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November 20, 2018
MEMORANDUM OF UNDERSTANDING ON SUPPORTING THE FEASIBILITY STUDY OF MAJOR PROJECTS BETWEEN THE DEPARTMENT OF FINANCE OF THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE CHINA INTERNATIONAL DEVELOPMENT COOPERATION AGENCY OF THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA
To further strengthen the cooperation between the Republic of the Philippines and the People's Republic of China , and promote economic and social development of the Philippines through the implementation of major projects, Department of Finance of the Republic of the Philippines (hereinafter "the Philippine Side'') and China International Development Cooperation Agency of the People's Republic of China (hereinafter "the Chinese Side" ), jointly referred to as "both Parties", through friendly negotiation, have reached the following agreement: Article I The Chinese Side agrees to provide support for the feasibility study of Major Projects proposed by the Philippine Side and as mutually agreed by both Parties. The feasibility study mainly includes the dispatch of experts and consultants with technical expertise to investigate, study , provide guidance on the projects , and furnish the feasibility study report to the Philippine Side . "Major Projects" shall refer to projects with a certain scale that would be advantageous to the Philippines' economic and social stability, and contribute to a mutually beneficial and long-term partnership between the Philippines and China. The Parties agree to support infrastructure and other projects that may be identified , which are prioritized by the Philippine Government. The costs incurred for the feasibility study will be mainly funded by a grant extended by the Chinese Government to the Philippine Government. Article II The Parties agree to pursue specific cooperation on grant aid according to the following processes based on the general regulations and procedure of both Parties:
Article III ln principle , the intellectual property rights of the feasibility study report are owned by both Parties and shall not be disclosed to a third party. Given that the feasibility study report is one of the basic documents for the financing of Major Projects , the Chinese Side agrees that the Philippine Side may disclose the relevant relevant reports to a third party solely for negotiations on the financing of specific projects. If the Philippine Side seeks financial support from foreign governments or institutions, the Philippine Side shall give priority to Chinese institutions under the same conditions subject relevant laws, rules and regulations. Both Parties agree that the Chinese organization/company that will conduct the feasibility study shall be disqualified from participating in future project biddings ensuing from the results of such study. Both Parties agree that the provision of feasibility study does not necessarily bind or obligate the Chinese government to finance any Major Project resulting from the feasibility study nor does it mean that the Philippine Government seeks or accepts the financing from the Chinese Government. Based on this understanding, the Parties may conduct further discussions regarding the potential financing of the Major Projects and promote cooperation between relevant departments or agencies of the Philippines and China. Article IV This MOU is a bilateral cooperation agreement between the departments of the two Governments. The signing and termination of the MOU shall not affect the implementation of relevant projects which have already been agreed upon by the two (2) Governments. The implementation of those projects will be continued based on the respective agreements. The MOU may be terminated at any time by either Party upon giving three (3) months prior written notice to the other Party. However, the termination of this MOU will not affect or prejudice the validity or duration of the specific agreements, projects, and activities under this MOU and any other right or claim which any of the Parties may have against the other under this MOU or any other agreement entered into by both Parties. Upon termination of this MOU, China shall have the right to refuse to accept the application submitted by the Philippine Side. Article V The MOU shall become effective upon signing by the authorized signatory of both Parties. The Parties may amend and supplement this MOU through mutual written consent by authorized persons , as required. Any amendments and supplements shall be considered as part of this MOU . Done in duplicate in Manila on November 20, 2018 in Chinese and English languages, each side keeping one original , the two texts being equally authentic.
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