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September 14, 2011


MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF HIS MAJESTY THE SULTAN AND YANG DI-PERTUAN OF BRUNEI DARUSSALAM ON SPORTS COOPERATION

THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES, through the Philippine Sports Commission and THE GOVERNMENT OF HIS MAJESTY THE SULTAN AND YANG DI-PERTUAN OF BRUNEI DARUSSALAM, through the Ministry of Culture, Youth and Sports of Brunei Darussalam (hereinafter referred to singularly as the “Participant” and collectively as the “Participants”);

DESIRING to strengthen and develop bilateral relations between the two countries;

RECOGNIZING the need to develop and strengthen cooperation between them in the field of sports;

CONSIDERING the need to reinforce the spirit of the Association of Southeast Asian Nations as well as improve mutual understanding between the two countries;

PURSUANT to the prevailing laws and regulations as well as policies of the respective countries;

HAVE REACHED the following understanding:

 

SECTION 1

OBJECTIVE

The Participants, subject to the provisions of this Memorandum of Understanding and existing laws, national policies, procedures, rules and regulations in force in their respective countries, will encourage and promote mutual cooperation in the field of sports on the basis of reciprocity and mutual benefit.

SECTION 2

FORMS OF COOPERATION

The Participants may, taking into consideration the experience to be gained and benefits to be derived therefrom, cooperate by carrying out the following activities:

  1. Exchange of officials-in-charge of sports policy-making with a view to disseminating and sharing their views and experiences on national and international sports affairs;

  2. Exchange of sports experts, coaches, referees, specialists, entrepreneurs and athletes;

  3. Promotions of sports with respect to the following scope, but not limited to:
  4.  
    1. Sports education; 
    2. Recreation and achievement in sports; 
    3. Sports science; 
    4. Sports equipment; 
    5. Sports training; 
    6. Information system; 
    7. Infrastructure and industry; 
    8. Science and technology development in sports; and, 
    9. Development and enhancement of information in sports.

  5.  Participation in conferences, symposia, seminars, exhibitions, meetings and championships;

  6. Exchange of printed materials, data and other information on sports;

  7. Organization and convening of joint sporting events between the two countries including the border games on sports development; and,

  8. Any other forms of cooperation as mutually decided upon by the Participants.

 

SECTION 3

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

  1. The protection of intellectual property rights shall be enforced in conformity with the respective national laws, rules and regulations of the Participants and with international agreements to which the Participants are party.

  2. The usage of the name, logo and/or official emblem of any of the Participants on any publication, documents and/or paper is prohibited without prior written approval by either Participant.

  3. In case a specific arrangement, program or project results in intellectual property, the Participants shall conclude a separate arrangement in accordance with their respective regulations.

SECTION 4

FINANCIAL ARRANGEMENTS

  1. The financial arrangements to cover the expenses for the cooperative activities undertaken within the framework of this Memorandum of Understanding will be mutually decided upon by the respective Participants on a case-by-case basis subject to the availability of funds and other resources.

  2. Each Participant will be responsible for the costs of its participation in activities implementing this Memorandum of Understanding. Expenses incurred as a result of any cooperative activities will be shared in a manner to be jointly decided upon.

 

SECTION 5

JOINT COMMITTEE

  1. For the purpose of this Memorandum of Understanding, a Joint Committee will be established comprising of representatives nominated by each Participant. The Joint Committee will meet alternately and annually in the Philippines and in Brunei Darussalam.

  2. The Joint Committee will be responsible, inter alia, for the following:
  3.  
    1. Recommending any new forms of cooperation in the field of sports; and, 
    2. Preparing details of any plans, programs or recommendations that may facilitate the implementation of this Memorandum of Understanding.

   

SECTION 6

  IMPLEMENTATION

 

  1. The implementation of the activities of cooperation as specified under this Memorandum of Understanding will be subject to specific arrangements to be mutually decided upon by the Participants, in writing, on the basis of and within the framework of this Memorandum of Understanding.

  2.  Such arrangements will specify the financial provisions, and/or responsibilities of the parties involved and other related matters.

  3. Subject to the laws, procedures and regulations in force in their respective countries, the Participants will make the necessary arrangements with the appropriate authorities in order to facilitate the entry, stay and exit of the Participants.

   

SECTION 7

  LIMITATION OF ACTIVITIES OF PERSONNEL

 

  1. Each Participant will assure that its personnel engaged in the activities related to this Memorandum of Understanding will respect the political independence, sovereignty, and territorial integrity of the host country and will avoid activities inconsistent with the purposes and objectives of this Memorandum of Understanding.

  2. Participants of the visiting country will submit to the immigration, fiscal, customs, sanitary and national security provisions in force in the receiving country and they will not engage in any activity not related to their functions without prior authorization of the appropriate authorities for that matter. Further, they will leave the host country at the end of the period granted for this purpose.

  3. Violation of paragraphs 1 and/or paragraph 2 mentioned above may result in the revocation of all permits of the concerned personnel and other necessary measures in accordance with the prevailing laws and regulations of the host country.
     

SECTION 8

CONFIDENTIALITY

 

  1. The Participants shall keep confidential all documents, information or data acquired pursuant to this Memorandum of Understanding. Such documents, information or data can only be released or disclosed to any third party upon the prior written consent of the Participants.

  2. This provision shall continue to apply notwithstanding the termination of this Memorandum of Understanding.

 

SECTION 9

SETTLEMENT OF DISPUTES

 

Any disputes or differences between the Participants arising out of the interpretation or implementation of this Memorandum of Understanding will be settled amicably through mutual consultations or negotiations through diplomatic channels.

 

SECTION 10

  AMENDMENT AND REVIEW

 

This Memorandum of Understanding may be reviewed and amended by mutual written consent of the Participants, which will be submitted through diplomatic channels. Such amendments or revisions, which will form an integral part of this Memorandum of Understanding, will come into effect in accordance with section 11 (1) of this Memorandum of Understanding.


SECTION 11

EFFECTIVE DATE, DURATION AND TERMINATION

 

  1. This Memorandum of Understanding will take effect on the date of the later written notification by the Participants, through diplomatic channels, indicating that the domestic requirements for its effectivity have been complied with.

  2. This Memorandum of Understanding will remain effective for a period of five (5) years unless either Participant terminates it by giving written notification through diplomatic channels at least six (6) months prior to its intended date of termination.

  3. The termination of this Memorandum of Understanding will not affect the completion of any ongoing activities, plans, programs and projects unless both Participants mutually decide otherwise.

 

IN WITNESS WHEREOF, the Undersigned, being duly authorized by their respective Governments, have signed this Memorandum of Understanding.

SIGNED in duplicate, at Bandar Seri Begawan, on the 1st of June in 2011, in the English language.



FOR THE GOVERNMENT OF THE
REPUBLIC OF THE PHILIPPINES

FOR THE GOVERNMENT OFHIS MAJESTY THE SULTAN
AND YANG DI-PERTUAN OF
BRUNEI DARUSSALAM
   
(Sgd.) Hon ALBERT F. DEL ROSARIO
(Sgd.)  PRINCESS MASNA
Secretary of Foreign Affairs
Acting Minister of Foreign Affairs and Trade
 

Entry into Force: September 14, 2011



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