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March 21, 2006

This Arrangement expresses the understandings of the Government of the Republic of the Philippines and the Government of Australia ('the Parties') in relation to the deployment of Air Security Officers;

Realizing that trans-border terrorist activities pose a very real danger to the security of the peoples and air travellers of, and commuting, the two countries;

Recognizing that preventing the increased threat to civil aviation requires international cooperation;

Recognizing the need to strengthen international cooperation at all levels in combating terrorism, including the enhancement of aviation security, pursuant to the Convention on Offences and Certain Other Acts Committed on Board Aircraft (Tokyo Convention), Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (Montreal Convention), and the Convention for the Suppression of Unlawful Seizure of Aircraft (Hague Convention);

Acting in the spirit of partnership and cooperation; Have reached the following understanding:

PARAGRAPH 1

PURPOSE AND DEFINITIONS

1. The purpose of this Arrangement is to enhance the security of regular scheduled commercial passenger flights between the territories of the Parties by providing a framework for the deployment of Air Security Officers on such flights.

2. For the purposes of this Arrangement:

(a) 'Air Security Officer' means a person who is employed, trained and accredited by the Government of the Sending State, to a standard acceptable to the Receiving State, to travel on an aircraft to provide security for that aircraft and the passengers and crew on it.

(b) 'Sending State' means the State in which the aircraft is registered.

(c) 'Receiving State' means the State in which the aircraft lands.

(d) 'Operational equipment' means a device or contraption that can assist an Air Security Officer in performing his or her function with utmost effectiveness such as restraining devices, armor vests, wire cutters, pliers, gas masks, and the like. These may also include electronic or computer gadgets.

(e) 'Weapons' means a firearm, loaded firearm or a non-lethal weapon.

i. 'Firearm' - any lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged.

ii. 'Loaded firearm' - a firearm that contains shots, bullets and other missile in its magazine or chamber.

iii. 'Non-lethal weapon' - any weapon that can temporarily incapacitate an individual and enable an Air Security Officer to control the individual's behavior such as batons, taser guns, stun guns and stun grenades.

PARAGRAPH 2

SCOPE

This Arrangement will apply to regular scheduled commercial passenger air services registered in the Sending State, which operate to and from the Receiving State.

This Arrangement will also apply to any scheduled commercial passenger air service between the territory of a Party and the territory of a third State or Territory that is diverted to the territory of the other Party.

PARAGRAPH 3

GENERAL COMMITMENTS OF THE SENDING STATE

The Sending State will:

(a) Provide information requested by the Receiving State, which is reasonably necessary for it to carry out character checks on the Air Security Officers of the Sending State;

(b) Prior to the departure of a flight carrying its Air Security Officers, ensure that they have the appropriate visa to enter the Receiving State;

(c) Prior to the departure of a flight carrying its Air Security Officers, advise them of the need to declare all firearms, loaded firearms, non-lethal weapons and operational equipment to customs or other appropriate authorities in the Receiving State on landing and to comply with the customs and other laws of that State;

(d) Prior to the departure of a flight carrying its Air Security Officers, advise the Receiving State of the identity of the Air Security Officers on board and the type and number of firearms, loaded firearms, non-lethal weapons and operational equipment that they are carrying;

(e) If there is an incident on board, advise the Receiving State as soon as it becomes aware of this incident; and

(f) If there is an incident on board the aircraft and alleged offender(s) are detained or arrested, hand those alleged offender(s) over to the Receiving State upon landing to be dealt in accordance with the laws of the Receiving State subject to Paragraph 4.2.

PARAGRAPH 4

GENERAL COMMITMENTS OF THE RECEIVING STATE

1. The Receiving State will:

(a) Facilitate, in accordance with its national laws, the admission into and departure from its territory of Air Security Officers of the Sending State;

(b) Permit the bringing into and taking out of its territory of the firearms, loaded firearms, non-lethal weapons and operational equipment of Air Security Officers of the Sending State in accordance with the operational procedures referred to in Paragraph 5; and

(c) Take custody or delivery of any person or persons in the custody of Air Security Officers of the Sending State upon arrival in the Receiving State.

2. (a) Where the Receiving State takes a person into custody, the Sending State may make representations to the Receiving State in each particular case on any matters it considers appropriate and the Receiving State will give due consideration to the representations including any formal request of the Sending State for the extradition of the offender.

(b) If the Receiving State does not have jurisdiction to charge the alleged offender(s) under the Receiving State laws, the Sending State will consider making an extradition request to seek the return of the alleged offender(s) to the Sending State.

(c) Where an offender is arrested by an Air Security Officer for the commission of an offence, which is punishable by death, and said offender is surrendered to Philippine authorities on landing in the Philippines, the Philippine government, insofar as consistent with its laws, will give due consideration to the views of the Australian government in each particular case.

PARAGRAPH 5

OPERATIONAL ARRANGEMENTS

This Arrangement will be supplemented by operational procedures decided in writing between the Parties.

The operational procedures will be in accordance with the terms of this Arrangement.

PARAGRAPH 6

OBSERVANCE OF LAWS OF SENDING STATE BY AIR SECURITY OFFICERS

The laws of the Sending State will apply to the exercise of powers by an Air Security Officer in the performance of his or her duties on an aircraft during the flight while in the Sending State or from the point the doors of the aircraft are closed for takeoff and until any external aircraft doors are opened for disembarkation.

PARAGRAPH 7

JURISDICTION OVER AIR SECURITY OFFICERS

The Sending State will have the right to exercise exclusive jurisdiction over the conduct of its Air Security Officers which takes place during a flight until any external aircraft doors are opened for disembarkation. The Receiving States national laws will apply from the time the external aircraft doors are opened for disembarkation.

PARAGRAPH 8

CONFIDENTIALITY

Each Party will preserve the confidentiality of documents, information and other data received from the other Party in connection with this Arrangement and accompanying operational procedures.

PARAGRAPH 9

DISPUTES

The Parties will use all reasonable efforts and negotiate in good faith through diplomatic channels to resolve any dispute that arises between them in connection with this Arrangement.

PARAGRAPH 10

ENTRY INTO EFFECT

This Arrangement will come into effect on the date of signature of the later written notification indicating that any necessary requirements for its entry into effect has been complied with.

PARAGRAPH 11

AMENDMENT

This Arrangement may be reviewed and amended by mutual written consent of the Parties through an exchange of diplomatic notes between the Parties.

PARAGRAPH 12

DURATION AND TERMINATION

This Arrangement will remain in effect until terminated. It may be terminated by either Party giving one month's written notice, through the diplomatic channel, to the other Party of its intention to terminate.

SIGNED at Manila on the 21st day of March 2006 in two original copies in the English language.