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MEMORANDUM OF UNDERSTANDING ON INFORMATION COOPERATION BETWEEN THE PRESIDENTIAL COMMUNICATIONS OPERATIONS OFFICE OF THE REPUBLIC OF THE PHILIPPINES AND THE MINISTRY OF INFORMATION OF THE REPUBLIC OF THE UNION OF MYANMAR (In the Field of News Exchange, Radio and Television Broadcasting, Film Industries, Public Relations, Printing and Publishing)

The Presidential Communications Operations Office (PCOO) of the Republic of the Philippines and the Ministry of Information of the Republic of the Union of Myanmar (hereinafter collectively referred to as "the Participants" and singularly referred to as "the Participant";

RECOGNIZING the need to strengthen the existing friendly relations between the two countries;

DESIRING to promote cooperation in the field of information, in accordance with their respective laws and regulations;

DESIRING to develop cooperation between their countries on the basis of equality, mutual benefit, mutual understanding, respect for sovereignty and the principle of non-interference in internal affairs;
 
HAVE DECIDED TO CONCLUDE THIS MEMORANDUM OF UNDERSTANDING (MOU):

 

PARAGRAPH 1

OBJECTIVE

The Participants will, subject to their laws and regulations, encourage and promote the development of cooperation in the field of information between their two countries for their mutual benefit.

PARAGRAPH 2
FIELDS OF COOPERATION

Taking into consideration the experience to be gained and benefits to be derived therefrom and subject to the availability of funds and resources, the cooperation referred to in Paragraph 1 may include the following fields:

A. News Exchange;

B. Radio and Television Broadcasting;

C. Film Industries;

D. Information Technology, especially the use of computers and internet as a means of communication and dissemination of information;

E. Public Relations;

F. Printing and Publishing; and

G. Other areas as may be mutually agreed upon.

PARAGRAPH 3

FORMS OF  COOPERATION

Taking into consideration the experience to be gained and benefits to be derived therefrom and subject to the availability of funds and resources, the cooperation referred to in Paragraph 1 may include the following forms:

 

A. Exchange of information and materials, which may include:

1.    News and information materials;

2.    Radio and televisions reports such as news, dramas, documentaries, children's programmes and entertainment, covering the political, economic, social and cultural aspects of life of the Participants;

3.    Radio and television programmes and documentaries covering the National Day celebrations of their countries;

4.    Studies, data and relevant information material that will supply the media in each country with authentic information;

5.    Publications, photographs or other visual and exhibition materials; and

6.    Other information and materials as may be mutually agreed upon.

The  Participants   agree   to   the   full  utilization   of  exchanged   materials   in development activities in both countries.

B.  Exchange of personnel, which may include:

1.    Mass media representatives, including technical personnel, interpersonal communicators, writers, film experts, radio and television broadcasters and print media journalists;

2.    Media experts in related fields of studies; and

3.    Other personnel as may be mutually agreed upon.

C.    Provision of technical facilities related to news coverage of national
events;

D.    Joint ventures and joint productions;

E.    Participation in film festivals;

F.    Conduct of training, workshops and seminars; and

G.    Other forms of cooperation as may be mutually agreed upon.

PARAGRAPH 4
EXCHANGE PROGRAMMES

In order to facilitate cooperation in the fields identified in Paragraph 2, the participants will develop such appropriate exchange programmes as mutually agreed upon.

PARAGRAPH 5
IMPLEMENTING ARRANGEMENTS

For the purpose of the implementation of this MOU:

A.    Both Participants  will  appoint focal persons  to identify,  formulate, review, implement and monitor projects and activities under this MOU.

B.    Both   Participants   may   enter   into   specific   arrangements   to   clarify obligations,   funding  and   other  matters   for   mutually   agreed  upon projects or activities under this MOU.

C.    Both Participants may establish Working Groups or ad-hoc task forces as may   be   necessary,   to  jumpstart   the   projects   and   activities   to  be undertaken under this MOU.

D.    Both Participants may hold meetings as may be necessary, at any venue as may be mutually agreed upon.

PARAGRAPH 6
CONFIDENTIALITY

All materials, documents, information and other data received during the period of implementation of this MOU will not be made available to a third party without the prior written consent of the other Participant. The obligations under this Paragraph do not lapse upon expiration or termination of this MOU.

PARAGRAPH 7
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

A.    The   Participant   sending   the  materials   will  be   responsible   for   the protection   of   intellectual   property   rights,   including   copyright,   in accordance with the laws in force in its country. It will ensure that such materials may be reproduced for exhibition purposes.

B.    If  the  sending  of  the  materials  be  subject   to   the  payment  of an honorarium or to other financial conditions, the Participant sending the materials will inform the other Participant of those conditions before dispatching the materials; it will send the materials after receiving the latter Participant's consent.

C.    Any obligations in connection with the author's rights or performer's rights will be borne by the Participant sending the materials.

PARAGRAPH 8
CONDITIONS ON USE OF MATERIALS

A. All materials, documents, information and other data obtained under this MOU will: (i)        be used at the discretion of the Participant receiving it;

(ii)      be exchanged and used between the Participants free of charge;

(iii)     not be handed over to a third party or used for commercial purposes;

(iv)      be accompanied by an explanatory text in English; and

(v) be selected and used at the discretion of each of the Participants, both in terms of the number of items to be used and the choice of subjects,

B. Either Participant may edit each other's news and programmes faithfully and professionally. Under no circumstances will the facts, content and intent of the news or programme be changed.

PARAGRAPH 9
STATUS

This  MOU   does  not  give  rise   to   any  legally binding  obligations  under international law.

PARAGRAPH 10
CONSULTATIONS

Should there be any divergence in the interpretation or application of the provisions of this MOU and of the projects or activities undertaken under it, the Participants will settle amicably such divergence by consultations between them, without reference to any third party or international tribunal.
 

PARAGRAPH 11
AMENDMENTS

A.    Either Participant may request in writing an amendment of all or any part of this MOU.

B.    Such amendment agreed to by the Participants will be in writing and will form part of this MOU.

C.    Such amendment will come into effect in accordance with Paragraph 14.

PARAGRAPH 12
SUSPENSION

A.    The Participants reserve the right, for reasons of security, public order or public health, to suspend temporarily, either in whole or in part, the implementation of this MOU.

B.    The suspension will be effective thirty (30) days after written notification has been given to the other Participant, through diplomatic channels.

PARAGRAPH 13
EFFECTIVITY, VALIDITY AND TERMINATION

A.    This MOU will become effective on the date of the signature and will remain in force for a period of two (2) years and may be renewed for a similar period upon sixty (60) days written notice by either Participant.

B.    Either Participant may terminate this MOU upon sixty (60) days written notice.
 
C. Unless otherwise agreed upon, the termination of this MOU will not affect or prejudice the completion of existing and on-going projects undertaken under this MOU.
Done in Manila on this 5th day of December in the year 2013, in two original texts in the English language, both texts being equally valid.
   

FOR THE GOVERNMENT  OF THE REPUBLIC OF THE PHILIPPINES:	FOR THE GOVERNMENT OF THE REPUBLIC OF THE UNION OF MYANMAR:
(Sgd.) HERMINIO B. COLOMA, JR. Secretary  Presidential Communications Operations Office Entry into Force: December 5, 2013	(Sgd.) YE HTUT Deputy Minister for Information