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July 30, 2003


MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND ON HEALTHCARE COOPERATION

The Government of the Republic of the Philippines and the Government of the United Kingdom of Great Britain and Northern Ireland, hereinafter referred to as the Contracting Parties;

DESIRING to enhance their bilateral relations in respect of healthcare policy;

RECOGNIZING the importance of exchanging knowledge and expertise between the Contracting Parties through cooperation on health care;

Further RECOGNIZING that professional staff recruited from the Philippines to the National Health Service (NHS) employment in the UK have an opportunity to enhance their skills and explore best practice.

HEREBY AGREE AS FOLLOWS:

ARTICLE 1

The Contracting Parties shall endeavor to cooperate in the development of the delivery of health care through the recruitment in the Philippines and employment of Filipino nurses and other healthcare professionals in the United Kingdom of Great Britain and Northern Ireland, in accordance with their respective existing national laws and regulations. Under this Memorandum of Understanding, other healthcare professionals shall refer to physiotherapists, radiographers, occupational therapists, bio-medical scientists and other allied health professions that are presently regulated by appropriate professional bodies in both countries.

ARTICLE 2

For the purpose of this Memorandum of Understanding, the Implementing Agencies for the Republic of the Philippines shall be the Department of Labor and Employment and the Department of Health. For the United Kingdom of Great Britain and Northern Ireland, the

Implementing Agency shall be the Department of Health.

ARTICLE 3

The Contracting Parties shall undertake a recruitment project, hereinafter referred to as the "Project", between the respective implementing agencies.

The Project shall be carried out as follows:

• To continue the recruitment project with a view to sustainable recruitment and employment of nurses and other healthcare professionals from the Philippines;

• To intensify bilateral exchanges of policy thinking with regard to nursing workforce development and best practice in the delivery of healthcare;

• To involve professional staff and healthcare managers in the Project, particularly in relation to education and training of Filipino nurses and other healthcare professionals, with a view for a Mutual Recognition Arrangement in nursing and other healthcare professions between the Parties; and

• To draw up an action agenda to implement the Project, especially with respect to addressing any gaps in the entire process of recruitment of nurses and other healthcare professionals.

ARTICLE 4

Any dispute between the Contracting Parties arising out of the interpretation or implementation of this Memorandum of Understanding shall be settled by consultations or negotiations.

ARTICLE 5

Any amendment or revision to the text of this Memorandum of Understanding shall be done by mutual consent of the Contracting Parties. These amendments or revisions shall enter into force in accordance with the provision on entry into force.

ARTICLE 6

This Memorandum of Understanding shall enter into force on the date of the later written notification by the Parties, through diplomatic channels, indicating that the domestic requirements for its entry into force have been complied with.

FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE
REPUBLIC OF THE PHILIPPINES UNITED KINGDOM OF GREAT
  BRITAIN AND NORTHERN IRELAND
   
(Sgd.) H.E. CESAR B. BAUTISTA (Sgd.) SARAH MULLALY
Philippine Ambassador to the Chief Nursing Officer for the Department
Court of St. James's of Health
   
Date: 30 July 2003 Date: 30-07-03

MALACAÑAN PALACE
MANILA

INSTRUMENT OF RATIFICATION

TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETINGS:

KNOW YE, that whereas, the Memorandum of Understanding (MOU) between the Government of the Republic of the Philippines and the Government of the United Kingdom of Great Britain and Northern Ireland on Healthcare Cooperation, was signed in London on 30 July 2003;

WHEREAS, the MOU, consisting of six (6) Articles, provides for the recruitment in the Philippines and employment of Filipino nurses and other healthcare professionals in the United Kingdom of Great Britain and Northern Ireland;

WHEREAS, under the MOU, the Contracting Parties shall undertake a Recruitment Project with a view to intensify bilateral exchanges with regard to nursing workforce development and best practices in the delivery of healthcare. Professional staff and healthcare managers shall be involved in the Project, particularly in the education and training of Filipino nurses and other healthcare professionals with a view towards a mutual recognition arrangement for nurses and other healthcare professionals;

WHEREAS, an action agenda shall be drawn up to implement the Project, especially with respect to addressing any gaps in the entire process of recruitment of nurses and other healthcare professionals;

WHEREAS, the MOU designates the Department of Labor and Employment (DOLE) and the Department of Health (DOH) of the Philippines and the Department of Health of the United Kingdom of Great Britain and Northern Ireland as implementing agencies;

WHEREAS, the MOU is not one of the treaties and international agreements contemplated in Section 21, Article VII of the 1987 Constitution which requires the concurrence of the Senate, but an executive agreement which can be validly entered into by H.E. The President in the exercise of her treaty-making powers;

WHEREAS, Article 6 of the MOU provides that it shall "enter into force on the date of the later notification by the Parties, through diplomatic channels, indicating that the domestic requirements for its entry into force have been complied with".

NOW, THEREFORE, be it known that I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, after having seen and considered the aforementioned Memorandum of Understanding between the Government of the Republic of the Philippines and the Government of the United Kingdom of Great Britain and Northern Ireland on Healthcare Cooperation, do hereby ratify and confirm the same and each and every Article and Clause thereof.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed.

GIVEN under my hand at the City of Manila, this 9th day of March in the year of Our Lord two thousand and four.

BY THE PRESIDENT:

(Sgd.) RAFAEL E. SEGUIS
Acting Secretary of Foreign Affairs

Entry into Force: January 6, 2006



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