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April 19, 2011

I. GENERAL

The government of the United States of America and the Government of the Republic of the Philippines (hereinafter each individually a “Party” and, collectively, the “Parties”) agree to establish and to support a project designed to support institutional development of the criminal justice system in the Philippines.

The actions to be taken and the resources to be provided by the Government of the United States of America (USG) and the Government of the Republic of the Philippines (GPH) in support of this Letter of Agreement (LOA) are set forth below and constitute firm commitments by each Party.

Funds granted by the USG under the terms of this LOA total $248,030 USD provided to the Philippines Justice Sector Reform Program. In addition services of a Resident Legal Advisor will be provided by a USG agency through an interagency agreement in Washington DC. Future funding for these projects by the USG is contingent upon the availability of duly authorized and appropriated funds, satisfactory progress toward project goals, and the approval by the U.S. Department of State.

A full project description and project goals are described in Section II and III below.

II. PROJECT DESCRIPTION

Philippines Justice Sector Reform Program ($248,030)

This project is designed to enhance GPH capability to improve prosecutorial training and skills development, promote legislative reforms designed to improve the operation of the criminal justice system, strengthen police-prosecutor cooperation, and develop and support better use of existing criminal procedure tools, such as plea bargaining and consensual resolution of cases. Toward that goal, the USG and the GPH shall take actions and commit resources on an annual basis as authorized by their respective legislative processes to support this LOA. USG will provide one U.S. federal prosecutor through the U.S. Department of Justice Office of Overseas Prosecutorial Development Assistance and Training Program (DOJ/OPDAT) to serve as a Resident Legal Advisor (RLA) at U.S. Embassy Manila. The RLA will work with prosecutors and investigators and other judicial officials of the GPH to improve their capacity to plan and conduct investigations into and prosecutions of crimes. The USG and the GPH will develop and conduct training workshops for criminal justice sector actors on key substantive areas, encouraging police and prosecutor cooperation, and work towards reforms to address legislative deficiencies and procedural inefficiencies in the system. The Project will be implemented over a 12-month period, subject to renewal with the concurrence of both parties.

Actions to be taken by the USG include:

 
1. Assisting the GPH in designing and implementing training programs for prosecutors and faculty at the Philippines Department of Justice (PDOJ), in full consultation with the designated representative of the Philippine Secretary of Justice, and taking into account Philippine Department of Justice priorities. 
2. Working directly with prosecutors, law enforcement, and others in the Philippine legal community to improve the overall quality of their advocacy skills and development strategies for litigation. 
3. Providing expertise to identify and address legislative gaps and weaknesses.

Actions to be taken by the GPH include:

Formulating and finally deciding the project design for full implementation of the PDOJ as the lead agency, in full consultation and with the concurrence of the USG.

 
1.   Providing access for the RLA and technical advisors to the appropriate government officials, academies, and training institutions. 
2. Selecting appropriate GPH participants to attend training courses on key substantive areas.

The Parties may increase, amend, or terminate projects undertaken in conjunction with this LOA as agreed to by the Parties in writing. Such projects shall be subject to the terms and conditions of this LOA.

III. PERFORMANCE GOALS AND MEASUREMENTS OF EFFECTIVENESS

The long term goal of this project is to strengthen institutional performance of the Philippine justice system. The project anticipates working with the Philippine Department of Justice and other justice sector entities committed to criminal justice sector reform and development. Progress toward achievement of the project goal includes observation by personnel of the Parties, and by reports prepared by the RLA. The Parties will jointly develop a workplan that includes timelines for activities, specific performance measures and targets. Illustrative Performance Measures follow:

 
• PDOJ adopts an improved curriculum for its introductory training program directed at new prosecutors. 
• PDOJ prosecutors are knowledgeable about new legislation through attendance at training sessions addressing new legislation and demonstrating the use of new legislation in their work. 
• Prosecutor trainers are trained using improved curriculum and have begun using the improved curriculum for the training of PDOJ prosecutors. 
• GPH recognized deficiencies in investigative capacity and in criminal procedure processes that could be addressed through legislative responses. 
• GPH works on legislative solutions and forms a drafting committee that works on appropriate legislative remedies. 
• Training curriculum to improve police-prosecutor cooperation is developed, with particular references to collection and use of forensic evidence. 
• Regulations are developed and disseminated which clarify and explain the practical implications of the Government Order of police-prosecutor cooperation, and effective implementation of these regulations is seen by the investigation and prosecution of cases. 
• No less than two training programs are conducted emphasizing the utility of plea bargaining and consensual resolution of case and the use of continuous trials as a means to address the backlog of cases which cripples the Philippine justice system. These topics may be included in programs that also address other topics.
  
  

IV. EVALUATION PLAN

Representatives of the USG and the GPH will meet at least every three months to review progress towards achievement of the project goal and objectives. Progress will be evaluated in accordance with the measurements of success described above. Information to be considered in conducting these evaluations will include qualitative and quantitative indicators. A report will be prepared jointly to summarize the results of these evaluations. These evaluations are in addition to the ongoing monitoring of the programs and activities conducted by relevant personnel of both governments.

V. STANDARD PROVISIONS

1. Funds

A. Disbursement of USG funds shall be for procurement of property, equipment, supplies, material (hereinafter collectively “property”) and services.

B. Funds obligated by the USG that have not been spent within twelve months following the close of the USG fiscal year in which the LOA is signed may be de-obligated by the USG. An extension of this period may be granted by INL.

C. The GPH shall contribute to the project(s) in the LOA by ensuring adequate funding for normal administrative and related expenses for GPH personnel. These expenses include the payment of rents and utilities, telephone costs, salaries and benefits (including medical and other insurance protection), per diem and travel costs within the Philippines, personal equipment and uniforms, and by recruiting and retaining competent personnel.

D. The GPH shall make such reasonable efforts as are necessary to ensure that funds or other support provided under this LOA are not employed in any way in support of drug trafficking.

2. Title.

Title to all property, procured with funds provided by the USG under this LOA shall be to the GPH unless otherwise specified.

3. Property and Personnel

A. Property

(1) Property furnished to the GPH through funds provided by the USG shall be used to further the object and purpose of this LOA. The GPH shall return to the USG, or reimburse the USG for the original purchase price of, any property that it obtains through funds provided by the USG that is not used in accordance with this provision. The GPH shall not authorize the re-export, transfer, loan, sale or other disposition of any property provided to it under this LOA without the prior written authorization of the USG. Funds derived from the re-export, transfer loan, sale or other disposition of any property furnished or funded by the USG to the GPH under this LOA shall be used to further the objectives of the LOA.

(2) All property furnished or funded under this LOA shall be accounted for to the U.S. Embassy by the GPH in no less rigorous manner than would be used if the property was acquired by the GPH with GPH funds.

B. Personnel

(1) Before scholarships, fellowships or participant training for personnel proposed by the GPH can be furnished or funded under this LOA, each such person must execute a certification, as set forth in the Annex to this LOA, that he/she has not been convicted of a narcotics offense and has not been involved in narcotics trafficking within the last ten years.

(2) In order to retain the maximum benefits from the investment in training, the GPH agrees to retain personnel who have received training furnished or funded under this LOA for a minimum of two years after completing such training. This provision may be waived by written agreement of the Parties.

4. Monitoring and Evaluation

A. Each Party shall have the right: (1) to examine any property furnished or funded by that Party under this LOA to determine that such property is being used in accordance with the terms of the LOA; and (2) to inspect and audit any records and accounts with respects to funds, property or services furnished or funded by that Party under this LOA to determine that such funds, property and services are being utilized in accordance with the terms of this LOA.

B. The Parties shall monitor the progress of implementation of this LOA, including the use of funds, property and services furnished and funded under this LOA at least annually. Each Party shall assign qualified personnel to participate in the monitoring and evaluation process.

C. Each Party shall furnish the other with information necessary to evaluate the effectiveness of project operations under the terms of this LOA. At the termination of each project, a completion report shall be issued. The report shall include a summary of USG and GPH project contributions, a record of activities performed, objectives achieved and related data.

5. Applicable Laws

A. Each Party shall expend funds and support project operations in accordance with its applicable laws and regulations.

B. All property furnished or funded by the USG under this LOA shall be procured in and shipped from the United States unless otherwise provided for in this LOA, or in any project annex, or as otherwise authorized in writing by the USG.

6. Taxes

A. Property and Funds

Any property or funds introduced into or acquired in the Philippines by the USG or by any person or entity (including but not limited to contractors and grantees) funded by the USG as part of, or in conjunction with this LOA shall be exempt from all taxes, service charges and investment or deposit requirements and currency controls in the Philippines. The import, export, purchase, acquisition, use or disposition of any such property or funds in conjunction with this LOA shall be exempt from all tariffs, custom duties, import and export taxes, taxes on acquisitions or purchases or disposition, value-added taxes and any other taxes or similar charges including penalties or fines in the Philippines. In the event that taxes (including duties, VAT, other taxes or similar charges, penalties or fines) are assessed, the Philippines agrees to timely reimburse the USG in an amount equal to such assessment.

B. USG Personnel

All personnel employed directly or indirectly by the USG and assigned by the USG to perform duties in the Philippines in connection with this LOA, and accompanying members of their families, shall be exempt from all Philippine income taxes and social security taxes with respect to income earned while in the Philippines and from property taxes on real or personal property located in the Philippines and intended for their own personal use. Such personnel and accompanying members of their families shall receive the same treatment with respect to the payment of customs and import duties on personal effects, equipment and supplies imported into the Philippines for their own use, as is accorded by the GPH to diplomatic agents of the U.S. Embassy in the Philippines.

C. Contract Services

Any non-Filipino national contractor, including any consulting firm, any non-Filipino national personnel of such contractor funded under this LOA and present in the Philippines to perform work in connection with this LOA, any property or transaction related directly to such contracts, and any commodity procurement transaction funded under this LOA, shall be exempt from all taxes, tariffs, duties or other levies including penalties or fines imposed in the Philippines. In the event that taxes (including duties, VAT, other taxes or similar charges, penalties or fines) are assessed, the Philippines agrees to timely reimburse the USG in an amount equal to such assessment.

D. The tax arrangements provided under paragraphs B and C are not applicable to citizens or permanent residents of the Philippines present in the Philippines in conjunction with this LOA.

7. Status of USG Personnel in the Philippines

A. The GPH shall receive persons designated by the USG to discharge responsibilities of the USG under this LOA. Upon appropriate notification from the USG, the GPH shall grant USG employees the privileges and immunities accorded to the Administrative and Technical staff of the USG and assigned to the U.S. Embassy.

B. The privileges and immunities provided under paragraph A are not applicable to citizens or permanent residents of the Philippines present in the Philippines in conjunction with this LOA.

8. Human Rights

The Parties recognize that the protection of human rights is an important element of this LOA. To this end, the Parties understand that:

A. USG assistance to the GPH’s narcotics and crime control effort is conditioned on the GRP actively protecting human rights in the Philippines, and

B. In accordance with United States law and policy, no USG assistance or funds shall be provided under this LOA to or for use by a unit of the security forces of the GPH if the USG has credible evidence that such a unit has committed gross violations of human rights, unless the USG determines that the GPH is taking effective measures to bring the responsible members of the security forces to justice. The Parties understand that “effective measures” means that the GPH is carrying out a credible investigation and that the individuals involved face appropriate disciplinary action or impartial prosecution in accordance with GPH law.

9. Final Clauses

A. This LOA shall enter into force upon signature by authorized representatives of both Parties.

B. Modifications to this LOA may be made as agreed by the Parties and issued as amendments to this LOA.

C. Either Party may terminate this LOA by giving the other Party 90 days prior written notice of its intention to terminate. The USG may suspend its obligations under this LOA in whole or in part upon giving the GPH written notice with immediate effect.

D. Notwithstanding the notification procedures set forth in Paragraph C, the USG reserves the right to terminate any and all assistance provided under this LOA immediately upon notice, or to take any other appropriate measures, if an agency of the GPH, to or through which assistance is being provided under this LOA, or a key individual of such agency, or any recipient of scholarships, fellowships or training furnished under this LOA, is found to have been convicted of a narcotics offense, or to be or have been engaged in drug trafficking. Drug trafficking is defined as any activity undertaken illicitly to cultivate, produce, manufacture, distribute, sell, finance or transport, or to assist, abet, conspire, or collude with others in illicit activities, including money laundering (defined as the process whereby proceeds of criminal activity are transported, transferred, transformed, converted, or intermingled with legally acquired funds, for the purpose of concealing or disguising the true nature, source, disposition, movement, or ownership of these proceeds), relating to narcotic or psychotropic drugs, precursor chemicals, or other controlled substances. A narcotics offense is defined as a violation of, or a conspiracy to violate, any law or regulation of the United States, a State, the District of Columbia or other U.S. territory, or a foreign country relating to narcotic or psychotropic drugs or other controlled substance.

E. Notwithstanding the termination of this LOA, the obligations of the GPH under Section V, Paragraph 3 of this LOA relating to the use of property shall continue to apply without respect to time unless otherwise agreed in writing by the Parties.

F. As a condition of their continued availability, an annual reconciliation of funds (audit) may be performed as dictated by the ongoing oversight reporting requirements of the United States Government.

DONE in duplicate in Manila, Republic of the Philippines, this 19^th day of April, 2011.

Entry into Force: April 19, 2011