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July 16, 2003

THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES, REPRESENTED HEREIN BY THE BUREAU OF FISHERIES AND AQUATIC RESOURCES (BFAR) AND THE GOVERNMENT OF THE REPUBLIC OF PERU, REPRESENTED HEREIN BY THE INSTITUTO DEL MAR DEL PERU (IMARPE), HEREINAFTER REFERRED TO AS THE "CONTRACTING PARTIES",

DESIRING to strengthen the existing friendly relations between the two countries through scientific and education cooperation;

WISHING to maintain and promote channels of cooperation and communication that permit the exchange of academic and scientific knowledge;

HAVE AGREED AS FOLLOWS:

ARTICLE I
GENERAL PROVISION

The Contracting Parties, consistent with the existing laws, rules and regulations prevailing in their respective jurisdictions, shall promote the development of basic scientific and applied research in order to attain advanced research in ocean science and to gain a more fundamental understanding of the oceans for the benefit of humanity.

ARTICLE II
AREAS OF COOPERATION

Cooperation shall be effected, inter alia, through the exchange of researchers and scientists, exchange of scholars for lectures, talks, conferences, colloquia, symposia and sharing of experiences, exchange of scientific information in the fields of mutual interest, implementation of cooperative research programs, by making facilities and equipment (including research vessels) of one Party available to researchers of the other Party, encouraging direct contact between researchers and permitting other forms of research cooperation by mutual agreement.

Cooperation shall include, but not be limited to, El Nino research and forecasting, chemical, physical and biological oceanography research, oceanic fish population dynamics and behavior, population genetics research of migratory fish species, dynamics of fish aggregating devices and habitat enhancement structures, development of the fish meal industry and those to be undertaken in the future in areas of common interest as may be mutually agreed upon by both Parties.

ARTICLE III
JOINT COMMITTEE

1. To ensure the implementation of this Agreement, the Parties shall establish a Joint Committee composed of an equal number of representatives from both sides as may be agreed upon through diplomatic channels. The lead coordinating agencies shall be, as follows:

For the Republic of the Philippines, the Bureau of Fisheries and Aquatic Resources and the Department of Foreign Affairs;

For the Republic of Peru, the Institute del Mar del Peru.

2. The Joint Committee shall formulate and submit policy recommendations with the end in view of promoting the development of scientific and education cooperation in fisheries of both countries. It shall also be responsible for planning, implementing, monitoring and evaluating projects identified under this Agreement in coordination with concerned agencies.

3. As may be necessary, the Joint Committee may create a Joint Fisheries Working Group composed of counterparts/representatives from each Contracting Party, to facilitate cooperation, provide guidance, identify specific activities that will lead to the implementation of this Agreement, and review the progress of such activities. For this purpose and in order to ensure efficiency, the Joint Committee shall determine the procedure and other guidelines to be followed by the "Working Group".

4. The Joint Committee may invite representatives from other concerned government agencies to participate in meetings of the Joint Fisheries Working Group.

5. Each Contracting Party shall designate their respective Coordinators who shall be responsible for coordinating and monitoring all activities carried out under the auspices of this Agreement.

6. The Joint Committee shall meet every two (2) years, alternately in the Philippines and Peru, with a representative from the host country as chairperson of the meeting. Whenever necessary, an interim meeting may be held subject to agreement between the Parties, through diplomatic channels.

7. The agenda of the meeting shall include the drafting of the working plans and a review of the progress of the implementation of projects undertaken pursuant to this Agreement.

ARTICLE IV
CONFIDENTIALITY/INTELLECTUAL PROPERTY RIGHTS

The Parties shall ensure that the scientific and educational data and information mutually provided and developed, including the results of joint research carried out under this Agreement, shall not be transferred or supplied to a Third Party without the prior written consent of the other Party.

Matters pertaining to intellectual property rights that may arise from an activity undertaken under this Agreement shall be determined and agreed upon by the Parties prior to or in the course of the activity's implementation.

ARTICLE V
EXPENSES AND OTHER FORMS OF ASSISTANCE

1. The sending country shall be responsible for international travel and related costs of the members of its delegation from its port of departure to the port of entry in the receiving country. The receiving country shall be responsible for local expenses including inland transportation costs, board and lodging, and emergency medical treatment of the members of the visiting delegation for the duration of the official mission in its territory.

2. The requesting Party shall shoulder the cost of postage and freight of materials/documents being requested.

3. Each Party shall endeavor to provide the necessary assistance to researchers, scientists, and scholars sent by the other Party under this Agreement to accomplish their mission. They shall observe the laws and regulations in force in the host country.

4. The foregoing provision shall not limit the right of either Party to adopt or execute measures necessary to uphold public health, morals, public order or security.

ARTICLE VI
DISPUTE SETTLEMENT

Any dispute arising out of the interpretation, application, or implementation of this Agreement shall be settled amicably by consultation or negotiation, through diplomatic channels, between the Parties.

ARTICLE VII
ENTRY INTO FORCE

This Agreement shall enter into force on the date of the later written notification by the Parties, through diplomatic channels, indicating compliance with their respective internal requirements for its entry into force.

ARTICLE VIII
AMENDMENT

Either Party may request in writing, through diplomatic channels, a revision or amendment of this Agreement. Any revision or amendment agreed upon by the Parties shall become effective in accordance with the foregoing Article.

ARTICLE IX
VALIDITY / TERMINATION

This Agreement shall be valid for a period of five (5) years and shall be automatically renewed for similar period(s) unless sooner terminated by written notice, through diplomatic channels, at least six (6) months prior to the intended date of termination. The termination of this Agreement is without prejudice to the completion of on-going projects.

DONE in the City of Pasay, Metro Manila, on this 16th day of July 2003, in the English and Spanish languages, both texts being equally authentic. In case of divergence in interpretation the English text shall prevail.