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September 01, 2004

The Department of Agriculture of the Republic of the Philippines and the Ministry of Agriculture of the People's Republic of China (hereinafter referred to as the Parties),

Considering the common desire to strengthen the friendly relations existing between the two countries;

Recognizing that fisheries cooperation will contribute to the common interest of fisheries and the economic development of the two countries,

Considering the principles of the United Nations Convention on the Law of the Sea of 1982,

Desiring to establish a framework within which their mutual fisheries cooperation will be smoothly conducted, and contribute to the friendly relations between the two countries through fisheries cooperation,

Have, through consultation, reached the following agreement:

ARTICLE 1

1. In order to implement this Memorandum of Understanding, the Philippines-China Fisheries Cooperation Joint Commission (hereinafter referred to as the Joint Commission) shall be established.

2. The Joint Commission shall decide its own working procedures and organizational structure.

3. The Joint Commission shall hold meetings on request, the venue of which shall alternate between the Parties.

ARTICLE 2

The Parties shall undertake fisheries cooperation as determined by the Joint Commission.

ARTICLE 3

1. This Memorandum of Understanding shall enter into force on the date of the later notification in writing by the Parties, through diplomatic channels, indicating completion of the domestic legal requirements for its entry into force. The Memorandum of Understanding shall be in force for 5 years and shall be automatically renewed for another period of 5 years thereafter, unless either Party notifies the other in writing of its intention to terminate this Memorandum of Understanding at least six months prior to the date of expiration.

2. Unless it is otherwise agreed, the termination of this Memorandum of Understanding shall not affect the implementation of any cooperative project identified by both Parties prior to the termination of this Memorandum of Understanding.

Done in Beijing, China on this 1st day of September, 2004 in duplicates in both English and Chinese languages, both texts being equally authentic.