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MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF MALAYSIA ON CO-OPERATION IN THE FIELD OF EDUCATION

THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES as represented by the Department of Education AND THE GOVERNMENT OF MALAYSIA as represented by the Ministry of Education (hereinafter referred to singularly as "the Party" and collectively as "the Parties"),

RECOGNISING the importance of education and training in national development, as well as a means to further cultivate ties between their peoples;

MINDFUL of each other's achievements in this field;

DESIRING to strengthen and broaden mutual co-operation in the provision of education and training in their respective countries; and

BELIEVING that co-operation in the field of education would benefit both Parties, HAVE AGREED as follows:

ARTICLE I
    OBJECTIVE

The Parties, subject to the terms of this Memorandum of Understanding and the laws, rules, regulations and national policies from time to time in force in each country, agree to provide the framework within which detailed proposals for programmes of education and professional interaction between the Parties are to be jointly considered on the basis of reciprocity and mutual benefit.

ARTICLE II
    FORMS OF CO-OPERATION

Co-operation under this Memorandum of Understanding, to be encouraged and managed by the designated authority of the Parties, shall take the form of linkages between education institutions of all levels, through exchange between educational leaders, high officials, experts, teachers, administrators and students. It shall include the exchange of all forms of education related materials, publications, teaching aids and information, interaction through meetings, workshops, exhibitions, conferences, seminars, study visits, competitions, camps, scholarships or sponsorship, and other forms of educational co-operation as may be mutually determined by the Parties.

ARTICLE III
  AREAS OF CO-OPERATION

Each Party shall, subject to the laws, rules, regulations and national policies from time to time in force, governing the subject matter in their respective countries, endeavour to take necessary steps to encourage and promote co-operation in the following areas relating to the field of education (basic education):

(i) School / Institution Linkages;
(ii) Teacher Education & Training;
(iii) Educational Assessment;
(iv) Educational Planning & Research;
(v) Educational Management & Leadership;
 (vi) Technical & Vocational Education & Training;
(vii) Curriculum Design & Development; and
 (viii) Any other areas of co-operation to be mutually agreed upon in the field of education (basic education) by the Parties.
 

ARTICLE IV
    DESIGNATED AUTHORITY

The designated authority responsible for the implementation of this Memorandum of Understanding on behalf of the Government of the Republic of the Philippines shall be the Department of Education and on behalf of the Government of Malaysia shall be the Ministry of Education.

ARTICLE V
    IMPLEMENTATION

 
1. This Memorandum of Understanding shall be implemented in accordance with the laws, rules, regulations and national policies from time to time in force in each country and in accordance with their respective international obligations.  
 
2. The manner of implementation of this Memorandum of Understanding shall be determined and agreed upon respectively through the Department of Education of the Philippines and the Ministry of Education of Malaysia. 
   
   

ARTICLE VI
    JOINT WORKING GROUP

 
1. The Parties shall establish a Philippines-Malaysia Joint Working Group (hereinafter referred to as "the Joint Working Group") to review the implementation of this Memorandum of Understanding between the two (2) countries.     
 
2. The Joint Working Group shall consider ways and means to promote the aforesaid objective and ensure the proper co-ordination and implementation of its decisions and/or recommendations. The Joint Working Group shall also review the progress of the implementation of all understandings concluded between the two countries within the framework of this Memorandum of Understanding, and take steps to ensure the active and speedy implementation of the understandings.     
 
3. The Joint. Working Group shall be chaired on behalf of the Government of the Republic of Philippines by a senior official of the Department of Education of the Philippines and on behalf of the Government of Malaysia by the Secretary General of the Ministry of Education, with participation from other relevant, government agencies of the Parties as appropriate.     
 
4. The Joint Working Group shall meet once every eighteen (18) months, alternately in the Philippines and Malaysia. The Joint Working Group may also hold additional meetings whenever it considers it necessary.     
 
5. The Joint Working Group shall meet at a date convenient to and mutually decided upon by the Parties. 
 
6. The composition and procedure of the Joint Working Group shall be jointly decided upon by the Parties.
   
 
7. The decisions and other conclusions of the Joint Working Group shall be reflected in the Agreed Minutes of the Meeting and the Parties shall take appropriate steps to implement these decisions and conclusions. 

ARTICLE VII
    FINANCIAL ARRANGEMENTS

 
1. The financial arrangements to cover expenses for the cooperative activities undertaken within the framework of this Memorandum of Understanding shall be mutually agreed upon by both Parties and on a case-by-case basis shall be subject to the availability of funds.
   
        
 
2. Notwithstanding anything in paragraph 1 above, expenses for organising the meetings of the Joint Working Group shall be borne by the Party hosting the meetings. The Party, which is sending its representatives for participation in the meetings of the Joint Working Group, if any, shall bear their own travel and living expenses.
   
      
    

ARTICLE VIII
    PARTICIPATION OF THIRD PARTY

Either Party may invite the participation of a third party in the joint activities and/or programmes being carried out under this Memorandum of Understanding upon the agreement of the other Party. In carrying out such joint activities and/or programmes, the Parties shall ensure that the third party shall comply with the provisions of this Memorandum of Understanding.

ARTICLE IX
    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 Parties and with other international agreements signed by both Parties.     
 
2. The use of the name, logo and/or official emblem of any of the Parties on any publication, document and/or paper is prohibited without the prior written approval of either Party.    
 
3. Notwithstanding anything in paragraph 1 above, the intellectual property rights in respect of any technological development, and any, products and services development, carried out-   

   (i) jointly by the Parties or research results obtained through the joint effort of the Parties, shall be jointly owned by the Parties in accordance with the terms to be mutually agreed upon; and     

   (ii) solely and separately by the Party or the research results obtained through sole and separate effort of the Party, shall be solely owned by the Party concerned.

ARTICLE X
    CONFIDENTIALITY

 
1. Each Party shall undertake to observe the confidentiality and secrecy of documents, information and other data received from, or supplied to, the other Party during the implementation of this Memorandum of Understanding or any other agreements made pursuant to this Memorandum of Understanding.    
 
2. Both Parties agree that the provisions of this Article shall continue to be binding between the Parties notwithstanding the termination of this Memorandum of Understanding. 

ARTICLE XI
    SUSPENSION

Each Party reserves the right for reasons of national security, national interest, public order or public health to suspend temporarily, either in whole or in part, the implementation of this Memorandum of Understanding which suspension shall take effect immediately after notification has been given to the other Party through diplomatic channels.

  ARTICLE XII
  REVISION, MODIFICATION AND AMENDMENT

 
1. Either Party may request in writing a revision, modification or amendment of all or any part of this Memorandum of Understanding.     
 
2. Any revision, modification or amendment agreed to by the Parties shall be reduced into writing and shall form part of this Memorandum of Understanding.     
 
3. Such revision, modification or amendment shall come into force on such date as may be determined by the Parties.     
 
4. Any revision, modification or amendment shall not prejudice the rights and obligations arising from or based on this Memorandum of Understanding before or up to the date of such revision, modification or amendment
   
      

ARTICLE XIII
    SETTLEMENT OF DISPUTES

Any difference or dispute between the Parties concerning the interpretation and/or implementation and/or application of any of the provisions of this Memorandum of Understanding shall be settled amicably through mutual consultation and/or negotiations between the Parties through diplomatic channels, without reference to any third party or international tribunal.

ARTICLE XIV
    ENTRY INTO FORCE, DURATION AND TERMINATION

 
1. This Memorandum of Understanding shall come into force on the date of signing and shall remain in force for a period of five (5) years.
   
       
2. Thereafter, it shall be automatically extended for a further period of five (5) years.    
   
 
3. Notwithstanding anything in this Article, either Party may terminate this Memorandum of Understanding by notifying the other Party of its intention to terminate this Memorandum of Understanding by a notice in writing through diplomatic channels, at least three (3) months prior to its intention to do so.     
 
4. The termination of this Memorandum of Understanding shall not affect the implementation of ongoing activities and/or progammes which have been agreed prior to the date of termination of this Memorandum of Understanding.
   

IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Memorandum of Understanding.     

DONE at Putrajaya on this __28__ th day of February in the year 2014 in two (2) original English language texts.
       
       

                                                                                                             

For the Government of		For the Government of
The Republic of the Philippines		Malaysia

  

Entry into Force: February 28, 2014