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May 18, 2003

WHEREAS the Philippine Foreign Service, while pursuing the foreign policy objectives of government in the context of the country's National Interest, and with the principles of National Sovereignty, National Security, Territorial Integrity, and Economic Development, as paramount considerations in the conduct of its foreign relations, is equally mandated to provide consular assistance to distressed Filipino nationals abroad -regardless of sex, age, religious belief, or whether documented or undocumented;

WHEREAS there are about six (6) to eight (8) million overseas Filipinos scattered worldwide, with about 2 million residing or working in the United States;

WHEREAS the protective mantle of the Philippine Government over its people is extended over the entire surface of the globe, in general, and the United States of America, in particular, through the various Consular Posts and Labor Attaches;

WHEREAS there are currently about eight (8) Philippine Consulate Generals and Consulate and four (4) Honorary Consulates in the United States of America that have the primary task of providing assistance to distressed Filipino nationals in their respective consular districts. The Consulate and Consulate Generals are based in the following locations: Washington DC, New York, Chicago, San Francisco, Los Angeles, Honolulu, and Saipan. The Honorary Consulates are based in Atlanta, New Orleans, and Houston, and Miami. On the other hand, there is only one Labor Attache Office in the whole of the United States tasked to safeguard the rights and welfare of Filipino contract workers in the country;

WHEREAS the ability of all the Philippine Consular Posts and Labor Attache to provide assistance to distressed Filipino nationals in the US is constrained to a large degree by the lack of resources;

WHEREAS the mandate of the Philippine Foreign Service Posts in the US to provide assistance to distressed Filipino nationals is further circumscribed by certain principles of international law, bilateral treaties, and multilateral conventions. Specifically, the Vienna Convention on Consular Relations provides:

"ARTICLE 55
"RESPECT FOR THE LAWS AND REGULATIONS OF THE RECEIVING STATE

"1. Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving state. They also have a duty not to interfere in the internal affairs of that state.

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WHEREAS due to these limitations, the protective consular functions of Government could be supplemented and enhanced by the positive participation and involvement of locally-based community organizations, especially noting that there are activities which could be done more appropriately and effectively by non-governmental organizations or other local civic organizations rather than by Government without violating the domestic laws of the Receiving State;

WHEREAS there are Filipino-American organizations such as the National Federation of Filipino American Associations (NaFFAA) whose organizational objective or interest aside from promoting Philippine culture and heritage as well as Filipino-American interests in the US, is to provide help to their state of origin and its peoples;

NOW THEREFORE, for and in consideration of these premises, the Parties to this Understanding hereby agree to collaborate with each other in the task of providing assistance to distressed Filipino nationals and guided by the following framework:

1. Definition of Terms

1.1. Filipino Nationals - refer to Filipino citizens as defined under the Philippine Constitution, laws, and regulations.

1.2. Philippine Consular Posts - refer to the different Philippine Consulate General, Consulate, Consular Section, and Honorary Consulate General Consulate in the US.

1.3. Filipino-American Community Organizations - refer to any Filipino-American community, professional, or cause-oriented organization whether for profit or non-profit and registered under the laws of the Host country, which has for its objective, among others, the protection of the rights and interests of Filipinos in the US, and is a party or signatory to this Understanding.

1.4. Consular District - refer to the specified areas or States under the consular jurisdiction of a particular Philippine Consular Post as provided for under the regulations of the Department of Foreign Affairs.

1.5. Labor Attache - refer to the Office of the Labor Attache including the Welfare Officer from the Office of Worker's Welfare Administration OWWA.

2. Role of Consular Posts

2.1. Protective assistance to nationals as a primary task. Providing protective consular assistance to distressed Filipino nationals is the most sacred and noble attribution of Consuls. Consular assistance is primarily a task of Consular Posts. The function of Philippine Consular Posts in providing protective consular assistance to distressed Filipino nationals is mandated under several domestic legislations of the Philippines, which includes, among others, Republic Act 8042 and Executive Order 292.

2.2. Standards for involvement. In determining the appropriateness of providing protective consular assistance to Filipino nationals, Consular Posts shall be guided by the following standards by which the treatment of its nationals in the US are to be assessed:

2.2.1. National Treatment Standard - Filipino nationals who have decided to reside or work abroad within the territory and under the protection of the sovereignty of a country other than his own are to be considered to have cast their lots with the citizens of that state. As such, a Filipino national must be accorded treatment at least equal to that of the citizens of the host country. Accordingly, they are not entitled to a higher standard of protection than local inhabitants.

2.2.2. Minimum International Standard - Filipino aliens are to be treated by governments of the Receiving States in accordance with minimum international standards.

2.2.3. Human Rights Standards - All members of the United Nations are legally bound to observe and respect human rights and fundamental freedoms that are spelled out in Article 55 and 56 of the United Nations Charter as well as other related multilateral conventions. These fundamental freedoms include life, liberty, human dignity, and right to property.

2.3. Limitations on the protective consular functions: Involvement v. Interference. Protective consular assistance is subject to domestic and international laws specifically Article 55 of the Vienna Convention on Consular Relations as well as the customary international law principle of sovereign equality of states. Nonetheless, while Consular Posts could not interfere with the internal affairs of the Receiving State, it could involve itself in providing protective consular protection to distressed Filipino nationals by employing ways and means, which are deemed necessary and useful to accomplish this end.

2.4. Various Consular Tasks. As may be appropriate in particular cases and to the extent permitted by its limited resources, any or either of the following may be employed by Consular Posts to assist distressed Filipino nationals:

2.4.1. Give advice to Filipino nationals in their dealings with local authorities;

2.4.2. Provide a list of lawyers for persons requiring legal aid;

2.4.3. Uphold the rights and interests of Filipino nationals assured them by treaties or established international usage so that their treatment would not be less favorable that that accorded to nationals of the receiving state or of the most-favored third State;

2.4.4. Intervene in judicial proceedings only if a prima-facie miscarriage or denial of justice exists;

2.4.5. Arrange for next of kin to be informed of an accident, death, or arrest and advise them on procedures;

2.4.6. Contact Filipino nationals who are arrested or in prison, and in certain circumstances arrange for messages to be sent to relatives or friends;

2.4.7. Facilitate the repatriation of destitute nationals, preference being given to the sick, the elderly, the handicapped, women, and children;

2.4.8. Refer to diplomatic representatives any failure in obtaining local redress. Where a wrong is committed against a Filipino national by the local authorities, Consular Posts may lodge a protest with a view to obtaining appropriate redress. Consuls may approach competent authorities for information and to protest at the infringement of any rights or interests of their nationals. Where recourse to the local authorities has failed to produce results, or where a matter by its very nature concerns the central authority, the matter is usually handled or taken over by the diplomatic mission.

2.5. Non-Exclusivity, Nature and Extent of Assistance. The list is by no means complete or exclusive. Consular officers may employ any other means of assistance that are in their judgment appropriate in a particular case taking into account the limitations set forth under international and domestic laws. The nature and extent of protection and assistance to be afforded to a distressed Filipino national are governed by international and domestic laws as well as by the judgment of consular officers exercised in the particular circumstances of each case. Having regard to the practice of interstate relations, the question of whether and how far the protection of a Filipino national's interests should be exercised is -as a rule - a matter for the Government to decide from case to case.

2.6. Prohibitions. In consonance with the limitations set forth under Section 1.3. of this Understanding, Consular officers are specifically forbidden to act as an attorney or to assume any legal responsibility for Filipino nationals facing criminal charges. Nor can they instigate court proceedings on behalf of Filipino nationals or interfere in local judicial procedures to get them out of prison. Consuls cannot investigate a crime or conduct any other kind of investigation, which is the preserve of the competent local authorities. They cannot formally assist dual nationals in the country of their second nationality. They cannot obtain work or work permits for Filipino nationals. They cannot get better treatment for Filipino nationals in hospital or prison that is provided for local nationals.

3. Role of the Labor Attache

3.1. Country-Team Approach. Under the country-team approach, the Labor Attache shall provide assistance to Filipino nationals in accordance with existing laws and regulations under the leadership and supervision of the Ambassador or Head of Post.

3.2. Protection of Filipino Contract Workers. The Labor Attache shall see to it that the employment contracts entered into by Filipino contract workers in the US are followed and respected and that the labor and welfare laws and regulations of the Host country are fairly applied to them.

4. Role of Filipino-American Community Organizations

4.1. The Philippine Foreign Service values the important role of NaFFAA and other Filipino-American community, civic, or cause-oriented organizations in assisting the different Consular Posts in their tasks of providing protective consular help to distressed Filipino nationals.

4.2. Given the vast area of the US territory and the large number of Filipino nationals in that country vis-a-vis the very limited resources and number of Philippine consular personnel, it is imperative for the different Philippine Consular Posts in the US to engage the help of NaFFAA chapters and affiliated organizations and other local Filipino-American organizations in providing assistance to distressed Filipino nationals in their respective consular districts. Through the vast network of Filipino-American organizations that are dispersed throughout the country, delivery of consular assistance to distressed Filipino nationals could be extended to a wider area and with more efficacy.

4.3. Being legitimate participants in the domestic politico-social and economic mainstream of the US, NaFFAA and other Filipino-American organizations would be better positioned to do some activities aimed at helping distressed Filipino nationals, which would otherwise be prohibited if they were to be performed by the Consular Posts.

4.4. Accordingly, the cooperation of local Filipino -American organization may be especially enlisted in areas or situations where protective consular assistance could not be effectively carried out without the involvement of such organization.

4.5. The specific role and tasks, which a Filipino -American organization could undertake, in particular situations may be determined through the Liaison or Joint-Working Group to be established in the respective districts of each Consular Post. Nothing in this provision shall prevent any Filipino-American organization from taking an initiative outside of this framework to assist a distressed Filipino national. In providing assistance to distressed Filipino nationals, Filipino-American organizations may be guided by the provisions of Section 1.4 of this Understanding.

5. Liaison or Joint Working Group

5.1. To carry out the goals and objectives of this Understanding, the Parties hereby endeavor to establish Liaison or Joint-Working Groups in the different consular districts.

5.2. The Liaison or Joint Working Group in each consular district shall be composed of the Consul General, Consul or Consular Agents, the Chair of the local NaFFAA chapter and representatives from each of the participating Filipino-American organizations.

5.3 The participating Filipino-American organizations shall designate specific individuals who would be in charge of coordinating assistance to nationals work within their organization. Such personnel shall automatically be part of that organization's liaison to the Joint Working Group.

5.4. The participating organizations shall submit the list and contact numbers of its officers and personnel in charge of assistance to nationals to the Liaison and Joint Working Group. The Group shall prepare a Directory List of the officers as well as personnel in charge of assistance to nationals of all the participating organizations.

5.5. The Liaison or Joint Working Group shall meet periodically or as may be necessary to discuss cooperative undertakings or programs of protection designed to assist distressed Filipino nationals or prevent or remedy situations that may injure the interests of Filipino nationals in the US. In this connection, the different Consular Posts in their respective districts shall prepare a list of distressed Filipino nationals necessitating protective assistance.

6. Free Legal Assistance

6.1. To the extent practicable, the Philippine American Bar Association of Greater Washington DC, Inc., (PABA) or any other similar participating professional organization of Filipino-American lawyers hereby undertakes to provide free legal assistance to indigent distressed Filipino nationals, subject to the operational guidelines to be agreed upon with the concerned participating organizations.

7. Legal Assistance Fund

7.1. Whenever appropriate, the participating organizations shall endeavor to establish a Fund for the purpose of providing legal assistance, including the hiring of a lawyer, to distressed Filipino nationals. The utilization and disbursement of the said Fund shall be subject to the guidelines to be formulated by the concerned organization.

8. Accession

8.1. Subsequent to its signing by the Parties, this MOU shall be subject to accession by any interested Filipino-American organization. Accession could be made by such organization by submitting a notarized letter of intent duly executed within the decision-making procedure of the concerned organization.

Done this 18th day of May in the year of our Lord two thousand and three, at Washington, District of Columbia.

By and between:

Entry into Force: May 18, 2003