TRADE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE GABONESE REPUBLIC

PREAMBLE

Hereinafter referred to as the Contracting Parties,

Motivated by the will to develop and consolidate trade relations between the two countries on the basis of equality and mutual benefit,

Have agreed on the following:

ARTICLE I

The Contracting Parties shall promote develop trade relations between their respective countries in accordance with the provisions of the present Agreement.

ARTICLE II

The Contracting Parties will accord each other most favored nation treatment with respect to all matters relating to commercial relations between the two countries, particularly:

1. customs duties and charges of any kind, including the method of levying such duties and charges imposed on or in connection with importation or exportation, or imposed on the transfer of payment for imports or exports;
2. rules and formalities connected with customs clearance;
3. all internal taxes or internal charges of any kind imposed on or in connection with imported or exported goods;
4. the issuance of import and export licenses.

ARTICLE III

The provisions of this Agreement shall not apply to:

1. tariff preferences or other advantages which either Contracting Party grants or may grants to facilitate border traffic;
2. special preferences or other advantages accorded by either Contracting Party resulting from its association in a customs union or a free trade area;
3. tariff preferences or other advantages accorded by either Contracting Party resulting from its membership in economic cooperation schemes.

ARTICLE IV

In order to facilitate the development of trade exchanges between their two countries, the Contracting Parties shall, within the framework of their respective laws and regulations, allow the reciprocal organization in their territories, or permanent or temporary fairs and expositions and shall accord the necessary assistance for the organization and the operation of such fairs and expositions.

ARTICLE V

All payments between the two Contracting Parties shall be made in freely convertible currency, subject to the foreign exchange regulations effective in their respective countries.

ARTICLE VI

The provisions of this Agreement shall not limit the rights of either Contracting Party to adopt or execute measures:

1. for reasons of public health, morals, order or security;
2. for the protection of plants and animals against diseases;
3. to safeguard its external financial position and balance of payments, and
4. to prevent injury to domestic industries or the threat thereof.

ARTICLE VII

The Contracting Parties undertake to encourage and to facilitate, within the framework of their respective laws and regulations, the exchange of products between their two countries, in conformity with lists A and B, which are annexes to the present Agreement and which form an integral part thereof.

These lists are not restrictive. They may be modified by agreement of the Parties.

ARTICLE VIII

For purposes of the present Agreement, natural products extracted from the soil or harvested in the Republic of the Philippines as well as products manufactured in the Republic of the Philippines are considered Philippine products. 

Natural products extracted from the soil or harvested in Gabon as well as products manufactured in Gabon are considered Gabonese products.

ARTICLE IX

The Joint Commission set up by the General Accord of Cooperation between the Republic of the Philippines and the Gabonese Republic in Manila on 11 July 1976 shall supervise the implementation of the present Agreement.

ARTICLE X

The provisions of the present Agreement apply to all contracts which have been entered into during the period of its validity and which have not been fully completed at the time of its renunciation or termination.

ARTICLE XI

Each Contracting Party may request for the amendment of the entirely or part of the present Agreement. 

The portions of the Agreement revised or amended by common agreement will enter into force upon their approval by the Contracting Parties.

ARTICLE XII

The present Agreement, valid for a period of five (5) years, will enter into force after the exchange of instruments of ratification. It will however be provisionally applicable upon its signature. 

It shall automatically continue to be valid by tacit renewal, unless one of the Contracting Parties decides to terminate it in writing six (6) months before the date of its expiration.

DONE in Libreville on 11 September 1976 in four (4) original copies; two in English and two in French, all texts being equally authentic.

Entry into Force: March 28, 1981