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December 06, 2017


MEMORANDUM OF UNDERSTANDING ON DEFENSE COOPERATION between THE DEPARTMENT OF NATIONAL DEFENSE OF THE REPUBLIC OF THE PHILIPPINES and THE MINISTRY OF NATIONAL DEFENSE OF THE KINGDOM OF CAMBODIA

The DEPARTMENT OF NATIONAL DEFENSE OF THE REPUBLIC OF THE PHILIPPINES and THE MINISTRY OF NATIONAL DEFENSE OF THE KINGDOM OF CAMBODIA, (hereinafter referred to as the “Participants”);

DESIRING to further strengthen and develop bilateral relations by promoting and increasing defense cooperation between them;

ACKNOWLEDGING the mutual benefits to be derived from mutual cooperation in defense.

PURSUANT to the prevailing laws and regulations as well as policies of their respective countries;

HAVE AGREED AS FOLLOWS (HAVE REACHED THE FOLLOWING UNDERSTANDING):

PARAGRAPH 1

OBJECTIVE

This MOU will provide a framework for cooperation between the Participants in the field of defense, on the basis of reciprocity and mutual benefit.

PARAGRAPH 2

AREAS OF COOPERATION

The Participants will cooperate in the following areas:
a. Defense and Security Policy;
b. Defense and Military Education, Training and Capacity Building;
c. Peacekeeping Operations;
d. Humanitarian Assistance and Disaster Relief;
e. Logistics and Maintenance;
f. Armaments and Military Equipment;
g. Defense Industry and Technology;
h. Research and Technology; and
i. Any other areas as may be mutually decided.

PARAGRAPH 3

FORMS OF COOPERATION

The Participants will cooperate through:
a. Exchange of delegations and personnel;
b. Exchange of personnel for on-the-job-training;
c. Subject Matter Expert (SME) Exchange
d. Exchange of information, documentation and materials;
e. Participation in seminars, workshops, and other activities organized by the other Participant;
f. Participation in defense and security activities such as Table Top Exercise (TTX) and combined training activities; and
g. Other forms of cooperation as may be mutually decided.

PARAGRAPH 4

IMPLEMENTATION

  1. To implement this MOU, the Participants will establish a Joint Committee composed of an equal number of representatives nominated from each Participant.

    1. The Joint Committee will endeavor to meet every two (2) years, or as may be requested by a Participants, alternately in the Philippines and in Cambodia.

    2. The Joint Committee will be responsible for:

    i. Preparing plans, programs or activities of cooperation;

    ii. Recommending new forms and areas of cooperation; and

    iii. Other matters as may be mutually decided.

  2. The implementation of plans, programs and activities as specified under this MOU will be subject to specific arrangements to be mutually decided upon in writing.

PARAGRAPH 5

FINANCIAL ARRANGEMENTS

  1. Unless otherwise agreed upon, each Participant will be responsible for its own costs in the implementation of this MOU.

  2. Financial arrangements to cover expenses for cooperative activities under this MOU will be mutually decided upon, on a case-to-case basis and subject to the availability of funds and other resources.

PARAGRAPH 6

CONFIDENTIALITY

  1. Any information arising out of or obtained under this MOU will not be disclosed to any third party without the prior written approval of the other Participant.

  2. This security of classified information and material exchanged or arising out of this MOU will be governed by specific agreements between the Participants, on a case-to-case basis.

PARAGRAPH 7

INTELLECTUAL PROPERTY RIGHTS

Each Participant will respect other Participant’s intellectual property rights in regard to the information transmitted, exchanged or produced within the framework of this MOU. Each Participant will endeavor to protect intellectual property in accordance with its national laws and regulations as well as with international agreements in force between the two countries.

PARAGRAPH 8

LEGAL REQUIREMENT RELATED TO EXCHANGE OF MILITARY AND CIVILIAN PERSONNEL

The Participant, which sends its military and civilian personnel respectively to the territory of the Republic of the Philippines or the Kingdom of Cambodia for the purposes of taking part in activities under this MOU, will take necessary measures to ensure that the aforementioned personnel will respect the national law of the other Participant which receives and hosts it and abstain from any activity inconsistent with the letter and spirit of this MOU, including political actions.

PARAGRAPH 9

CONSULTATIONS
  1. The Participants will immediately consult with each other to resolve any differences in the interpretation of this MOU or in the implementation of plans, programs or activities under this MOU.

  2. The Participants will not refer such differences to any third party or tribunal.

PARAGRAPH 10

NON-BINDING EFFECT

This Memorandum does not give rise to legally binding rights or obligations under international law, and the cooperation and exchanges under this Memorandum will be conducted subject to the laws and regulations of the Participants.

PARAGRAPH 11

AMENDMENTS

Any amendment to this MOU may be done by mutual written consent, through diplomatic channels. Such amendment will become effective in accordance with Paragraph 12 (1).

PARAGRAPH 12

EFFECTIVITY, VALIDITY AND TERMINATION

  1. This MOU will become effective on the date of signing by the Participants.

  2. This MOU will be effective for five (5) years and will be renewed for similar periods, unless one Participant notifies the other in writing, through diplomatic channels, of its intention to suspend or terminate this MOU, at least ninety (90) days prior to the intended date of termination.

  3. The termination of this MOU will not affect the implementation of any on-going activities or projects, unless both Participants mutually decide otherwise.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Memorandum of Understanding.

Signed in Manila, Philippines on the 6th day of December in the year 2017 in two (2) copies in the English language and Khmer languages, both texts being valid. In case of differences in interpretation, English text will prevail.
 
FOR THE DEPARTMENT OF NATIONALFOR THE MINISTRY OF NATIONAL
DEFENSE OF THE REPUBLIC OF THEDEFENSE OF THE KINGDOM OF
PHILIPPINES CAMBODIA
  
(Sgd.) RICARDO A. DAVID, JR. (Sgd.) NEANG PHAT
Undersecretary Secretary of State
Entry into Force: December 6, 2017


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