The Indonesian National Police and the Philippine National Police, hereinafter referred to as the Parties ;

Transcription

1 MEMORANDUM OF UNDERSTANDING BETWEEN THE INDONESIAN NATIONAL POLICE AND THE PHILIPPINE NATIONAL POLICE ON COOPERATION IN PREVENTING AND COMBATING TRANSNATIONAL CRIMES The Indonesian National Police and the Philippine National Police, hereinafter referred to as the Parties ; DESIRING to further develop cooperation between the Parties in the spirit of partnership and the framework of ASEANAPOL; CONCERNED by the increasing threat of transnational crimes; REALIZING the need for effective cooperation between the Parties for the law enforcement in preventing and combating crimes; BEARING IN MIND the Joint Communique of 25th ASEAN Chief of Police Conference (ASEANAPOL) held in Denpasar, Bali, Indonesia on May 2005; Pursuant to the prevailing laws and regulations in their respective countries; Have agreed as follows: Article 1 DEFINITIONS 1 / 6

2 For the purpose of this Memorandum of Understanding, the following terms shall be defined as follows: 1. Transnational Crimes refer to crimes stated in the Joint Communique of 25 th ASEAN Chief of Police Conference (ASEANAPOL) held in Denpasar, Bali, Indonesia, which include: illicit drugs trafficking, terrorism, arms smuggling, human trafficking, maritime fraud, cyber crimes, money laundering, commercial crimes, bank offenses, card fraud and fraudulent travel documents. 2. Intelligence information means information needed in crime prevention and in the investigation process of crimes committed. 3. Joint activities mean any activity carried out by the Parties in order to prevent and combat transnational crimes. 4. Joint Committee means a group of individuals nominated by the parties for the purpose of formulating policies and procedures to combat and prevent transnational crimes within the framework of this Memorandum of Understanding. Article 2 GENERAL PROVISIONS 1. The implementation of this Memorandum of Understanding shall respect the principles of sovereignty, territorial integrity, non-interference in internal affairs, equality and mutual benefit. 2. Neither Party shall exercise in the other Party's territory any competence or functions that exclusively belongs to the latter Party's authority, in furtherance to national sovereignty and international law. Article 3 OBJECTIVES 1. The objective of this Memorandum of Understanding is to promote the existing cooperation between the Parties, particularly in preventing and combating transnational crimes. 2. This Memorandum of Understanding aims to build cooperation between the Parties in preventing and combating crimes as agreed upon in the Joint Communique of 25th ASEANAPOL. 2 / 6

3 Article 4 AREAS OF COOPERATION The Parties shall cooperate in preventing and combating transnational crimes, in particular criminal acts relating to: 1. Illicit Drug Trafficking; 2. Terrorism; 3. Arms Smuggling; 4. Human Trafficking; 5. Maritime Fraud; 6. Commercial Crimes, Bank Offenses and Credit Card Frauds; 7. Cyber-crimes; 8. Money laundering; 9. Fraudulent Travel Documents; 10. Transnational Frauds; and 11. Other types of crimes not covered in this MOU that both parties may be subsequently determined as necessary. Article 5 FORMS OF COOPERATION For the implementation of this Memorandum of Understanding, the Parties shall: 1. Exchange intelligence information and documents, in compliance with national legislation and within the limits of their responsibility; 2. Undertake coordinated police activities in accordance with existing laws and within the limits of their authority to prevent and combat transnational crimes; 3. Cooperate in capacity building, including exchange of personnel for training and education; 4. Establish a Joint Committee responsible for the implementation of this Memorandum of Understanding. 5. Cooperate in other forms of activity as may be mutually agreed upon by the Parties. Article 6 EXCHANGE OF INTELLIGENCE INFORMATION 3 / 6

4 1. The use of every intelligence information, written as well as, provided within the frame work of this Memorandum of Understanding, shall comply with the confidentiality requirements as determined by both Parties. 2. Each Party shall take every necessary measure to ensure the confidentiality of all intelligence information in accordance with the objective of this Memorandum of Understanding. 3. Any intelligence information received within the framework of this Memorandum of Understanding shall not be transferred to a third Party without written approval of both Parties. Article 7 JOINT COMMITTEE 1. The Parties shall establish a Joint Committee composed of representatives from each Party, the number of which shall be determined by mutual consent of the Parties. 2. The Joint Committee shall be co-chaired by the Heads of the Indonesian and Philippine Committees who may create as many sub-committees as necessary to accomplish its task. 3. The task of the Joint Committee shall be as follows: 1. to formulate and recommend policies and procedures in preventing and combating transnational crimes; 2. to implement mutually agreed policies, programs, and activities; 3. to coordinate and monitor activities conducted within the framework of this Memorandum of understanding; 4. to evaluate policies, programs, and activities implemented for the purpose of enhancing and improving future programs. 5. The Joint Committee shall meet in plenary at least once every year alternately in Indonesia or the Philippines on a date and venue agreed upon by the Parties while members of the sub-committees may meet at anytime either in Indonesia or the Philippines as necessary. 6. The composition for the Joint Committee from Indonesian side appears as Annex 1 while that of the Philippine side appears as Annex 2 of this MOU. Article 8 PUBLICATION TO THE MEDIA 1. Publication to the media, individually or jointly, shall be coordinated to safeguard the 4 / 6

5 interest of both Parties. 2. Publication to the media shall be directed towards enhancing public awareness on efforts of both Parties to suppress and discourage commission of criminal acts. Article 9 FUNDING Each Party shall defray its own expense that may be incurred in the implementation of this Memorandum of Understanding. Article 10 REFUSAL OF COOPERATION In the event that the implementation of this Memorandum of Understanding violates the sovereignty of the States of any Party or poses a threat to its security, or otherwise prejudice its crucial interest or laws and regulations, each Party can derogate some areas of cooperation or suspend to cooperate altogether. Article 11 INTERNATIONAL OBLIGATION The Provisions of this Memorandum of Understanding shall not prejudice any international agreement to which the Republic of Indonesia or the Republic of the Philippines is a Party. Article 12 AMENDMENT This Memorandum of Understanding may be revised or amended by mutual consent of the Parties. Such revision or amendment shall enter into force on such a date as may be determined by the Parties. 5 / 6

6 Article 13 SETTLEMENT OF DISPUTES Any matter arising from the interpretation, application or implementation of this Memorandum of Understanding shall be resolve by the Joint Committee. In the event that the Joint Committee could not resolve an issue, same shall be elevated to the Chief of INP and PNP for resolution. Article 14 ENTRY INTO FORCE, DURATION, AND TERMINATION 1. This Memorandum of Understanding shall enter into force on the date of its signing. 2. This Memorandum of Understanding shall remain in force for a period of five (5) years and may be renewed by mutual consent in writing by the Parties. 3. Either Party may terminate this Memorandum of Understanding at any time before its expiration by giving written notice to the other Party at least three (3) months prior to such termination. IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed the present Memorandum of Understanding. DONE in duplicate at Jakarta on the eighteen day of November in the year two thousand and five, in the Indonesian and English languages, both texts being equally authentic. In case of any divergence of interpretation, the English text shall prevail. 6 / 6