July 31, 2013

Recognizing the need to strengthen the existing friendly relations between the Republic of the Philippines and the Republic of Poland;

Considering the importance of developing and promoting bilateral cooperation in the field of defense;

Acting in accordance with their national laws, international law and international commitments of their States;

Have amicably agreed as follows:

Paragraph I
Objective

The objective of this Memorandum of Understanding, hereinafter referred to as "MOU", is to provide a framework for the development of bilateral relations on defense suitable for the Participants and based on the principles of equality, mutual benefits and partnership.

Paragraph II
Status

1. This MOU does not constitute a treaty within the meaning of article 2 paragraph 1 letter a of the Vienna Convention on the law of treaties, done in Vienna on 23 May 1969, hereinafter referred to as "VCLT", and does not give rise to any legal obligation under international or national law.


2. The organs responsible for the application of this MOU will be the Department of National Defense on behalf of the Republic of the Philippines and the Minister of National Defense on behalf of the Republic of Poland.

Paragraph III
Areas of Cooperation

1. The Participants agree to develop their bilateral relations on defense in the following areas:

(a) military education, training and capacity building;
(b) logistical requirements of the armed forces;
(c) armament and military equipment;
(d) defense industry and technology.

2. The Participants may also develop their bilateral relations on defense in areas other than mentioned in subparagraph 1, as mutually decided.

Paragraph IV
Forms of Cooperation

1. The Participants will cooperate in the following forms:

(a) exchange of delegations and personnel involved in specific activities;
(b) exchange of unclassified and accessible information, documentation and materials;
(c) setting up working groups at expert level on previously selected projects, if needed.

2. The Participants may also cooperate in forms other than mentioned in subparagraph 1, as mutually decided.


3. Specific issues concerning the development of bilateral relations on defense may be determined through implementing arrangements concluded by the Participants.

Paragraph V
Financial Arrangements

1. Unless determined otherwise in appropriate agreements, each Participant will cover its own expenditures related to the application of this MOU, in accordance with its national law as well as with its budgetary allocations.


2. The cost-sharing formulas related to visits of the high-level officials will be agreed upon on case-by-case basis.

Paragraph VI
Protection of Classified Information

The Participants acknowledge that the protection of classified information exchanged in connection to this MOU and to any implementing arrangement concluded under it or to any future agreement they will mutually conclude will he settled in a separate agreement at the government level.

Paragraph VII
Legal Requirement Related to Exchange of Military and Civilian Personnel

The Participant, which sends its military and civilian personnel respectively to the territory of the Republic of the Philippines or the Republic of Poland for the purposes of taking part in activities under this MOU, will take necessary measures to ensure that the aforementioned personnel will respect the national law of the other Participant which receives and hosts it and abstain from any activity inconsistent with the letter and spirit of this MOU, including political actions.

Paragraph VIII
Amicable Resolution of Disputes

Any disputes between the Participants concerning the interpretation or application of this MOU will be amicably resolved via diplomatic channels.

Paragraph IX
Effectiveness, Duration, Amendment and Termination

1. This MOU will come into effect on the date of its signing.


2. This MOU will remain in effect for a period of five (5) years and its effectiveness will be automatically extended for subsequent periods of five (5) years, unless the MOU is terminated in accordance with paragraph 4 of this section.


3. This MOU may be amended at any time through a written consent of the Participants. Amendments will come into effect on the date of their signing.


4. This MOU may be terminated by each Participant through a written notification, sent via diplomatic channels. In such case, this MOU will expire ninety (90) days from the date of receipt of the terminating notification.

In witness whereof, the undersigned, being duly authorized thereto by their respective governments, have signed this MOU.

Signed in Manila on July 31, 2013 in duplicate in the English language.

FOR THE DEPARTMENT OF NATIONAL DEFENSE OF THE REPUBLIC OF THE PHILIPPINES	FOR THE MINISTER OF NATIONAL DEFENSE OF THE REPUBLIC OF POLAND
(Sgd.)	(Sgd.)