MEMORANDUM OF UNDERSTANDING ON THE ESTABLISHMENT OF JOINT COMMISSION FOR BILATERAL COOPERATION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF MA…
Desirous of expanding and enhancing bilateral relations and effective cooperation in the interest of both countries,
Convinced of the necessity to establish a consultative and monitoring mechanism to facilitate discussion and implementation of cooperative undertakings between the two countries,
Have reached the following understanding:
ARTICLE 1
The Contracting Parties shall establish a Joint Commission, hereinafter referred to as the “Commission”, to facilitate consultation and cooperation between the two countries in all areas of mutual concern and interest, particularly in the economic, trade, social and cultural fields.
ARTICLE II
The Commission shall consider ways and means to promote the aforesaid objectives and to ensure the proper coordination and implementation of its decisions and/or recommendations.
ARTICLE III
The Commission shall be headed by the respective Foreign Ministers of the Contracting Parties. Each Contracting Party shall determine the composition of its delegation to the Commission. The terms of reference of the Commission are contained in the Annex attached hereto, which forms part of this Memorandum of Understanding.
ARTICLE IV
THE Commission shall determine its rules and procedures and may establish committees and sub-committees to deal with specific subjects brought before it.
ARTICLE V
The Commission shall meet once a year or at the request of either Contracting Party, alternately in the Philippines and in Malaysia. Each meeting of the Joint Commission shall be preceded by a meeting at the level of Senior Officials.
ARTICLE VI
This Memorandum of Understanding shall come into force on the date of its signature.
This Memorandum of Understanding is concluded for a period of five years from the date of its entry into force and shall then be renewable from year to year by tacit agreement, unless one of the Contracting Parties has given the other written notice, through diplomatic channel, six months before the expiry of the current term of its intention to terminate this Memorandum of Understanding. In the event of termination, the provisions of this Memorandum of Understanding shall remain applicable to ongoing programmes until their completion unless the Contracting Parties agree otherwise.
Either Contracting Party may request in writing, through diplomatic channels, a revision or amendment of all or part of this Memorandum of Understanding. Any revisions or amendment which has been agreed to by the Contracting Parties shall come into effect following its approval by the Contracting Parties, on a date mutually agreed upon.
DONE, at Kuala Lumpur, Malaysia on 22 July 1993, in six original texts, two each written in the Filipino Malay and English languages, all texts being equally authentic, in case of any divergency the English text shall prevail.
Secretary of the Foreign Affairs
Minister of Foreign Affairs
TERMS OF REFERENCE OF THE PHILIPPINES-MALAYSIA JOINT COMMISSION
OBJECTIVES
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1.
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THE OBJECTIVES OF THE Commission shall be:
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(i)
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To promote bilateral relations and cooperation. This is to be achieved through the implementation of agreed projects or measures to be undertaken by two countries individually or jointly.
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(ii)
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To coordinate the activities of existing for a between Departments / Ministries of both countries with a view to achieving the broad objectives in (i).
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(iii)
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To resolve outstanding bilateral problems under its purview.
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(iv)
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To manage bilateral issues so as to prevent them from developing into problems.
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SCOPE
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2.
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The Commission shall cover all aspects of bilateral relations, particularly economic, trade, social and cultural aspects, except those which will be determined by two Government from time to time as necessary.
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3.
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The Commission shall coordinate the work of its committees and sub-committess. It shall make recommendations to these bodies as and when necessary so as to facilitate their work.
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4.
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The Commission shall be regularly kept informed of the result of the meetings of the committees and sub-committees.
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5.
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The Commission may establish additional committees, or sub-committees to deal with specific issues in accordance with Article IV of Memorandum of Understanding on the Establishment of a Joint Commission for Bilateral Cooperation between the Philippines and Malaysia.
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FREQUENCY OF MEETING
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6.
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The Commission shall meet once a year. Special sessions of the Commission may be convened at the request of either Party at a time agreed upon by both Parties.
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SENIOR OFFICIALS MEETING
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7.
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The preparations for the Joint Commission Meeting shall be undertaken by the Senio Officials Meeting to be co-chaired by the Undersecretary of Foreign Affairs of the Republic of the Philippines and the Secretary General of the Ministry of Foreign Affairs of Malaysia. The Senior Officials Meeting shall also ensure the implementation of all decisions and recommendations of the Commission.
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COMPOSITION
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8.
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The Commission shall be led by the Secretary / Minister of Foreign Affairs of the two countries and shall compromise relevant Cabinet Ministers and Senior Officials of the concerned Departments / Ministries and Government Agencies as determined by the Contracting Parties.
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CHAIRMANSHIP
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9.
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Chairmanship of the Joint Commission shall be jointly assumed by the leaders of the respective delegations.
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VENUE
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10.
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The venue of the Joint Commission Meeting shall be held alternately in the Philippines and in Malaysia.
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AGENDA
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11.
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The provisional agenda for the annual meeting of the Commission shall be proposed by the host country at least one month before the scheduled date of meeting.
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RECORDS
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12.
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The host country shall be responsible for the preparation of the agreed records.
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CHANNEL OF COMMUNICATION
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13.
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All communications shall be channelled through the Department of Foreign Affairs of the Republic of the Philippines and the Ministry of Foreign Affairs of Malaysia, which shall respectively act as Secretariat of the Commission.
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PRESS RELEASE
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14.
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All records of the Commission shall be kept confidential. However, the Commission may issue statements to the press as deemed appropriate.
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Entry into Force: July 22, 1993