Supreme Court E-Library
Information At Your Fingertips

TECHNICAL AGREEMENT BETWEEN THE CZECH REPUBLIC MINISTRY OF DEFENSE AND REPUBLIC OF THE PHILIPPINES GOVERNMENT ARSENAL DEPARTMENT OF NATIONAL DEFENSE ON THE REALIZATION OF THE BARREL WEAPON COURSE FOR THE PERSONNEL OF THE GOVERNMENT ARSENAL DEPARTMENT OF NATIONAL DEFENSE

PREAMBLE

This Agreement is made on this 4 th day of March 2015 between the Czech Republic – Ministry of Defence hereinafter referred to as the “Receiving Party” and the Government Arsenal Department of National Defense Republic of the Philippines hereinafter referred to as the “ Sending party”:

WITNESSETH that:

WHEREAS , it is the desire of the Government Arsenal to avail for its personnel the Barrel Weapons Training Course provided by the Ministry of Defence as part of the continuing effort of modernizing the ammunitions manufacture and small arms repair capability;

NOW, THEREFORE, for and in consideration of the foregoing premises, and the terms and conditions hereunder, the Parties hereby agree as follows:

 

Section 1
Subject of Instruction

1. The purpose of this Technical Agreement is to lay down the arrangements for the Parties’ cooperation in the area of barrel weapons training including its organization, financing and provision of support. This training will be provided by the Receiving Party on its territory to selected personnel of the Government Arsenal Department of National Defense.
   
   
2. The Receiving Party will provide for the Sending Party a Barrel Weapons Training Course (hereinafter referred to as the “Course”) for 3 personnel of the Government Arsenal Department of National Defense (hereinafter referred to as the “Trainees”).
   
   
3. The Course will be by its content mainly military training and will be realized by the Receiving Party in compliance with its national laws and regulations.
   
   
4. The Course will run for two consecutive weeks (March 16 – 27, 2015 or April 13 – 24, 2015). The exact dates will be specified by the Parties later. The Course will take place at the University of Defense and in cooperation with selected military units of the Armed Forces of the Czech Republic in appropriate military areas.
   

 

Section 2
Financial Provisions

1. The total price of the Course (“Course tuition fee”) tuition that by concluding the Technical Agreement the Sending Party undertakes to pay is USD 5,040 (five thousand and forty US Dollars) including VAT. The payment will be realized in the USA currency (USD).
   
   
2. All Course tuition fee will be strictly purposefully utilized only for the provided course costs covering items, such as tuition fees, duty transport within the course, necessary tools purchase or similar.
   
   
3. The Sending Party will be obliged to pay to the Receiving Party the amount specified in paragraph 1 of this Section on or before 6 th of March 2015 at the latest by a bank transfer to the following bank account:
   

 

The payment will be transferred from the following account:

 

4. In case of not receiving the payment of the whole amount specified in paragraph 1 of this Section by the deadline given in paragraph 3 of this Section the Course will not be provided by the Receiving Party.

5. In case of cancellation of the Course by the Sending Party in less than 30 days before its commencement, an adequate part of the payment that represents 60% of the Course tuition fee, that is US 3.024, will be returned to the Sending Party within the period of 30 days after the announcement of cancelling the Course.

6. In case of premature termination of the Course or not fully utilizing its capacity by the Sending Party, the payment of Course tuition fee will not be returned.

7. In case of cancellation of the Course by the Receiving Party the whole payment of Course tuition fee will be returned to the Sending Party.

8. In case of premature termination of the Course by the Receiving Party, the adequate part of the payment of Course tuition fee will be returned to the Sending Party.

9. The total price Course tuition excludes travelling and living expenditures and other fees, as requested by third parties, being due directly to the third parties, such as but not limited to the following:

a. Accommodation: in military quarters for approx.. USD 12 per person/night. Overnight expenditures during extra trips, if requested and agreed on beforehand.

b. Meals : Trainees may use the catering service taking lunch on week days for approximately USD 5 per meal, other meals must be arranged by the trainees themselves (cooking or in restaurants).

 

Section 3
Obligations of the Receiving Party

The Receiving Party will be obliged to:

a) Ensure professional theoretical and practical instruction programme in the English Language;

b) Secure the appropriate locale for realization of the Course, including classrooms with the necessary equipment, as well as ensuring the required documentation in the English language for every Trainee;

c) Provide transportation of the Trainees to military units where the Course will be realized as well as all other necessary transportation which arises from the timetable of the Course. This includes transportation from/to the airport in Prague;

d) Inform the Sending Party of Course progress on request;

e) Submit to the Sending Party a final report on Course progress and duty fulfilment of each individual Trainee after the Course termination;

f) Facilitate accommodation arrangements for Trainees at military accommodation facilities or at hotels (every Trainee will have his/her own private bedroom);

g) Facilitate the provision of catering services for Trainees during work days in the extent of luncheons at the dining facilities of the Receiving Party;

h) Ensure at own expense all necessary permissions needed for the realization of the Course on the territory of the Czech Republic, primarily the permission to enter military areas, etc.;

i) Facilitate provision of necessary health care in the degree of first aid; all expenses will be charged to the Sending Party;

j) In case of death of a Trainee, provide aid in securing appropriate formalities on the territory of the Czech Republic;

k) Issue a certificate in the English language to each Trainee after successful Course completion.

 

Section 4
Obligations of the Sending Party

The Sending Party will be obliged to:

a) Secure necessary visa and all other necessary formalities associated with the entry, stay and exit of the Trainees on the territory of the Czech Republic;

b) Secure any transportation of Trainees to/from the Receiving Party’s country at own expense including emergencies during the Course such as health reasons;

c) Ensure that the Trainees will undergo a medical examination prior to departure from the Sending Party’s country and that they will submit the confirmation of their health examination upon Course commencement:

d) Provide the Receiving Party in writing no later than 1 month prior to Course commencement with the date and other relating details of arrival of the Trainees;

e) Ensure that the Trainees will have the theoretical knowledge in the field of barrel weapons, appropriate knowledge of the English language including special terminology, and experience in military units;

f) Provide the Receiving Party in written format no later than 1 month prior to Course commencement with the following data regarding the Trainees:

• rank, academic degree, name and surname,
• work affiliation,
• date and place of birth,
• passport number.

g) In case of death of a Trainee, secure all necessary operations for the transportation of that individual’s remains back to the Sending Party’s country at its own expense.

 

Section 5
Other Provisions

1. The points of contact for the execution of this Technical Agreement will be:
   
   For the Receiving party: prof. Ing. Rudolf URBAN ,CSc., Vice-Rector for Marketing and External Relation, University of Defense
   
   For the Sending Party: Ms. Amelita Q. Omadto, Acting Superintendent Administrative Division Government Arsenal Department of National Defense.
   
   Email address: arsenaldnd@yahoo.com ; amy080760@yahoo.com
   
   
2. The Course will run Monday through Friday (usually 6 to 8 lessons per day) with two free days on Saturday and Sunday. The Course will also not run during Czech national holidays.
   
   
3. Any assets and equipment provided by the Receiving Party to the Trainees during the Course will remain property of the Receiving Party unless specified otherwise.
   
   
4. Access to the Internet will be provided in the buildings of the Receiving Party subject to the local conditions.
   
   
5. Trainees may use the Receiving Party’s military telephone network free of charge. Telephone calls outside of the military network and abroad will be at the Trainees’ own expense.
   
   
6. Since no international treaty concerning status of forces is concluded between the Czech Republic and the Republic of the Philippines, the legal status of the Trainees on the territory of the Czech Republic will be governed by the laws and regulations of the Czech Republic.
   
   
7. Trainees will be obliged to comply with the internal regulations of the Receiving Party and internal regulations of the facilities where the Course takes place. The Receiving Party will ensure familiarization of the Trainees with these regulations.
   
   
8. Trainees will not bring or consume alcoholic beverages or other addictive substances in the premises the Receiving Party nor will they enter them under the influence of these substances.
   
   
9. During the Course, the Trainees will be in contact with unclassified information only.
   
   
10. The Receiving Party may suggest to the Sending Party suspension or termination of the Course for a Trainee incapable of partaking in theoretical or practical instructions for health or other reasons. The Sending Party will forthwith satisfy this suggestion.

 

Section 6
Claims and Other Legal Provisions

1. 
   

Any claims connected with the stay of the Trainees on the territory of the Czech Republic in connection with the implementation of this Technical Agreement will be solved in accordance with laws and regulations of the Czech Republic.



1. The Sending Party will be responsible for the settlement of any damage done to the receiving Party or to a third party caused by Trainees during their stay on the territory of the Czech Republic.
   
   
2. Claims will be notified to the Sending Party in writing together with an attached protocol in the English language which will include information on:
   
   a) place and time of damage;
   b) laws and regulations breached;
   c) specific unlawful activity of the Trainee who caused the damage;
   d) data on the violator and injured party;
   e) description of the event;
   f) amount of damage indemnifiable.
   
   Furthermore, investigation materials containing evidence, witnesses’ statements etc. shall be attached.
   
   
3. This Technical Agreement is intended to be consistent with international law as well as national laws and regulations of the Parties. In case of any conflict between this Technical Agreement and international law or national laws and regulations of the Parties, the latter will prevail. The Parties will notify each other in the event of any such conflict.
   
   
4. Any disputes that might arise with regard to the interpretation or implementation of this Technical Agreement will be resolved only by mutual negotiation of the Parties.

Section 7
Final Provisions

1. This Technical Agreement will enter into effect upon the date of the last signature and will remain in effect, unless terminated or extended, until the Course has ended and all outstanding issues have been resolved.
   
   
2. This Technical Agreement may be changed or supplemented in writing by a mutual consent of the Parties.
   
   
3. This Technical Agreement may be terminated by any Party by giving a six-month notice in writing.
   
   
4. This Technical Agreement is signed in two original copies in the English language of which both Parties will receive one copy.
   

Signed in Manila on 4^th of March 2015

 

Signed in the presence of

 

Entry into Force: March 4, 2015