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June 03, 2003

The Republic of the Philippines mid the Republic of Korea (hereinafter referred to as "the Parties”);

DESIRING to improve the effectiveness of both countries in the prevention, investigation, prosecution and suppression of crime through cooperation and mutual legal assistance in criminal matters;

HAVE AGREED as follows:

ARTICLE 1
SCOPE OF APPLICATION

1. The Parties shall, in accordance with the provisions of this Treaty, grant each other the widest possible measure of mutual legal assistance in criminal matters.

2. For the purposes of this Treaty, "criminal matters11 means investigations, prosecutions or proceedings relating to any offense the punishment of which at the time of the request for assistance, falls within the jurisdiction of the competent authorities of the Requesting Party.

3. Criminal matters also include matters connected with offenses against a law related to taxation, customs duties, foreign exchange control or other revenue matters, but not in connection with non-criminal proceedings relating thereto.

4. Assistance shall include:

(a) taking evidence or statements from persons;

(b) providing information, documents, records and articles of evidence;

(c) locating or identifying persons or tems;

(d) serving documents;

(e) executing requests for search and seizure:

(f) making arrangements for persons lo give evidence or assist in criminal investigations, prosecutions, or proceedings in the Requesting Party:

(g) tracing, restraining, forfeiting and confiscating the proceeds and instrumentalities of criminal activities: and

(h) other assistance deemed necessary by the Requesting Party and consistent with this Treaty as well as the law of the Requested Party.

5. Assistance granted under this Treaty does not include:

(a) the extradition, or the arrest or detention for that purpose, of any person;

(b) the execution in the Requested Party of criminal judgments imposed in the Requesting Party except to the extent permitted by the law of the Requested Party and this Treaty;

(c) the transfer of persons in custody to serve sentences: and

(d)the transfer of proceedings in criminal matters.

ARTICLE 2
ASSISTANCE UNDER OTHER TREATIES OR ARRANGEMENTS

This Treaty shall not affect any existing obligations between the Parties, whether pursuant to other treaties or arrangements, nor prevent the Parties from providing assistance to each other pursuant to such other treaties or arrangements.

ARTICLE 3
CENTRAL AUTHORITIES

1. Each Party shall designate a Central Authority to make and receive requests pursuant to this Treaty.

2. For the Republic of the Philippines, the Central Authority shall be the Secretary of Justice or an official designated by that Secretary, For the Republic of Korea, the Central Authority shall be the Minister of Justiee or an official designated by that Minister.

3. Each Party shall notify the other of any change of its Central Authority.

4. The Central Authorities shall communicate with each other directly or through the diplomatic channel for the purposes of his Treaty.

ARTICLE 4
FORM, LANGUAGE, AND CONTENT OF REQUESTS

1. A request shall be made in writing except that the Requested Party may accept a request in another form in urgent situations. In any such situation, the request shall be confirmed in writing within thirty (30) days from receipt of the request unless the Requested Party agrees otherwise.

2. A request, any supporting documentation and any communications made pursuant to this Treaty, shall be in the language of the Requesting Party and be accompanied by a translation into the language of the Requested Party.

3. A request for assistance shall include:

(a) the name of the person, agency or authority that initiated the request; (b)thc purpose of the request and the nature of the assistance sought;.

(c) a description of the nature of the criminal matter, including facts alleged to constitute the offenses and a statement of text of the relevant laws and applicable penalties;

(d)a statement indicating the current status of ihe investigation or proceeding; and

(e) a statement specifying any time frame within which compliance with the request is desired.

4. A request for assistance, where relevant and so far as possible, shall also include:

(a) the identity, nationality and location of the person or persons who are the subject of or who may have information relevant to the criminal matter;

(b) where the request is for assistance under Article 9, information associated with the identity and whereabouts of the person or item;

(c) where the request is Tor assistance under Article 1 1,

(i) a description of the matters about which persons are to be examined including, where appropriate, any questions that the Requesting Party wishes to he put to those persons; and

(ii) a description of any documents, records of articles of evidence to be produced and, where relevant, a description of the appropriate person to be asked to produce them;

(d) where the request is for assistance under Article 12, information about the period of stay in the Requesting Party;

(e) where the request is for assistance under Article 13. information about the allowances and expenses to which a person travelling to the Requesting Party would be entitled, the period of stay in the Requesting Party, and a summary of the arrangements that will be made for the person's safety;

(f) where the request is for assistance under Articles 16 or 17, a description of' the material sought and, where relevant, its likely location;

(g) where the request is for assistance under Article 17,

(i) a statement outlining the basis of the Requesting Party's belief that proceeds of crime may be located in the jurisdiction of the Requested Party; and

(ii) the court order, if any, sought to be enforced and a statement about the status of that order;

(h) a statement outlining any particular requirement or procedure that the Requesting Party may have, or wish to be followed in giving effect to the request, including details of the manner or form in which any information, evidence, document or item is to be supplied;

(i) a statement setting out the wishes, if any, of the Requesting Party concerning confidentiality of the request, and the reasons for those wishes;

(j) where an official of the Requesting Party intends to travel to the Requested Party in connection with the request, information about the purpose of that person's visit, the proposed time frame and travel arrangements; and

(k) any other supporting information, evidence or documents that arc necessary to enable, or may assist, the Requested Party to give effect to the request.

5. If the Requested Party considers that the information contained in a request is not sufficient to enable the request to be dealt with in accordance with this Treaty, it may request additional information.

ARTICLE 5
REFUSAL OR POSTPONEMENT OF ASSISTANCE

I. Assistance may be refused if:

(a) the request relates to an offense that is regarded by the Requested Party as an offense of a political character or an offense only under military law;

(b) the request relates to the prosecution of a person for an offense in respect of which the person has been finally acquitted or pardoned or has served the sentence imposed in the Requested Party;

(c) there are substantial grounds for believing that the request for assistance has been made for the purpose of prosecuting or punishing a person on account o filial person's race, sex, religion, nationality or political opinions, of that the request for assistance will result in that person being prejudiced for any of those reasons;

(d) the request, if granted, would seriously impair the Requested Party's sovereignty, security or essential interests, considerations of which may include the safely of any person and the burden on the resources of the Requested Party;

(e) the request relates to the prosecution of a person for an offense for which the person could no longer be prosecuted by reason of lapse of time if the offense had been committed within the jurisdiction of the Requested Party; or

(f) the request relates to the prosecution or punishment of a person for conduct that would not, if it had taken place within the jurisdiction of the Requested Party, have constituted an offense.

2. Assistance may be postponed by the Requested Party if execution of the request would interfere with an ongoing criminal investigation or prosecution in the Requested Party.

3. Before refusing or postponing assistance pursuant to this Article, the Requested Party, through its Central Authority, shall:

(a) promptly inform the Requesting Party of the reason for considering refusal or postponement; and

(b) consult with the Requesting Party to determine whether assistance may be given subject to such terms and conditions as the Requested Party deems necessary.

4. If the Requesting Party accepts assistance subject to the terms and conditions referred to in paragraph 3 (b), it shall comply with those terms and conditions.

ARTICLE 6
EXECUTION OF REQUESTS

1. Requests For assistance shall be carried out promptly by the competent authorities of the Requested Party in accordance with the laws of that Party and, to the extent those laws permit, in the manner requested by the Requesting Party.

2. The Requested Party may postpone the delivery of material requested if such material is required for proceedings in respect of criminal or civil matters in that Party. If this is the case, the Requested Party shall, upon request, provide certified copies of documents.

3. The Requested Party shall promptly inform the Requesting Parly of circumstances, when they become known to the Requested Party, which arc likely to cause a significant delay in cany ing out the request.

ARTICLE 7
RETURN OF MATERIAL TO REQUESTED PARTY

Any material, as well as original records or documents handed over to the Requesting Party under this Treaty shall be returned to the Requested Party as soon as possible unless the latter expressly waives its right of return thereof.

ARTICLE 8
CONFIDENTIALITY AND LIMITATION ON USE

1. The Requested Party shall, if so requested, use its best efforts to keep confidential a request for assistance, the contents of the request and its supporting documentation, and any action taken pursuant to the request. If the request cannot be executed without breaching confidentiality, the Requested Party shall so inform the Requesting Party before executing the request, and the Requesting Party shall advise whether it nevertheless desires the request to be executed.

2. The Requesting Party shall, if so requested, use its best efforts to keep confidential the information and evidence provided by the Requested Party, except to the extent that the evidence and information is needed for the criminal matters to which the request relates and where otherwise authorized by the Requested Truly.

3. The Requesting Party shall, if so requested, use its best efforts ensure that the information or evidence is protected against loss and unauthorized access, use, modification, disclosure or other misuse.

4. The Requesting Party shall not use the information or evidence obtained, nor anything derived from either, for purposes other than those slated in the request without prior written consent of the Requested Party.

ARTICLE 9
LOCATION OR IDENTIFICATION OF PERSONS OR ITEMS

The Requested Party shall, if requested io seek the location or identity of persons or items in Its territory, use its best efforts lo ascertain the location or identity of the persons or items.

ARTICLE 10
SERVICE OF DOCUMENTS

1. The Requested Party shall, to the extent its laws permit, carry out requests for the service of documents in respect of a criminal matter.

2. A request for service of a summons requiring the appearance of a person as a witness or an expert in the Requesting Party shall be made to the Requested Party not less than forty five (45) days before the scheduled appearance. In urgent eases, the Requested Party may waive this requirement.

3. The Requested Party shall forward to the Requesting Parly a proof of service that shall include the name of the person served, date, place and manner of service, and be affixed with the signature or seal of the authority which served the documents. If service cannot be effected, the Requesting Party shall be so informed and advised of the reasons.

4. A witness or an expert who fails to comply with any process served on him or her shall not thereby be liable to any penalty or coercive measure pursuant to the law of the Requesting Party, unless subsequently he or she voluntarily enters the territory of the Requesting Party and is there again duly summoned.

ARTICLE 11
TAKING OF EVIDENCE

1. The Requested Party shall, to the extent its laws permit and upon request, take testimony, or otherwise obtain statements of persons or require them to produce items of evidence for transmission to the Requesting Parly.

2. The Requested Party, to the extent permitted by its law, shall permit the presence of such persons as specified in the request during the execution of request, and may allow such persons to question the person whose testimony or evidence is being taken, in the event that such direct questioning is not permitted., such persons shall be allowed to submit questions to be posed to the persons whose testimony or evidence is being taken.

3. A person from whom evidence is to be taken in the Requested Party pursuant to a request under this Article may decline to give evidence where the law of the Requested Party or that of the Requesting Party so provides.

4. If any person in the Requested Party claims that there is a right or obligation to decline to give evidence under the law of the Requesting Parly, the Central Authority of the Requesting Parly shall, upon request, provide a certificate to the Central Authority of the Requested Parly as to the existence of that right. In the absence of evidence to the contrary, the certificate shall be sufficient evidence of the matters stated in it.

5. For the purposes of this Article, ihc taking of evidence includes the production of documents or other articles

ARTICLE 12
TRANSFER OF PERSONS IN CUSTODY TO GIVE EVIDENCE

1. A person in custody in the Requested Party may, at the request of the Requesting Parly, be temporarily transferred to that Party to give evidence in criminal proceedings in that Party.

2. The Requested Party shall transfer a person in custody to the Requesting Party only if:

(a) the person freely consents in writing to the transfer; and

(b)the Requesting Party agrees to comply with the conditions specified by the Requested Party relating to the custody or security of the person to be transferred.

Nevertheless, the Requested Party may refuse to transfer the person in custody where his or her presence is necessary for criminal proceedings pending in the territory of the Requested Party.

3. Where the Requested Party advises the Requesting Party that the transferred person is no longer required to be held in custody, that person shall be released.

4. A person who is transferred pursuant to a request under this Article shall be returned to the Requested Party in accordance with arrangements agreed by the Requested Party as soon as practicable after the evidence has been given or at such earlier time as the person's presence is no longer required.

5. A person transferred shall receive credit for service of the sentence imposed in the Requested Parly for the time served in the custody of the Requesting Party.

ARTICLE 13
AVAILABILITY OF OTHER PERSONS TO GIVE EVIDENCE OR ASSIST IN INVESTIGATIONS

1. The Requesting Party may request the assistance of the Requested Party in arranging for the transfer of a person, not subject to Article 12, to theRequesting Party to give or provide evidence or assislauee in respect of a criminal matter in the Requesting Party.

2. The Requested Party shall, if satisfied that suitable arrangements for the person's safety will be made by the Requesting Party, invite that person to consent to give or provide evidence or assistance in the Requesting Party. The person shall be informed of any expenses or allowances payable. The Requested Party shad promptly inform the Requesting Party of the person's response and, if the person consents, take all steps necessary to facilitate the request.

ARTICLE 14
SAFE CONDUCT

1. Subject to paragraph 2 of this Article, a person who consents to give evidence or assist in an investigation in the Requesting Party under Articles 12 and 13, shall not, during the period that he or she is required to remain in the Requesting Party.

(a) be detained, prosecuted or punished in the Requesting Party for any offense, nor be subject to any civil proceedings, to which the person could not be subjected if that person were not in the Requesting Party, in respect of any act or omission which preceded the person's departure from the Requested Party; and

(b)without the person's consent, be required to give evidence in any criminal proceeding or to assist in any criminal investigation, other than the criminal matter to which the request relates.

2. Paragraph 1 of this Article ceases to apply if that person, being free to leave, has not left the Requesting Party within a period of fifteen (15) days after that person lias been officially notified that his or her presence is no longer required or, having left, has retumed.

3. A person who docs nol consent to give evidence pursuant to Articles 12 or 13 of this Treaty shall not by reason thereof be liable to any penalty or coercive measure by the courts of the Requesting Party or the Requested Party.

4. A person who consents to give evidence pursuant to Articles 12 or 13 o' this Treaty shall not be subject to prosecution based on his or her testimony, except for perjury or contempt of court.

ARTICLE 15
PROVISION OF PUBLICLY AVAILABLE DOCUMENTS AND OTHER RECORDS

1. The Requested Party shall, upon request, provide copies of documents and records that are open to public access as part of a public register or otherwise, or that are available for purchase or inspection by the public.

2. The Requested Party may, upon request, provide copies of any documents or records in the same manner and under the same conditions as they may be provided to its own law enforcement and judicial authorities.

ARTICLE 16
SEARCH AND SEIZURE

1. The Requested Party shall, lo the extent its laws permit, carry out requests made in respect of a criminal matter in the Requesting Party for the search, seizure and delivery of material to that Party.

2. The Requested Party shall provide such information as may be required by the Requesting Party concerning the result of any search, the place and circumstances of seizure, and the subsequent custody of the material seized.

3. The Requesting Party shall comply with the conditions imposed by the Requested Party in relation to any seized material which is delivered to the Requesting Party.

ARTICLE 17
PROCEEDS OF CRIME

1. The Requested Party shall, upon request, endeavor to ascertain whether any proceeds of crime are located within its jurisdiction and shall notify the Requesting Party of the results of its inquiries.

2. Where, pursuant to paragraph I, suspected proceeds of crime arc found, the Requested Party shall take such measures, to the extent permitted by its laws, to restrain, forfeit or confiscate such proceeds.

3. The Requested Party shall retain any proceeds of crime that are forfeited or confiscated pursuant to paragraph 2 of this Article. At the request of the Requesting Party, the Requested Party may, to the extent permitted by its laws and under the terms and conditions agreed to by the Parties, transfer all or part of the proceeds of crime lo the Requesting Party.

4. For the purposes of this Treaty, "proceeds of crime" means, any property suspected, or found by a court to be property directly or indirectly derived or realized as a result of the commission of an offense or to represent the value of property and other benefits derived from the commission of an offense, and includes property that is used to commit or to facilitate the commission of an offense.

ARTICLE 18
CERTIFICATION AND AUTHENTICATION

1. Subject to paragraph 2, a request for assistance, the documents in support thereof, and documents or materials furnished in response to a request, shall not require any form of certification or authentication.

2. Where, in a particular case, the Requested or Requesting Party requests that documents or materials be authenticated, the documents or materials shall be duly authenticated in the manner provided in paragraph 3.

3. Documents or materials arc authenticated for the purposes of this Treaty if:

(a) they purport to be signed or certified by a judge or other competent official in or of the Party sending the documents; and

(b) they purport to be sealed with an official seal of the Party sending the document or of a Minister/Secretary, a Ministry/Department or competent official of the Government, of that Party.

ARTICLE 19
SUBSIDIARY ARRANGEMENTS

The Central Authorities of the Parties may enter into subsidiary arrangements consistent with the purposes of this Treaty and with the laws of both Parties.

ARTICLE 20
REPRESENTATION AND EXPENSES

1. Unless otherwise provided in this Treaty, the Requested Party shall make all necessary arrangements for the representation of the Requesting Party in any criminal proceedings arising out of a request for assistance and shall otherwise represent the interests of the Requesting Party.

2. The Requested Party shall meet the costs of fulfilling the request for assistance except that the Requesting Party shall bear:

(a) the expenses associated with conveying any person to or from the territory of the Requested Party, and the accommodation expenses of the person and any fees, allowances or other expenses payable to that person while in the Requesting Party pursuant lo a request under Articles 10, 12, or 13 of this Treaty;

(b) the expenses associated with conveying custodial or escorting officers; and

(c) fees and expenses of experts and those associated with the translation of documents.

3. If the execution of the request requires expenses of an extraordinary nature, the Parties shall consult to determine the terms and conditions
under which the requested assistance can be provided.

ARTICLE 21
CONSULTATIONS

The Parties shall consult promptly, at the request of either, concerning any issue relating to the interpretation, application or implementation of this Treaty, either generally or in relation to a particular case.

ARTICLE 22
SETTLEMENT OF DISPUTES

Any dispute regarding the interpretation, application or implementation of this Treaty shall be resolved between the Parties through the diplomatic channel.

ARTICLE 23
AMENDMENTS

This Treaty may be" amended at any time by mutual consent of both Parties and shall enter into force on the date of the last notification by which the Parties notify each other that their respective national requirements have been fulfilled.

ARTICLE 24
ENTRY INTO FORCE AND TERMINATION

This Treaty shall enter into force on the date of the last notification by which the Parties notify each other that their respective national requirements for the entry into force of this Treaty have been fulfilled.

2. This Treaty shall apply to offenses committed before as well as after the date it enters into force.

3. Either Party may terminate this Treaty by notice in writing at any time. Termination shall take effect six (6) months after the date on which the notice is given.

4. The termination of this Treaty shall not prejudice the completion of any
ongoing activities agreed upon by the Parties under this Treaty.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Treaty.

DONE in duplicate at seoul on the 3rd day of June in the. year of two thousand and three, in the English and Korean languages, both texts being equally authentic.

FOR THE REPUBLIC OF THE PHILIPPINES

FOR THE REPUBLIC OF KOREA