The Philippine National Police and the Australian Federal Police, hereinafter referred to singularly as “the participant” and collectively as “the participants”;
Recalling the Memorandum of Understanding between the Government of Philippines and the Government of Australia on Cooperation in Combating Transnational Crime signed on July 14, 2003 in Philippines;
Realising those cross-border criminal activities between Philippines and Australia may pose a very real danger to the stability and security of the peoples of the two countries;
Recognising the need to strengthen international law enforcement cooperation at all levels in combating transnational crime, including terrorism, in a comprehensive manner;
Acknowledging the importance of respecting the sovereignty and territorial integrity of both countries;
Acting in the spirit of partnership and cooperation;
Have reached the following understandings:
PARAGRAPH I
OBJECTIVES
This Memorandum of Understanding (MOU) builds upon existing cooperative arrangements between the participants to encourage further cooperation between the Philippine National Police and the Australian Federal Police for the purpose of addressing priority criminal areas.
The participants mutually determine that although this MOU is not intended to have legal effect it is nonetheless morally binding upon them.
PARAGRAPH II
GENERAL PROVISIONS AND SCOPE
The participants will strengthen and consolidate cooperation in the following areas:
Any assistance and cooperation rendered under this MOU:
PARAGRAPH
III
AREAS
OF COOPERATION
The areas of cooperation for cooperative activities under this MOU are as follows:
PARAGRAPH
IV
COOPERATION
MECHANISM
The office or unit with primary responsibility in coordinating, collaborating, and facilitating the implementation of this MOU will be:
PARAGRAPH
V
INFORMATION
SHARING
The participants will jointly develop sound law enforcement criminal intelligence capabilities to provide opportunities for the sharing of information concerning the areas of cooperation set out in paragraph III of this MOU.
The participants will jointly develop strategies to build on existing networks and liaison arrangements in order to develop mechanisms to promote the sharing and management of information concerning the priority criminal areas.
The participants will ensure that the exchange of information pursuant to this MOU is in accordance with the domestic laws and regulations and national policies relating to privacy and secrecy.
The participants understand that the exchange of information not under the purview or control of the respective competent authorities is subject to the written consent of the authorized agencies in control of such information.
Each participant will protect any information provided by the other participant from unauthorised access or disclosure and will comply with any provisions and conditions imposed by the other participant in respect of such information.
Information exchanged under the provisions of this MOU will not be used for any other purpose or be provided or used by third parties without the prior written agreement of the provider of the information.
PARAGRAPH
VI
FORMS
OF COOPERATION
The participants will cooperate and coordinate in law enforcement operations of mutual concern to enhance the ability of their respective law enforcement agencies to disrupt and dismantle transnational crime threats common to both countries.
Coordinated operations means coordinated activity and assistance between the participants in the following areas, as may be mutually determined from time to time:
The participants will develop strategies and procedures for conducting coordinated operations through existing networks and liaison arrangements consistent with police to police cooperation against crime types set out in paragraph III of this MOU.
The participants will ensure to obtain guidance from the Office with Primary Responsibility (OPR) during coordinated operations as set out in Paragraph 10 and the OPR will evaluate the result or implications of such operations.
The participants will jointly develop and approve procedures in relation to coordinated operations, which will include procedures relating to the following matters:
The determination and conduct of each coordinated operation will be mutually determined by the participants. Each OPR will be the lead agency for the portion of the coordinated operation that is carried out in its territory. The other participant will support the OPR by providing consultative and advisory assistance only.
PARAGRAPH
VII
STRENGTHEN
COOPERATION
The participants will strengthen and consolidate existing cooperative networks in their efforts to address the priority criminal areas set out in Paragraph III in a manner mutually determined by the participants on an as needs basis.
PARAGRAPH
VIII
COOPERATIVE
ASSISTANCE IN CAPACITY BUILDING AND PROFESSIONAL DEVELOPMENT
The participants will strengthen cooperative assistance in the fields of capacity-building and professional development through:
PARAGRAPH
IX
PUBLICATION
TO THE MEDIA
Both individual and joint media releases related to this MOU and any activities there under will be coordinated by the designated authorities to ensure that the interests of both participants are protected.
Where both participants are involved in a matter of media interest, media releases should be consented to, and provided jointly by, the participants. Where it is unclear as to who is the lead agency in a matter, the participants will mutually determine on a case by case basis as to which participant will be the lead agency for media purposes. The participants acknowledge that contributions provided by each participant will be reflected in any media release.
PARAGRAPH
X
FINANCIAL
ARRANGEMENTS
Expenses incurred in the implementation of this MOU will be borne by the respective participants.
Notwithstanding sub-paragraph 1 above and to facilitate the effective implementation of this MOU, either participant may request assistance from the other participant to fund coordinated operations of mutual concern and to improve institutional capabilities.
The requested participant has the sole discretion to determine the funding, if any, to be provided pursuant to such a request for assistance.
PARAGRAPH
XI
PROTECTION
OF INTELLECTUAL PROPERTY RIGHTS
The protection of intellectual property rights will be enforced in conformity with the respective domestic laws and regulations of the participants and with other international agreements to which both the Philippines and Australia are Parties.
The use of the name, logo and/or official emblem of any of the participants on any publication, document and/or paper is prohibited without the prior approval of either participant.
Notwithstanding anything in sub-paragraph 1 above, the intellectual property rights in respect of any technological development, products and services development, carried out:
PARAGRAPH
XII
CONFIDENTIALITY
Without prejudice to sub-paragraph 5 and 6 of paragraph V, each participant will observe the confidentiality and secrecy of documents, information and other data received or supplied to the other participant during the period of the implementation of this MOU or any other arrangements made pursuant to this MOU.
Both participants understand that the provisions of this paragraph will continue to apply notwithstanding the termination of this MOU.
PARAGRAPH
XIII
SUSPENSION
This Memorandum of Understanding can be revised or amended at any time upon the written arrangement of the participants. Such revisions or amendments will come into effect as from the date jointly decided by the participants.
PARAGRAPH
XIV
REVISION,
MODIFICATION AND AMENDMENT
Either participant may request in writing a revision, modification or amendment of all or any part of this MOU.
Any revision, modification or amendment settled by the participants will be reduced into writing and will form part of this MOU.
Such revision, modification or amendment will come into effect on such date as may be determined by the participants.
Any revision, modification or amendment will not prejudice the understandings arising from or based on this MOU or up to the date of such revision, modification or amendment.
PARAGRAPH
XV
SETTLEMENT
OF DISAGREEMENTS
Any difference arising out of the application, implementation or interpretation of this MOU will be settled amicably through consultation between the participants.
PARAGRAPH
XVI
ENTRY
INTO EFFECT, DURATION AND TERMINATION
This MOU will come into effect on the date of the signature of the participants and will remain in effect for the period of five (5) years. However, the period may be extended by mutual consent in writing of the participants three (3) months prior to the lapse of the five-year period.
Notwithstanding sub-para 1 above, this MOU may be terminated by either participant prior to the lapse of the five-year period by giving written notice to the other three (3) months before its intended period of termination.
SIGNED in duplicate at 10:30am on the 20 day of October in the year two thousand and twelve, in the English language, both texts being equally valid. In case of any divergence of interpretation, this English text will prevail.
FOR
THE PHILIPPINE NATIONAL FOR
THE AUSTRALIAN FEDERAL
POLICE POLICE
(Sgd.)
NICANOR A. BARTOLOME CSEE (Sgd.) TONY
NEGUS APM
Police Director General Commissioner
Chief, Philippine National Police Australian
Federal Police
Entry into Force: October 2, 2012