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February 17, 1998

DESIROUS of expanding, enhancing, and strengthening bilateral relations and cooperation on a lasting and long-term basis;

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

GUIDED by ASEAN's vision for its rich human and natural resources to contribute in achieving socio-economic development and shared prosperity in the Southeast Asian region based on the principles of equality, mutual benefit and full respect of sovereignty:

HAVE AGREED as follows:

ARTICLE I
GENERAL OBJECTIVE

The Government of the Republic of the Philippines shall offer a package of assistance on human resources development (HRD) to the Government of the Union of Myanmar based on Annex A (Project Proposal) which forms part of this Memorandum of Understanding.

ARTICLE II
COORDINATING AGENCIES

The lead coordinating and implementing agency for the Government of the Republic of the Philippines shall be the National Economic and Development Authority. The Ministry for National Planning and Economic Development shall be the lead coordinating and implementing agency for the Government of the Union of Myanmar.

The two coordinating agencies shall be responsible for the planning and coordination of the Programs under this Memorandum of Understanding. Their functions shall include, but not limited to, the following:

(a) establishing priorities for the various Programs;

(b) selecting activities for implementation;

(c) reviewing and reporting on the progress of the various Programs to the two Governments; and

(d) recommending to the two Governments any appropriate changes to the Program, including budget and future development.

ARTICLE III
AREAS OF COLLABORATION

The HRD Package of Assistance shall consist of scholarship slots offered to the citizens of Myanmar on the following areas: construction management, economics, statistics, project development, monitoring and evaluation.

ARTICLE IV
BASIC COMMITMENTS

The Contracting Parties shall have the responsibilities of working together for the successful implementation of the HRD Package of Assistance and of coordinating and making representations with high-level officials for the possible extension of the same HRD package of assistance to other prospective members of the ASEAN, such as Laos and Cambodia.

ARTICLE V
RESPONSIBILITIES OF THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES

The Government of the Republic of the Philippines shall have the following responsibilities:

1. package an HRD assistance program to offer scholarship slots to selected and qualified citizens of the Union of Myanmar. This HRD Package of Assistance shall cover the primary and incidental expenses associated with the scholarship, such as: airfare, tuition fee, monthly/weekly stipend, lodging, book allowance, thesis allowance, field trip allowance, health insurance, and administrative costs for the smooth implementation of the program;

2. coordinate with selected educational and training institutions within the country to participate in the HRD Program. These institutions shall have established themselves in their respective areas of competence;

3. offer scholarship programs in the following areas: construction management, economics, statistics, project development, implementation, monitoring, and evaluation. These areas may, however, be expanded to include other areas which may be mutually agreed upon by both governments;

4. responsible for the smooth implementation of the HRD Package of Assistance, after such package shall have been deemed acceptable by the Government of the Union of Myanmar;

5. coordinate with the cooperating institutions on the type of education and training assistance to be provided as well as in student placement and other incidental services needed to ensure completion by the students of their program on time;

6. provide assistance, in coordination with pertinent bodies, that will enable students to enrich their academic and social life in a way that will strengthen Philippine-Myanmar cultural relations;

7. facilitate the entry and departure of Myanmar scholars through coordination with appropriate organizations (immigration authorities, embassy, travel agencies, and the like);

8. monitor the performance of the scholars and provide counseling services, if necessary;

9. devise other options that will be designed to create a higher multiplier effect for the type of scholarship being offered;

10. make representations with high-level officials of both the Governments of the Republic of the Philippines and the Union of Myanmar to enhance the implementation of the assistance.

ARTICLE VI
RESPONSIBILITIES OF THE GOVERNMENT OF THE UNION OF MYANMAR

The Government of the Union of Myanmar shall have the following responsibilities:

1. nominate qualified candidates who will avail themselves of the HRD package of assistance;

2. provide candidates with the necessary pre-departure expenses;

3. adhere to the admission requirements of the participating universities;

4. assist the Government of the Republic of the Philippines in facilitating the entry and departure of Myanmar scholars;

5. ensure that the candidates sent to the Philippines shall adhere to the national laws and foreign student regulations and other rules of conduct; and

6. recommend ways and means which enhance the implementation of the HRD I package as well as Philippines-Myanmar cultural relations.

ARTICLE VII
SUBSIDIARY ARRANGEMENTS

1. In support of the objectives of this Memorandum of Understanding, the Government of the Republic of the Philippines and the Government of the Union of Myanmar, through their respective coordinating agencies, may conclude subsidiary arrangements in respect of specific activities.

2. Subsidiary arrangements shall make specific reference to this Memorandum of Understanding and the terms thereof shall apply to such subsidiary arrangements. The Subsidiary arrangements shall set out:

(a) the name and duration of the activity or program;

(b) a description of the activity and statement of its objectives;

(c) the implementing agencies in both countries;

(d) potential benefits of the activity;

(e) details of the contribution to the activity or program by the two Governments and other donors including:

(i) estimated budget;

(ii) financial contributions;

(iii) materials, services and equipment to be supplied;

(iv) the number and areas of expertise of the participants;

(f) arrangements for management and control, including those for reporting;

(g) timetable for implementation; and

(h) procedures for evaluation and review.

ARTICLE VIII
ENTRY INTO FORCE

This Agreement shall come into force on the date of the latter notification by either Contracting Party, through diplomatic channels, that its domestic requirements have been complied with.

ARTICLE IX
VALIDITY AND DURATION

This Agreement shall remain in force for a period of two years and upon the expiry thereof shall automatically remain in force unless either Contracting Party notifies the other in writing, through diplomatic channels, of its intention to terminate the Agreement at least six months prior to the intended date of termination.

ARTICLE X
TERMINATION

The termination of the present Agreement shall not affect the validity and duration of any arrangement and/or contract made under the present Agreement until the completion of such arrangement or contract.

ARTICLE XI
AMENDMENT

Either Contracting Party may request in writing a revision or amendment or termination of all or parts of this Agreement. Any revision or amendment which has been agreed to by both parties shall come into effect on such date as is determined by both Contracting Parties.

ARTICLE XII
SETTLEMENT OF DISPUTES

Any differences between the Contracting Parties concerning the interpretation and/or implementation of the present Agreement shall be settled amicably through consultations or negotiations.

IN WITNESS WHEREOF, the undersigned duly authorized by their respective Governments, have signed the present agreement and have affixed thereto their seal.

DONE at Manila on the 17th day of February 1998, in two original copies in the English language.

Entry into Force: May 20, 1998