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September 14, 1994

The Secretary of National Defense of the Republic of the Philippines, on the one hand

and

The Minister of Defense of the French Republic on the other hand,

hereinafter referred to as the "Parties",

considering the links of friendship which exist between the Philippines and France,

desiring to enhance the existing friendly bilateral relations between defense agencies and armed forces,

willing to promote cooperation in this field within the framework of this arrangement in conformity with international law, the United Nations charter and the national laws and regulations in force in each State,

have agreed as follows :

ARTICLE 1

The purpose of this arrangement is to provide a framework in order to develop the bilateral relations between both defense agencies and armed forces, and to promote bilateral cooperation in the field of defense equipment, as defined in article 2.

ARTICLE 2

Cooperation between both defense agencies and armed forces, covered by this arrangement, may include the following forms :

- joint training and/or military exercises;

- visits of defense and armed forces authorities ;

- exchange of trainees and instructors ;

- exchange of information and training-related matters;

- exchange of information on maintenance-related matters.

Cooperation in the field of defense equipment, covered by this arrangement, may include the following forms :

- exchange of information on future requirements of both Parties;

- exchange of information on development and improvement projects scheduled or implemented by one Party and of possible interest to the other Party;

- common research and development, production or modernization of defense systems and equipment;

- mutual examination of export possibilities of defense systems and equipment produced in the framework of common research and development, production
and/or modernization of programmes;

- transfer of technology;

- exchange of information on defense industry-related matters.

ARTICLE 3

If required, the Parties shall conclude particular implementing arrangements pertaining to specific aspects of cooperation.

ARTICLE 4

A Joint Defense Cooperation Committee hereinafter referred to as the "Joint Committee" shall be formed for the purpose of initiating, coordinating and monitoring the different activities carried out in the framework of this arrangement. The Joint Committee shall discuss the various issues of the cooperation.

The Joint Committee will be composed of at least five official representatives from each Party. The Joint Committee will be co-chaired by the "Delegue aux Relations Internationales" for the Ministry of Defense of the French Republic and a designated Undersecretary of National Defense for the Department of National Defense of the Republic of the Philippines, or such other persons nominated by these authorities.

The Joint Committee may establish sub-committees to effectively address specific projects of mutual interest.

The Joint Committee will meet in principle, once a year, alternately in the two countries. The date, site and agenda will be agreed upon between the co-chairmen.

The tasks of the Joint Committee will, under article 2, be :

- to identify potential areas of cooperation in defense or defense equipment matters;

- to discuss items of common interest;

- to initiate and organize the cooperative activities;

- to coordinate, control and review the different initiated activities; and,

- to recommend implementing arrangements, if and when required.

ARTICLE 5

The Parties will inform their respective defense industries about the basic principles of this arrangement.

As far as contracts concluded within the framework of this arrangement are concerned, each Party, within its field of responsibilities, will see to it that the concerned contractors honor the contractual obligations that they may have undertaken.

ARTICLE 6

In their field of competence, both Parties will favor transfer of technology on defense equipment and will not impose any unnecessary restriction in this respect.

ARTICLE 7

If one Party contemplates procuring defense equipment from a supplying company, and requests related information, the other Party will make its best efforts to assist it through the Joint Committee or its co-chairmen.

Should any contract for defense equipment be signed, the procuring Party will get from the other Party its full support, as far as quality assurance is concerned, on conditions similar to those applied for its own armed forces.

For the training of its personnel, including aspects of utilization as well as maintenance, the procuring Party shall receive the support of the other Party on mutually agreed terms, in order to facilitate the entry into service of the defense equipment procured or about to be procured.

ARTICLE 8

This arrangement shall be implemented in accordance with budgetary allocations of both Parties.

ARTICLE 9

With respect to bilateral projects between the Parties, the rights and obligations of each Party in the field of intellectual property, copyright in its State territory, transfer of manufacturing licenses, sales to third Parties and protection of patent related to innovation or development shall be defined in the implementing arrangements.

ARTICLE 10

The Parties commit themselves to protect the classified information to which they may have access within the framework of this arrangement in accordance with their national laws and regulations.

Classified information and equipment shall only be provided through official channels or by channels agreed upon by the designated security agencies of the Parties. These information and equipment are labelled with the indication of their classification level and State of origin.

All equipment and information received in the framework of this arrangement shall not be transferred, disclosed or released, either directly or indirectly, on temporary or permanent basis, to third Parties or unauthorized persons and entities without the prior written consent of the originating Party.

ARTICLE 11

Visits undertaken under this arrangement shall take place in accordance with the laws and regulations in force in the host State.

Each application for visits shall be submitted through official channels and shall be subject to the authorization of the relevant authority of the host State. It shall contain the applicant's personal data, the name of the official agency or company, the purpose of the visit as well as the security clearance under which the visitor has been qualified as defined by the State of origin.

ARTICLE 12

Any dispute concerning the interpretation and implementation of this arrangement shall, in the first instance, be submitted to the Joint Committee for settlement.
In the event that the dispute is not settled at this level, both co-chairmen of the Joint Committee shall refer the matter to the Parties for settlement.

ARTICLE 13

This arrangement shall enter into force on the date of its signature and shall remain in force for a period often (10) years. Unless terminated by either Party in accordance with paragraph 3 of this article, it shall be deemed to have been extended for a further period of ten (10) years.

It can be amended at any time by mutual written agreement between the Parties.

It can be terminated at any time by either Party, giving the other a written ninety (90) day prior notice.

Its termination shall not affect the validity or duration of any on-going contract concluded within its framework.

ARTICLE 14

The respective responsibilities of both Parties in the field of security, protection and transfer of received equipment and information, as defined in articles 9 and 10, shall continue to apply even after the termination of this arrangement.

Done at Paris on September 14, 1994 in duplicate in the English and French languages, both texts being equally authentic.