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May 12, 1997


BASIC AGREEMENT ON TECHNICAL AND SCIENTIFIC COOPERATION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE UNITED MEXICAN STATES

The Government of the Republic of the Philippines and the Government of the United Mexican States, hereinafter referred to as the "Parties", 

MOTIVATED by the desire to strengthen the traditional ties of friendship existing between the Parties,

CONSCIOUS of their common interest to promote and foster technical and scientific progress and of the mutual advantages that would result from cooperation in fields of common interest,

CONVINCED of the importance of establishing mechanisms that contribute to the development of such cooperation and of the need to implement technical and scientific cooperation programs that have a significant impact on the economic and social advancement of their respective countries.

Have agreed as follows:

ARTICLE I

1. The Parties, based on the provisions of this Agreement, commit themselves hereby to formulate and execute, by mutual agreement, technical and scientific cooperation programs and projects, taking into account the priority areas of the two countries in research and development.

2. In their execution, such programs and projects may involve the participation of entities and bodies, including those in public and private sectors of both countries as well as universities, technical and scientific organizations and wherever deemed appropriate, non-governmental organizations.

3. On the basis of this Agreement, the Parties may sign supplementary technical and scientific cooperation agreements in specific areas as agreed upon; if deemed necessary, concerned institutions of the two Parties may also conclude separate agreements.

ARTICLE II

Technical and scientific cooperation between the Parties shall be effected through the following forms:

a) Joint or coordinated research and development programs and projects;

b) Exchange of experts;

c) Sending of equipment and material for and/or execution of specific projects;

d) Providing short term training in public civilian and private institutions for upgrading professional skills;

e) Preparation of internship programs for professional training;

f) Assistance in the establishment and operation of research institutions, laboratories or advanced training centers;

g) Organizing seminars, conferences and workshops;

h) Providing consultancy services and conducting feasibility studies;

i) Participation in joint research and development projects or programs with industrial applications;

j) Exchange of technical and scientific information; k) Any other arrangement agreed upon by the Parties.

ARTICLE III

Whenever deemed appropriate, the Parties may by mutual consent request for financing from and participation of International Organizations or institutions of Third Countries in the execution of programs and projects carried out under this Agreement. The cost of such participation for Third Countries should be paid by them, unless the Parties stipulate otherwise.

ARTICLE IV

1. In order to bring about effective coordination of the activities under this Agreement, the Parties will set up a Mixed Commission on Technical and Scientific Cooperation, composed of an equal number of representatives of the Parties. The Mixed Commission will meet biennially and alternately in each of the two countries on the dates agreed upon through diplomatic channels. The Mixed Commission will have the following functions:

A) To define the priority areas for technical and scientific cooperation, projects and programs;

B) To review and approve biennial technical and scientific cooperation projects and programs;

C) To oversee the proper implementation of this Agreement and submit to the Parties its recommendations for effective implementation of this Agreement.

2. Each program or project should specifiy the areas, objectives, financial and technical resources as well as the time frame agreed upon; in addition, the obligations including those pertaining to financial matters of each of the Parties should be specified.

3. Without prejudice to the provisions of Paragraph 1 of this Article, either Party may, at any date, submit specific projects or programs for the consideration and approval of the other Party.

4. All research and development programs and projects for its approval should be submitted for approval to a process of evaluation by counterparts which guarantee their quality and significance.

ARTICLE V

The costs of international transportation incurred in transferring personnel referred to in Article III B hereunder from one of the Parties hereto to the territory of the Other, will be covered by the Party which sends such personnel. The cost of lodging, meals and local transportation necessary to execute the programs and projects will be paid for by the receiving Party, unless specifically stipulated otherwise, or if such costs were the object of the particular agreements referred to in Articles III and IV, 2 of this Agreement.

ARTICLE VI

Each Party shall provide to the personnel of the other Party in its territory in connection with the execution of projects and programs all the facilities necessary for their functioning.

This would include facilities for their entry, stay and exit from its territory. The personnel sent to one of the Parties by the Other shall be subject to the provisions of the national legislation of the receiving country. Such personnel in no case shall engage in any activity other than their functions, nor receive any remuneration beyond that stipulated, without prior authorization of the Parties hereto.

ARTICLE VII

The Parties will grant each other all administrative and fiscal facilities necessary for the supply of equipment and materials to be used in the execution of projects in conformity with their respective national legislation.

ARTICLE VIII

The treatment of intellectual property arising from the cooperative activities under this Agreement shall be governed by the laws and regulations in force in the countries of the Parties.

ARTICLE IX

The executive bodies in charge of coordinating the cooperative activities derived from this Agreement will be for the Government of the Republic of the Philippines the Department of Foreign Affairs, and for the Government of the United Mexican States the Secretariat of Foreign Affairs.

ARTICLE X

1. This Agreement shall enter into force from the date on which the Parties shall have notified each other, through diplomatic channels, the completion of necessary national legal procedures. The Agreement will then remain in force for the next five years and will then be automatically renewed for subsequent periods of five years at a time, unless either of the Parties serves written notice to the Other six months in advance of its intention to terminate the Agreement prior to its expiry, through diplomatic channels.

2. This Agreement may be amended by mutual consent and the amendment agreed upon shall enter into force as soon as each Party notifies the Other through diplomatic channels the completion of the formalities as required by its national legislation.

3. The termination of this Agreement will not affect the conclusion of the programs and projects already under execution, unless the Parties agree to the contrary.

Signed in Mexico City this 12th day of May, Nineteen Hundred and Ninety-Seven, in two English and Spanish originals, both texts being equally authentic.

For the Government of the
Republic of the Philippines


For the Government of the
United Mexican States

(SGD.) DOMINGO L. SIAZON, JR.
Secretary for Foreign Affairs


(SGD.) ANGEL GURRIAs
Secretary for Foreign Affairs

Entry into Force: April 28, 1999



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