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December 08, 1982

SECTION I
AUTHORITY AND PURPOSE
IN ORDER TO IMPLEMENT PARAGRAPH 9 OF ANNEX III OF THE EXCHANGE OF NOTES OF 7 JANUARY 1979, AMENDING THE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF THE PHILIPPINES CONCERNING MILITARY BASES OF 14 MARCH 1947, THE CHIEF OF STAFF OF THE ARMED FORCES OF THE PHILIPPINES, IN HIS CAPACITY AS BASE COMMANDER AT CLARK AIR. BASE AND SUBIC NAVAL BASE, AND THE REPRESENTATIVE TO THE PHILIPPINES OF THE COMMANDER IN CHIEF OF THE UNITED STATES PACIFIC FORCES, FOR AND IN BEHALF OF THE UNITED STATES FACILITY COMMANDERS IN BOTH BASES, HAVE AGREED UPON THE FOLLOWING ADMINISTRATIVE ARRANGEMENTS FOR THE PERFORMANCE OF CUSTOMS, IMMIGRATION AND QUARANTINE FUNCTIONS IN UNITED STATES FACILITIES ON CLARK AIR BASE AND SUBIC NAVAL BASE IN THE PHILIPPINES (HEREINAFTER REFERRED TO AS UNITED STATES FACILITIES).

SECTION II
DEFINITION OF TERMS

1. CLASSIFIED CARGO - OFFICIAL INFORMATION OR MATTER IN ANY FORM WHICH IS CLEARLY MARKED WITH A DESIGNATED SECURITY CLASSIFICATION OR BY ACCOMPANYING DOCUMENTS INDICATING THAT IT REQUIRES PROTECTION IN THE INTEREST OF THE NATIONAL SECURITY OF THE UNITED STATES.

2. IN-TRANSIT CARGO - THAT CARGO TEMPORARILY OFFLOADED AT THE UNITED STATES FACILITIES FOR LATER ONWARD MOVEMENT TO ANOTHER PORT OUTSIDE OF THE REPUBLIC OF THE PHILIPPINES. THIS CARGO WILL BE CONTAINED WITHIN DESIGNATED AREAS AT THE UNITED STATES FACILITIES AND IN NO CASE ALLOWED TO ENTER THE CUSTOMS TERRITORY OF THE REPUBLIC OF THE PHILIPPINES OUTSIDE OF THOSE DESIGNATED AREAS.

3. OFFICIAL UNITED STATES MAIL - (A) UNITED STATES GOVERNMENT FRANKED MAIL, (B) OTHER MAIL ADDRESSED TO A UNITED STATES GOVERNMENT ORGANIZATION, AND (C) OTHER MAIL ADDRESSED TO A UNITED STATES GOVERNMENT OFFICIAL BY TITLE ONLY.

4. AIRCRAFT/VESSELS UNDER. CONTRACT/CHARTER WITH THE UNITED STATES ARMED FORCES -THOSE PRIVATELY OWNED AIRCRAFT /VESSELS CONTRACTED/CHARTERED BY THE UNITED STATES ARMED FORCES FOR MILITARY PURPOSES.

SECTION III
REPRESENTATIVES
THE PHILIPPINE BASE COMMANDERS AND UNITED STATES FACILITY COMMANDERS AT CLARK AIR BASE AND SUBIC NAVAL BASE, OR THEIR AUTHORIZED REPRESENTATIVES, WILL ACT AS THE PHILIPPINE REPRESENTATIVES AND UNITED STATES REPRESENTATIVES, RESPECTIVELY, FOR CLARK AIR BASE AND SUBIC NAVAL BASE, FOR PURPOSES OF NOTIFICATION AND OTHER IMPLEMENTATION PROCEDURES PURSUANT TO THESE ARRANGEMENTS.

SECTION IV
LIMITED PORTS OF ENTRY
FOR THE IMPLEMENTATION OF THESE ADMINISTRATIVE ARRANGEMENTS, CLARK AIR BASE AND SUBIC NAVAL BASE ARE DESIGNATED LIMITED PORTS OF ENTRY FOR CUSTOMS, IMMIGRATION AND QUARANTINE PURPOSES. VESSELS, AIRCRAFT, CARGO AND PERSONS AUTHORIZED ENTRY INTO THESE PORTS SHALL BE IN ACCORDANCE WITH THE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF THE PHILIPPINES CONCERNING MILITARY BASES OF 14 MARCH 1947, AS AMENDED (HEREINAFTER REFERRED TO AS THE MILITARY BASES AGREEMENT), AND EXISTING BILATERAL ARRANGEMENTS.

SECTION V
NOTIFICATION
THE PHILIPPINE REPRESENTATIVE WILL BE NOTIFIED IN ADVANCE BY THE UNITED STATES REPRESENTATIVE OF THE TIME AND PLACE OF ARRIVALS AND DEPARTURES OF ALL SHIPS AND AIRCRAFT WITH PASSENGER AND/OR CARGO EMBARKED, ENTERING OR LEAVING THE REPUBLIC OF THE PHILIPPINES THROUGH THE LIMITED PORTS OF ENTRY ESTABLISHED BY THESE ARRANGEMENTS.

SECTION VI
ARRIVAL AND DEPARTURE DOCUMENTS

1. THE FOLLOWING DOCUMENTS WILL BE PRESENTED UPON ARRIVAL OF VESSELS:

A. ALL VESSEL COMMANDERS/MASTERS WILL PRESENT A DULY EXECUTED MARITIME DECLARATION OF HEALTH AND A STATEMENT OF THE LAST PORT OF ENTRY OF THE VESSEL.

B. COMMANDERS/MASTERS OF CIVILIAN VESSELS WILL PRESENT THREE COPIES OF THE CREW LIST DULY VISAED BY A PHILIPPINE CONSULAR. OFFICER. NON-VISAED CREW LIST OF SUCH VESSELS WILL BE PROVIDED IN THREE COPIES FOR CUSTOMS, IMMIGRATION AND QUARANTINE INSPECTORS. HOWEVER, UNITED STATES PUBLIC VESSEL COMMANDERS WILL PRESENT A NAME LIST OF EMBARKED CIVILIAN CREW MEMBERS ONLY.

C. CIVILIAN CREW MEMBERS OF VESSELS WILL PRESENT THE SEAMAN'S CONTINUOUS DISCHARGE BOOK, A PASSPORT OR Z-CARD.

D. ALL VESSEL COMMANDERS/MASTERS WILL PRESENT

SECTION VI
FIVE COPIES OF THE CIVILIAN PASSENGER LIST, AND THREE COPIES OF THE MANIFESTS FOR CARGO DESTINED FOR THE PHILIPPINES.

E. THREE COPIES OF IN-TRANSIT CARGO MANIFESTS TO BE PROVIDED UPON REQUEST. IN RECOGNITION OF THE SOVEREIGNTY AND FOR THE PROTECTION OF THE SECURITY INTERESTS OF BOTH PARTIES, THE FORMAT FOR SUCH MANIFESTS WILL INCLUDE THE FOLLOWING ELEMENTS: VOYAGE NUMBER, DATE, TRANSPORTATION/CARGO CONTROL NUMBER, COMMODITY CODE OR DESCRIPTION, POINT OF EMBARKATION, NUMBER OF PIECES AND WEIGHT.

2. THE FOLLOWING DOCUMENTS WILL BE PRESENTED UPON ARRIVAL OF AIRCRAFT:

A. ALL AIRCRAFT COMMANDERS WILL PRESENT A DULY EXECUTED INTERNATIONAL GENERAL DECLARATION OF HEALTH EXCEPT THAT THE OFFICER IN COMMAND OF A FLIGHT OF TACTICAL AIRCRAFT MAY PRESENT A SINGLE SUCH DECLARATION FOR ALL AIRCRAFT OF THE FLIGHT IDENTIFYING THE TYPE AND NUMBER OF AIRCRAFT INVOLVED WITH THEIR CORRESPONDING TAIL NUMBERS.

B. COMMANDERS OF AIRCRAFT UNDER CONTRACT WITH THE UNITED STATES ARMED FORCES WILL PRESENT FIVE COPIES OF THE GENERAL DECLARATION OF CREW LIST INDICATING POSITION.

C. CREW MEMBERS OF AIRCRAFT UNDER CONTRACT WITH THE UNITED STATES ARMED FORCES WILL PRESENT A PASSPORT AND OTHER IDENTIFICATION, SUCH AS AIRCREW IDENTIFICATION.

D. AIRCRAFT COMMANDERS WILL PRESENT FIVE COPIES OF THE PASSENGER LIST AND THREE COPIES OF THE MANIFESTS FOR CARGO DESTINED FOR THE PHILIPPINES.

E. THREE COPIES OF IN-TRANSIT CARGO MANIFESTS TO BE PROVIDED UPON REQUEST. IN RECOGNITION OF THE SOVEREIGNTY AND FOR THE PROTECTION OF THE SECURITY INTERESTS OF BOTH PARTIES, THE FORMAT FOR SUCH MANIFESTS WILL INCLUDE THE FOLLOWING ELEMENTS: FLIGHT NUMBER, DATE, TRANSPORTATION/CARGO CONTROL NUMBER, COMMODITY CODE OH DESCRIPTION, POINT OF EMBARKATION, NUMBER OF PIECES AND WEIGHT.

3. MEMBERS OF THE ARMED FORCES OF THE UNITED STATES AUTHORIZED ENTRY UNDER ARTICLE XI OF THE MILITARY BASES AGREEMENT AND EXISTING BILATERAL ARRANGEMENTS WILL PRESENT UPON ARRIVAL AND DEPARTURE A VALID UNITED STATES GOVERNMENT IDENTIFICATION CARD AND OFFICIAL UNITED STATES MILITARY DOCUMENTATION OF THEIR TRAVEL AUTHORIZATION. PROVIDED, HOWEVER, THAT MEMBERS OF THE LIBERTY PARTY OF VISITING SHIPS AND CREW MEMBERS OF VISITING SHIPS AND AIRCRAFT WILL HAVE IN THEIR POSSESSION A VALID UNITED STATES GOVERNMENT IDENTIFICATION CARD; NO MILITARY DOCUMENTATION OF THEIR TRAVEL AUTHORIZATION BEING REQUIRED.

4. ALL OTHER PERSONS WILL PRESENT UPON ARRIVAL A VALID PASSPORT AND A PHILIPPINE VISA DULY ISSUED BY THE APPROPRIATE PHILIPPINE CONSULAR OFFICER OR, IN LIEU OF A PHILIPPINE VISA, PERMIT TO RE-ENTER THE PHILIPPINES. UPON DEPARTURE, THEY WILL PRESENT A VALID PASSPORT AND EXIT DOCUMENTS, AS REQUIRED. PERSONS IN TRANSIT, INCLUDING MEDICAL EMERGENCY CASES, ARE EXEMPT FROM THE REQUIREMENTS FOR A PHILIPPINE VISA, PROVIDED THEY CONFINE THEMSELVES WITHIN THE UNITED STATES FACILITY OF THE BASES OR OTHER LOCATIONS AS AUTHORIZED BY PHILIPPINE IMMIGRATION AUTHORITIES ACTING THROUGH THE PHILIPPINE REPRESENTATIVE.

5. THE UNITED STATES REPRESENTATIVE WILL ENSURE THAT ALL ARRIVING AND DEPARTING PASSENGERS PRESENT COMPLETED PHILIPPINE IMMIGRATION ARRIVAL AND DEPARTURE CARDS.

6. ALL CARGO ENTERING THROUGH THE LIMITED PORTS OF ENTRY, EXCEPT IN-TRANSIT CARGO, WILL BE DECLARED THROUGH THE USE OF PHILIPPINE BUREAU OF CUSTOMS INFORMAL ENTRY FORM 177 OR THROUGH A COMPUTER PRINTOUT FORMAT WHICH CORRESPONDS TO FORM 177.

7. DECLARATION COVERING UNITED STATES NON-MILITARY CARGO, PERSONAL EFFECTS, AND HOUSEHOLD GOODS WILL BE IN DECIPHERED FORM. SUBSTANTIAL DESCRIPTIONS OF SUCH ITEMS WILL BE PROVIDED AT THE TIME OF EXAMINATION. IN THE CASE OF PERSONAL EFFECTS AND HOUSEHOLD GOODS, THIS DESCRIPTION SHALL CONSIST OF THE UNITED STATES DEPARTMENT OF DEFENSE FORM 1727. MILITARY CARGO WILL BE DECLARED IN TERMS OF COMMODITY CODES. THE PHILIPPINE REPRESENTATIVE WILL BE PROVIDED WITH DECIPHERING GUIDES INDICATING THE NOUN NAME EQUIVALENT OF EACH COMMODITY CODE. IN ALL CASES, THE CARGO MANIFESTS WILL BE AMONG THE SUPPORTING PAPERS. CLASSIFIED CARGO AND IN-TRANSIT BAGGAGE ACCOMPANYING IN TRANSIT PERSONNEL WILL BE SPECIALLY IDENTIFIED.

SECTION VII
INSPECTION AND EXAMINATION PROCEDURES

1. ALL VESSELS AND AIRCRAFT ENTERING THE LIMITED PORTS OF ENTRY SHALL COMPLY WITH THE INTERNATIONAL HEALTH REGULATIONS.

2. QUARANTINE INSPECTION FOR PASSENGERS, CREW, AND CARGOS OF ARRIVING CIVILIAN VESSELS, AND AIRCRAFT UNDER CONTRACT WITH THE UNITED STATES ARMED FORCES, WILL BE CONDUCTED IN ACCORDANCE WITH INTERNATIONAL HEALTH REGULATIONS AS PROMULGATED BY THE WORLD HEALTH ORGANIZATION. IF AN INSPECTION OF SUCH A VESSEL OR AIRCRAFT IS UNDERTAKEN, IT WILL BE DONE BEFORE IMMIGRATION AND CUSTOMS CLEARANCE EXCEPT FOR THOSE GIVEN CONTROLLED FREE PRATIQUE AND RADIO PRATIQUE.

3. THE COMMANDING OFFICER OF A MILITARY VESSEL OR AIRCRAFT WILL, UPON REQUEST, CONDUCT A QUARANTINE INSPECTION AND WILL CERTIFY TO THE PHILIPPINE REPRESENTATIVE THAT THE VESSEL OR AIRCRAFT IS FREE OF QUARANTINABLE DISEASES. 4. INSPECTION BY PHILIPPINE OFFICIALS OF PASSENGERS AND BAGGAGE DEBARKED OR UNLOADED AT UNITED STATES FACILITIES WILL BE COORDINATED WITH THE PHILIPPINE AND UNITED STATES REPRESENTATIVES AS PROVIDED FOR IN SECTION III OF THESE ARRANGEMENTS.

5. ANY PERSON APPEARING IN A PHILIPPINE IMMIGRATION "REFUSE ADMISSION" LIST, SHALL BE EXCLUDED ON THE FIRST AVAILABLE CARRIER.

6. PERSONS AUTHORIZED ENTRY INTO THE PHILIPPINES UNDER THE MILITARY BASES AGREEMENT BUT NOT PROPERLY DOCUMENTED FOR ENTRY INTO THE LIMITED PORTS OF ENTRY AT CLARK AIR BASE AND SUBIC NAVAL BASE SHALL BE EXCLUDED IN ACCORDANCE WITH ANNEX A TO THESE ARRANGEMENTS. HOWEVER, UPON REPRESENTATION BY THE UNITED STATES FACILITY COMMANDER, THE COMMISSIONER OF IMMIGRATION AND DEPORTATION MAY DEFER EXCLUSION UNDER SUCH CONDITIONS AS THE LATTER MAY PRESCRIBE.

7. MEASURES INCLUDING THOSE ENUMERATED BELOW WILL BE DEVELOPED AND ADOPTED TO EXPEDITE THE ENTRY AND EXIT OF PERSONNEL:

A. AUTHORIZATION FOR PHILIPPINE IMMIGRATION OFFICIALS AT THE LIMITED PORTS OF ENTRY TO ISSUE EXIT CLEARANCE AND/OR SPECIAL PERMITS TO RE-ENTER. THE PHILIPPINES.

B. AUTHORIZATION FOR PHILIPPINE IMMIGRATION OFFICIALS TO ALLOW, IN MERITORIOUS CASES, THE BILLETING OUTSIDE THE UNITED STATES FACILITIES OF PERSONS AUTHORIZED TO ENTER THE BASES IN DIRECT TRANSIT TO ANOTHER. COUNTRY OF DESTINATION FOR A PERIOD NOT EXCEEDING SEVENTY-TWO HOURS OR AS THE COMMISSIONER OF IMMIGRATION AND DEPORTATION MAY DECIDE.

C. FILIPINO CITIZENS WHO ARE DEPENDENTS OF UNITED STATES ARMED FORCES PERSONNEL STATIONED AT THE UNITED STATES FACILITIES IN THE: PHILIPPINES CAN BE ISSUED EXIT DOCUMENTS AT THE LIMITED PORTS OF ENTRY BY PHILIPPINE OFFICIALS THEREAT IN CASES OF MEDICAL EMERGENCIES NECESSITATING IMMEDIATE EVACUATION FOR MEDICAL TREATMENT ABROAD.

8. ACTIVE DUTY MEMBERS OF THE UNITED STATES ARMED FORCES, CIVILIAN COMPONENT WHO ARE UNITED STATES FEDERAL GOVERNMENT EMPLOYEES, AND THEIR DEPENDENTS SHALL NOT BE INCLUDED IN THE "HOLD DEPARTURE" ROSTER APPROVED BY THE COMMISSIONER OF IMMIGRATION AND DEPORTATION. DISPOSITION OF THEIR CASES SHALL BE GOVERNED BY ARTICLE XIII OF THE MILITARY BASES AGREEMENT.

9. THE PHILIPPINE REPRESENTATIVE, IN COORDINATION WITH THE UNITED STATES REPRESENTATIVE AS PROVIDED FOR IN SECTION III, MAY REQUEST THE PHILIPPINE BUREAU OF CUSTOMS PERSONNEL TO PARTICIPATE IN BASE GATE INSPECTIONS.

10. THE PHILIPPINE REPRESENTATIVE WILL NOTIFY THE APPROPRIATE UNITED STATES FACILITY REPRESENTATIVE OF THE CARGO THAT HAS BEEN SELECTED FOR EXAMINATION IN ACCORDANCE WITH THIS SECTION. SUCH CARGO WILL BE IDENTIFIED BY UNITED STATES FACILITY PERSONNEL. THE CUSTOMS EXAMINATION WILL BE DONE AT THE CONSIGNEE'S WAREHOUSE WHEN THE CONTAINER IS UNSTUFFED. BREAK BULK CARGO OR CONVENTIONAL CARGO WILL BE MADE AVAILABLE FOR EXAMINATION AT THE APPROPRIATE STAGING AREA. PERSONAL EFFECTS AND HOUSEHOLD GOODS OF UNITED STATES FORCES PERSONNEL IDENTIFIED FOR EXAMINATION WILL BE INSPECTED AT THE QUARTERS OR OTHER PLACES OF DELIVERY. ALL EXAMINATIONS WILL BE CONDUCTED IN THE PRESENCE OF THE CARGO'S OWNER OR HIS AGENT AND A REPRESENTATIVE OF THE UNITED STATES FACILITY COMMANDER. CUSTOMS PROCESSING OF CLASSIFIED CARGO WILL CONSIST OF EXAMINING THE ACCOMPANYING CARGO DOCUMENTS AND IN DUE REGARD FOR THE PROTECTION OF STATE SECRETS, WILL NOT INCLUDE PHYSICAL INSPECTION/ EXAMINATION OF THE CLASSIFIED CONTENTS.

11. FOR THOSE ITEMS WHICH HAVE BEEN SELECTED BY THE PHILIPPINE REPRESENTATIVE FOR EXAMINATION, THE UNITED STATES FACILITY REPRESENTATIVE SHALL PROVIDE AT LEAST TWENTY-FOUR HOURS IN ADVANCE TO THE PHILIPPINE REPRESENTATIVE THE PLACE AND SCHEDULE OF UNSTUFFING CONTAINERS, DATE AND PLACE OF DELIVERY FOR BREAK BULK OR CONVENTIONAL CARGO AND THE DATE AND PLACE OF DELIVERY FOR PERSONAL EFFECTS AND HOUSEHOLD GOODS.

12. PHILIPPINE OFFICIALS WILL EVALUATE, ASSESS AND COLLECT FROM THE RESPONSIBLE INDIVIDUAL ANY IMPORT DUTIES AND TAXES DUE ON ITEMS NOT ENTITLED TO DUTY FREE ENTRY UNDER THE MILITARY BASES AGREEMENT OR OTHER AGREEMENTS. THE PHILIPPINE OFFICIALS WILL BE RESPONSIBLE FOR THE COLLECTION OF FEES AND DUTIES, AND SHALL PROVIDE FOR THE SAFEGUARDING OF FUNDS OR CONFISCATED ITEMS.

13. THE FOLLOWING PRINCIPLES SHALL BE OBSERVED IN THE CUSTOMS EXAMINATION AND PROCESSING OF CARGO IMPORTED THROUGH THE LIMITED PORTS OF ENTRY:

A. THE INTERNATIONAL LAW PRINCIPLE OF SOVEREIGN IMMUNITY OF GOVERNMENT-OWNED PROPERTY FROM SEIZURE BY ANOTHER SOVEREIGN SHALL APPLY IN THESE ARRANGEMENTS.

B. CONTRABAND, SUCH AS BUT NOT LIMITED TO, DANGEROUS DRUGS, ILLEGAL FIREARMS OR EXPLOSIVES, AND OTHER NON-GOVERNMENT PROPERTY ENTERING THE PHILIPPINES WHICH IS NOT ENTITLED TO DUTY-FREE ENTRY UNDER THE MILITARY BASES AGREEMENT AND WHICH IS IMPROPERLY DECLARED, IS SUBJECT TO SEIZURE PURSUANT TO PHILIPPINE LAW.

C. IF A QUESTION ARISES AS TO THE ELIGIBILITY OF NON-GOVERNMENT PROPERTY FOR ENTRY INTO THE REPUBLIC OF THE PHILIPPINES UNDER THE MILITARY BASES AGREEMENT, THE MATTER SHALL BE REFERRED TO THE REPRESENTATIVES, AS SET FORTH IN SECTION III OF THESE ARRANGEMENTS FOR RESOLUTION. IN SUCH CASES THE UNITED STATES FACILITY COMMANDER SHALL WITHHOLD DELIVERY OF THE PROPERTY IN QUESTION TO THE CONSIGNEE PENDING RESOLUTION OF ITS STATUS. IF IT IS DETERMINED THAT THE PROPERTY IS NOT ELIGIBLE FOR ENTRY INTO THE REPUBLIC OF THE PHILIPPINES UNDER THE MILITARY BASES AGREEMENT, DISPOSITION OF THE PROPERTY WILL BE ACCOMPLISHED IN THE MANNER. DIRECTED BY THE APPROPRIATE PHILIPPINE AGENCY.

14. THE PHILIPPINE AND UNITED STATES REPRESENTATIVES WILL DEVELOP PROCEDURES TO ENSURE EXPEDITIOUS CLEARANCE FOR VESSELS, AIRCRAFT, PASSENGERS AND CARGO. IN THE EVENT OF EXTRAORDINARY SITUATIONS WHICH PREVENT THE PRESENCE OF PHILIPPINE CUSTOMS, IMMIGRATION AND QUARANTINE OFFICIALS, CLEARANCE FOR VESSELS, AIRCRAFT, PASSENGERS AND CARGO MAY PROCEED WITH REQUIRED CLEARANCE PROCEDURES BEING CARRIED OUT BY PHILIPPINE ARMED FORCES PERSONNEL SPECIALLY DEPUTIZED FOR THAT PURPOSE, OR IF REQUESTED BY THE PHILIPPINE REPRESENTATIVE, APPROPRIATE DOCUMENTATION MAY BE COLLECTED BY UNITED STATES MILITARY INSPECTORS FOR SUBSEQUENT EXAMINATION BY PHILIPPINE CUSTOMS, IMMIGRATION AND QUARANTINE OFFICIALS.

15. PERSONNEL, SHIPS, AIRCRAFT, AND CARGO TRANSITTING THROUGH THE LIMITED PORTS OF ENTRY ESTABLISHED BY THESE ARRANGEMENTS TO OTHER DESTINATIONS WILL NOT BE SUBJECT TO INSPECTION OR EXAMINATION. HOWEVER, PASSENGERS DEPARTING OR CARGO REMOVED FROM THE TRANSIT AREA MAY BE SUBJECT TO INSPECTION OR EXAMINATION.

16. UNITED STATES GOVERNMENT-OWNED PROPERTY AUTHORIZED BY THE PHILIPPINE GOVERNMENT TO BE SOLD WITHIN THE PHILIPPINES TO ENTITIES OTHER THAN TAX EXEMPT ENTITIES OF THE UNITED STATES FORCES WILL NOT BE RELEASED FROM THE UNITED STATES FACILITIES UNTIL THE PURCHASER PROVIDES CERTIFICATION FROM APPROPRIATE PHILIPPINE CUSTOMS AUTHORITIES THAT REQUIRED DOCUMENTATION HAS BEEN COMPLETED AND REQUIRED CUSTOMS DUTIES, TAXES AND OTHER CHARGES HAVE BEEN PAID WHENEVER APPLICABLE.

SECTION VIII
CUSTOMS-IMMIGRATION-QUARANTINE JOINT USE AREAS

1. THE UNITED STATES FACILITY COMMANDERS WILL, AT NO COST TO THE PHILIPPINE GOVERMENT, DESIGNATE AND/OR PROVIDE, WITH THE CONCURRENCE OF THE BASE COMMANDERS, APPROPRIATE OPERATIONAL AREAS AND NECESSARY FACILITIES FOR USE THEREIN, FOR THE EFFECTIVE INSPECTION, EXAMINATION AND PROCESSING OF INCOMING AND DEPARTING PASSENGERS AND CARGOS FOR CUSTOMS, IMMIGRATION AND QUARANTINE PURPOSES.. AS A JOINT USE AREA FOR UNITED STATES MILITARY OFFICIALS AND REPUBLIC OF THE PHILIPPINES OFFICIALS. OPERATIONAL AND MAINTENANCE EXPENSES OF THESE JOINT USE AREAS AND FACILITIES SHALL BE THE RESPONSIBILITY OF THE UNITED STATES FACILITY COMMANDER. OTHER COSTS INCURRED BY THE PHILIPPINE OFFICIALS IN CONNECTION WITH THE PERFORMANCE OF THEIR FUNCTIONS UNDER THESE ARRANGEMENTS SHALL BE THE RESPONSIBILITY OF THE PHILIPPINE GOVERMENT. 2. ACCESS TO THESE POINT USE AREAS SHALL BE BY MEANS OF PASSES ISSUED IN ACCORDANCE WITH THE JOINT PASS AND IDENTIFICATION AGREEMENTS.

SECTION IX
FEES AND CHARGES

1. PERSONS ENTERING OR DEPARTING THE LIMITED PORTS OF ENTRY FROM OR TO A DESTINATION OUTSIDE THE REPUBLIC OF THE PHILIPPINES, EXCEPT FOR ACTIVE DUTY MEMBERS OF THE UNITED STATES ARMED FORCES, CIVILIAN COMPONENT WHO ARE UNITED STATES FEDERAL GOVERNMENT EMPLOYEES, AND THEIR DEPENDENTS, SHALL BE LIABLE FOR IMMIGRATION AND ALIEN REGISTRATION FEES.

2. AIRCRAFT UNDER CONTRACT WITH THE UNITED STATES ARMED FORCES AND VESSELS UNDER CHARTER WITH THE UNITED STATES ARMED FORCES AUTHORIZED TO ENTER THE LIMITED PORTS OF ENTRY ARE SUBJECT TO THE NORMAL AND CUSTOMARY OVERTIME FEES, INCLUDING MEALS AND TRANSPORTATION ALLOWANCES, IN CONNECTION WITH THE PERFORMANCE OF CUSTOMS, IMMIGRATION AND QUARANTINE FUNCTIONS RELATED TO SUCH AIRCRAFT AND VESSELS.

3. EXCEPT AS PROVIDED IN PARAGRAPHS I AND 2 OF THIS SECTION, NO FEES AND CHARGES SHALL BE ASSESSED OR COLLECTED IN CONNECTION WITH THE ENTRY OR DEPARTURE OF PERSONNEL AND CARRIERS THROUGH THE LIMITED PORTS OF ENTRY

SECTION X
POSTAL MATERIAL

1. PACKAGES AND PARCELS ENTERING THE PHILIPPINES THROUGH UNITED STATES MILITARY POSTAL OFFICES LOCATED IN THE UNITED STATES FACILITIES ARE SUBJECT TO CUSTOMS EXAMINATION AT THE TIME OF DELIVERY TO THE ADDRESSEE OR CONSIGNEE. ANY ASSESSMENT OF DUTIES AND TAXES SHALL BE IN ACCORDANCE WITH PARAGRAPHS 12 AND 13 OF SECTION VII. ANY SUCH EXAMINATION WILL BE ACCOMPLISHED WITH DUE REGARD TO ENSURING PROMPT DELIVERY OF MAIL MATTER.

2. FIRST CLASS LETTER MAIL AND OFFICIAL UNITED STATES MAIL WILL NOT BE SUBJECT TO EXAMINATION.

SECTION XI
IMPLEMENTATION

1. THESE ARRANGEMENTS SHALL BE IMPLEMENTED UNDER THE GUIDING PRINCIPLE OF FULL RESPECT FOR PHILIPPINE SOVEREIGNTY ON THE ONE HAND AND THE ASSURANCE OF UNHAMPERED UNITED STATES MILITARY OPERATIONS ON THE OTHER.

2. THE BASE COMMANDERS AND THE UNITED STATES FACILITY COMMANDERS, OR THEIR DESIGNATED REPRESENTATIVES, SHALL, IN THE EXERCISE OF SOUND JUDGEMENT, ADOPT APPROPRIATE MEASURES THAT ARE RESPONSIVE TO EXTRAORDINARY SITUATIONS NOT COVERED BY THESE ARRANGEMENTS.

3. IN THE EVENT OF AN EMERGENCY, THE PROVISIONS OF THESE ARRANGEMENTS SHALL BE THE SUBJECT OF CONSULTATION BETWEEN THE BASE COMMANDERS AND THE UNITED STATES FACILITY COMMANDERS AND MAY BE SUSPENDED FOR THE PERIOD OF THE EMERGENCY INSOFAR AS THEY COULD INTERFERE WITH MILITARY OPERATIONS OF THE BASES.

SECTION XII
DURATION

1. THESE ARRANGEMENTS SHALL TAKE EFFECT AS OF THE DATE OF SIGNATURE. THEY SHALL REMAIN IN FORCE UNTIL TERMINATED OR MODIFIED BY MUTUAL AGREEMENT OF THE PARTIES OR UNTIL TERMINATION OF THE MILITARY BASES AGREEMENT, WHICH EVER OCCURS FIRST.

Signed this date, 8 December 1982,

                                      

(Sgd.)FABIAN C. VER	(Sgd.)DICKINSON M. SMITH
General, AFP	Rear Admiral, USN
Chief of Staff	Commander in Chief
Armed Forces of the Philippines	Pacific Representative,
	Philippines

ANNEX A
AN ALIEN BROUGHT TO THE PHILIPPINES WHO IS EXCLUDED SHALL BE IMMEDIATELY SENT BACK, IN ACCOMMODATIONS OF THE SAME CLASS IN WHICH HE ARRIVED, TO THE COUNTRY WHENCE HE CAME, ON THE SAME CARRIER BRINGING HIM, UNLESS IN THE OPINION OF THE COMMISSIONER OF IMMIGRATION IMMEDIATE RETURN IS NOT PRACTICABLE OR PROPER. THE EXPENSES OF THE RETURN OF SUCH AN ALIEN SHALL BE BORNE BY THE OWNER OR OWNERS OF THE CARRIER. IF THE COMMISSIONER OF IMMIGRATION FINDS THAT IMMEDIATE RETURN IS NOT PRACTICABLE OR PROPER, OR IF THE CARRIER BY WHICH THE EXCLUDED ALIEN CAME HAS LEFT THE PHILIPPINES AND IT IS IMPRACTICABLE FOR ANY REASON TO RETURN THE ALIEN WITHIN A REASONABLE TIME BY ANOTHER CARRIER OWNED BY THE SAME INTERESTS, THE COST OF RETURN MAY BE PAID BY THE GOVERNMENT AND RECOVERED FROM THE OWNER, AGENT, OR CONSIGNEE OF THE CARRIER. WHERE RETURN TO THE COUNTRY WHENCE THE EXCLUDED ALIEN CAME CANNOT FOR ANY REASON BE EFFECTED, THE COMMISSIONER OF IMMIGRATION MAY DIRECT THE ALIEN'S REMOVAL TO THE COUNTRY OF HIS NATIVITY OR OF WHICH HE IS A NATIONAL, AND THE COST OF SUCH REMOVAL, IF REMOVAL BY CARRIER ON WHICH HE CAME OR BY ANOTHER CARRIER OWNED BY THE SAME INTERESTS CANNOT BE ACCOMPLISHED WITHIN A REASONABLE TIME, SHALL LIKEWISE BE AT THE EXPENSE OF THE OWNERS OF SUCH CARRIER.

               

	EMBASSY OF THE
	UNITED STATES OF AMERICA

Manila, December 8, 1982

                   

	(Sgd.) Michael H. Armacost
	Ambassador Extraordinary
	and Plenipotentiary

"I have the honor to refer to recent discussions between our Governments concerning administrative arrangements for posting of Philippine Customs, Immigration, and Quarantine officials at the U.S. Facilities located in Clark Air Base and Subic Naval Base. I note that the U.S. Facilities are to be designated as limited ports of entry/exit at the time o f implementation of these administrative arrangements that have been concluded between the military representatives of our Governments.

"I take note of Deputy Foreign Minister Castro's letter to me of November 11, 1982 confirming that, as of the time of implementation of these administrative arrangements, the Republic of the Philippines will no longer require that diplomatic clearance be obtained from the Ministry of Foreign Affairs for U.S. Military Airlift Command (MAC) contract aircraft flights arriving at Clark and Subic bases.

''I note further that U.S. Embassy Note 683 of November 11, 1982 and Republic of the Philippines Foreign Ministry Note No.82-4365 of December 2, 1982 define the categories of personnel which will be permitted to enter or exit the Republic of the Philippines through Clark and Subic bases.

"In view of the agreement reached on the Customs, Immigration and Quarantine administrative arrangements, together with the letter setting forth agreed arrangements for MAC contract flights and our exchange of Notes defining categories of personnel who may utilize the limited ports of entry at Clark and Subic bases, I have the honor to propose that this Note, together with your Note reply, shall serve to acknowledge the entry into force of the Agreement on Customs, Immigration, and Quarantine arrangements at the limited ports of entry which was signed today by the Chief of Staff of the Armed Forces of the Philippines, in his capacity as Base Commander at Clark Air Base and Subic Naval Base and the Representative to the Philippines of the Commander in Chief of the United States Pacific Forces, for and in behalf of the United States Facility Commanders in both bases."

             

	(Sgd.)CARLOS P. ROMULO
	Minister for Foreign Affairs