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MEMORANDUM OF UNDERSTANDING BETWEEN THE PHILIPPINE NATIONAL POLICE AND THE AUSTRALIAN FEDERAL POLICE ON COMBATING TRANSNATIONAL CRIME AND DEVELOPING POLICE COOPERATION

The Philippine National Police and the Australian Federal Police, hereinafter referred to singularly as “the participant” and collectively as “the participants”;

 Recalling the Memorandum of Understanding between the Government of Philippines and the Government of Australia on Cooperation in Combating Transnational Crime signed on July 14, 2003 in Philippines;

 Realising those cross-border criminal activities between Philippines and Australia may pose a very real danger to the stability and security of the peoples of the two countries;

 Recognising the need to strengthen international law enforcement cooperation at all levels in combating transnational crime, including terrorism, in a comprehensive manner;

 Acknowledging the importance of respecting the sovereignty and territorial integrity of both countries;

 Acting in the spirit of partnership and cooperation;

 Have reached the following understandings:

 

PARAGRAPH I

OBJECTIVES

 This Memorandum of Understanding (MOU) builds upon existing cooperative arrangements between the participants to encourage further cooperation between the Philippine National Police and the Australian Federal Police for the purpose of addressing priority criminal areas.

 The participants mutually determine that although this MOU is not intended to have legal effect it is nonetheless morally binding upon them.

 

PARAGRAPH II

GENERAL PROVISIONS AND SCOPE

The participants will strengthen and consolidate cooperation in the following areas:

1.  Information sharing in the areas of law enforcement;
2. Conduct of coordinated operations across all  transnational crime types;
3. Strengthening and consolidating existing cooperative networks between the participants; and
4. Cooperative assistance in the field of capacity-building and professional development.

 Any assistance and cooperation rendered under this MOU:

1. Will be subject to the provisions of this MOU and the respective domestic laws and regulations and national policies of the respective participants, as well as any existing agreements or cooperative arrangements between the participants (including between the Philippine National Police and the Australian Federal Police) concerning such assistance and cooperation;
2. Will be confined to matters that are solely within the purview and control of the respective designated authorities as set out in paragraph IV;
3. Will be with the prior mutual consent of both participants; and
4. Will be consistent with existing International Agreements, Bilateral Agreements and Treaties and International Conventions entered into by the Philippines and Australia.

 PARAGRAPH III
AREAS OF COOPERATION

 The areas of cooperation for cooperative activities under this MOU are as follows:

1.    Terrorism
2.    Illicit drug trafficking;
3.    Piracy and sea robbery;
4.    Money laundering;
5.    Cybercrime;
6.   Transnational economic crime and fraud;
7.   Trafficking of persons;
8.    Child protection operations;
9.    Illegal trafficking of weapons and ammunition;
10.   Illegal acquisition of and import and export of cultural or historic treasures;
11.   Identity fraud; and
12.   Other areas as may be mutually determined by the participants.

 PARAGRAPH IV
COOPERATION MECHANISM

 The office or unit with primary responsibility in coordinating, collaborating, and facilitating the implementation of this MOU will be:

• The Directorate for  Intelligence
  Philippine National Police
  National Headquarters Building
  Camp Crame, Quezon City, Philippines

• Manager International Network
  Australian Federal Police
  National Headquarters – Edmund Barton Building
  Barton, ACT, Australia
  Australian Federal Police

 

PARAGRAPH V
INFORMATION SHARING

 The participants will jointly develop sound law enforcement criminal intelligence capabilities to provide opportunities for the sharing of information concerning the areas of cooperation set out in paragraph III of this MOU.

 The participants will jointly develop strategies to build on existing networks and liaison arrangements in order to develop mechanisms to promote the sharing and management of information concerning the priority criminal areas.

 The participants will ensure that the exchange of information pursuant to this MOU is in accordance with the domestic laws and regulations and national policies relating to privacy and secrecy.

 The participants understand that the exchange of information not under the purview or control of the respective competent authorities is subject to the written consent of the authorized agencies in control of such information.

 Each participant will protect any information provided by the other participant from unauthorised access or disclosure and will comply with any provisions and conditions imposed by the other participant in respect of such information.

 Information exchanged under the provisions of this MOU will not be used for any other purpose or be provided or used by third parties without the prior written agreement of the provider of the information.

 

PARAGRAPH VI
FORMS OF COOPERATION

 The participants will cooperate and coordinate in law enforcement operations of mutual concern to enhance the ability of their respective law enforcement agencies to disrupt and dismantle transnational crime threats common to both countries.

 Coordinated operations means coordinated activity and assistance between the participants in the following areas, as may be mutually determined from time to time:

1. Training of police officers;
2. Consultation and advice;
3.  Enhancing technical and forensic capabilities;
4.  Providing operational support and assistance including intelligence, investigative and other specialist support, where such support and assistance does  not require the assisting participant to exercise police powers in the host country’s jurisdiction; and
5.  Any other area of coordinated activity and assistance as may be mutually determined by the participants.

 The participants will develop strategies and procedures for conducting coordinated operations through existing networks and liaison arrangements consistent with police to police cooperation against crime types set out in paragraph III of this MOU.

 The participants will ensure to obtain guidance from the Office with Primary Responsibility (OPR) during coordinated operations as set out in Paragraph 10 and the OPR will evaluate the result or implications of such operations.

 The participants will jointly develop and approve procedures in relation to coordinated operations, which will include procedures relating to the following matters:

1.  The determination and preparation of coordinated operations;
2.  The preparation of coordinated investigation plans (or Case Operation Plans-COPLANs);
3.  Contribution of resources to support COPLANs or other activities as necessary; and
4.  Management of the flow of information and security.

The determination and conduct of each coordinated operation will be mutually determined by the participants. Each OPR will be the lead agency for the portion of the coordinated operation that is carried out in its territory. The other participant will support the OPR by providing consultative and advisory assistance only.

 PARAGRAPH VII
STRENGTHEN COOPERATION

 The participants will strengthen and consolidate existing cooperative networks in their efforts to address the priority criminal areas set out in Paragraph III in a manner mutually determined by the participants on an as needs basis.

 

PARAGRAPH VIII
COOPERATIVE ASSISTANCE IN CAPACITY BUILDING AND PROFESSIONAL DEVELOPMENT

 The participants will strengthen cooperative assistance in the fields of capacity-building and professional development through:

1.   The exchange of personnel for study purposes;
2.    Training programs;
3.     Participation in seminars, conferences and workshops; and
4.    The exchange of equipment, resources and other capability development activities consistent with building capacity to address crime types described in paragraph 3 and institutional capability.

 

PARAGRAPH IX
PUBLICATION TO THE MEDIA

 Both individual and joint media releases related to this MOU and any activities there under will be coordinated by the designated authorities to ensure that the interests of both participants are protected.

 Where both participants are involved in a matter of media interest, media releases should be consented to, and provided jointly by, the participants. Where it is unclear as to who is the lead agency in a matter, the participants will mutually determine on a case by case basis as to which participant will be the lead agency for media purposes. The participants acknowledge that contributions provided by each participant will be reflected in any media release.

 

PARAGRAPH X
FINANCIAL ARRANGEMENTS

 Expenses incurred in the implementation of this MOU will be borne by the respective participants.

 Notwithstanding sub-paragraph 1 above and to facilitate the effective implementation of this MOU, either participant may request assistance from the other participant to fund coordinated operations of mutual concern and to improve institutional capabilities.

 The requested participant has the sole discretion to determine the funding, if any, to be provided pursuant to such a request for assistance.

 

PARAGRAPH XI
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

 The protection of intellectual property rights will be enforced in conformity with the respective domestic laws and regulations of the participants and with other international agreements to which both the Philippines and Australia are Parties.

 The use of the name, logo and/or official emblem of any of the participants on any publication, document and/or paper is prohibited without the prior approval of either participant.

 Notwithstanding anything in sub-paragraph 1 above, the intellectual property rights in respect of any technological development, products and services development, carried out:

1.  Jointly by the participants, or research results obtained through the joint activity effort of the participants, will be jointly owned by the participants in accordance with the provisions to be mutually determined; and
2.  Solely and separately by the participant, or the research results obtained through the sole and separate effort of the participant, will be solely owned by the participant concerned.

 

PARAGRAPH XII
CONFIDENTIALITY

 Without prejudice to sub-paragraph 5 and 6 of paragraph V, each participant will observe the confidentiality and secrecy of documents, information and other data received or supplied to the other participant during the period of the implementation of this MOU or any other arrangements made pursuant to this MOU.

 Both participants understand that the provisions of this paragraph will continue to apply notwithstanding the termination of this MOU.

 

PARAGRAPH XIII
SUSPENSION

 This Memorandum of Understanding can be revised or amended at any time upon the written arrangement of the participants. Such revisions or amendments will come into effect as from the date jointly decided by the participants.

 

PARAGRAPH XIV
REVISION, MODIFICATION AND AMENDMENT

Either participant may request in writing a revision, modification or amendment of all or any part of this MOU.

 Any revision, modification or amendment settled by the participants will be reduced into writing and will form part of this MOU.

 Such revision, modification or amendment will come into effect on such date as may be determined by the participants.

 Any revision, modification or amendment will not prejudice the understandings arising from or based on this MOU or up to the date of such revision, modification or amendment.

 

PARAGRAPH XV
SETTLEMENT OF DISAGREEMENTS

 Any difference arising out of the application, implementation or interpretation of this MOU will be settled amicably through consultation between the participants.

 PARAGRAPH XVI
ENTRY INTO EFFECT, DURATION AND TERMINATION

 This MOU will come into effect on the date of the signature of the participants and will remain in effect for the period of five (5) years. However, the period may be extended by mutual consent in writing of the participants three (3) months prior to the lapse of the five-year period.

 Notwithstanding sub-para 1 above, this MOU may be terminated by either participant prior to the lapse of the five-year period by giving written notice to the other three (3) months before its intended period of termination.

 SIGNED in duplicate at 10:30am on the 20 day of October in the year two thousand and twelve, in the English language, both texts being equally valid. In case of any divergence of interpretation, this English text will prevail.

 

FOR THE PHILIPPINE NATIONAL                   FOR THE AUSTRALIAN FEDERAL
POLICE                                                                     POLICE

 

 

(Sgd.) NICANOR A. BARTOLOME CSEE         (Sgd.) TONY NEGUS APM
Police Director General                                               Commissioner
Chief, Philippine National Police                                Australian Federal Police

 

 

 

 

 

 

Entry into Force: October 2, 2012