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February 11, 1983

  GENERAL

1. THIS MEMORANDUM expresses the understandings of the Governments of the Philippines and Australia concerning the responsibilities and contributions respectively of the two Governments in regard to the Acute Respiratory .Infections Research Project located in Bohol Province of the Philippines which is intended to assist in the establishment and support of an ARI rural area research unit as further described and detailed in Annex I to this Memorandum.

AUTHORITIES

2. The Executing Authorities for this Project will be: For the Government of the Philippines: The Research Institute for Tropical Medicine, the Ministry of Health. For the Australian Government: The Australian Development Assistance Bureau of the Department of Foreign Affairs. The Australian Development Assistance Bureau may nominate suitably qualified agents to undertake any part of its functions on its behalf.

DURATION

3. This Memorandum will take effect from the date of its signature and the Project will be deemed to have commenced from July 1982. The Australian contribution to the Project and all undertakings given herein will cease 3 years after the date of signature of this Memorandum or on such other date as may subsequently be arranged between the two Governments.

RESPONSIBILITY

4. Responsibility for development and direction of the Project will be vested in a Project Co-ordinating Committee, whose chairman will be as appointed by the Government of the Philippines. This Co-ordinating Committee will include representatives of the Philippine Government Ministry referred to in Clause 2 above, or nominated at the discretion of the Philippine Government, as well as a nominee designated by the Australian Embassy in Manila. The Co-ordinating Committee will meet not less than twice per year. Functions of the Project Co-ordinating Committee will include:

(a) co-ordinating policy for the Project,

(b) reviewing and reporting on progress to the two Governments,

(c) recommending to the two Governments changes in program, budget and future development.

5. Final responsibility for this project will rest with the Government of the Philippines.

CONTRIBUTIONS

6. The contributions of the Government of the Philippines and the Australian Government are detailed in Annex II. The estimated values of these contributions are P2,873,000 and $A310,000 respectively. Disbursement of the Australian contribution will be subject to the normal annual parliamentary approval of appropriations.

EVALUATION

7. An evaluation of progress of the Project maybe made at times arranged between, and mutually convenient to, the Philippine and Australian Governments. Such an evaluation would be undertaken by a joint investigation team appointed by the two Governments and independent of staff involved in the Project.

CLAIMS

8. Since assistance under this Memorandum of Understanding is provided for the benefit of the Government and people of the Philippines, the Government of the Philippines will bear all risks arising from operations under this Memorandum of Understanding. The Government of the Philippines will deal with any claims which may be brought by third parties against the Australian Government, its servants or Australian personnel and will hold harmless the Australian Government and Australian personnel in case of any claims resulting from operations under the Memorandum of Understanding except where it is mutually decided by the two Governments that such claims arise from gross negligence or wilful misconduct of agents of the Australian Government or of Australian personnel.

AMENDMENTS

9. Amendments to this Memorandum may be made at any time by an exchange of Letters between the signatories.

ANNEXURES to this Memorandum form an integral part of it.

SIGNED at Manila, in duplicate, this 11th day of February 1983.

             

(Sgd.) CARLOS P. ROMULO	(Sgd.)
FOR THE GOVERNMENT OF   THE PHILIPPINES	FOR THE GOVERNMENT OF   AUSTRALIA