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August 29, 2012

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Understanding is entered into by and between the Department of Environment and Natural Resources of the Republic of the Philippines and the Korea Forest Service of the Republic of Korea, hereinafter referred to as the “Sides”;

WITNESSETH

The Department of Environment and Natural Resources of the Republic of the Philippines and Korea Forest Service of the Republic of Korea,

Recognizing the benefits to be derived from closer cooperation in the field of forestry and in accordance with the prevailing laws and regulations in each country,

Have come to the following understanding:

Paragraph 1
Purpose

 
1. The Sides will promote and strengthen cooperation between the two countries in the field of forestry.
 
2. This Memorandum of Understanding (hereinafter referred to as the “MOU”) is not intended to create any legally binding rights or obligations. It will be carried out within the framework of the respective laws and regulations of the two countries and subject to the availability of appropriate funds and personnel of the Sides.

Paragraph 2
Areas of Cooperation

Areas of cooperation under this MOU will include: 

(a) management, conservation and development of forest resources and watersheds in pursuit of sustainable forest management;
(b) forest protection, law enforcement, governance and trade;
(c)   management and control of forest fire, landslides and prevention of pest and diseases, soil and water conservation;
(d)   plantation development, rehabilitation and restoration of deforested and degraded forest ecosystems;
(e)  utilization and processing of forest products and wastes;
(f)   promotion, marketing and trade of forest products and services;
(g) climate change mitigation and adaptation measures in the forestry sector including afforestation/reforestation clean development mechanism (A/R CDM) and reducing emissions form deforestation and forest degradation (REDD), etc;
(h) cooperation on international issue in the forest sector;
(i) research and development, technology transfer, education and training, capacity building; and
(j) other areas of forestry as may be mutually determined by the Sides.

Paragraph 3
Cooperative Activities

Cooperative activities under this MOU will be implemented by mutual consent and may include: 

(a) sharing and/or exchange of information and data on forestry;
(b) exchange of forestry experts, researchers and officials;
(c) development of forest plantation with close cooperation of Korea Forest Service and the Department of Environment and Natural Resources. Both sides will facilitate investment from the private sector for development into Industrial Tree Plantation (ITP) and/or Agroforestry within the scope allowed by the regulations of the Republic of the Philippines;
(d) mutual assistance and investment in forestry such as, but not limited to wood biomass (wood pellet) and forest product processing;
(e) activities in areas related to climate change and forestry;
(f) organization of joint workshops, meetings, seminars and study tours; and
(g) other forms of cooperation as may be mutually determined and agreed by the Sides.

Paragraph 4
Forest Cooperative Committee

 
1. In order to facilitate and ensure the proper implementation of this MOU, a Forest Cooperative Committee is hereby established composed of the Department of Environment and Natural Resources of the Republic of the Philippines and Korea Forest Service of the Republic of Korea.
 
2. The Forest Cooperative Committee will meet at least once every two years alternately in the Republic of Philippines and the Republic of Korea. In each meeting, the head of the delegation of the host country will be the chairperson. The Venue and timing will be decided by mutual consent.
 
3. The Forest Cooperative Committee will have the following functions:
   (a) develop thrusts and programs based on areas of cooperation;
   (b) review and evaluate the progress of the implementation of this MOU
   (c) discuss and arrange the cooperative activities under this MOU; and
   (d) discuss other matters relating to this MOU.
 
4. Both sides will appoint a focal point to directly handle the activities under this agreement and keep communication on related matters. Upon mutual consent, a working level meeting may be convened whenever necessary.

Paragraph 5
Intellectual Property Rights

The Sides will ensure that intellectual property rights arising from the cooperative activities under this MOU are protected in accordance with the laws and regulations in force in their respective countries and international agreements to which their countries are parties.

Paragraph 6
Financial Arrangement

Expenses arising from cooperation under this MOU will be borne as mutually agreed and decided b y the Sides.

Paragraph 7
Settlement of Disputes

Any dispute between the Sides relating to the interpretation, application or implementation of this MOU will be settled amicably by consultations or negotiations between the Sides.

Paragraph 8
Entry into Effect, Duration, Amendment and Termination

 
1. This MOU will come into effect on the date of signature and will be valid for a period of five years. Thereafter, it will be renewed for successive periods of two (2) years unless either Side notifies the other Side in writing of its intention to terminate the MOU, six (6) months before the expiration of the relevant period.
 
2. This MOU may be amended upon mutual written consent of the Sides.
 
3. In case of termination of this MOU, investments and cooperative activities made by the Republic of Korea based on Paragraph 3 hereof, will continue and be respected subject to the terms and conditions of the investment agreement.

Signed in duplicate in Seoul, the Republic of Korea, on the 29th of August 2012, in English language.

Entry into Force: August 29, 2012