Supreme Court E-Library
Information At Your Fingertips


  View printer friendly version

October 17, 1997


MEMORANDUM OF AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE LAO PEOPLES DEMOCRATIC REPUBLIC ON COOPERATION AGAINST ILLICIT TRAFFICKING OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND ABUSES THEREOF

THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE LAO PEOPLE'S DEMOCRATIC REPUBLIC (hereinafter referred to as the "Contracting Parties');

RECOGNIZING that the illicit use and traffic of drugs constitute a serious threat to the economy and endanger the physical health of the people of both states;

DESIRING to co-operate to combat and prevent illicit cultivation, production, distribution, and abuse of narcotic drugs and psychotropic substances;

OBSERVING the obligations provided in the Single Convention of Narcotic Drugs of 1961, the Convention on Psychotropic Substances of 1971 and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 (hereinafter referred to as the "1988 Convention");

BEARING in mind the constitutional, legal, and administrative systems and in deference to the inherent rights of the national sovereignty of the respective States;

HAVE AGREED AS FOLLOWS:

ARTICLE 1
OBLIGATIONS

Subject to the national laws and regulations in force and available resources in their respective States, the Contracting Parties shall encourage co-operation between their competent authorities to take appropriate measures where available to prevent and control:

(a) the illicit production, distribution and trafficking of narcotic drugs and psychotropic substances and their abuse; and

(b) the diversion of precursors and essential chemicals that may be used in the illicit manufacture of narcotic drugs and/or psychotropic substances.

ARTICLE 2
SCOPE OF CO-OPERATION

The Contracting Parties shall consider ways and means to promote and enhance the co-operation within the framework of this Agreement in respect of the following matters:

(a) exchange of information on legislative and practical measures aimed at suppression of illicit trafficking of narcotic drugs and reducing demand for them;

(b) exchange of studies, researches and information on treatment and rehabilitation of drug abusers for the purposes of improving effectiveness of the rehabilitation programmes carried out by the Contracting Parties and assisting their re-entry into society;

(c) prevention of drug abuse through exchange of educational and scientific information, as well as through campaigns, public information programmes, and similar undertakings;

(d) exchange of information in relevant fields of experience and expertise including scientific analysis in combatting the abuse of illicit narcotic drugs in psychotropic substances;

(e) exchange of visits including, where possible, visits of specialists from relevant organizations;

(f) exchange of information concerning new drugs used in illicit trafficking, methods of their research and identification;

(g) exchange of information on measures for purpose of confiscation or forfeiture of property or proceeds derived or obtained from illegal activities in relation to illicit trafficking of narcotic drugs;

(h) provision of the services of experts and exchange of personnel for training purposes in relevant fields including drug law enforcement training;

(i) measures to regulate the production, importation, exportation, storage, distribution, and sale of precursors, chemicals and solvents that may be used in the illicit manufacture of narcotic drugs and psychotropic substances; and

(j) such other fields as may be jointly decided by the Contracting Parties from time to time.

ARTICLE 3
CONTROLLED DELIVERY

The Contracting Parties shall consider in accordance with their national legislations, the possibilities and appropriateness of jointly applying the methods of controlled delivery, as defined under the 1988 Convention.

ARTICLE 4
CONFIDENTIALITY

The Contracting Parties shall keep confidential all information and documents to be exchanged pursuant to this Agreement and to be used only subject to such terms as each Contracting Party may specify. The Contracting Parties shall not use the information for purposes other than that specified without the prior consent of the other Contracting Party.

ARTICLE 5
CONSULTATIONS

The Contracting Parties shall if necessary, hold consultations for the purpose of coordinating and enhancing the effectiveness of co-operation envisaged in this Agreement. In addition, they may recommend other fields or forms of co-operation that could be undertaken on the basis of experiences in the implementation of this Agreement. Nothing in this Agreement shall prevent either Contracting Party from adopting or encouraging other mutually beneficial forms and methods of co-operation in combatting drug abuse and illicit traffic of narcotic drugs.

ARTICLE 6
FINANCIAL ARRANGEMENT

Any financial arrangement necessary to cover expenses for the implementation of the co-operative activities within the framework of this Agreement shall be agreed upon by the Contracting Parties in each individual case. The Contracting Parties shall consult to determine how these shall be met.

ARTICLE 7
ADMINISTRATION

For the purposes of the implementation of this Agreement there shall be designated a Coordinator. The Coordinator for the Republic of the Philippines shall be the Dangerous Drugs Board and for the Lao People's Democratic Republic shall be the National Commission for Drug Control and Prevention.

ARTICLE 8
COMPLIANCE WITH LAW

All activities resulting from this Agreement shall be developed in conformity with the laws and regulations in force in the Republic of the Philippines and the Lao People's Democratic Republic, respectively.

ARTICLE 9
REVISION AND AMENDMENT

Either Contracting Party may request in writing a revision of or amendment to this Agreement. Any revision or amendment agreed to by both Contracting Parties shall be reduced in writing and shall form part of this Agreement. Such revision or amendment shall come into effect on such date as may be determined by both Contracting Parties through diplomatic channels.

ARTICLE 10
SETTLEMENT OF DISPUTES

Any difference or dispute arising out of the interpretation or application of the provision of this Agreement shall be settled amicably by consultation or negotiation between the Contracting Parties without reference to any third party or international tribunal.

ARTICLE 11
ENTRY INTO FORCE, VALIDITY, AND TERMINATION

This Agreement shall enter into force on the date of signature and shall remain in force until such time as when it is terminated by either Contracting Party by giving the other, notice in writing, through diplomatic channels, of its intention to terminate the Agreement at least six (6) months prior to the intended date of termination.

The termination of this Agreement shall not affect any agreement or undertaking concluded or entered into during the term of this Agreement which shall be fulfilled in accordance with the provisions of such agreement or undertaking.

DONE at Vientiane, Lao People's Democratic Republic on the 17th day of October 1997, in four original texts, two each in English and Lao languages, all text being authentic. In the event of divergence between any of the texts of this Agreement, the English text shall prevail.

For the Government of the
Republic of the Philippines

(Sgd.) JAIME J. YAMBAO
Ambassador Extraordinary and
Plenipotentiary to the Lao People's
Democratic Republic

For the Government of
Lao People's Democratic Republic

(Sgd.) SOUBANH SRITHIRATH
Vice Minister for Foreign Affairs



© Supreme Court E-Library 2019
This website was designed and developed, and is maintained, by the E-Library Technical Staff in collaboration with the Management Information Systems Office.