RP-US VISITING
FORCES
AGREEMENT(Filipino
Personnel
Visiting the USA)FULL
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VISITING FORCES AGREEMENT BETWEEN THE PHILIPPINES AND U.S.A.[COMPLEMENTARY
AGREEMENT]
AGREEMENT Between theGOVERNMENT OF
THE UNITED
STATES OF AMERICAand theGOVERNMENT OF THEREPUBLIC OF THE
PHILIPPINES
Regarding the
Treatment
of Republic of the Philippines Personnel Visitingthe United
States of
America
Preamble
For the purpose of complementing
the Agreement Between the United States of America and the Republic of
the Philippines regarding the treatment of United States Armed Forces
visiting
the Philippines (hereinafter referred to as "the Visiting Forces
Agreement")
the two Governments have agreed as follows with respect to Republic of
the Philippines personnel in the United States:
Article IDefinitions
In this Agreement:
(a) "members
of the
force" means the military personnel belonging to the Republic of the
Philippines
armed forces who are in the United States in connection with their
official
duties, including ship and aircraft visits;
(b) "members of the
civilian
component" means civilian personnel who are in the United States in
connection
with their employment by the Republic of the Philippines armed forces,
and who are not stateless persons, nor nationals of, nor ordinarily
resident
in the United States;
(c) "dependent" means
the
spouse, child, or other immediate family member of the household of a
member
of the force or civilian component who is dependent on that member
financially,
legally or for reasons of health; and
(d) "Republic of the
Philippines
personnel" means members of the force, members of the civilian
component,
and dependents, as defined in the preceding provisions of this Article. Article IIApplicability
This Agreement shall
apply to
Republic of the Philippines personnel who are sent to or through the
United
States for mutually agreed: (1) ship and aircraft visits, (2) military
exercises, (3) training, (4) joint Government-approved research and
development
projects, and (5) other mutually agreed military activities which
involve
the sending of Republic of the Philippines personnel to or through the
United States. It also applies to Republic of the Philippines personnel
to or through the United States. It also applies to Republic of the
Philippines
personnel sent to the United States in support of such activities. Article IIIRespect for Law
in the
United States
It is the duty of the
Republic
of the Philippines personnel to respect the laws of the United States
and
to abstain from any activity inconsistent with the spirit of this
Agreement,
and, in particular, from any political activity. Article IVEntry and
Departure
1. (a) The Embassy of
the United
States of America will issue visas, valid for multiple entries, to
Republic
of the Philippines personnel travelling to the United States on
official
duty. In the visa application process, Republic of the Philippines
personnel
shall be exempt from completing the non-immigrant visa application
form,
but shall be subjected to a determination of identity and proper
documentation.
Apart from exceptional cases, the Embassy will issue the visa the same
day it is requested, and without requiring that the applicant apply for
it in person.
(b) When
emergencies
arise, the Embassy will undertake to facilitate entry to the United
States
of Republic of the Philippines personnel without passport or visa.
(c) The Embassy will
also
undertake to facilitate the entry without passport or visa of groups of
members of the force when such personnel are entering and leaving the
United
States through a single port of entry, and when such assistance is
requested
by the Government of the Republic of the Philippines.2. If United States
authorities
request the removal from United States territory of a member of the
force
or civilian component, or a dependent, the Government of the Republic
of
the Philippines shall be responsible for receiving the person concerned
within its own territory or otherwise disposing of said person outside
of the United States. If the status of a member of the force or
civilian
component, or a dependent, is changed, Republic of the Philippines
authorities
shall promptly inform United States authorities. 3. The Embassy reserves
the right to deny visas to persons who are ineligible for entry into
the
United States under the provisions of Unites States law. 4. The two Governments
will
cooperate to facilitate the implementation of this Article.
Article VDriving Licenses
1. In accordance with
the Geneva
Convention of Road Traffic of September 19, 1949, authorities in the
United
States shall accept as valid, without a driving test or fee, the
driving
permit or license issued by a competent authority in the Republic of
the
Philippines to Republic of the Philippines personnel. 2. The use in the United
States of the driving license referred to in this Article shall be
subject
to such temporary or permanent suspensions as may be decided by United
States judicial or administrative authorities in accordance with
applicable
laws, as a consequence of traffic violations committed by the licensee.Article VIUniforms
Subject to any
arrangements
between the authorities of the United States and the Republic of the
Philippines,
the wearing of uniforms and civilian dress shall be in accordance with
applicable Republic of the Philippines armed forces regulations. Article VIIBearing of Arms
1. Members of the force,
and
other personnel as agreed, may possess and carry arms at United States
military installations while on duty, on the condition that they are
authorized
to do so by their orders. Except when special documentation arranged by
the two Governments provides for civilian dress, members of the force
shall
be in uniform when in possession of or carrying arms. Republic of the
Philippines
military authorities shall give sympathetic consideration to requests
by
the Government of the United States concerning this matter. 2. Except as mutually
agreed,
this authorization does not confer a right of access to United States
military
installations while bearing arms where doing so is prohibited. Article VIIICriminal
Jurisdiction
1. For the sole purpose
of determining
whether an act or omission is a punishable offense under the law of the
United States, or under the military law of the Republic of the
Philippines,
or both, the interpretation of by the Republic of the Philippines
authorities
shall be accepted by the Government of the United States, and the
interpretation
of the law of the United States by the authorities of the Government of
the United States shall be accepted by the Government of the Republic
of
the Philippines. 2. When so requested in
a particular case by the Government of the Republic of the Philippines,
the United States Department of State or Department of Defense will ask
the appropriate authorities in the United States having jurisdiction
over
an offense committed by Republic of the Philippines personnel to waive
in favor of the Republic of the Philippines their right to exercise
jurisdiction,
except in cases where the Department of State and the Department of
Defense,
after special consideration, determine that United States interests
require
the exercise of United States federal or state jurisdiction. 3. When authorities of
the
Government of the United States become aware of the apprehension,
arrest
or detention of any Republic of the Philippines personnel, they shall
promptly
notify Republic of the Philippines authorities. Responsible authorities
in the states concerned will be requested to make such information
available
promptly to the Government of the United States. 4. When Republic of the
Philippines personnel are detained, taken into custody, or prosecuted
by
authorities in the United States, they shall be accorded all procedural
guarantees established by applicable United States federal or state
law,
including the right:
(a) to have prompt
access
to, and to be represented by, legal counsel of their choice, qualified
in accordance with United States federal or state law;(b) to have free or
assisted
legal representation on the same basis as citizens of the United States;(c) to communicate
promptly
with and to be visited regularly by Republic of the Philippines
authorities,
to have such authorities present at all judicial proceedings, and to
receive
assistance deemed by such authorities to be desirable;(d) to have the
services
of a competent interpreter;(e) to seek a writ
of habeas
corpus;(f) to have the
right to
bail, subject to pertinent federal and state law, and a prompt and
speedy
trial;(g) to be informed,
in
advance of trial, of the specific charge or charges made against them;(h) to be
confronted by
the witnesses against them and to cross-examine such witnesses, subject
to exceptions existing in applicable rules of evidence;(i) to present
evidence
on their behalf, including the right to have compulsory process for
obtaining
witnesses in their favor if such witnesses are within the jurisdiction
of the United States or the state concerned;(j) not to be
prosecuted
for a criminal offense as a result of any act or omission which did not
constitute a criminal offense under United States federal or state law
at the time it was committed;(k) to be present
at their
trial;(l) to have trials
open
to the public unless the court, in accordance with applicable United
States
federal or state law, excludes persons who have no role in the
proceedings;(m) not to be
compelled
to testify against themselves;(n) at the
discretion of
the judge or other competent authority, to have credited to any
sentence
of confinement any period of pretrial detention by either Party; and(o) to be visited
regularly
by members of their immediate family in accordance with applicable
United
States or state penal procedures.
5. Republic of the
Philippines
personnel shall not be subject to prosecution by United States military
courts or tribunals. If such personnel are detained on a United States
military installation, they shall be immediately turned over to
appropriate
United States civilian or Republic of the Philippines authorities. 6. Upon request of
Philippine
authorities that such assistance is necessary for the maintenance and
discipline
of its forces in the United States, and upon a finding and declaration
to this effect by the President of the United States, the Government of
the United States shall give effect to the provision of United States
law
regarding Service courts of friendly foreign forces. Article IXConfinement and
Visitation 1. Confinement imposed
by a
United States federal or state court upon Republic of the Philippines
personnel
shall be served in penal institutions in the United States suitable for
the custody level of the prisoners chosen after consultation between
the
two governments. 2. Republic of the
Philippines
personnel shall not be subject to confinement in United States military
confinement facilities, except that members of the force may be so
confined
at the request of Republic of the Philippines military authorities. 3. In accordance with
pertinent
state and federal law and regulations, including prison regulations,
the
authorities of the Republic of the Philippines may visit the persons
referred
to in paragraph 1 of this Article, and provide them with appropriate
material
assistance. Article XPersonal Tax
Exemptions The acquisition of goods
and
services in the United States market by Republic of the Philippines
personnel
for personal purposes shall be subject to applicable United States
taxes.
Republic of the Philippines personnel will not be required to pay any
tax
to the Government of the United States on the ownership, possession, or
use of their tangible movable property entered into the United States
for
their personal and exclusive use. The official salaries and emoluments
of Republic of the Philippines personnel who are not citizens of the
United
States shall be exempt from payment of income taxes to the Government
of
the United States. Article XIImports and
Exports 1. The baggage and
effects of
Republic of the Philippines personnel and articles, including household
goods, for the personal and family use of such personnel may be entered
into the United States within six months of first arrival without the
payment
of duties, internal revenue taxes and other charges to the Government
of
the United States. Such property shall, without prejudice to the
exemptions
provided by this Article, be considered as temporarily imported
property.
It may be transferred only to persons in the United States entitled to
import such property duty-free, unless other transfer or use is agreed
upon by the appropriate United States authorities. Such property may
also
be exported from the United States without payment of duties. 2. Property of the
Republic
of the Philippines and other property imported into or acquired in the
United States by or on behalf of the Republic of the Philippines Armed
Forces in connection with official duties may be imported into, used
within
and exported from the United States for official purposes by the
Republic
of the Philippines armed forces, without the payment of duties,
internal
revenue taxes and other charges to the Government of the United States. 3. Members of the force
and members of the civilian component may import free of duties,
internal
revenue taxes and other charges to the Government of the United States
private motor vehicles for the personal use of themselves and their
immediate
family during their temporary presence in the United States. Private
motor
vehicles so imported shall, consistent with United States law, be
exempt
from environmental and safety standards established by United States
federal
laws and regulations. Any disposition of such private motor vehicles in
the United States shall be in accordance with applicable federal or
state
law of the United States. Such private motor vehicles may be exported
from
the United States without the payment of taxes, duties, or other
similar
charges to the Government of the United States. 4. United States and
Republic
of the Philippines authorities will cooperate in making any necessary
arrangements
to effect the provisions of this Article. Article XIIEntry into and
Use of
Military Facilities, Identity Cards 1. The Government of the
United
States will grant to Republic of the Philippines personnel the use of
military
facilities in the United States under such favorable terms and
conditions
as are permitted by United States law and regulations. 2. (a) United States
authorities
will issue Republic of the Philippines personnel appropriate identity
cards. (b) These cards will
permit
entry into and use of authorized military facilities in the United
States. Article XIIIUse of Welfare
and Recreational
Facilities In accordance with
United States
laws and regulations, Republic of the Philippines personnel may utilize
the military service exchanges, commissaries, and cultural and
recreational
organizations of the United States armed services. Article XIVHealth Care Pursuant to separate
arrangements
between the two Governments, the United States Department of Defense
will
provide health care to Republic of the Philippines personnel in
Department
of Defense medical treatment facilities in the United States
corresponding
to the health care provided to comparable United States personnel in
the
Republic of the Philippines. Article XVUse of
Transportation
Facilities Vehicles, vessels and
aircraft
by the Government of the Republic of the Philippines shall not be
subject
to the payment of landing or port fees, navigation or overflight
charges,
road tolls or any other charges for the use of United States military
installations
which do not constitute fair and reasonable charges for services
requested
and received. Article XVIUse of Utilities
and
Services The United States
military
authorities will, upon request, and under appropriate circumstances,
assist
Republic of the Philippines authorities in obtaining use of necessary
utilities.
The term "utilities" shall include electricity, gas, water, heat,
light,
power, sewage disposal, telephone and other utilities. Article XVIIEmbassy and
Consulate
Personnel Republic of the
Philippines
personnel assigned to the Embassy of the Republic of the Philippines
shall
continue to receive any privileges and immunities to which they are
entitled
under the Vienna Convention on Diplomatic Relations, and Republic of
the
Philippines personnel assigned to a Republic of the Philippines
consulate
shall continue to receive any privileges and immunities to which they
are
entitled under customary international law. Article XVIIISecurity The Parties will
cooperate
in matters of security, including security for personnel and property
covered
by this Agreement. Article XIXSupplementary
Arrangements Consistent with the
provisions
of this Agreement, supplementary arrangements for its implementation
may
be concluded, as required, between appropriate authorities of the
Parties. Article XX This Agreement will
enter into
force simultaneously with the Visiting Forces Agreement and will
continue
in force as long as such agreement remains in force. Done at Manila, The
Philippines,
this ninth day of October, 1998.
FOR
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
Thomas C. Hubbard |
FOR
THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES
Domingo L. Siazon,
Jr. |
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