Supreme Court E-Library
Information At Your Fingertips

November 19, 2012

The Department of Science and Technology of the Republic of the Philippines and the Ministry of Public Administration and Security of the Republic of Korea (hereinafter referred to as the “Sides”);

Guided by the mutual benefit and interest of both Sides in encouraging and supporting partnerships, projects, research and development in information and communications technology (ICT), and desiring to strengthen cooperation in the area of ICT;

Have reached the following Memorandum of Understanding (hereinafter referred to as the “MOU”):

Section 1: Objectives and Principles

Within the framework of their respective constitutional, managerial and operational frameworks, the two Sides agree to pursue co-operation in the field of ICT and to develop synergies towards common goals, building on respective comparative strengths and advantages guided by the following principles:

 
1. The two Sides shall work to promote collaboration in the development of ICT on the foundation of equality and mutual benefits.
 
2. Country and regional ownership of any activities and outcomes thereof is necessary to ensure sustainable development.
 
3. Therefore, active participation of all beneficiaries and stakeholders is paramount to the success of any activities initiated within the framework of the MOU.

Section 2: Scope of Cooperation

In accordance with the laws and regulations of the two countries, the Sides will cooperate in the following areas:

 
1. Provision of assistance for the establishment of ICT policies; 
2. Provision of technical assistance for e-Government-building; 
3. Implementation of personnel exchange and joint studies on ICT; 
4. Provision of assistance for establishment of countermeasures to mitigate the adverse effects of ICT; 
5. Provision of support for the establishment of an ICT business framework; 
6. Other areas of mutual interest regarding ICT that may be jointly decided upon by the two Sides

Section 3: Cooperative Activities

Cooperation in the areas set out in Section 2 shall include, but not limited to, the following activities:

 
1. Assistance for the establishment of ICT policies;
   a) provision of consultation services in formulating and improving ICT master plan and policies,
   b) sharing of cost-outcome analysis techniques,
   c) information-sharing of new ICT application technology, and
   d) provision of assistance for the development of ICT policies for local government units (LGUs) 
 
2. Technical assistance for e-Government-building;
   a) sharing of implementation policy and regulatory know-how for e-Government-building
   b) provision of support for efficient enterprise architecture (EA)-based ICT management systems in government,
   c) facilitation of the establishment and usage support for government interoperability framework,
   d) joint consultations and provision of support for public information sharing,
   e) sharing of information regarding systems and services necessary for e-Government building, and
   f) sharing of knowledge regarding e-Government trends and best practices. 
 
3. Personnel exchange and joint studies on ICT;
   a) implementation of various personnel and technical exchanges to strengthen human resource capacity in the field of ICT (including ICT volunteer programs, workshops and seminars),
   b) provision of assistance for the implementation of joint studies on cooperative matters in the areas of mutual interest, and
   c) establishment of cooperative relations between the Information and Communications Technology Office (ICTO) under DOST of the Republic of the Philippines and the National Information Society Agency (NIA) under MOPAS of the Republic of Korea through the framework of a memorandum of understanding. 
 
4. Assistance for establishment of countermeasures to mitigate the adverse effects of ICT;
   a) provision of assistance for the establishment of information security policy and technology to deal with such issues as hacking, privacy, information security policy and PKI,
   b) assistance in the development of a healthy national information culture, including support for less-advantaged groups/regions and efforts to narrow the domestic digital divide, and
   c) collaboration in the investigation of cyber crimes
    
 
5. Support for the establishment and use of an ICT framework for the business sector;
   a) provision of support for efficient enterprise architecture (EA)-based ICT management systems in the business sector,
   b) facilitation and support for conformance and usage of the ICT standard framework,
   c) joint consultations and provision of support for public information sharing, and
   d) facilitation of joint projects involving public-private partnerships in information and communications technologies, services and research and development.
 

Section 4: ICT Cooperative Committee

 
1. The two Sides will establish an ICT Cooperative Committee (hereinafter referred to as the “Committee”) to facilitate the implementation of cooperative activities under this MOU and to review its progress.
 
2. The Committee will be composed of representatives designated by the Sides and will meet according to the schedule jointly decided upon in writing by the Sides.
 
3. The composition of and key agenda items for the Committee will be jointly decided upon by the Sides before each meeting of the Committee.

Section 5: Funding

 
1. Each Side will be responsible for its own costs and expenses that arise from cooperative activities carried out under this MOU, including expenses for travel and accommodation.
 
2. All cooperation under this MOU will be subject to the availability of financial and human resources of the Sides.

Section 6: Release of Information

Any information produced as a result of the cooperative activities under this MOU will only be used by the Sides. Such information may be released to a third party only with the joint written mutual consent of the Sides.

Section 7: Legal Framework

 
1. This MOU does not create any legal obligations under international law.
 
2. All cooperative activities under Sections 3 and 4 of this MOU will be conducted in accordance with the applicable laws and regulations of each country, and respect of Intellectual Property Rights established by international bodies (WTO-TRIPS).
 
3. This MOU may be modified only with the prior written consent of the Sides.
 
4. Any disputes between the Sides concerning the interpretation and/or implementation of this MOU shall be settled amicably through mutual consultations and/or negotiations between the Sides without reference to any third party or international tribunal.

Section 8: Amendments

This MOU may be amended by mutual written consent of the Sides.

Section 9: Validity

 
1. This MOU will come into effect on the date of signature, and will remain in effect for a period of five (5) years.
 
2. Should either Side desire to terminate this MOU, the relevant Side will inform the other Side in writing three months in advance of the desired termination date.
 
3. Termination of this MOU will not affect the implementation of any ongoing projects and programs, unless otherwise jointly decided upon in writing by both Sides.

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

Signed in duplicate in Manila, Philippines on the 19 th of November 2012 in English language

Entry into Force: November 19, 2012