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March 18, 2013
MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF SCIENCE AND TECHNOLOGY INFORMATION AND COMMUNICATIONS TECHNOLOGY OFFICE OF THE REPUBLIC OF THE PHILIPPINES AND THE STATE SECRETARIAT FOR TELECOMMUNICATIONS AND THE INFORMATION SOCIETY OF THE MINISTRY OF INDUSTRY, ENERGY AND TOURISM OF THE KINGDOM OF SPAIN WITH REGARD TO THE COOPERATION IN THE FIELD OF INFORMATION AND COMMUNICATIONS TECHNOLOGY
The Department of Science and Technology-Information and Communications Technology Office (DOST-ICTO) of the Republic of the Philippines and the State Secretariat for Telecommunications and Information Society of the Ministry of Industry, Energy and Tourism of the Kingdom of Spain (hereinafter referred to as the "Participants").
CONSIDERING that the development of Information and Communications Technology (ICT) is a major factor in the promotion and advancement of commerce as well as the social and economic development of each country;
RECOGNIZING the importance of development in the various areas of ICT in the conduct of international commerce and technical cooperation;
RECOGNIZING the necessity of mutual cooperation for the development of new and emerging and updated information and communication services, the promotion and increase of internet usage, the conduct of e-commerce and software development, exchange of information knowledge and technologies and in improving the quality and range of services for their consumers through an enabling legal and regulatory environment;
GUIDED by the mutual benefit and interest of both Participants in encouraging and supporting partnerships, commercial ventures, research and development in all aspects of ICT such as but not limited to e-commerce, e-government, e-knowledge, e-education, e-health, green ICT and in the information and telecommunications technologies and services;
HOPING to promote reciprocal investment cooperation, technical development and the expansion of markets in the information and communications technologies (ICT) sector; and
DESIRING to enhance cooperative relations in the international area and information society,
Have reached the following Memorandum of Understanding {hereinafter referred to as the "MOU"):
I
Basic Principle
The purpose of this MOU is to encourage and strengthen cooperation, and to accelerate development, enhancement, and integration in the field of ICT between Participants pursuant with the relevant laws and regulations of each country and this Understanding, and on the basis of equality, reciprocity and mutual benefits.
The Participants will encourage the development of cooperation and exchanges of experiences and best practices between business, research & development, educational institutions, government policy and regulatory agencies and other organizations.
II
Scope of Cooperation
Recognizing the rapid change in the various fields of ICT, the Participants have identified the following areas of common interest for cooperation:
- Information and communications technology policies and regulations, particularly promotion of effective and efficient management of spectrum;
- Technical standards and certifications;
- Promoting a safe, secure, and trusted on-line environment for the provision of effective, efficient, and equitable public services (e-commerce and e-government activities);
- Cooperation to promote and enhance cyber security strategies/programs and counteract illegal cyber activities, including the protection of vulnerable groups, especially
children; - Capacity building on Information and Communications Technology and digital multimedia applications and services;
- Internet applications such as e-health, and e-education, etc.;
- Development and promotion of green growth, such as reduction of carbon footprint in the ICT industry, and use of ICT to mitigate effects of climate change;
- Advocacy and awareness on the role of ICT to further develop disaster risk reduction and management programs;
- Bridging digital divide by promoting, and sharing best practices and experiences resulting to non-discriminatory, transparent, and reasonable environment towards the realization of universal access to both fixed and mobile broadband, particularly in the rural/underserved/unserved areas;
- Linkage between and among ICT-related institutions, in the government and the private sector for collaborative programs;
- Other areas of information technology and communications as mutually agreed upon by both Sides.
III
Cooperative Activities
Cooperative activities will take the following farms:
- Cooperation in the fields of ICT policies and technologies;
- Formulation and facilitation of joint ICT projects;
- Exchange of experts, professionals, delegations and visits;
- Encouragement of liaison with other government agencies, industrial academic and professional organizations to promote the areas of interest and cooperation:
- Joint holding of technical exhibitions, seminars and symposia;
- Any other forms of cooperation agreed upon by the Participants.
IV
ICT Cooperative Committee
- In order to coordinate cooperative activities, each Participant will appoint a representative to be responsible for determining the particular directions of cooperation, organizing the ICT cooperative committee and for ensuring the effectiveness of all cooperation and exchange activities.
- The Participants will establish an ICT cooperative committee (hereinafter referred to as "the Committee") to review the progress of cooperative activities under this MOU and to discuss other issues relating to this MOU. The Committee will be composed of representatives designated by the Participants and will meet according to a schedule agreed by the Participants.
- The composition of and key deliverables for the Committee will be agreed by the Participants before each meeting of the Committee.
V
Legal Framework and Funding
- All cooperative activities under Articles 2, 3, and 4 of this MOU will be conducted in accordance with the applicable laws and regulations of each country, and respect of Intellectual Property Rights established by international bodies (WTO-TRIPS). The compromises foreseen in this MOU and assumed by the Participants do not produce obligations in the scope of the International Law, and are not legally binding.
- The expenses of the cooperation activities, explained in the paragraphs 2, 3, and 4 of this MOU will be assumed by the Participants in the framework of the current legislation and they will be determined by the annual budget availability.
VI
Release of Information
Neither Participant will disclose nor distribute to any third party any confidential information transmitted by the other Participant in the process of cooperative activities under this MOU, except and to the extent authorized in writing to do so by the other Participant.
VII
Amendments
This MOU may be amended by the mutual written consent of the Participants.
VIII
Dispute Settlement
Any dispute between the Participants concerning the interpretation and/or implementation of this MOU will be settled amicably through the proper consultations between the Participants.
IX
Validity
- This MOU will come into effect on the date of its signature and will remain in force for a period of five (5) years thereafter unless terminated by either Participant giving six (6) months prior notice in writing to the other Participant.
- The termination of this MOU will not affect cooperative activities under Articles 2 and 3 that are already in progress.
Signed in Manila in two original copies, each in English, and in Spanish languages on 18 March 2013, having both Participants a copy in each language.
Department of Science and Technology
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The State Secretariat for Telecommunications and Information Society of the Ministry of Industry, Energy and Tourism of the Kingdom of Spain (Sgd.) Jorge Domecq Fernandez de Bobadilla Ambassador of Spain to the Philippines |