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August 17, 1999

The Government of the Republic of the Philippines and the Government of His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam (hereinafter referred to as the "Parties").

Desirous of expanding and enhancing bilateral relations and cooperation on a lasting and long-term basis;

Convinced of the necessity of the lasting and effective cooperation in the interests of both countries;

Confirming their interest in the strengthening of existing friendly relations and cooperation between the two countries based on the principle of equality, mutual benefit and full respect of sovereignty;

Have reached the following understanding:

ARTICLE I

1. The Parties shall establish a joint Commission (hereinafter called the "Commission") to facilitate consultation and cooperation between the two countries in the fields of mutual interest.

2. The Commission shall consider ways and means to promote the abovementioned consultation and cooperation and to ensure the proper coordination and implementation of its decisions and/or recommendations.

ARTICLE II

1. The Commission shall be headed by the respective Foreign Ministers, or their designated representatives. The composition of the Commission shall be determined by the Parties.

2. The terms of reference of the Commission are contained in the annex attached hereto and forms part of this Memorandum of Understanding.

ARTICLE III

The Commission shall determine its rules and procedures and may establish committees, sub-committees, and/or working groups with specific subjects bought before it.

ARTICLE IV

1. The Commission shall meet at the written request of either Party, with agreement of the other, alternately in the Republic of the Philippines and Brunei Darussalam.

2. The meeting of the Commission shall be preceded by a meeting at the level of Senior Officials.

ARTICLE V

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

2. This Memorandum of Understanding shall remain in force for a period of five years from the date of its entry into force. Thereafter, it shall automatically be renewed for another five years, unless either of the Parties give written notice to the other through diplomatic channels to:

a. terminate the Memorandum of Understanding; or

b. to renew the Memorandum of Understanding for a shorter period.

3. This Memorandum of Understanding may be terminated by

a. either of the Parties by giving six (6) months’ written notice to the other; or

b. mutual agreement at any time.

4. In the event of the termination, the provisions of this Memorandum of Understanding shall remain applicable to ongoing programmes until their completion unless the Parties agree otherwise.

5. Either Party may request in writing through diplomatic channels, a revision or amendment of all or pan of this Memorandum of Understanding. Any revision or amendment which has been agreed to by the Parties shall come into effect following its approval by the Parties on a date to be mutually agreed.

ARTICLE VI

Any differences regarding the interpretation or application of this Memorandum of Understanding shall be resolved amicably by consultation between the Parties.

ARTICLE VII

1. The Parties shall observe the levels of security classification of this Memorandum of Understanding in accordance with their respective national laws and procedures.

2. The Parties shall keep confidential, and not without prior written consent of the other, disclose to any third party, documents or information acquired as a result of or pursuant to this Memorandum of Understanding.

3. The Parties shall protect any classified information to which it may gain access as a result of or pursuant to this Memorandum of Understanding.

4. The provisions of this Article shall continue to apply even after any termination of or withdrawal from this Memorandum of Understanding.

IN WITNESS WHEREOF, the undersigned, duly authorised thereto by their respective Governments, have signed the present Memorandum of Understanding.

DONE AT Bandar Seri Begawan, Brunei Darussalam this 17 day of August 1999, in two original copies in the English language, both being equally authentic and valid.

 

FOR THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES	FOR THE GOVERNMENT OF HIS MAJESTY THE SULTAN AND YANG Dl-PERTUAN OF BRUNEI DARUSSALAM
(Sgd.) HIS EXCELLENCY DOMINGO L. SIAZON JR.	(Sgd.) HIS ROYAL HIGHNESS PRINCE MOHAMED BOLKIAH
Secretary of Foreign Affairs	Minister of Foreign Affairs

 

TERMS OF REFERENCE OF THE JOINT COMMISSION FOR BILATERAL COOPERATION
BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND
THE GOVERNMENT OF HIS MAJESTY THE SULTAN AND YANG Dl-PERTUAN OF BRUNEI DARUSSALAM

OBJECTIVES

1. The objectives of the Joint Commission shall be:-

a. To promote bilateral relations and cooperation. These are to be achieved through the implementation of agreed projects or measures.

b. To facilitate the implementation of the agreements and other related memoranda of understanding between the two countries.

c. To coordinate the activities of existing and future fora between Ministries and agencies of both countries with a view to achieving the broad objectives mentioned in paragraph a above.

SCOPE

2. The Joint Commission shall cover all aspects of bilateral relations.

3. The Joint Commission shall coordinate the work of the various existing committees, sub-committees, and/or working groups. It may make recommendations to these said bodies as and when necessary so as to facilitate the work of these committees.

4. The Joint Commission may establish additional committees, sub-committees and/or working groups to deal with specific issues in accordance with Article 111 of the Memorandum of Understanding.

5. The Joint Commission shall be regularly kept informed of the results of the meeting of various committees, sub-committees and/or working groups.

FREQUENCY OF MEETING

6. The Joint Commission shall meet at the written request of either Party. Special sessions of the Joint Commission may be convened at the request of either Party at a time agreed upon by both Parties.

7. The meeting of the Commission shall be preceded by a meeting at the level of Senior Officials.

SENIOR OFFICIALS MEETING

8. The preparations for the Joint Commission Meeting will be undertaken by the Senior Officials Meeting. The Senior Officials meeting shall also ensure the implementation of all decisions and recommendations of the Joint Commission.

COMPOSITION

9. The Joint Commission shall be led by the Ministers of Foreign Affairs of their respective countries, or their designated representatives. The composition of the Joint Commission shall be determined by the Parties.

CHAIRMANSHIP

10. Chairmanship of the Joint Commission .Meeting shall be jointly assumed by the leaders of the respective delegations.

VENUE

11. The venue of the Joint Commission Meeting shall be alternated between the Republic of the Philippines and Brunei Darussalam.

AGENDA

12. The provisional agenda for the Joint Commission Meeting shall be proposed by the host country at least one month before the scheduled date of the meeting.

13. In the event that the Joint Commission does not meet, the Joint Commission shall be duly informed of any proposals and/or agenda put forward by the various committees, sub-committees and/or working groups.

RECORDS

14. The host country shall be responsible for the preparation of the agreed records.

CHANNEL OF COMMUNICATION

15. All communications shall be made through diplomatic channels of the respective countries which shall act as Secretariat of the Joint Commission.

PRESS RELEASE

16. All records of the Joint Commission shall be kept confidential. However, the Joint Commission may issue statements to the press as it considers appropriate.