FILES

AGREEMENT BETWEEN THE GOV'T OF THE REP. OF THE PHILIPPINES AND THE GOV'T OF THE UNITED STATES OF AMERICA ON ENHANCED DEFENSE COOPERATION

ENHANCED DEFENSE COOPERATION (EDCA)

ARTICLE 1

  • PURPOSE AND SCOPE

    A. Supporting the Parties’ shared goal of improving interoperability of the Parties’ forces, and for the Armed Forces of the PH (AFP), addressing short-term capabilities gaps, promoting long-term modernization, and helping maintain and develop additional maritime security, maritime domain awareness, and humanitarian assistance and disaster relief capabilities

    B. Authorizing access to Agreed Locations in the territory of the PH by US forces on a rotational basis, as mutually determined by the Parties.

    C. The Parties agree that the United States may undertake the following types of activities in the territory of the Philippines in relation to its access to and use of Agreed Locations: security cooperation exercises; joint and combined training activities; humanitarian assistance and disaster relief activities; and such other activities as may be agreed upon by the Parties.

ARTICLE II

  • DEFINITIONS

  1. "United States personnel" means United States military and civilian personnel temporarily in the territory of the Philippines in connection with activities approved by the Philippines, as those terms are defined in the VFA.

  2. "United States forces" means the entity comprising United States personnel and all property, equipment, and materiel of the United States Armed Forces present in the territory of the Philippines.

  3. "United States contractors" means companies and firms, and their employees, under contract or subcontract to or on behalf of the United States Department of Defense. United States contractors are not included as part of the definition of United States personnel in this Agreement, including within the context of the VFA.

  4. "Agreed Locations" means facilities and areas that are provided by the Government of the Philippines through the AFP and that United States forces, United States contractors, and others as mutually agreed, shall have the right to access and use pursuant to this Agreement. Such Agreed Locations may be listed in an annex to be appended to this Agreement, and may be further described in implementing arrangements.

  5. "Designated Authorities" means, respectively, the Philippine Department of National Defense, unless the Philippines otherwise provides written notice to the United States, and the United States Department of Defense, unless the United States otherwise provides written notice to the Philippines.

ARTICLE III

  • AGREED LOCATIONS

  1. With consideration of the views of the Parties, the PH hereby authorizes and agrees that US forces, US contractors, and vehicles, vessels, and aircrafts operated by or for US forces may conduct the following activities with respect to Agreed Locations: training, transit ; support and related activities ; refueling of aircraft ; bunkering of vessels ; temporary maintenance of vehicles, vessels, and aircraft ; temporary accomodation of personnel ; communications ; prepositioning of equipment, supplies, and materiel ; deploying forces and materiel ; and such other activities as the Parties may agree.

  2. Given the mutuality of benefits, the Parties agree that the PH shall make Agreed Locations available to United States forces withut rental or similar costs. US forces shall cover their necessary operational expenses with respect to their activities at the Agreed Locations.

ARTICLE V

  • OWNERSHIP

  1. The PH shall retain ownership of and title to Agreed Locations.

  2. The US shall return to the PH any Agreed Locations, or any portion thereof, including non-relocatable structures and assembles constructed, modified, or improved by the US, once no longer required by US forces for activities under this Agreement. The Parties or the Designated Authorities shall consult regarding the terms of return of any Agreed Locations, including possible compensation for improvements or construction.

  3. US forces and US contractors shall retain title to all equipment, materiel, supplies, relocatable structures, and other moveable property that have been imported into or acquired within the territory of the PH by or on behalf of US forces.

  4. All buildings, non-relocatable structures, and assemblies affixed to the land in the Agreed Locations, including ones altered or improved by US forces, remain the property of the PH. Permanent buildings constructed by US forces become the property of the PH, once constructed, but shall be used by US forces until no longer required by US forces.

MUTUAL DEFENSE TREATY BET. THE UNITED STATES AND THE REP. OF THE PHILIPPINES

AUGUST 30, 1951

MUTUAL DEFENSE TREATY (MDT)

The Parties to this Treaty,

  • Reaffirming their faith in the purposes and principles of the Charter of the United Nations and their desire to live in peace with all peoples and all Governments, and desiring to strengthen the fabric of peace in the Pacific Area,

  • Desiring to declare publicly and formally their sense of unity and their common determination to defend themselves against external armed attack, so that no potential aggressor could be under the illusion that either of them stands alone in the Pacific Area.

ARTICLE I

  • The Parties undertake, as set forth in the Charter of the United Nations, to settle any international disputes in which they may be involved by peaceful means in such a manner that international peace and security and justice are not endangered and to refrain in their international relations from the threat or use of force in any manner inconsistent with the purposes of the United Nations.

ARTICLE II

  • In order more effectively to achieve the objective of this Treaty, the Parties separately and jointly by self-help and mutual aid will maintain and develop their individual and collective capacity to resist armed attack.

ARTICLE IV

  • Each Party recognizes that an armed attack in the Pacific Area on either of the Parties would be dangerous to its own peace and safety and declares that it would act to meet the common dangers in accordance with its constitutional processes.

  • Any such armed attack and all measures taken as a result thereof shall be immediately reported to the Security Council of the United Nations. Such measures shall be terminated when the Security

  • Council has taken the measures necessary to restore and maintain international peace and security.

AGREEMENT BET. THE GOV’T OF THE REP. OF THE PHILIPPINES AND THE GOV’T OF THE UNITED STATES OF AMERICA REGARDING THE TREATMENT OF US ARMED FORCES VISITING THE PH

FEBRUARY 10, 1998

VISITING FORCES AGREEMENT (VFA)

Reaffirming their obligations under the Mutual Defense Treaty of August 30, 1951;

Noting that from time to time elements of the United States armed forces may visit the Republic of the Philippines;

ARTICLE I

  • DEFINITIONS

    As used in this Agreement, “United States personnel” means United States military and civilian personnel temporarily in the Philippines in connection with activities approved by the Philippine Government.

    Within this definition:

    1. The term “military personnel” refers to military members of the United States Army, Navy, Marine Corps, Air Force, and Coast Guard.

    2. The term “civilian personnel” refers to individuals who are neither nationals of nor ordinarily resident in the Philippines and who are employed by the United States armed forces or who are accompanying the United States armed forces, such as employees of the American Red Cross and the United Services Organization.

ARTICLE II

  • RESPECT FOR LAW

    It is the duty of United States personnel to respect the laws of the Republic of the Philippines and to abstain from any activity inconsistent with the spirit of this agreement, and, in particular, from any political activity in the Philippines.

ARTICLE V

  • CRIMINAL JURISDICTION

    1. Subject to the provisions of this article:

      (a) Philippine authorities shall have jurisdiction over United States personnel with respect to offenses committed within the Philippines and punishable under the law of the Philippines.

    2. (a) Philippine authorities exercise exclusive jurisdiction over United States personnel with respect to offenses, including offenses relating to the security of the Philippines, punishable under the laws of the Philippines, but not under the laws of the United States.

      (b) United States authorities exercise exclusive jurisdiction over United States personnel with respect to offenses, including offenses relating to the security of the United States, punishable under the laws of the United States, but not under the laws of the Philippines.

      (c) For the purposes of this paragraph and paragraph 3 of this article, an offense relating to security means:

      • (1) treason;

      • (2) sabotage, espionage or violation of any law relating to national defense.

    3. In cases where the right to exercise jurisdiction is concurrent, the following rules shall apply:

      (a) Philippine authorities shall have the primary right to exercise jurisdiction over all offenses committed by United States personnel, except in cases provided for in paragraphs l (b), 2 (b), and 3 (b) of this Article.