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April 08, 1983

2. a. The provisions contained in Annex A to this memorandum will apply to the Australian force present in the Philippines for Exercise COPE THUNDER 83-5.

b. The provisions contained in Annex B to this Memorandum will apply to operational matters relating to the deployment of the Australian Force during Exercise COPE THUNDER 83-5.

c. The provisions contained in Annex C to this Memorandum will apply to:

(1) the settlement of claims against the Government of Australia or the members of the Australian force in respect of acts or omissions of those members; and

(2) the settlement of claims against the Government of the Philippines by the Government of Australia.

3. For the purposes of this Memorandum, or in its Annexes, the terms used therein will, unless the context otherwise requires, have the following meanings respectively assigned to them:

a. 'The Philippines includes the territories for the International relations of which the Philippines is responsible.

b. 'Australian authorities' means the authorities empowered by the law of Australia to exercise command or jurisdiction over members of the Australian force.

c. 'Australian Force' means the members of the RAAF stationed in the Philippines for the purposes of the COPE THUNDER Exercises.

d. 'The Philippine authorities' means the authority or authorities from time to time authorized or designated by the Government of the Philippines for the purpose of exercising the powers in relation to which the expression is used.

e. 'RAAF' means the Royal Australian Air Force.

f. 'CABCOM' means the Commander of the Clark Air Base of the Philippines.

g. 'CAB' means the Clark Air Base.

h. 'PAF' means the Philippine Air Force.

4. If the foregoing is acceptable it is proposed:

a. that this Memorandum and its Annexes together with your reply to that effect will be deemed to have commenced operation on 11 Apr 1983.

b. That said Memorandum will remain in force until the expiration of 180 days from the date on which one party gives to the other notice that it desires to terminate the memorandum.

Annexes: A. Status of Forces (Sec 1-6)

B. Operational matters

C. Settlement of claim (Sec 1-2)

Signed in Manila, Philippines on 8th April, 1983

ANNEX A

STATUS OF FORCES

SECTION 1 - CRIMINAL JURISDICTION

Subject to the provisions of this section:

1. a. the Australian authorities will have the right to exercise within the Philippines all criminal and disciplinary jurisdiction conferred on them by the law of Australia over members of the Australian force;

b. the Philippines authorities will have jurisdiction over the members of the Australian force with respect to offences committed within the Philippines and punishable by the law of the Philippines .

2. a. the Australian authorities will have the right to exercise exclusive jurisdiction over members of the Australian force with respect to offences punishable by the law of Australia but not by the law of the Philippines;

b. the Philippines authorities will have the right to exercise exclusive jurisdiction over members of the Australian force with respect to offences punishable by the law of the Philippines but not by the law of Australia.

3. In cases where the right to exercise jurisdiction is concurrent the following rules will apply.

a. the Australian authorities will have the primary right to exercise jurisdiction over members of the Australian force in relation to: 

(1) offences against the security of Australia, offences solely against the property of that country or against the person or property of another member of the Australian force;

(2) military offences arising out of any act or omission done in the performance of official duty;

b. in the case of any other offence the Philippines authorities will have the primary right to exercise jurisdiction;

c. if the authorities having the primary right decide not to exercise jurisdiction, they will notify the other authorities as soon as practicable. The authorities having the primary right of jurisdiction will give sympathetic consideration to a request from the other authorities for a waiver of their right in cases where those other authorities consider such waiver to be of particular importance or where suitable punishment can be applied by disciplinary action without recourse to a court.

4. The foregoing provisions of this section will not confer any right on the Australian authorities to exercise jurisdiction over persons who are nationals of or ordinarily resident in the Philippines unless they are members of the Australian force.

5. a. The Australian authorities and the Philippine authorities will assist each other in arresting members of the Australian force and handing them over to the authority which is to exercise jurisdiction in accordance with the above provisions.

b. The Philippines authorities will give prompt notification to the Australian authorities of the arrest of any member of the Australian force.

c.The custody of an accused member of the Australian force over whom the Philippines authorities are to exercise jurisdiction will remain with the Australian authorities until he is brought to trial by the Philippine authorities.

6. a. The Philippines authorities and the Australian authorities will assist each other in carrying out all necessary investigations into offences and in the collection and production of evidence relating to an offence.

b. The Australian authorities and the Philippines authorities will notify each other of the disposition of all cases in which there are concurrent rights to exercise jurisdiction.

7. The Philippines will not carry out the death sentence on a member of the Australian force.

8. Where an accused has been tried in accordance with the provisions of this section by the Australian authorities or the Philippines authorities as the case may be, and has been acquitted, or has been convicted, he may not be tried again for the same offence by the Australian authorities or the Philippines authorities as the case may be. However, nothing in this paragraph will prevent the Australian authorities from trying a member of the Australian force for any violation of rules of discipline arising from an act or omission which constituted an offence for which he was tried by the Philippines authorities.

9. Whenever a member of the Australian force is prosecuted under the jurisdiction of the Philippines, he will be entitled: 

a. to a prompt and speedy trial;

b. to be informed in advance of trial of the specific charge or charges made against him;

c. to be confronted with the witnesses against him;

d. to have compulsory process for obtaining witnesses in his favour if they are within the jurisdiction of the Philippines;

e. to have legal representation of his own choice for his defence or to have free or assisted legal representation;

f. to have the services of a competent interpreter; and

g. to communicate with a representative of his Government and, when the rules of the court permit, to have a representative of that Government present at his trial.

SECTION 2 - SECURITY

1. RAAF aircrew will follow fully prescribed direction and control procedures in flying over areas designated for Exercise COPE THUNDER 83-5.

2. All maps issued to the RAAF Detachment either by the PAF or USAF for the exercise, will not be reproduced in any form and will be receipted and will not be brought out of the country without the written authority of the Minister of National Defense An account procedure will be as prescribed by CABCOM.

3. No camera of any type or make will be allowed aboard a RAAF aircraft except as authorised by CABCOM on a case-to-case basis.

4. All classified information, written or otherwise that comes to the attention of the RAAF personnel will be assigned the same degree of classification given by the Philippines Government and may not be divulged to a third country without prior approval of the Philippines Government.

5. Except in cases of emergency or upon arrangement with CABCOM, no RAAF aircraft will be allowed to enter the control zone of any PAF base or other landing areas outside of the CAB.

6. Access to areas and facilities inside CAB will be determined by CABCOM in coordination with USAF authorities.

SECTION 3 - IMPORTS, EXPORT, TAXATION, ETC,

1. Save as provided expressly to the contrary in this Annex members of the Australian force will be subject to the laws and regulations administered by the customs authorities of the Philippines.

2. Official documents under official seal will not be subject to customs inspection. The package will be accompanied by a certificate which states that "only official documents enclosed". Samples of the official seals will be lodged with the customs authorities.

3. The Australian force may import free of duty equipment, material, provisions, supplies and other goods for the exclusive use of consumption of the Australian force.

4. Items which have been imported free under paragraph 3 of this section: 

a. may be re-exported freely, provided the administrative requirements of the Philippines authorities are met; 

b. may not be transferred to another person without the approval of the Philippines authorities.

5. The Australian authorities will be allowed delivery of all fuel, oil and lubricants exclusively for use in aircraft of the Australian force of all duties and taxes.

6. The Philippines authorities shall accept as valid, without a driving test or fee, the driving permit or license issued by the Australian authorities to a member of the Australian force for the purpose of driving vehicles.

7. The Australian authorities will take all possible measures and on request will render all assistance within their power to prevent misuse of the privilege granted and to ensure proper discharge of the obligations imposed under this section. In particular the Australian authorities will by appropriate administrative instructions bring their rights and obligations to the notice of all members of the Australian force.

SECTION 4 - ENTRY AND EXIT

1. The Government of the Philippines will facilitate the admission of members of the Australian force into and their departure from the Philippines.

2. The undermentioned documents only, which will be presented on demand, will be required in respect of members of the Australian force seeking to enter the Philippines:

a. personal identity card issued by the appropriate Australian authority showing full name, date of birth, rank and number (if any), service and photograph;

b. individual or collective movement order issued by an Australian authority and certifying to the status of the individual or group as a member or members of the Australian force; and

c. such documents conforming to standards approved by the World Health Organisation as may be issued by the Australian authorities in satisfaction of the Philippines health and quarantine regulations.

SECTION 5 - CARRIAGE OF ARMS

1. Members of the Australian force will not carry or possess firearms except in the course of their official duties.

SECTION 6 - OBSERVANCE OF LAWS

1. Consistently with agreements for the time being in force between Australia and the Philippines, members of the Australian force and the civilian component and dependents will conform to the laws of the Philippines including quarantine laws.

ANNEX B

OPERATIONAL MATTERS

1. Purpose. This Annex implements the provisions of the Understanding pertaining to flight operations during the exercises ; and:

a. Prescribes the organisational relationship between the PAF and RAAF.

b. Prescribes the flow of communication between the PAF and the RAAF.

c. Delimits the flying areas of the RAAF.

2. The composition of the RAAF contingent and the duration of stay will be in accordance with the details listed in the formal invitation issued to CDFS Australia by the RP/US Mutual Defense Board. The RAAF contingent will be based at Clark Air Base (CAB).

3. Policy: 

a. The Philippines Air Force (PAF) represented by CABCOM at CAB will control the activities of the RAAF Detachment. Commander CABCOM or his authorized representative has the right to inspect the facilities of the RAAF Detachment.

b. The Defense Attache, Australian Embassy will coordinate with Commander CABCOM on matters pertaining to the Administration and operation of the RAAF Detachment.

c. Flight operations will be limited to the areas designated for use of Exercise COPE THUNDER 83-5.

d. The Philippines and Australian authorities will cooperate in rescue operations in case of accident and/or incidents involving the RAAF Detachment. These authorities will cooperate fully to the investigation of accidents with primary responsibility belonging to the Philippines authorities.

4. Procedures:

a. Commander CABCOM will designate a Liaison Office/ Officer to facilitate the flow of communications between CABCOM and the Australian force.

b. All RAAF flight operations will adhere to the procedures for flight operations established for Exercise COPE THUNDER 83-5.

c. Area familiarization of RAAF pilots may be conducted prior to the start of the exercises.

d. In the event of adverse weather conditions like typhoon or other calamities which necessitate evacuation of aircraft from CAB, the PAF through CABCOM will extend assistance in the evacuation of RAAF aircraft and personnel to other areas of the Philippines.

e. Equipment or personnel sent home to Australia prior to the termination of the exercises and their replacements will undergo the normal Customs and Immigration procedures

f. Director of Operations CABCOM will be Chairman of the Investigation Board on accidents and incidents involving aircraft, vehicles or other equipment of the RAAF affecting lives and property. The other members may come from either or both the PAF or the RAAF Detachment. However, the Commander RAAF Detachment may create his own Accident Board.

5. Responsibilities: Commander CABCOM and Commander RAAF Detachment are responsible for the formulation and Implementation of Standard Operating Procedures (SOP) effective upon the arrival of the RAAF Detachment at CAB until the departure from CAB of all members of the Detachment.