Статья 10«Соглашение между Правительством Российской Федерации и Правительством Республики Филиппины о военно-техническом сотрудничестве» [рус., англ.]

Вступление в силу, период и прекращение действия

Настоящее Соглашение вступает в силу с даты получения по дипломатическим каналам последнего письменного уведомления о завершении Сторонами внутригосударственных процедур, необходимых для вступления в силу настоящего Соглашения.

Настоящее Соглашение действует в течение пяти (5) лет. Оно автоматически продлевается на последующие 5-летние аналогичные периоды до тех пор, пока любая из Сторон не уведомит в письменном виде другую Сторону о своем намерении прекратить его действие не позднее чем за шесть (6) месяцев до истечения первоначального или любого последующего периода его действия.

Прекращение действия настоящего Соглашения не затрагивает выполнения действующих контрактов и других соглашений, заключенных в соответствии с настоящим Соглашением в течение срока его действия.

В случае прекращения действия настоящего Соглашения положения Статей 4, 5 и 6 остаются в силе.

Совершено в г. Кларк 24.10.2017 года в двух экземплярах, каждый на русском и английском языках, причем оба текста имеют одинаковую силу.

BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES ON MILITARY-TECHNICAL COOPERATION

(Clark, 24.X.2017)

The Government of the Russian Federation and the Government of the Republic of the Philippines, hereinafter referred to as the Parties,

Guided by the principles and rules of international law, as well as mutual desire to develop and strengthen friendly relations between the Russian Federation and the Republic of the Philippines,

Expressing readiness for cooperation in the military-technical area, based on mutual respect, trust and respect for the interests of each of the Parties,

Have agreed as follows:

The Parties shall effect military-technical cooperation in the following areas:

supply of arms and military equipment, other military purpose products for needs of defence and security of the States of the Parties;

support of operations, repair and upgrading of military purpose products;

supply of spare parts, aggregates, units, instruments, special, training and support material, component items to military purpose products;

rendering of services in the sphere of military-technical cooperation;

extension of ties in the sphere of cooperation during the familiarization of manufacture of military-purpose products;

deputation of specialists for rendering assistance in the realization of joint programs in the area of military-technical cooperation;

professional training of personnel in the relevant educational establishments, taking into account the requirements and capabilities of the Parties;

rendering of military-technical assistance.

The authorized bodies of the Parties for the implementation of this Agreement shall be:

for the Russian Federation — the Federal Service for Military-Technical Cooperation;

for the Republic of the Philippines — the Department of National Defence.

The Parties shall notify each other in writing through diplomatic channels of any changes of their authorized bodies' names.

The implementation of the present Agreement shall be carried out in accordance with the national legislations of the Parties and the international agreements, concluded by the States of the Parties.

For the implementation of the present Agreement, the Parties and/or their authorized bodies shall, as necessary, conclude separate agreements, and the authorized organizations of the Parties' States shall conclude contracts on concrete directions of the military-technical cooperation, determined by Article 1 of the present Agreement.

The nomenclature and delivery volume of military-purpose products and military-technical purpose services, terms and modes of payments, which correspond to adopted international practice, shall be determined by agreements or contracts concluded on basis of the present Agreement.

Neither Party shall, without the prior written consent of the other Party, sell or transmit to a third party, including international organizations, foreign legal entities and or natural persons, arms and military equipment, technical documentation relating to their production, as well as information received or acquired in the course of military-technical cooperation and implementation of the agreements and contracts provided for in Article 3 of the present Agreement.

Any information transmitted in accordance with the present Agreement shall be used only for its purposes. Information received by one of the Parties must not be used to the prejudice of interests of the State of the other Party.

Information transmitted in accordance with the present Agreement or which is the result of its implementation shall be regarded by the Parties as the information which needs keeping confidentiality.

In case of carrying out of joint works, the Parties shall independently or jointly establish the confidentiality of the information transmitted in accordance with this Agreement or which is the result of its implementation.

Carriers of such information shall have the following marks:

in the Russian Federation — «Для служебного пользования»;

in the Republic of the Philippines — «Restricted».

The Party shall inform the other Party beforehand of the necessity of keeping in secret of the fact of cooperation between the Parties or other information on the cooperation, and/or it shall be stipulated in the contracts (agreements) concluded in accordance with the Article 3 of the present Agreement.

The Party which received the information, regarded as confidential by the sending Party, shall ensure its protection and handle it according to its national legislation. This information can not be disclosed or transmitted to a third party without written consent of the Party that transmitted such information.

The procedure of exchange of the State secret information of the Parties' States, conditions and measures for its defence during performance and on completion of force of the present Agreement, shall be the subject of a separate agreement of the Parties.

Access of the representatives of the Parties to military establishments and military-industrial complex enterprises shall be allowed in a manner specified in the legislation of the State of each of the Party and according to the procedures agreed upon by the Parties.

The Parties recognize that the military-purpose products transferred, created or used in the course of the implementation of contracts or agreements concluded under this Agreement may constitute and (or) contain results of intellectual activity and (or) intellectual property owned by the Parties' States and (or) their natural persons, and (or) their legal entities.

In accordance with the legislation of each of the Parties' States and international agreements to which the states of the Parties are parties, the Parties shall take the measures necessary to ensure the legal protection of the results of the intellectual activity and (or) the protection of the intellectual property mentioned in paragraph 1 of the present Article, as well as to prevent the unlawful use of such results of the intellectual activity and (or) the intellectual property.

The procedure for assignment of rights to the results of the intellectual activity created during the realization of the present Agreement, their legal safeguard and use as well as the formalities for protection and use of the intellectual property obtained, used or transferred in the course of realization of the present Agreement, shall be the subject of a separate agreement of the Parties.

The Party, supplying certain types of the military purpose products within the framework of the present Agreement, is entitled to check that they are used for the intended purpose.

The arrangements for performing such checks shall be the subject of a separate agreement between the Parties.

In order to ensure the performance of the present Agreement and subsequent agreements in the field of military-technical cooperation, the Parties shall create, as necessary, the joint intergovernmental commission on issues of the military-technical cooperation, the national parts of which shall be defined by each of the Parties.

The competence and modus operandi of the joint intergovernmental commission on issues of the military-technical cooperation shall be defined by chairmen of their national parts.

Any disputes which may arise between the Parties in the interpretation or implementation of the provisions of this Agreement shall be resolved by consultation and negotiation.

By mutual agreement, the Parties may introduce amendments into the present Agreement, which shall be formalized by protocols.

The protocols shall enter into force in accordance with the Article 10 of the present Agreement.

This Agreement shall enter into force from the date of the receipt of the last written notification through the diplomatic channels of the completion by the Parties of their internal procedures necessary for it to enter into force.

The Agreement shall be in force for the period of five (5) years. It shall automatically be renewed for subsequent similar periods of five years, unless either Party gives the other Party the written notice of its intention to terminate it not less than six (6) months prior to the expiration of the initial or any other subsequent period of its validity.

The termination of the present Agreement shall not affect the fulfillment of contracts in force and other agreements concluded in accordance with the present Agreement during the period of its validity.

In case of termination of the present Agreement, the obligations provided by the articles 4, 5 and 6 shall be in force.

Done at Clark on 24 October 2017 in two originals, each in the Russian and English languages, all texts being equally authentic.

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