Supreme Court E-Library
Information At Your Fingertips

May 09, 2000

WHEREAS, the Government of the Republic of the Philippines (the Philippines) has requested the Government of the Republic of Finland (Finland) for financing to strengthen the immunization programme for introducing the new acute respiratory infection vaccines (ARIVAC) in the Philippines (the Project);

WHEREAS, Finland has decided to comply with the request;

NOW, THEREFORE, the Philippines and Finland, herein referred to as the "Parties";

DESIRING to strengthen the friendly relations existing between the two States and their peoples;

CONFIRMING as the objectives of the co-operation, the reduction of poverty; the promotion of sustained economic growth, and development of the environment; the promotion of democracy and human rights, including the right to development; and

OBSERVING that the overall responsibility for the Project lies with the Philippines; HAVE reached the following understanding:

ARTICLE I
SCOPE AND OBJECTIVES

1. This Agreement sets forth the terms and procedures for Finland's financing of the technical assistance for the implementation of the Project in the island province of Bohol, Central Philippines, as set out in the Project Document, dated January 2000, and .attached as Annex 1 to this Agreement, as well as according to the annual work plans mutually agreed upon.

2. The objective of the Project is to strengthen and develop further a well functioning high quality expanded programme on immunizations (EPI) in the Philippines, aim at introducing new acute respiratory infections (ART) vaccines into EPI.

ARTICLE II
PRINCIPLES OF CO-OPERATION

1. Adherence to the principle of equality among nations, respect for democratic principles, good governance and the rule of law, respect for international law, and the promotion and respect for all human rights, including the right to development, shall be the basis for the co-operation between the Philippines and Finland and shall constitute an essential element of this Agreement.

2. The Project shall be implemented in accordance with the principles of transparency and open dialogue.

3. The Philippines and Finland shall co-operate to fully ensure that the objectives of the Project are successfully attained.

ARTICLE III
COMPETENT AUTHORITIES

1. The authorities competent to represent the Parties in matters pertaining to the implementation of this Agreement shall be the Ministry for Foreign Affairs of Finland, represented in the Philippines by the Embassy of Finland, and the Philippine Department of Health, represented by the Research Institute for Tropical Medicine.

ARTICLE IV
DEFINITIONS

1. For the purposes of this Agreement:

a) "Project" refers to this bilateral Philippine-Finnish initiative whose overall objective is to attempt to identify ways of reducing infant and under 5 morbidity and mortality, by improving the performance of EPI and the case management of ARI.

b) "Commodities" means goods, materials, vehicles, machinery, equipment and any other goods supplied by Finland to the Project, the cost of which is funded from the contribution of Finland.

ARTICLE V
CONTRIBUTIONS AND OBLIGATIONS BY FINLAND

1. Finland's maximum contribution towards the implementation of the Project in 2000-2002 will not exceed four million Finnish markka (FIM 4,000,000.00), to be used exclusively to finance the Project. The contribution shall only be used up to the actual amount necessary to cover the costs resulting from the implementation of the Project as specified in the Project Document.

2. Remittances by Finland to the Philippines shall be in convertible currency.

ARTICLE VI
CONTRIBUTIONS AND OBLIGATIONS BY THE PHILIPPINES

1. The Philippines shall provide the necessary manpower, office space and equipment, amounting to approximately Pesos 3, 167, 928 (three million one hundred sixty seven thousand, nine hundred twenty eight pesos). This constitutes the Philippines' financial contribution towards the implementation of the Project, as specified in the attached Project Document.

2. Promptly inform Finland of any condition which interferes or threatens to interfere with the successful implementation of the Project.

3. Impose no currency of foreign exchange restrictions on funds introduced into the Philippines by Finland for the purpose of implementation of the Project, in accordance with the existing Philippine laws.

4. The DOH, through the RITM, will be responsible for the financial management of the Finnish fund through the Tropical Medicine Foundations Incorporated (NTMI).

ARTICLE VII
PROCUREMENT

1. All procurement shall be performed in accordance with the generally accepted principles and good procurement practices and in accordance with COA (Commission on Audit of the Philippines) guidelines. In addition, the invitations to tender as well as procurement contracts shall, respectively include a clause on the possibility of the tender being rejected and the contract being canceled, in case any illegal or corrupt practices have been connected with the award of the execution of the contract.

ARTICLE VIII
INFORMATION

1. The Parties shall:

a) promptly inform each other of any event or situation which might affect the implementation of the Project, and;

b) ensure that all relevant authorities and other organizations are informed of this Agreement and the Project.

2. Any publication or any material produced in connection with the Project shall bear an acknowledgement that the Project is being or has been implemented with the financial contribution of Finland within the framework of Finnish development cooperation.

3. The Parties agree that ownership of any data/information gathered or resulting from the Project belongs to the Philippines. In this regard, dissemination of such data/information may be made with the consent of the Philippines.

4. Both Parties shall have the right to disseminate general publicity/description regarding the Project to the general public and other interested Parties.

ARTICLE IX
REPORTING AND MONITORING

1. The implementing agencies specified in the Project Document shall submit regular reports on the implementation of the Project, prepared in accordance with the guidelines agreed upon in detail between the Parties.

2. The competent authorities representing both Parties may initiate and carry out any inspection or audit regarding the implementation of the Project.

ARTICLE X
CONSULTATION

1. The Parties shall be available to each other for mutual consultations in order to:

a) follow-up the co-operation; and

b) assess the attainment of the objectives of the co-operation as well as the objectives and purposes of the Project.

2. The Parties shall provide each other with all necessary information for the purposes of the consultations.

ARTICLE XI
SETTLEMENT OF THE DISPUTES

1. Differences which may arise relating to the interpretation and application of the provision of this Agreement shall be resolved by means of negotiations between the Parties or as in any other manner which may be mutually agreed upon.

ARTICLE XII
SUSPENSION

1. Both Parties shall have the right, after consulting the other Party, to suspend in whole or in part the financing of the Project, if:

a) the financing by the other Party is not forthcoming in accordance with this Agreement and the Project:

b) any other obligation under this Agreement or the Project Document is not fulfilled;

c) management of the Project is deemed to be unsatisfactory;

d) a condition has arisen which interferes or threatens to interfere with the carrying out of the Project or the accomplishment of the objective and purposes of the Project; or

e) the suspension is warranted by a fundamental change in the circumstances under which the Project was started.

2. The suspension shall cease as soon as the event or events which gave rise to the suspension ceases to exist.

3. Finland shall have the right to claim reimbursement in full or in part of the Finnish contribution if it is found to be misused or not satisfactorily accounted for.

ARTICLE XIII
SPECIAL PROVISIONS

1. Both Parties shall have the right to evaluate the Project during and at the end of its implementation.

2. Commodities procured in or imported into the Philippines under this Agreement for purposes of this Project shall be at the exclusive disposal of the Project. Upon the completion of the Project, the commodities shall become the property of the Philippines. In case the Parties agree to have continuing phases of the Project, the commodities shall become the property of the Philippines upon the completion of the said phases.

3. Other obligations of the Parties are specified in the Project Document.

ARTICLE XIV
ENTRY-INTO-FORCE

1. This Agreement shall enter into force on the date of the later notification by either Party, through diplomatic channels, that the domestic requirements for its entry into force have been complied with. Pending the Agreement's entry into force, it shall be provisionally effective.

2. Either Party may request in writing, through diplomatic channels, to amend any provision of this Agreement. Any amendment shall enter into force in accordance with paragraph 1 of this Article.

3. This Agreement shall remain in force until both Parties have fulfilled all obligations arising therefrom, unless terminated by either Party by giving prior notice three months before to that effect. The determination of the fulfillment of these obligations shall be made in consultation between the Parties.

Done in Manila on 9 May 2000, in two originals in the English language.

(Sgd.) ALBERTO G. ROMUALDEZ, JR.	(Sgd.) PERTTI MAJANEN
Department of Health Secretary	Ambassador Extraordinary and Plenipotentiary
FOR THE GOVERNMENT OF	FOR THE GOVERNMENT OF
THE REPUBLIC OF THE PHILIPPINES	THE REPUBLIC OF FINLAND

ANNEX: Project Document dated January 2000

Entry into Force: October 03, 2000