MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE KINGDOM OF THAILAND ON JOINT OIL SPILL RESPONSE

The Government of the Republic of the Philippines, represented by the Philippine Coast Guard, and the Kingdom of Thailand, represented by the Harbour Departments, hereinafter referred to as “the Parties”,

RECOGNIZING the serious threat posed to the marine and coastal environment of both Parties by major oil pollution incidents.

RECOGNIZING FURTHER the desirability of strengthening mutual cooperation at the operational level for oil pollution preparedness and response;

NOTING the need to maintain and promote the existing cooperation in combating oil spill;

MINDFUL of the ASEAN Oil Spill Response Action Plan (ASEAN-OSRAP) adopted on 20 May 1993 in Tokyo, Japan

HAVE AGREED THE FOLLOWING UNDERSTANDING:

Article 1

The Parties shall cooperate to effectively respond to oil spills in the territorial seas and Exclusive Economic Zone and other waters subject to their respective jurisdiction.

Article 2

The objectives of this Memorandum of Understanding are as follows:

1. To provide early warning and exchange of information between both Parties on any major oil spill which may occur in or affect the territorial seas and Exclusive Economic Zone and other waters under their respective jurisdiction.

2. To undertake prompt measures to control any major oil spill occurring in or affecting the territorial seas, Exclusive Economic Zone and other waters under the jurisdiction of the Parties.

3. To provide references on key operational personnel, equipment and particular procedures to enable speedy cooperation and coordination between the Parties.

Article 3

The Parties will give particular attention to the following, inter alia:

1. Conduct mutual visits by personnel responsible for oil pollution preparedness and response;

2. Undertake joint exercises and training for oil pollution combating;

3. Promote research and development of oil pollution combating measures, techniques and equipment, and

4. Facilitate expeditious trans-boundary mobility of personnel, materials and equipment in case of emergency.

Article 4

The Parties agree to cooperate and assist each other in accordance with the Standard Operating Procedure for Joint Oil Spill Response as attached hereto.

Article 5

The Standard Operating Procedure for Joint Oil Spill Response (SOP) together with its appendixes forms an integral part of this Memorandum of Understanding.

Article 6

The SOP shall be reviewed periodically with a view of updating and incorporating experiences gained from regular exercises and operations. Any amendment of the provisions of the SOP shall be made by mutual consent in writing by the Philippine Coast Guard of the Philippines and the Harbour Department of Thailand.

Article 7

Any dispute between Parties arising out of the interpretation or implementation of this Memorandum of Understanding shall be settled by consultations or negotiations.

Article 8

Any amendment or revision to the text of this Memorandum of Understanding shall be done by mutual consent of the parties. The amendment or revision shall enter into force in accordance with the provision of Article 9.

Article 9

This Memorandum of Understanding shall enter into force on the date of the later notification by the Parties, through diplomatic channels, indicating that the domestic requirements for its entry into force have been complied with.

Article 10

This Memorandum of Understanding shall remain in force and effect, unless one of the Parties officially notifies the other, through diplomatic channels, of its desire to suspend or terminate this Memorandum of Understanding. In such a case, the Memorandum of Understanding shall remain valid until thirty (30) days after the date of notice for suspension or termination.

IN WITNESS WHEREOF, the Undersigned, being duly authorized by their respective Governments, have signed this Memorandum of Understanding.

The Memorandum of Understanding shall be signed in the English Language with two originals whose texts are equally authentic.

DONE in Manila, Philippines on the 27^th day of November nineteen hundred and ninety-nine.