MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE UNITED ARAB EMIRATES ON COOPERATION IN COMBATING HUMAN TRAFFICKING

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PREAMBLE
The Government of the Republic of the Philippines and the Government of the United Arab Emirates, hereinafter referred to as the Participants;

RECOGNIZING the importance of cooperation between the competent authorities of the Participants in combating human trafficking;

ACKNOWLEDGING that human trafficking is caused by a combination of factors, including, organized criminal group and the demand side that fosters all forms of exploitation of persons that leads to human trafficking;

RECALLING the United Nations Convention Against Transnational Organized Crime (UNTOC) and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol) with a view to strengthening the preventive and protection aspects of human trafficking;

REALIZING the necessity of the concerted efforts of the Participants to take measures to combat human trafficking crimes and to enforce the penalties against the offenders;

AFFIRMING the Participants’ conviction to work on promoting cooperation regarding the prevention and suppression of this crime,

HAVE COME TO THE FOLLOWING UNDERSTANDING:

Paragraph 1
DEFINITION [HUMAN TRAFFICKING]
The Participants agree that the definition of human trafficking is the same as trafficking in persons as defined in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol).

Paragraph 2
SCOPE OF COOPERATION
The Participants, within their competencies, will take measures and adopt procedures to combat human trafficking, including the following:

  1. To establish a mechanism for efficient, regular and transparent contact and exchange of information;
  2. To share best practices in combatting human trafficking;
  3. To exchange skills, knowledge and expertise related to the prevention and awareness of human trafficking and protection of trafficking victims, and support research and studies in this area;
  4. To promote safety, human rights and best interest of trafficking victims within the legal framework of the Participants, including the development of appropriate care, protection and support for victims of trafficking;
  5. To provide each one the widest cooperation and assistance in repatriation and rehabilitation of victims of trafficking which should be done as expeditiously as possible;
  6. To develop and utilize appropriate procedures for the rescue, protection, recovery and repatriation of victims of trafficking, in accordance with domestic laws, with particular attention to child victims; and
  7. Other forms of co-operation as agreed upon by the Participants, including consultation meetings between the Participants.

Paragraph 3
CONTACT POINTS
In the implementation of the provisions of this MOU, the contact points will be:

  1. For the Republic of the Philippines, the Inter-Agency Council Against Trafficking (IACAT);
  2. For the United Arab Emirates, National Committee to Combat Human Trafficking. 

Paragraph 4
EXCHANGE OF INFORMATION AND CONFIDENTIALITY
The Participants will exchange relevant information and share their experience regarding national legislation to combat human trafficking. The exchange of any information will be made pursuant to domestic laws of the respective countries relating to privacy.

The Participants understand that any information or documents received by each Participant under this MOU are provided pursuant to a strict understanding of confidentiality.

Paragraph 5
INTERPRETATION AND LEGALITY

  1. The Participants intend to resolve any difference in the interpretation and application of this MOU through consultation between the Participants.
  2. This MOU is not a legally binding agreement, nor it is a formal expression of a legally binding agreement, but it is an expression of the purpose and intent of the Participants.
  3. This MOU does not affect the rights and obligations of the Participants arising from international conventions and agreements to which any or both are Parties to.

Paragraph 6
EFFECTIVITY AND TERMINATION

  1. This MOU will take effect on the date of its signature and will remain in effect, unless either Participant notifies the other Participant in writing of its intention to terminate it. Such termination will take effect after ninety (90) days from the date of the receipt of the last written notification of the other Participant through diplomatic channels.
  2. The Participants will regularly review the implementation of this MOU and revise the MOU if necessary, to further strengthen cooperation between the Participants. Any such revision is aimed towards improving and refining the direct cooperation between the Participants.
  3. The Participants may modify this MOU to further strengthen cooperation upon mutual written consent by the Participants.

Paragraph 7
FINAL PROVISIONS

  1. The English language will be adopted in the implementation and explanation of the provisions of this MOU. In case of exchange of information in another language, an English translated version should be attached.
  2. Each Participant will bear their own costs and expenses resulting from the implementation of the provisions of this MOU, except those which are agreed upon under separate arrangements.

DONE in New York City, on this 26th day of September, 2019, in two (2) original copies, each in the English and Arabic languages, both texts being equally authentic.

For the Government of the
Republic of the Philippines
(Sgd.)
For the Government of the
United Arab Emirates
(Sgd.)


Entry into Force: September 26, 2019

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