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April 27, 2005

STRENGTHENING the good relationship and mutual understanding between maritime agencies of China and the Philippines;

ACKNOWLEDGING the common interest in establishing a lasting framework for maritime cooperation;

IN THE SPIRIT of laying solid foundations for lasting cooperation in the maritime sector;

Pursuant to the principles under Joint Communique of the Government of the People's Republic of China and the Government of the Republic of the Philippines signed in Beijing on June 9, 1975 when establishing diplomatic relations between the two countries.

HAVE AGREED AS FOLLOWS:

ARTICLE I
OBJECTIVE

On the basis of equality, mutual benefit and reciprocity, the Parties shall cooperate in the maritime sector within their respective purview and in accordance with their respective applicable national laws and regulations, and where applicable, international treaties and conventions to which the Parties are signatories.

ARTICLE II
AREAS OF COOPERATION

The Parties shall promote the following areas for cooperation:

1. MARITIME SAFETY. The Parties shall cooperate in the implementation within the framework of relevant International Maritime Organization (IMO) conventions on safety of navigation at sea, and search and rescue at sea, with the assistance of other maritime agencies in both countries.

2. MARINE ENVIRONMENTAL PROTECTION AGAINST POLLUTION. The Parties shall undertake cooperation within the IMO framework on the management of ship's ballast water and marine environmental protection against pollution from ships.

3. PORT STATE CONTROL. The Parties shall undertake closer cooperation on port state control, in line with the amended Tokyo Memorandum of Understanding on Port State Control in the Asia-Pacific Region, in so far as the respective Parties are parties thereto.

4. HUMAN RESOURCES DEVELOPMENT. The Parties shall cooperate in personnel-exchange; mutual visits, holding of workshops or seminars on subjects of common interest in the maritime sector. Subjects may cover, but not limited to, the following areas

a) Traffic Separation Scheme or Routing Scheme, VTS, AIS, ENC, Aids to Navigation

b) Techniques and equipment on Maritime search and rescue

c) Port State Control

d) Precautions for oil pollution at sea and responses

e) Management on ship's ballast water

f) Implementation of relevant International Maritime Organization (IMO) conventions on seafarers

g) Marine scientific research and experimentation in relation to marine environment protection.

5. INFORMATION EXCHANGE. The Parties shall cooperate in the exchange of information on maritime development. The information may cover, but not limited to, the following areas:

a) Policies and views while attending meetings by international or regional organizations such as IMO, IALA, Tokyo MOU;

b) Formulation or amendment on their respective national laws and regulations;

c) Special measures on navigation management and pollution prevention from ships;

d) Regulations on seafarers going ashore; and

e) Notification and investigation on maritime accidents.

f) Activities and studies related to marine scientific research and experimentation in relation to marine environment protection.

6. OTHER AREAS OF COOPERATION. The Parties shall, with mutual consent, also cooperate in any other areas of the maritime sector.

ARTICLE III
IMPLEMENTATION

1. Philippine Coast Guard under the Department of Transportation and Communications of the Republic of the Philippines and China Maritime Safety Administration under the Ministry of Communications of the People's Republic of China shall be the agencies responsible for the identification, coordination, implementation and monitoring of projects and activities conducted pursuant to this Memorandum of Understanding.

2. Working groups or ad-hoc expert task forces may be formed, as appropriate, to expedite the implementation of specific areas of cooperation under this Memorandum of Understanding.

3. The specific tasks, obligations and conditions relating to the cooperative activities under this Memorandum of Understanding, including the responsibility for cost payment, shall be discussed and agreed to by the relevant Parties prior to the implementation of such activities, and be subject to the availability of funds and technical personnel of the Parties.

ARTICLE IV
AMENDMENT

A Party may request in writing any amendment of all or any part of this Memorandum of Understanding. Such amendment shall be mutually agreed upon in written form by the Parties and shall form an integral part of this Memorandum of Understanding. Such amendment shall enter into force on such date as agreed upon in writing by the Parties.

ARTICLE V
INTERPRETATION AND SETTLEMENT

Interpretation and settlement of the provisions of this Memorandum of Understanding shall be on the basis of common understanding. Any differences arising out of the interpretation and implementation shall be settled amicably through consultation between the two Parties.

ARTICLE VI
EFFECTIVITY AND TERMINATION

1 This Memorandum of Understanding shall take effect on the date of signature and remain in force unless either Party provides thirty (30) days' advance notice in writing to the other Party of its intention for the termination.

2 For purposes of the termination of this Memorandum of Understanding, official notification shall be communicated to the Department of Transportation and Communications of the Republic of the Philippines or the Ministry of Communications of the People's Republic of China.

3 The termination of this Memorandum of Understanding shall not affect any project or activity already undertaken under this Memorandum of Understanding, which has not been completed, unless the Parties agree otherwise in writing.

IN WITNESS WHEREOF, the undersigned, duly authorized by the respective Governments of the Republic of the Philippines and the People's Republic of China, have signed this Memorandum of Understanding.

DONE in duplicate at Manila, Philippines on this 27th day of April 2005, in the English and Chinese languages. Both texts are equally authentic. In case of any discrepancy in interpretation, the English text shall prevail.