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December 05, 2013
MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF ENERGY OF THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE MINISTRY OF ENERGY OF THE GOVERNMENT OF THE REPUBLIC OF THE UNION OF MYANMAR IN THE FIELD OF RENEWABLE ENERGY
PREAMBLE
The Department of Energy (DOE) of the Republic of the Philippines and the Ministry of Energy (MRE) of the Republic of the Union of Myanmar, (hereinafter referred to as "Parties") recognizing the crucial role of renewable energy sources in augmenting the energy requirements of the two countries;
Acknowledging that the energy market is constantly evolving and the current volatility in oil prices impacts on economic growth and development of both countries;
Recognizing the importance of strengthening bilateral and international cooperation in renewable energy as a sustainable approach in addressing energy challenges;
Desiring to cooperate through exchange of technical expertise, joint research and development activities in renewable energy resources, information exchange and networking and other related activities in furtherance and successful adoption of renewable energy technologies and their commercialization and resultant benefit to both countries;
Have agreed as follows:
Article 1
OBJECTIVES
OBJECTIVES
The Parties shall hereby agree:
1.1 To collaborate in research, design, development and demonstration of renewable energy technologies; solar photovoltaic, solar heating, biogas, biomass, geothermal, small hydro, wind, waste to energy, tidal ocean and any other renewable sources as identified through mutual discussions.
1.2 To undertake collective efforts for the preparation and effective implementation of a "Programme for Cooperation" will provide a systematic and organized outline of activities.
Article 2
AREAS OF COOPERATION
AREAS OF COOPERATION
The areas of cooperation shall interalia include:
2.1 Jointly undertaking appropriate technology cooperation activities through conduct of research and development activities, installation of demonstration facilities, technical experts exchange programme, sponsorship and conduct of trainings, conferences and other similar activities in renewable and rural energy;
2.2 Initiating and institutionalizing information networking and exchange;
2.3 Soliciting and/or extend financial assistance for the implementation of a Programme for Cooperation and earmark funds needed within each country to carry out the objectives of this Agreement; and
2.4 Identifying relevant national partners in the implementation of their respective country's Programme for Cooperation.
Article 3
CONTRIBUTIONS
CONTRIBUTIONS
The Parties agree to provide the following contributions in all the spheres of cooperation:
3.1 CONTRIBUTIONS BY THE PHILIPPINE DEPARTMENT OF ENERGY
a) To provide experts, officials, and other related inputs to interact with the technical and other personnel of the Minister of Energy in the areas of renewable energy technologies and options and share its own experience in these areas;3.2 CONTRIBUTIONS BY THE MYANMAR MINISTRY OF ENERGY
b) To coordinate with the Ministry of Energy the necessary arrangements for financial support in the implementation of the programmes and cooperation;
c) To provide on a reciprocal basis technical assistance through experts, consultants and other related inputs in the areas identified for cooperation and all the necessary support, including access to relevant information, linkages with appropriate local agencies and other for the technical and other personnel of the Ministry of Energy during their stay, visit and work with the Department of Energy;
d) To provide qualified technical experts and other personnel to work with Myanmar experts and personnel and send experts and personnel to Myanmar for coordination meetings as and when nominations are invited for training and the like;
e) To coordinate with the Ministry of Energy for setting up demonstration units and equipment provided by them with the objective of studying and assessing their use for the conditions existing in the different regions of the Philippines, and thereafter to consider its extension and propagation through appropriate measures for commercialization which may include trade agreements, joint ventures and other similar options;
f) To be responsible for overall documentation and implementation of the programmes and for sharing it with the Ministry of Energy;
g) To exchange with the Ministry of Energy periodic Programme Accomplishment Reports; and
h) To coordinate all measures implemented by the various institutions, agencies, organizations, involving both public and private sectors, within the scope of the Agreement.
a) To provide experts, officials, and other related inputs to interact with the technical and other personnel of the Department of Energy in the areas of renewable energy technologies and options and share its own experience in these areas;3.3 IMPLEMENTATION OF CONTRIBUTIONS Both Parties shall:
b) To coordinate with the Department of Energy the necessary arrangements for financial support in the implementation of the programmes and cooperation;
c) To provide on a reciprocal basis technical assistance through experts, consultants and other related inputs in the areas identified for cooperation and all the necessary support, including access to relevant information, linkages with appropriate local agencies and other for the technical and other personnel of the Department of Energy during their stay, visit and work with the Ministry of Energy;
d) To provide qualified technical experts and other personnel to work with Philippine experts and personnel and send experts and personnel to the Philippines for coordination meetings as and when nominations are invited for training and the like;
e) To coordinate with the Department of Energy for setting up demonstration units and equipment provided by them with the objective of studying and assessing their use for the conditions existing in the different regions of Myanmar, and thereafter to consider its extension and propagation through appropriate measures for commercialization which may include trade agreements, joint ventures and other similar options;
f) To be responsible for overall documentation and implementation of the programmes and for sharing it with the Department of Energy;
g) To exchange with the Department of Energy periodic Programme Accomplishment Reports; and
h) To coordinate all measures implemented by the various institutions, agencies, organizations, involving both public and private sectors, within the scope of the Agreement.
a) Ensure that the inclusion of third Parties (such as, affiliated Non- Conventional Energy Centers, Universities, Rural Energy and Development Supply Association, Non-Governmental Organizations, Local Government Units, if any, and appropriate organizations at the rural level, if feasible) in the execution of the programmes will be in accordance with this Agreement;
b) Promote and work actively to involve their respective business, trade and manufacturing organizations working in the area of renewable energy so
as to facilitate commercialization of renewable energy technology through business and trade agreements and joint ventures; and
c) Work closely together in all phases of the programmes and prepare jointly the Annual Plans of Operation and Financing and whenever practicable adapt them to the progress of the programmes.
Article 4
JOINT COMMITTEE
JOINT COMMITTEE
4.1 The Parties shall establish a Joint Committee to execute and monitor the Programme for Cooperation. Each Party shall designated a co-chairman and two members to the Joint Committee. The Joint Committee shall adopt procedures for its operation and shall ordinarily meet every year in the Republic of the Philippines and the Republic of the Union of Myanmar, alternately.
4.2 The Joint Committee shall identify cooperation activities, plan and coordinate cooperation in scientific and commercial development in renewable energy, and monitor and facilitate such cooperation. The Joint Committee shall also consider proposals for the further development of cooperative activities in specific areas and recommend measures and programmes to both sides.
4.3 Subject to the provisions of this Agreement, the international travel and other incidental expenses of the scientists and specialists exchanged between the two countries shall be borne by the sending country, while the expenses for internal travel as well as medical care, if necessary, shall be borne by the host country.
Article 5
STATUS PROPERTY
STATUS PROPERTY
5.1 After completion of the activities/projects under the Programme for Cooperation with the supervision of the Parties, all equipment and facilities under this Agreement shall be turned over in full ownership where it is located and work is executed.
5.2 All materials and equipment shall remain at the unrestricted utilization and access of both Parties for the implementation and fulfillment of their respective tasks during project execution.
Article 6
INFORMATION
INFORMATION
6.1 The Parties shall agree to supply each other to the best of their ability with all information in the English language necessary for the project implementation. They shall grant access to any kind of information regarding the progress of the project to each other.
6.2 Transmission of Confidential Information by either Party and bearing a restrictive designation shall not be made available to any third party except the respective government without prior written consent and approval by the Party having disclosed such information and subject to such terms as maybe stipulated by that Party. Unless otherwise provided, the third party shall be obliged on its part to treat such information as confidential.
6.3 Either Party shall be entitled to use any information received from either party in accordance with stipulations of Article 6.2 thereof.
6.4 Both Parties agree to evaluate the joint project and to exchange the results at regular intervals. After completion of the project, each contracting Party shall submit to the other Party a detailed evaluation and final report.
Article 7
PROJECT RESULTS
PROJECT RESULTS
Research results obtained during and within the performance and duration of the undertaking under this Agreement and which are mutually determined by the Parties as non-patentable can be utilized freely by either Party. The Parties and their respective governments are entitled to publish the results of the project making reference to the cooperation under this Agreement.
Article 8
PATENTS
PATENTS
Any decision on the patents or other intellectual property rights arising out of the activities under this Agreement shall be made on case to case basis.
Article 9
WARRANTY AND LIABILITY
WARRANTY AND LIABILITY
The Parties agree to transmit to each other, to the best of their knowledge and ability, their information on renewable energy technologies, and if required, to make available, their material and equipment. However, the Parties will not assume any warranty for correctness of information exchanged or the good working condition of the material or equipment furnished. They shall not be liable to each other for any damage caused by the utilization of such information, material or equipment.
Article 10
DISPUTE SETTLEMENT
DISPUTE SETTLEMENT
Any dispute arising out of the interpretation or implementation of this Agreement shall be settled by mutual consultations between the Parties.
Article 11
AMENDMENTS
AMENDMENTS
This Agreement may be amended, revised or modified through diplomatic channels by the Parties. Any amendment, revision or modification shall enter into force in accordance with the provision on entry into force.
Article 12
COMMENCEMENT
COMMENCEMENT
This Agreement shall enter into force on the date of the written notification by the Parties of the completion of their domestic requirements.
Article 13
TERMINATION
TERMINATION
This Agreement may be terminated by either party by giving a written notice of three months to the other party of its intention to terminate this Agreement.
IN WITNESS WHEREOF, the following representatives duly authorized thereto by their respective Governments have signed this Agreement.
Done in Manila on this 5th day of December, in the year 2013, in the English language.
FOR THE REPUBLIC OF THE PHILIPPINES | FOR THE REPUBLIC OF THE UNION OF MYANMAR |
(Sgd.) CARLOS JERICHO L. PETILLA Secretary Department of Energy | (Sgd.) ZAYAR AUNG Chairman National Energy Management Committee |