RP-US VISITING
FORCES
AGREEMENT(US
Armed Forces Personnel Visiting the Philippines)FULL
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VISITING FORCES AGREEMENT BETWEEN THE PHILIPPINES AND U.S.A.[VFA]
AGREEMENT Between theGOVERNMENT OF THEREPUBLIC OF THE
PHILIPPINESand theGOVERNMENT OF
THE UNITED
STATES OF AMERICA
Regarding the
Treatment
of United States Armed Forces Visiting the Philippines
Preamble
The Government of the United
States of America and the Government of the Republic of the Philippines,
Reaffirming their
faith
in the purposes and principles of the Charter of the United Nations and
their desire to strengthen international and regional security in the
Pacific
area;
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;
Considering that
cooperation
between the United States and the Republic of the Philippines promotes
their common security interests;
Recognizing the
desirability
of defining the treatment of United States personnel visiting the
Republic
of the Philippines;
Have agreed as
follows:
Article IDefinitions 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 IIRespect 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. The
Government of the United States shall take all measures within its
authority
to ensure that this is done.Article IIIEntry and
Departure 1. The Government of the
Philippines shall facilitate the admission of United States personnel
and
their departure from the Philippines in connection with activities
covered
by this agreement. 2. United States
military
personnel shall be exempt from passport and visa regulations upon
entering
and departing the Philippines. 3. The following
documents
only, which shall be presented on demand, shall be required in respect
of United States military personnel who enter the Philippines: (a) personal
identity card
issued by the appropriate United States authority showing full name,
date
of birth, rank or grade and service number (if any), branch of service
and photograph; and (b) individual or
collective
document issued by the appropriate United States authority, authorizing
the travel or visit and identifying the individual or group as United
States
military personnel. (c) the commanding
officer
of a military aircraft or vessel shall present a declaration of health,
and when required by the cognizant representative of the Government of
the Philippines, shall conduct a quarantine inspection and will certify
that the aircraft or vessel is free from quarantinable diseases. Any
quarantine
inspection of United States aircraft, or vessels, or cargoes thereon,
shall
be conducted by the United States commanding officer in accordance with
the international health regulations as promulgated by the World Health
Organization, and mutually agreed procedures. 4. United States
civilian
personnel shall be exempt from visa requirements but shall present,
upon
demand, valid passports upon entry and departure of the Philippines. 5. If the Government of
the Philippines has requested the removal of any United States
personnel
from its territory, the United States authorities shall be responsible
for receiving the person concerned within its own territory or
otherwise
disposing of said person outside of the Philippines.Article IVDriving and
Vehicle
Registration 1. Philippine
authorities
shall accept as valid, without test or fee, a driving permit or license
issued by the appropriate United States authority to United States
personnel
for the operation of military or official vehicles. 2. Vehicles owned by the
Government of the United States need not be registered, but shall have
appropriate markings. Article VCriminal
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. (b) United States
military
authorities shall have the right to exercise within the Philippines all
criminal and disciplinary jurisdiction conferred on them by the
military
law of the United States over United States personnel in 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.(b) United States
military
authorities shall have the primary right to exercise jurisdiction over
United States personnel subject to the military law of the United
States
in relation to:
(1) offenses solely
against
the property or security of the United States or offenses solely
against
the property or person of United States personnel; and
(2) offenses
arising out
of any act or omission done in performance of official duty.
(c) The authorities
of
either government may request the authorities of the other government
to
waive their primary right to exercise jurisdiction in a particular case. (d) Recognizing the
responsibility
of the United States military authorities to maintain good order and
discipline
among their forces, Philippine authorities will, upon request by the
United
States, waive their primary right to exercise jurisdiction except in
cases
of particular importance to the Philippines. If the Government of the
Philippines
determines that the case is of particular importance, it shall
communicate
such determination to the United States authorities within twenty (20)
days after the Philippine authorities receive the United States request. (e) When the United
States
military commander determines that an offense charged by authorities of
the Philippines against United States personnel arises out of an act or
omission done in the performance of official duty, the commander will
issue
a certificate setting forth such determination. This certificate will
be
transmitted to the appropriate authorities of the Philippines and will
constitute sufficient proof of performance of official duty for the
purposes
of paragraph 3(b)(2) of this article. In those cases where the
Government
of the Philippines believes the circumstances of the case require a
review
of the duty certificate, United States military authorities and
Philippine
authorities shall consult immediately. Philippine authorities at the
highest
levels may also present any information bearing on its validity. United
States military authorities shall take full account of the Philippine
position.
Where appropriate, United States military authorities will take
disciplinary
or other action against offenders in official duty cases, and notify
the
Government of the Philippines of the actions taken. (f) If the
government having
the primary right does not exercise jurisdiction, it shall notify the
authorities
of the other government as soon as possible. (g) The authorities
of
the Philippines and the United States shall notify each other of the
disposition
of all cases in which both the authorities of the Philippines and the
United
States have the right to exercise jurisdiction. 4. Within the scope of
their
legal competence, the authorities of the Philippines and the United
States
shall assist each other in the arrest of United States personnel in the
Philippines and in handing them over to authorities who are to exercise
jurisdiction in accordance with the provisions of this article. 5. United States
military
authorities shall promptly notify Philippine authorities of the arrest
or detention of United States personnel who are subject to Philippine
primary
or exclusive jurisdiction. Philippine authorities shall promptly notify
United States military authorities of the arrest or detention of any
United
States personnel. 6. The custody of any
United
States personnel over whom the Philippines is to exercise jurisdiction
shall immediately reside with United States military authorities, if
they
so request, from the commission of the offense until completion of all
judicial proceedings. United States military authorities shall, upon
formal
notification by the Philippine authorities and without delay, make such
personnel available to those authorities in time for any investigative
or judicial proceedings relating to the offense with which the person
has
been charged. In extraordinary cases, the Philippine Government shall
present
its position to the United States Government regarding custody, which
the
United States Government shall take into full account. In the event
Philippine
judicial proceedings are not completed within one year, the United
States
shall be relieved of any obligations under this paragraph. The one year
period will not include the time necessary to appeal. Also, the one
year
period will not include any time during which scheduled trial
procedures
are delayed because United States authorities, after timely
notification
by Philippine authorities to arrange for the presence of the accused,
fail
to do so. 7. Within the scope of
their
legal authority, United States and Philippine authorities shall assist
each other in the carrying out of all necessary investigations into
offenses
and shall cooperate in providing for the attendance of witnesses and in
the collection and production of evidence, including seizure and, in
proper
cases, the delivery of objects connected with an offense. 8. When United States
personnel
have been tried in accordance with the provisions of this article and
have
been acquitted or have been convicted and are serving, or have served
their
sentence, or have had their sentence remitted or suspended, or have
been
pardoned, they may not be tried again for the same offense in the
Philippines.
Nothing in this paragraph, however, shall prevent United States
military
authorities from trying United States personnel for any violation of
rules
of discipline arising from the act or omission which constituted an
offense
for which they were tried by Philippine authorities. 9. When United States
personnel
are detained, taken into custody, or prosecuted by Philippine
authorities,
they shall be accorded all procedural safeguards established by the law
of the Philippines. At the minimum, United States personnel shall be
entitled: (a) To a prompt and
speedy
trial; (b) To be informed in
advance
of trial of the specific charge or charges made against them and to
have
reasonable time to prepare a defense; (c) To be confronted
with
witnesses against them and to cross examine such witnesses; (d) To present evidence
in their defense and to have compulsory process for obtaining witnesses; (e) To have free
and assisted
legal representation of their own choice on the same basis as nationals
of the Philippines; (f) To have the
services
of a competent interpreter; (g) To communicate
promptly
with and to be visited regularly by United States authorities, and to
have
such authorities present at all judicial proceedings. These proceedings
shall be public unless the court, in accordance with Philippine law,
excludes
persons who have no role in the proceedings.10. The confinement or
detention
by Philippine authorities of United States personnel shall be carried
out
in facilities agreed on by appropriate Philippine and United States
authorities.
United States personnel serving sentences in the Philippines shall have
the right to visits and material assistance. 11. United States
personnel
shall be subject to trial only in Philippine courts of ordinary
jurisdiction,
and shall not be subject to the jurisdiction of Philippine military or
religious courts. Article VIClaims 1. Except for
contractual
arrangements, including United States foreign military sales letters of
offer and acceptance and leases of military equipment, both governments
waive any and all claims against each other for damage, loss or
destruction to property of each other's armed forces or for death or
injury
to their military and civilian personnel arising from activities to
which
this aggreement applies. 2. For claims against
the
United States, other than contractual claims and those to which
paragraph
1 applies, the United States Government, in accordance with United
States
law regarding foreign claims, will pay just and reasonable compensation
in settlement of meritorious claims for damage, loss, personal injury
or
death, caused by acts or omissions of United States personnel, or
otherwise
incident to the non-combat activities of the United States forces. Article VIIImportation and
Exportation1. United States
Government
equipment, materials, supplies, and other property imported into or
acquired
in the Philippines by or on behalf of the United States armed forces in
connection with activities to which this agreement applies, shall be
free
of all Philippine duties, taxes and other similar charges. Title to
such
property shall remain with the United States, which may remove such
property
from the Philippines at any time, free from export duties, taxes, and
other
similar charges. The exemptions provided in this paragraph shall also
extend
to any duty, tax, or other similar charges which would otherwise be
assessed
upon such property after importation into, or acquisition within, the
Philippines.
Such property may be removed from the Philippines, or disposed of
therein,
provided that disposition of such property in the Philippines to
persons
or entities not entitled to exemption from applicable taxes and duties
shall be subject to payment of such taxes, and duties and prior
approval
of the Philippine Government. 2. Reasonable quantities
of personal baggage, personal effects, and other property for the
personal
use of United States personnel may be imported into and used in the
Philippines
free of all duties, taxes and other similar charges during the period
of
their temporary stay in the Philippines. Transfers to persons or
entities
in the Philippines not entitled to import privileges may only be made
upon
prior approval of the appropriate Philippine authorities including
payment
by the recipient of applicable duties and taxes imposed in accordance
with
the laws of the Philippines. The exportation of such property and of
property
acquired in the Philippines by United States personnel shall be free of
all Philippine duties, taxes, and other similar charges. Article VIII Movement
of Vessels
and Aircraft 1. Aircraft operated by
or for the United States armed forces may enter the Philippines upon
approval
of the Government of the Philippines in accordance with procedures
stipulated
in implementing arrangements. 2. Vessels operated by
or
for the United States armed forces may enter the Philippines upon
approval
of the Government of the Philippines. The movement of vessels shall be
in accordance with international custom and practice governing such
vessels,
and such agreed implementing arrangements as necessary. 3. Vehicles, vessels,
and
aircraft operated by or for the United States armed forces shall not be
subject to the payment of landing or port fees, navigation or
overflight
charges, or tolls or other use charges, including light and harbor
dues,
while in the Philippines. Aircraft operated by or for the United States
armed forces shall observe local air traffic control regulations while
in the Philippines. Vessels owned or operated by the United States
solely
on United States Government non-commercial service shall not be subject
to compulsory pilotage at Philippine ports.Article IXDuration and
Termination This agreement shall
enter
into force on the date on which the parties have notified each other in
writing through the diplomatic channel that they have completed their
constitutional
requirements for entry into force. This agreement shall remain in force
until the expiration of 180 days from the date on which either party
gives
the other party notice in writing that it desires to terminate the
agreement.
IN WITNESS WHEREOF the undersigned,
being duly authorized by their respective governments, have signed this
agreement. DONE in duplicate at
Manila,
The Philippines, this 10th day of February, 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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