(In the Field of News Exchange, Radio and Television Broadcasting, Public Relations, Printing and Publishing)
The Ministry of Information of the Kingdom of Cambodia and the Presidential Communications Operations Office (PCOO) of the Republic of the Philippines (hereinafter collectively referred to as "the Parties" and singularly referred to as "the Party");
WITNESSETH:WHEREAS recognizing the need to strengthen the resolve of both countries to reaffirm existing bilateral relationships;
WHEREAS to promote cooperation and partnerships in the field of information, in accordance with their respective laws and regulations;
WHEREAS to develop collaboration between the two countries on the basis of equality, mutual benefit, mutual understanding, respect for sovereignty and the principle of non-interference in internal affairs;
WHEREAS to promote awareness and understanding among the peoples of both countries through information and communication programs and campaigns;
NOW. THEREFORE, for and in consideration of the foregoing premises, which are essential conditions and integral parts of this Memorandum of Cooperation, and the mutual covenants and conditions hereinafter set forth, the parties hereby agree as follows:
PARAGRAPH 1
OBJECTIVEThe Parties will, subject to their laws and regulations, encourage and promote the development of cooperation in the field of information communication and broadcasting between their two countries for their mutual benefit.
PARAGRAPH 2
FIELDS OF COOPERATIONTaking into consideration the experience to be gained and benefits to be derived therefrom and subject to the availability of funds and resources, the cooperation referred to in Paragraph 1 may include the following fields:
A. News and Information Exchange;
B. Radio and Television Broadcasting;
C. Information Technology;
D. Public Relations E. Printing and Publishing; and
F. Other areas as may be mutually agreed upon.
PARAGRAPH 3
FORMS OF COOPERATIONThe cooperation referred to in Paragraph 1 and 2 may include the following forms:
A. Exchange of information and multimedia materials, which may include:
- News and information materials in various forms;
- Radio and television programs such as dramas, documentaries, children's programs and entertainment, covering the political, economic, social and cultural aspects of life in both countries;
- Studies, data and relevant information material that will supply the media in each country with authentic information about the programs of each Parties' governments and current events happening therein;
- Publications, photographs or other visual and exhibition materials; and
- Other information and materials as may be mutually agreed upon.
The Parties agree to the full utilization of exchanged materials in the development of activities and programs in both countries.
B. Exchange of personnel, which may include:
- Mass media representatives, including technical personnel, interpersonal communicators, public relations experts, administrative managers, writers, radio and television broadcasters and print media journalists;
- Media experts in related fields of studies;
- Study Tours; and
- Other personnel as may be mutually agreed upon.
C. Provision of technical facilities related to news coverage of national events;
D. Joint ventures and joint productions;
E. Conduct of training, workshops and seminars; and
F. Other forms of cooperation as may be mutually agreed upon.
PARAGRAPH 4
EXCHANGE PROGRAMSIn order to facilitate cooperation in the fields identified in Paragraph 2 and 3, the Parties will develop such appropriate exchange programs as may be mutually agreed upon.
PARAGRAPH 5
IMPLEMENTING ARRANGEMENTSFor the purpose of the implementation of this MOC:
- Both Parties will appoint focal persons to identify, formulate, review, implement and monitor projects and activities under this MOC.
- Both Parties may enter into specific arrangements to clarify obligations, funding and other matters for mutually agreed upon projects or activities under this MOC.
- Both Parties may establish Working Groups or ad-hoc task forces as may be necessary to jumpstart the projects and activities to be undertaken under this MOC.
- Both Parties may hold meetings as may be necessary, at any venue as may be mutually agreed upon.
PARAGRAPH 6
CONFIDENTIALITYAll materials, documents, information and other data received during the period of implementation of this MOC may not be made available to any third party without prior written consent of the other Party. The obligations under this Paragraph do not lapse upon expiration or termination of this MOC and continues for the duration materials exchanged by the Parties are utilized.
PARAGRAPH 7
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS- The Party sending the materials will be responsible for the protection of intellectual property rights, including copyright, in accordance with the laws in force in its country. It will ensure that such materials may be reproduced for exhibition purposes.
- If the sending of the materials will be subject to the payment of an honorarium or other financial conditions, the Party sending the materials will inform the other Party of said conditions before dispatching the materials; it will send the materials after receiving the latter Party's consent
- Any obligations in connection with author's rights or performer's rights will be borne by the Party sending the materials.
PARAGRAPH 8
CONDITION ON USE OF MATERIALS- All materials, documents, information and other data obtained under this MOC will:
i. Be exchanged and used between the Parties free of charge;
ii. Not be handed over to any third party or used for commercial purposes;
iii. Be accompanied by an explanatory text in English; and
iv. Be selected and used at the discretion of each of the Parties, both in terms of the number of items to be used and the choice of subjects.
- Either Party may edit each other鈥檚 news and programs faithfully and professionally. Under no circumstances , however, will the facts, content and intent of the news or program be changed.
PARAGRAPH 9
STATUSThis MOC does not give rise to any legally binding obligations under international law.
PARAGRAPH 10
CONDITIONSShould there be any discrepancy in the interpretation or application of the provisions of this MOC and of the projects or activities undertaken under it, the Party will settle amicably such discrepancy by consultations between them, without reference to any third party or any international tribunal.
PARAGRAPH 11
AMENDMENTS- Either Party may request in writing an amendment of all or any part of this MOC.
- Such amendment agreed to by the Parties and signed by their respective Heads or Ministers or their duly-authorized deputies, as the case may be, will be in writing and will form part of this MOC.
PARAGRAPH 12
SUSPENSION- The Parties reserve the right, for reasons of security, public order or public health, to suspend temporarily, either in whole or in part, the implementation of this MOC.
- The suspension will be effective thirty (30) days after written notification has been given to the other Party, through diplomatic channels.
PARAGRAPH 13
EFFECTIVITY, VALIDITY AND TERMINATION- This MOC will become effective on the date of the signing of the same and will remain in force for a period of five (5) years and may be renewed for a similar period upon sixty (60) days written notice by either Party.
- Either Party may terminate this MOC upon sixty (60) days from written notice.
- Unless otherwise agreed upon, the termination of this MOC will not affect or prejudice the completion of existing and on-going projects undertaken under this MOC.
Done in Siem Reap, Kingdom of Cambodia this 15
th day of December in the year 2017, in two original texts in the English language, both texts being equally valid.
For the Government of the | For the Government of the |
Kingdom of Cambodia | Republic of the Philippines |
|
|
(Sgd.) DR. KHIEU KANHARITH | (Sgd.) JOSE RUPERTO MARTIN M. ANDANAR |
Minister of Information | Secretary |
| Presidential Communications |
| Operations Office |