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August 30, 1989

KNOW ALL MEN BY THESE PRESENTS : 

This Agreement made and entered into by and between:

The SERVICIO AGRICOLA Y GANADERO (SAG), Chile, herein represented by AMBASSADOR MR. CARLOS DESGROUX with principal address at Embassy of Chile, Makati, Metro Manila, herein referred to as the EXPORTER;

and

The DEPARTMENT OF AGRICULTURE (DA), Republic of the Philippines herein represented by CARLOS G. DOMINGUEZ, Secretary of Agriculture, with principal address at Quezon City, Philippines, herein referred to as the IMPORTER.

WITNESSETH

WHEREAS, the EXPORTER desires to sell by way of exports to the IMPORTER certain kinds of fruits specially grown in his country;

WHEREAS, the IMPORTER is willing to buy by way of import specific kinds of fruits from the EXPORTER, subject to certain terms and conditions;

NOW, THEREFORE, in consideration of the above premises and the mutual covenants heretofor  provided the Parties entered into this Agreement subject to the following terms and conditions:

1. That all fresh fruits covered by the Agreement including that applied to supply U.S. Bases and foreign embassies in the Philippines, airline and shipping companies doing business in the Philippines, duty free shops operator and other entities shall be covered with import Permit secured from the BPI Plant Quarantine Service prior to importations.

2. That the fruit species considered in this agreement shall include:

a. Table grapes

b. fruits apples and pears

c. Stone fruits - such as peaches, nectarines, prunes, apricots and cherries.

d. Citrus fruit - lemons, oranges and grapefruits and other varieties.

e. Kiwi fruits - Kiwi.

3. That all fresh fruits covered by this Agreement shall be cold treated prior to shipments or in transit.  Cold treatment shall be any of the following schedule  depending on the kinds of fruits to be treated.

10 days at O°C (32°F) or below

11 days at 0.55°C (33°F) or below

12 days at 1.11°C (34°F) or below

14 days at 1.66°C (35°F) or below

16 days at 2.22°C (36°F) or below

Note: Number of days required for treatment shall be done continuously.

In Country Treatment: The treatment conducted prior to shipment shall be supervised by SAG inspector and BPI Plant Quarantine Officer in any of the previously approved cold treatment facilities at designated place/s in the Chilean territory.

In Transit Treatment: Treatment conducted in transit in the chamber of ships previously calibrated and approved by SAG and BPI inspectors.

4. That joint inspection (random sample of at least 5%) by inspectors of both SAG and BPI PQS shall be made to certify absence of any specimen in any stages of development of Medfly, Mexican fruitfly, Queensland fruitfly and other species of dangerous fruitflies which are not known to be present in the Philippines.

5. That all fruit shipments covered by this Agreement shall be covered by Phytosanitary Certificate issued by SAG upon completion of item nos. 3 and 4 of this agreement. The Phytosanitary Certificate shall also contain the additional declaration that fresh fruits are free from San Jose Scale, Quadraspidiotus perniciosus; Oriental Moth, Cydia molesta  and Codling Moth, Cydia pomonella.1.. The reverse side shall have the endorsing remarks to the effect that treatment and inspection had been confirmed by the signing BPI PQS Officer. 

6. That only direct commercial shipment of fresh fruits in container van or ship holds covered by this Agreement shall be allowed entry in the Philippines.  Fresh fruit importations hand carried by passengers, crew members and other travellers which are not covered by this Agreement shall not be allowed until such time that both countries have devised a tamper-proof mechanism of trading and still maintains the phytosanitary condition of the fruits (export), and have agreed on some specific arrangements.

7. That precautionary measures shall be followed in order to maintain the phytosanitary condition of the treated fruits.

a. That all facsimile copy of documents Permit to Import and Phytosanitary Certificate shall be sent in advance directly to SAG by BPI PQS and vice versa so that both agencies can compare with the copies presented by the direct private importer/exporter for authenticity/validity. All expenses for sending documents shall be borne by the importers and exporters.

b. That all cartons, boxes, lugs, etc., containing the. fresh fruits to be cold treated and exported to the Philippines shall be individually sealed with SAG Plant Quarantine Seal within the packing line at the country of origin. They shall also bear control number and outside markings “PRODUCT OF CHILE" and " FOR PHILIPPINES". The Phytosanitary Certificate shall be issued by SAG inspector duly countersigned by BPI Inspector after the required cold treatment and inspect ion has been done and satisfactorily accomplished.

c. That sealing of cargo container vans containing the treated fruits or fruits in ship holds for treatment while in transit shall be done by either SAG or BPI PQS inspectors at the port of origin. Container van and seal numbers must be indicated in the accompanying Phytosanitary Certificate. Seals are to be broken only by the BPI PQS Officer at the port of discharge as stipulated in the Import Permit issued.

d. That the treated fruits contained in vans or shipholds with broken seal and/or the van and seal numbers not indicated in the accompanying Phytosanitary Certificate shall be rejected, or refused entry in the Philippines; or shall be destroyed or returned to country of origin at the expense of the importer/exporter.

8. Cold Treatment Facilities Requirements :

1) In Country Treatment:

a. Only treatment facilities tested and approved by SAG/BPI PQS, shall be used for treatment. It must be provided with multisensor (5-10 sensor per chamber), depending on the capacity or volume to check inside temperature, and a monitoring device with tamper-proof automatic recording systems installed outside the chamber.

b. The chamber shall be tested jointly by both SAG/BPI PQS inspectors at the start of the season, and whenever necessary. Test to be conducted:

b.l Sensor sensitivity test

b.2 Sensor calibration test with the use of standard laboratory thermometer.

c. Sealing of adjustment or servicing knob of the automatic temperature recording system after its final tests and adjustments, shall be done by both representatives of the contracting parties. Certificate of testing shall be signed by both parties.

2) In Transit Treatment:

a. Only cold treatment facilities approved as in no. 8-1 a, b and c will be used in transit treatment provided that the ship Captain or the Chief Engineer will certify to the treatment conducted on board and agree with the terms and conditions stated in 8.2 c of this agreement. And provided further that the ship Captain or Chief Engineer submit to the BPI, PQS the original copy of the data print of the corresponding cold chamber for evaluation and/or verification upon arrival in the Philippines. Removal of the print out shall be done in the presence of the BPI, PQS Officer at the port of entry.

b. That the ship's hold chamber used for this purpose shall be sealed by SAG and BPI inspector in Chile and to be opened only in the Philippines upon evaluation and verification of the data treatment by BPI inspector.

In case the ship or vessel have to load in other ports in Chile, sealing of the chamber shall be done at the last port of loading. In both cases the SAG/BPI inspectors should sign the start of the data print.

c. In transit treatment protocol may be accepted or rejected by the BPI inspector in the port of entry depending upon the result of data print evaluation and/or verification. If the data print conformed with the treatment protocol as stated in no. 3 of this agreement, the treatment is acceptable and allowed discharge of the fresh fruits.

In case the required temperature is not maintained during the required number of days as stated in the treatment protocol, the duration of the treatment may be extended in the ships hold until such time that the treatment conforms with the protocol. If the arrived fruits treated in transit does not conform with the treatment protocol, inspite of the extended cold treatment exposure, the shipment in question will not be allowed discharge, will be rejected and returned to the country of origin or shipped to other country that will accept it. In which case, all expenses incurred therat will be borne by the exporters.

9. Working Hours

a. Regular working hour for the BPI, PQS Officer in Chile shall be eight (8) hours/day five (5) days (Monday to Friday) ins week.

b. Extra services rendered outside the regular working hors are considered overtime and as such the BPI PQS Officer shall be entitled to claim for extra compensation.

c. Extra services to be rendered, whenever necessary, has to be requested ahead of the time by the party concerned to be served, and approved by SAG with the consent and final approval by BPI PQS Officer.

d. All legal holidays in Chile, Saturdays and Sundays are non-working days.

10. The request for the dispatch of BPI PQS Officer who shall supervise the treatment and spot checking inspection of fresh fruits in Chile for export to the Philippines shall be made to the Bureau of Plant Industry under the following terms and conditions

10.1 The Chilean Government shall pay all the expenses related to the assignment of the Philippines BPI Plant Quarantine Officer. The expenses shall include the following:

a. Preparation allowance - US$750

b. Round trip airfares to and from Chile.

c. All travelling expenses in Chile (hotel to the site and back).

d. All actual medical and hospital expenses enroute and while in Chile.

e. Daily allowance - US$80 (include in route trip)

f. Hotel allowance - US$100

g. Overtime pay/hour - US$2.5

h. Accident Insurance - US$200,000.00

11. That the assignment of BPI Plant Quarantine Officer/s under this Agreement shall be subject to changes whenever necessary at the expense of the Exporter.

12. That the duration of the assignment of Plant Quarantine Officer/s shall be subject to the Agreement by the Parties hereto.

13. Suspension of the shipment/s of fruits under the following conditions:

13.1 Detection of live fruitfly infestation (any stages of its development) during the post-treatment inspection of fresh fruits intended for shipment to the Philippines under this Agreement.

14. Both countries reserve the right to repeal any position(s) of this agreement by way off amendment based on technical, operational or any valid reasons agreeable to both countries.

                                 
               

REPUBLIC OF CHILE   SERVICIO AGRICOLA Y GANADERO	REPUBLIC OF THE PHILIPPINES   DEPARTMENT OF AGRICULTURE
(Sgd.) CARLOS DESGROUX	(Sgd.) CARLOS G. DOMINGUEZ
Ambassador	Secretary
SIGNES IN THE PRESENCE OF:
(Sgd.) JOSE LUIS LLABACA	(Sgd.) NERIUS I. ROPEROS
Counsellor   Embassy of Chile	Director   Bureau of Plant Industry