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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 17-915
 

DEFENSE
 

Cooperation
 

Agreement Between the 

UNITED STATES OF AMERICA 

and the PHILIPPINES 

Effected by Exchange of Notes 

at Manila and Pasay City 

July 28 and September 15, 2017 
 

 

 

NOTE BY THE DEPARTMENT OF STATE 

Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)— 

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
 

 

 

 

 

 

 

 

PHILIPPINES 

Defense: Cooperation 

Agreement effected by exchange of notes 

at Manila and Pasay City 

July 28 and September 15, 2017; 

Entered into force September 15, 2017. 
No. 2018 

The Embassy ofthe United States ofAmerica presents its compliments to the 

Department of Foreign Affairs of the Republic of the Philippines and has the honor 

to refer to earlier discussions between representatives ofthe two Governments 

regarding the Foreign Assistance Act of 1961 or successor legislation, including the 

Global Peace Operations Initiative; the Arms Export Control Act; the Global 

Security Contingency Fund; I 0 U.S.C. § 2282, 10 U.S.C. § 333, and other 

Department ofDefense authorities; and the furnishing ofdefense articles, related 

training, and other defense services from the United States of America to the 

Philippines under such authorities. 

In this regard, the Embassy has the honor to refer to the Agreement regarding 

the provision by the Government ofthe United States ofAmerica of articles and 

services to the Government ofthe Republic ofthe Philippines pursuant to section 

1206 ofthe National Defense Authorization Act for Fiscal Year 2007 as modified 

and extended, or successor legislation, effected by exchange ofnotes at Manila on 

August 3, 2007 ("2007 Agreement"); the Agreement regarding grants under the 

Global Peace Operations Initiative (GPOI) ofthe United States ofAmerica and the 

furnishing ofarticles and services from the United States ofAmerica to the 

Government ofthe Republic ofthe Philippines pursuant to the GPOI, effected by 

exchange of notes at Manila December 18, 2007 and January 3, 2008 ("2008 

Agreement"); and the Agreement regarding grants under the Global Security 

DIPLOMATIC NOTE 
-2­

Contingency Fund (GSCF) of the United States ofAmerica, authorized by section 

1207 ofthe National Defense Authorization Act for Fiscal Year 2012, as amended 

and extended, and the furnishing of articles and services from the United States of 

America to the Republic ofthe Philippines pursuant to the GSCF, effected by 

exchange ofnotes at Manila and Pasay City October 16 and December 16, 2013 

(4'2013 Agreement"). 

In connection with these discussions, the Embassy proposes that the 

Government of the United States of America and the.Government of the Republic of 

the Philippines agree: 

A. That, unless the written consent of the Government of the United States of 

America has been first obtained, the Government of the Republic of the Philippines 

shall not: 

(I) Permit any use of such defense articles, related training, including training 

materials, or other defense services by anyone not an officer, employee, or agent of 

the Government of the Republic of the Philippines; 

(II) Transfer, or permit any officer, employee, or agent of the Government of the 

Republic ofthe Philippines to transfer such defense articles, related training, 

including training materials, or other defense services by gift, sale, or otherwise; or 

(III) Use, or permit the use of, such defense articles, related training, including 

training materials, or other defense services for purposes other than those for which 

furnished. 
-3­

B. That such defense articles, related training, including training materials, or other 

defense services shall be returned to the Government ofthe United States of 

America when they are no longer needed for the purposes for which they were 

furnished, unless the Government of the United States of America consents to 

another disposition; 

C. That the net proceeds of sale received by the Government of the Republic of the 

Philippines in disposing of, with prior written consent of the Government of the 

United States of America, any defense article furnished by the Government of the 

United States of America on a grant basis, including scrap from any such defense 

article, shaII be paid to the Government ofthe United States of America; and 

D. That the Government of the Republic of the Philippines shall maintain the 

security of such defense articles, related training, including training materials, or 

other defense services; that it shall provide substantially the same degree of security 

protection as that afforded to such defense articles, related training, including 

training materials, or other defense services by the Government of the United States 

of America; and that it shall, as the Government of the United States of America 

may require, permit continuous observation, scheduled inspections, physical 

inventories and review by, and furnish necessary information to, representatives of 

the Government of the United States of America with regard to the use thereof by 

the Government ofthe Republic of the Philippines. 

E. That the Government of the United States of America may also, from time to 

time, make the provision of articles and services furnished under other authority 

subject to the terms and conditions of the agreement proposed herein. If the 

foregoing proposals are acceptable to the Government ofthe Republic ofthe 
-4­

Philippines, the Embassy proposes that this note and a note from the Ministry of 

Foreign Affairs to that effect shall constitute an agreement between the two 

Governments, which shall enter into force on the date of the Ministry's note and 

shall supersede in their entirety the aforementioned 2007. 2008 and 2013 

Agreements. 

The Embassy ofthe United States of America avails itself ofthis opportunity 

to renew to the Department of Foreign Affairs ofthe Republic ofthe Philippines the 

assurances ofits highest consideration. 

Embassy of the United States of America, 

Manila, July 28, 2017. 
REPUBLIC OF THE PHILIPPINES 


DEPARTMENT OF FOREIGN AFFAIRS 


MANILA 


No. 1 ( .. 455~ 

The Department of Foreign Affairs of the Republic of the Philippines presents its 

compliments to the Embassy of the United States of America and acknowledges receipt 

of the Embassy's Note No. 2018, dated 28 July 2017, which reads as follows: 

"The Embassy of the United States ofAmerica presents its compliments to 

the Department of Foreign Affairs of the Republic of the Philippines and has the 

honor to refer to earlier discussions between representatives of the two 

Governments regarding the Foreign Assistance Act of 1961 or successor 

legislation, including the Global Peace Operations Initiative; the Arms Export 

Control Act; the Global Security Contingency Fund; 10 U.S. C. § 2282, 10 U.S. C. 

§ 333, and other Department of Defense authorities; and the furnishing of 

defense articles, related training, and other defense services from the United 

States ofAmerica to the Philippines under such authorities. 

In this regard, the Embassy has the honor to refer to the Agreement 

regarding the provision by the Government of the United States of America of 

articles and services to the Government of the Republic of the Philippines 

pursuant to section 1206 of the National Defense Authorization Act for Fiscal 

Year 2007 as modified and extended, or successor legislation, effected by 

exchange of notes at Manila on August 3, 2007 ("2007 Agreement'?; the 

Agreement regarding grants under the Global Peace Operations Initiative (GPO/) 

of the United States of America and the furnishing of articles and services from 

the United States of America to the Government of the Republic of the 

Philippines pursuant to the GPO/, effected by exchange of notes at Manila 

December 18, 2007 and January 3, 2008 ("2008 Agreement"); and the 

Agreement regarding grants under the Global Security Contingency Fund 
(GSCF) of the United States of America, authorized by section 1207 of the 

National Defense Authorization Act for Fiscal Year 2012, as amended and 

extended, and the furnishing of articles and services from the United States of 

America to the Republic of the Philippines pursuant to the GSCF, effected by 

exchange of notes at Manila and Pasay City October 16 and December 16, 2013 

("2013 Agreemenf'J. 

In connection with these discussions, the Embassy proposes that the 

Government of the United States ofAmerica and the Government of the Republic 

of the Philippines agree: 

A. 	 That, unless the written consent of the Government of the United 

States of America has been first obtained, the Government of the 

Republic of the Philippines shall not: 

(/) 	 Permit any use of such defense articles, related training, including 

training materials, or other defense services by anyone not an 

officer, employee, or agent of the Government of the Republic of 

the Philippines; 

(II) Transfer, 	 or permit any officer, employee, or agent of the 

Government of the Republic of the Philippines to transfer such 

defense articles, related training, including training materials, or 

other defense services by gift, sale, or otherwise; or 

(Ill) Use, or permit the use of, such defense articles, related training, 

including training materials, or other defense services for purposes 

other than those for which furnished. 

B. 	 That such defense articles, related training, including training 

materials, or other defense services shall be returned to the 

Government of the United States of America when they are no longer 

needed for the purposes for which they were furnished, unless the 
Government of the United States of America consents to another 

disposition; 

C. 	 That the net proceeds of sale received by the Government of the 

Republic of the Philippines in disposing of, with prior written consent of 

the Government of the United States of America, any defense article 

furnished by the Government of the United States of America on a 

grant basis, including scrap from any such defense article, shall be 

paid to the Government of the United States ofAmerica; and 

D. 	 That the Government of the Republic of the Philippines shall maintain 

the security of such defense articles, related training, including training 

materials, or other defense services; that it shall provide substantially 

the same degree of security protection as that afforded to such 

defense articles, related training, including training materials, or other 

defense services by the Government of the United States of America; 

and that it shall, as the Government of the United States of America 

may require, permit continuous observation, scheduled inspections, 

physical inventories and review by, and furnish necessary information 

to, representatives of the Government of the United States of America 

with regard to the use thereof by the Government of the Republic of 

the Philippines. 

E. 	 That the Government of the United States of America may also, from 

time to time, make the provision of articles and services furnished 

under other authority subject to the terms and conditions of the 

agreement proposed herein. 

If the foregoing proposals are acceptable to the Government of the 

Republic of the Philippines, the Embassy proposes that this note and a note from 

the Ministry of Foreign Affairs to that effect shall constitute an agreement 
between the two Governments, which shall enter into force on the date of the 

Ministry's note and shall supersede in their entirety the aforementioned 2007, 

2008, and 2013 Agreements. 

The Embassy of the United States of America avails itself of this 

opportunity to renew to the Department of Foreign Affairs of the Republic of the 

Philippines the assurances of its highest consideration." 

The Department of Foreign Affairs of the Republic of the Philippines has the 

honor to confirm that the proposals set forth in the Embassy's note are acceptable to 

the Government of the Republic of the Philippines and that the Embassy's note and this 

note in reply shall constitute an Agreement between the two Governments which shall 

enter into force on this date and shall supersede in their entirety the aforementioned 

2007, 2008, and 2013 Agreements. 

This Note supersedes the Department's Note No. 17-4081. 

The Department of Foreign Affairs of the Republic of the Philippines avails itself 

of this opportunity to renew to the Embassy of the United States of America the 

assurances of its highest consideration. 

Pasay City, 15 September 2017 v

Embassy of the United States of America 

City of Manila