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July 14, 2003

The GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES and THE GOVERNMENT OF AUSTRALIA (hereinafter referred to as the "Parties");

Recognizing that rapid globalization has paved the way for the increase in incidence and magnitude of transnational crime;

Cognizant of the growing sophistication of transnational crime and its serious threats to the national security and interests of both states;

Recalling the instruments concluded by both the Governments of the Republic of the Philippines and Australia on combating international terrorism, child sexual abuse and other serious crimes, extradition, and mutual legal assistance;

Conscious of the need to have a concerted, synchronized, and focused effort between the law enforcement agencies of both countries;

Desirous of strengthening law enforcement cooperation between the two countries, and to combat transnational crimes more effectively;

On the basis of mutual respect for sovereignty, equality and mutual benefit;

Have reached the following understanding:

I. AREAS OF COOPERATION

As provided for in this Memorandum of Understanding and in compliance with relevant international treaties, subject to their respective domestic laws, the parties will cooperate in the prevention and investigation of transnational crimes, including:

a. terrorism in all its forms;

b. illicit drug trafficking;

c. money laundering, financial crimes and other economic crimes;

d. trafficking in persons and human smuggling;

e. identity fraud;

f. counterfeiting of currency and negotiable securities/instruments;

g. piracy in the high seas;

h. illegal trafficking in weapons, ammunition, explosives, and toxic and environmentally destructive and radioactive materials;

i. illegal acquisition, import or export of cultural and historical treasures;

j. violation of intellectual property rights;

k. cyber crimes; and

l. any other forms of transnational crime as may be mutually determined by the Parties.

II. FORMS OF COOPERATION

1. The cooperation between the Parties, referred to in Paragraph 1, may take the following forms:

a. intelligence exchange of information and personnel;

b. provision of information on cases under investigation and/or pending in court;

c. search for and provision of assistance for persons who are reported missing, and timely repatriation of persons who are evading criminal investigation, prosecution, trial or execution of a sentence in accordance with their respective domestic laws and existing bilateral instruments and on the basis of mutual respect for sovereignty, equality and mutual benefit;

d. exchange of public records and documents; and

e. exchange of relevant knowledge and expertise.

2. Under this Memorandum of Understanding, the Parties will undertake relevant cooperation in law enforcement technology, equipment and personnel training and other capacity building measures, as may be mutually determined between them.

3. This Memorandum of Understanding will not change the arrangements between the Parties for formal mutual legal assistance under the Treaty Between Australia and the Republic of the Philippines on Mutual Assistance in Criminal Matters 1993 or the Treaty on Extradition Between Australia and the Republic of the Philippines of 1990, will not prevent the Parties from developing other mutually acceptable forms of cooperation and will not affect cooperation involving other law enforcement agencies.

III PROCEDURE

The procedure governing the cooperation, referred to in Paragraph 1, will be as follows:

1. Requests for cooperation will be coursed through:

a. for the Republic of the Philippines, the Secretary of Interior and Local Government or his duly designated representative.

b. for Australia, the Minister for Justice and Customs or his duly designated representative.

2. Requests will be submitted formally in writing, including through mail, fax, or other electronic means of communications.

3. Requests will include the following information:

a. name of the law enforcement agency conducting the investigation or within whose jurisdiction the matter lies;

b. subject and nature of the investigation to which the request for cooperation is being sought;

c. description of the type of information or other cooperation being sought;

d. purpose for which the information or other cooperation .is being requested; and

e. date by which the information is desired.

The requested Party will inform in writing the requesting Party of the outcome of the request.

IV. CONTACT POINTS AND LIAISON

The Philippine Center on Transnational Crime will serve as communication cum liaison center for the government of the Republic of the Philippines and the Australian Federal Police for the government of Australia. As contact points, they will coordinate, collaborate and facilitate the exchange of information between the Parties and their respective national law enforcement institutions.

V. CONFIDENTIALITY

All information and documents to be exchanged pursuant to this Memorandum of Understanding will be kept confidential by the Parties and will be used only subject to such terms as each Party may specify. The Parties will not use the information for purposes other than that specified without the prior written consent of the other Party.

VI. DENIAL OR DEFERMENT OF REQUEST

1. The requested Party may deny a request if:

a. the request is not submitted in conformity with the provisions of this Memorandum of Understanding;

b. compliance with the request is contrary to its domestic laws.

2. The requested Party may defer compliance if the implementation of the request would interfere with its own investigation or with judicial proceedings.

3. In case of refusal or deferment of cooperation, the requested Party will:

a. promptly inform the requesting Party of the reason for refusal or deferment;

b. consult with the requesting Party to determine whether cooperation is possible on other mutually acceptable terms.

VII. COOPERATION MECHANISM

1. In accordance with the laws of their respective countries, the competent authorities of the Parties will formulate and develop mechanisms and arrangements for the implementation of this Memorandum of Understanding.

2. The competent authorities of the Parties will be:

a. for the Republic of the Philippines, the Department of Interior and Local Government; and

b. for Australia, the Australian Federal Police.

3. The Parties will meet in the place and on the date mutually determined by the Parties communicated through diplomatic channels. The venue of the said meetings will alternate between the Republic of the Philippines and Australia.

VIII. FUNDING

In order for this MOU to be appropriately implemented, either party may request assistance from the other party using best efforts to fund mutually arranged activities and cooperation.

IX. RESOLUTION OF DISPUTES

Disputes concerning the implementation or interpretation of this Memorandum of Understanding will be resolved through diplomatic consultation between the Parties.

X. COMMENCEMENT, AMENDMENT, VALIDITY AND TERMINATION

1. This Memorandum of Understanding will come into effect on the date of the latter written notification by the Parties, through diplomatic channels, indicating compliance with their respective legal requirements.

2. The commencement of this Memorandum of Understanding will not, however, render inoperative previous arrangements particularly on intelligence exchanges on terrorism, among others.

3. Any amendment to or revision of the text of this Memorandum of Understanding will be in writing and will be done by the mutual consent of the Parties. The amendment or revision will come into effect in accordance with sub-paragraph 1.

4. This Memorandum of Understanding will remain in effect until either of the Parties notifies the other Party in writing, through diplomatic channels, of its intention to terminate the same. The notice of termination will become effective six (6) months after the date thereof.

5. The termination of this Memorandum of Understanding will not adversely affect any valid or subsisting arrangement concluded or entered into pursuant to the same.

Signed in Manila this 14th day of July 2003, in duplicates in the English language.