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August 08, 1996

THIS MEMORANDUM expresses the understandings of the Government of the Republic of the Philippines (GOP) and the Government of Australia (GOA) concerning the responsibilities and contributions respectively of the two Governments in regard to the provision of humanitarian food aid (hereafter referred to as the food aid) located at the Department of Social Welfare and Development (DSWD) in the Philippines. The food aid is intended to assist in meeting the immediate nutritional food needs of the victims of the Typhoon, particularly Typhoon Rosing, in the Philippines during the Australian financial year 1 July 1995 to 30 June 1996 as further described and detailed in Annex 1 of this Memorandum (Provision of Humanitarian Food Aid).

2. EXECUTING AUTHORITIES

(a) The Executing Authorities for this Memorandum will be:
For the GOA: The Australian Agency for International Development (AusAID) of the
Department of Foreign Affairs and Trade; and
For the GOP: National Disaster Coordinating Council (NDCC) thru the Department of Social Welfare and Development (DSWD);
AusAID may engage suitably qualified contractors to carry out activities describe in this Memorandum.

3. MANAGEMENT

Responsibility for oversight of the food aid will be vested in a Project Coordinating Committee (the Committee), whose membership will comprise two representatives each from the GOP, GOA and one donor appointee. The representative of the GOP will come from DSWD and DILG with the former as chairperson of the Committee. The GOA will appoint as Committee members, a representative of the Australian Embassy in Manila and an appointee of the GOA's choice. The Committee will meet not less than twice. Its functions will include:

(a) monitoring project implementation; and


(b) advising the two Governments on progress and recommending to the two Governments, changes in the project components, budget and future direction.

4. CONTRIBUTIONS

The contributions of the GOP and the GOA are detailed in Annex 1 of this Memorandum and are estimated to value A$l million and P5 million respectively. Disbursement of Australian contributions will be subject to the normal Australian annual parliamentary approval of appropriations.

5. EVALUATION

An evaluation of progress of the food aid may be made at times arranged between, and mutually convenient to, both Governments. Such an evaluation would be undertaken by a joint investigation team appointed by the two Governments and independent staff involved in the food aid.

6. SUPPLIES

The GOP will exempt from import duties and other taxes (or pay such duties thereon) the food aid.
The GOP will facilitate movement of the food aid by providing appropriate customs and wharfage facilities including any necessary storage costs in the first port of discharge of the food aid in the Philippines and will provide expeditious transport of such supplies from the first port of call of the particular vessel in the Philippines to the distribution sites.
The food aid will be available for the unrestricted use of the victims of the 1995 typhoons, particularly Typhoon Rosing and other disaster stricken areas as submitted to the GOA which form Annex 2 of this MOU, and will not be withdrawn from such use without the consent of the Australian Government.

7. CLAIMS RELATING TO PROJECT ACTIVITIES IN THE PHILIPPINES

a) The GOP will release the GOA, its officers, appointees or agents from all actions, suits, proceedings, claims and demands whatsoever which the GOP may now have or may in future have against them or any of them in relation to loss or damage resulting from, or consequent upon, the food aid;

b) The GOP will indemnify and at all times hereafter keep indemnified the GOA, its officers, appointees or agents against:

(i) all actions, suits, proceedings, claims and demands whatsoever, which any other party may now have or may in future have against them or any of them in relation to loss or damages resulting from, or consequent upon, the food aid; and

(ii) any claim for contributions which any party may have in the future against any of them in respect of any actions, suits, proceedings, claims and demands.

c) The release and indemnity referred to in subparagraphs 7 (a) and (b) will not apply where it has been mutually decided by the two Governments that a claim arises from gross negligence or wilful misconduct.

8. SETTLEMENT OF DIFFERENCES

The GOP and the GOA will cooperate to settle amicably by consultation, any differences arising under, or in relation to this Memorandum.

9. SECURITY

The GOP will arrange for the protective services necessary to ensure the safety of the food aid.

10. AMENDMENTS

If either the GOP or the GOA consider it desirable to modify the terms of this Memorandum,

SIGNED at the City of Pasay, in duplicate, this 8th day of August 1996.