AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF HIS MAJESTY THE SULTAN AND YANG DI-PERTUAN OF BRUNEI DARUSSALAM ON CULTURAL COOPERATION
Desirous of strengthening the friendly relations and shared values between their respective peoples;
Determined to translate these bonds into specific cooperation instruments in order to further enhance their relations;
Acknowledging that culture and the arts are vital components of development, and that cooperation in these fields enhances institutional networking and people-to-people exchanges;
Have agreed as follows:
Article I
General Objective
The Parties agree to promote the development of mutually beneficial relationships in the fields of culture and arts on the basis of mutual respect for sovereignty and the laws and regulations in each country, and bearing in mind the interest of their peoples.
Article II
Scope of Cooperation
The Parties shall promote and enhance knowledge and understanding among their respective peoples of the visual, musical and performing arts, literature, cultural forms of expression and cultural activities of the other country through the means enumerated in the succeeding provisions.
Article III
Networking and Exchanges
- The Parties shall promote networking, exchanges, and reciprocal access between libraries, museums, archives, cultural agencies and establishments and other relevant institutions.
- The Parties shall encourage reciprocal visits of artists, experts, students and professionals for research, training, performances, exhibitions and participation in its cultural and artistic activities, and shall endeavor to provide the appropriate facilities to this end.
- The Parties shall also promote the establishment of contacts between creative organizations and cultural institutions, both in the public and private sectors.
- The Parties shall encourage exchange of visits by respective officials and experts in the fields of cultural and arts related matters, especially on tangible and intangible heritage as well as on the protection of the world cultural and natural heritage.
- The Parties shall promote active and friendly cooperation and mutual assistance in the fields of culture and arts within UNESCO and other international organizations.
Article IV
Dissemination of Information
- The Parties shall within its territory, encourage the dissemination of the literary, musical and artistic works of each Party.
- The Parties shall facilitate the exchange of information and materials on culture and the arts, including printed and audio-visual material.
- The Parties shall endeavor to promote networking and exchanges between libraries, museums, archives, cultural agencies and establishments.
Article V
Joint Commission
- The Parties shall form a Joint Commission, compromising of equal number of representatives appointed by each Party, which shall be responsible for monitoring the implementation of this Agreement and coordination of cooperation provided for therein, as well as consider the questions arising during the implementation of this Agreement.
- The Joint Commission shall meet alternately in both countries. The meeting time and location shall be agreed upon through diplomatic channels.
Article VI
Financial Arrangement
- Each Party shall bear its own expenses arising from the implementation of this Agreement unless otherwise jointly agreed upon by the Parties.
- Notwithstanding Paragraph 1 above, expenses incurred as a result of any of the joint activities specified in this Agreement shall be borne in a manner to be jointly agreed upon by the Parties on a case-by-case basis and subject to the availability of funds and personnel.
Article VII
Intellectual Property Rights
- The protection of intellectual property rights shall be enforced in conformity with the respective national laws and regulations of the Parties and with the other international agreements to which the Parties are party to.
- The use of the name, logo, and/or official emblem of any of the Parties on any publication, documents and/or paper is prohibited without the prior written approval of either Party.
- Notwithstanding anything in Paragraph 1 above, the intellectual property rights in respect of any works carried out:
3.1Jointly by the Parties obtained through the joint activity of the Parties shall be determined on a case-by-case basis.3.2Solely and separately by either Party obtained through the sole and separate effort of a Party, shall be solely owned by the respective Party concerned.
Article VIII
Confidentiality
Neither Party shall disclose or distribute any confidential information, document, data received or supplied to the other Party as a result of er in the course of discussions leading up to the implementation of this Agreement or any agreement pursuant to this Agreement, except to the extent as authorized in writing by the Party. For avoidance of doubt, this Article shall continue to have force notwithstanding the termination or expiration of this Agreement.
Article IX
Implementing Arrangements
The Parties may enter into subsequent programs of cooperation detailing the specific arrangements for the implementation of this Agreement.
Article X
Effect of this Agreement
This Agreement shall be considered as a general framework for cooperation between the Parties on cultural cooperation. No financial obligations shall be borne on the part of each of the Parties. Except for Article VII (Intellectual Property Rights) and Article VIII (Confidentiality), this Agreement does not constitute or create any legally binding or enforceable obligations on the part of either Party.
Article XI
Settlement of Disputes
Any dispute between the Parties arising out of the interpretation or implementation of this Agreement shall be settled amicably through consultations or negotiations through diplomatic channels.
Article XII
Relation to International Agreements
This Agreement does not affect the rights and obligation of the Parties arising from other international agreements by which they are bound.
Article XIII
Amendment
This Agreement may be amended at any time by mutual written consent of the Parties. Such amendment shall come into effect on such date as may be determined by the Parties.
Article XIV
Effective Date
This Agreement shall enter into force on the date of receipt of the last written notification by which the Parties have notified each other, through diplomatic channels, that their internal legal requirements necessary fer its entry into force have been fulfilled.
Article XV
Duration and Termination
- This Agreement shall remain in full force and effect for a period of five (5) years, and shall be renewed for a similar period, unless a party officially notifies the other Party, through diplomatic channels, of its desire to suspend or terminate this Agreement. In such a case, this Agreement shall remain valid until sixty (60) days after the date on which one Party receives an official notification from the other Party expressing the desire of the latter to suspend or terminate the validity of this Agreement.
- The termination of this Agreement shall not affect the completion of any cooperative activity undertaken under this Agreement and not fully implemented at the time of termination of this Agreement, unless the Parties agree otherwise.
In witness thereof the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
Done at Manila, on 27th April 2017, in two originals each in the Malay and English languages, both texts being equally authentic. In the event of divergence of interpretation, the English text shall prevail.
THE REPUBLIC OF THE
PHILIPPINES
HIS MAJESTY THE SULTAN AND
YANG DI-PERTUAN OF BRUNEI DARUSSALAM
Chairman
National Commission of Culture and Arts
Minister at the Prime Minister’s Office
and Second Minister of Foreign Affairs and Trade
Entry into Force: March 27, 2018