of operations will be arranged according to the Communication Procedure attached (Annex III).

ARTICLE 7

The coordinating detail in the implementation of these operations will be arranged as follows:

a. In case of "hot pursuit" where the object of the pursuit is expected to take refuge in the territorial waters of the other party, the party pursuing will inform the other party, who will then make available the necessary vessels and/ or facilities to continue the pursuit and/or make the final apprehension.

b. A pursuit by one party can continue up to within the territorial water of the other only upon consent of the other party.

c. Whenever one party succeeds in apprehending nationals of the other party, the former shall immediately inform the latter.

Disposition of the offenders shall be the subject of immediate negotiations.

d. The disposition of smuggled goods and other evidences originating from either country apprehended by the other shall be the subject of immediate negotiations.

e. If, in either party's territory, there are elements that have escaped the pursuing party and are then hiding, the party in whose territory such elements are found will arrest and deliver them to the pursuing party following agreed procedures.

ARTICLE 8

Administrative matters including logistical arrangements for the conduct of the coordinated operations will be taken care of by each country in so far as their respective Navies are concerned.

ARTICLE 9

In case of divergence of opinion on the implementation and settlements of matters laid down in this Agreements, the statements will be submitted to the respective Governments.

ARTICLE 10

Matters not covered by this Agreements will be the subject of further negotiations.

ARTICLE 11

This Agreement is done in the English and the Indonesian languages which are equally valid.

ARTICLE 12

This Agreements enters into force on the date of signature.

Djakarta, January 30, 1961.