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May 26, 1983


AGREEMENT ON ECONOMIC, SCIENTIFIC AND TECHNICAL CO-OPERATION BETWEEN THE REPUBLIC OF THE PHILIPPINES AND THE REPUBLIC OF IRAQ

The Government of the Republic of the Philippines and the Government of the Republic of Iraq hereinafter referred to as the Contracting Parties, desirous to promote Economic, Scientific and Technical Co-operation between their two countries in accordance with their development needs and objectives, on equitable and mutually beneficial basis, have agreed to conclude this Agreement and appointed for this purpose as their Plenipotentiaries:

                 
H. E. ROBERTO V. ONGPINFOR THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES
  
H. E. HASSAN ALIFOR THE GOVERNMENT OF THE REPUBLIC OF IRAQ

who have exchanged their full powers, found them to be in good and due form have agreed as follows:

ARTICLE I

The Contracting Parties shall take appropriate measures to promote and expand economic, scientific and technical cooperation between their two countries, particularly in the following fields in accordance with the laws, rules and regulations in force in their respective countries:

- Industry;
  - Oil industry;
  - Energy;
  - Housing and Constructions;
  - Agriculture;
  - Health;
  - Irrigation;
  - Tourism;
  - Scientific research and
  - Training

ARTICLE 2

The fields of cooperation mentioned in this Agreement, shall include inter alia, the following:

1. Encouragement of the participation of their respective enterprises in the construction of agricultural, animal, housing, industrial and technical development projects in their two countries

2. Encouragement of exchanging of information relating to scientific and technical research.

3. Encouragement of exchanging and training of technical staff including professionals and experts required for specific cooperation programmes.

4. Granting of fellowships for graduate and postgraduate studies, study tours and other training programmes.

5. Conducting joint studies and research.

ARTICLE 3

Contracts concluded and arrangements agreed upon between the relevant organisations and companies of their respective countries shall be in accordance with the laws and regulations of the two countries.

ARTICLE 4

1. The two Contracting Parties shall urge their organisations and enterprises to take into consideration the following principals in submitting their offers:

a. High quality of the technical specifications;

b. Speed in submitting offers, concluding contracts and implementing projects;

c. Competetive prices;

d. Providing spare parts, equipment, materials and after sale services at competetive prices.

2. The Two Contracting Parties shall also look into the possibilities of projects to be implemented on a turn key bases whenever practicable.

ARTICLE 5

Each Contracting Party shall refrain from conveying to a third country or organisations or citizens of a third country, economic and technological information and data of specific nature acquired in the course of the implementation of this Agreement without prior written consent of the other Contracting Party.

ARTICLE 6

1. A Joint Philippine-Iraqi Commission shall be established. It will convene at the request of either of the two Contracting Parties, alternately in Manila and Baghdad.
  The Commission shall be entrusted with the following functions:

a- To review and follow up the operation of this Agreement and endeavour to eliminate all obstacles and problems which may arise through recommendations and suggestions put forward in this respect.

b- To submit to the two Contracting Parties proposals aimed at promoting and expanding economic, scientific and technical cooperation between the two countries.

2. The Joint Committee established in accordance with Article (6) of the Trade Agreement concluded between the two countries on 1st October 1981 shall meet within the context of this Joint Commission and shall be guided by its directives.

ARTICLE 7

The Joint Commission may seek mutually acceptable solutions to any problems or disputes that may arise in relation to any contract and commercial arrangements concluded within the scope of this Agreement. This shall not preclude the application of the specific provisions for the settlement of disputes stipulated in the relevant contracts.

ARTICLE 8

1. Scientists, technologists, experts, researchers, technicians, professionals, fellows, workers and other persons exchanged or provided under this Agreement shall observe the laws and regulations in force in the country to which they are sent.

2. Each Contracting Party shall render necessary assistance to the scientists, technicians, technologists, experts, researchers, professionals, fellows and other persons sent by the other Contracting Party under this Agreement to enable them to accomplish their missions.

ARTICLE 9

The Contracting Parties shall become joint owners of inventions and discoveries resulting from the activities undertaken under this Agreement and may register such inventions under their respective copyright and patent laws, subject to the specific project arrangements or contracts under Article (3) of this Agreement.

ARTICLE 10

All payments between the two countries under this Agreement shall be effected in freely convertible currency in accordance with the foreign exchange regulations and other pertinent laws, rules and regulations in force in the respective countries.

ARTICLE 11

The provisions of this Agreement shall remain valid after its termination in regard to contracts concluded during the period of its validity until such contracts have been completely executed.

ARTICLE 12

This Agreement shall not affect the implementation of bilateral and multilateral commitments of either of the two Contracting Parties.

ARTICLE 13

1. This Agreement shall come into force on the date of the exchange of notes confirming its approval in accordance with the constitutional procedures in the two countries. It shall remain in force for a period of three years and shall continue in force thereafter on a yearly basis unless a written notification given by either Contracting Party three months prior to its expiry, expressing the desire to terminate the Agreement.

2. This Agreement may be amended at any time by mutual consent of the two Contracting Parties, which shall be subject to the same procedures mentioned in para 1 above.

DONE AND SIGNED IN MANILA ON THE 26th DAY OF MAY, 1983.

IN TWO ORIGINAL COPIES IN THE ARABIC, FILIPINO AND ENGLISH LANGUAGES, ALL TEXTS BEING EQUALLY AUTHENTIC. IN THE EVENT OF DIFFERENCES IN INTERPRETATIONS BETWEEN THE ARABIC AND THE FILIPINO TEXTS, THE ENGLISH TEXT SHALL PREVAIL.

                           
FOR THE GOVERNMENT OF THE
  REPUBLIC OF THE PHILIPPINES
FOR THE GOVERNMENT OF THE
  REPUBLIC OF IRAQ


(Sgd.) ROBERTO ONGPIN
(Sgd.) HASSAN ALI
MINISTER OF TRADE AND INDUSTRY
MINISTER OF TRADE


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