TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-1218

________________________________________________________________________

CLAIMS

Agreement Between the

UNITED STATES OF AMERICA

and the PHILIPPINES

Effected by Exchange of Notes at

Manila and Pasay City 

November 13 and December 18, 2014 
 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

 Claims

 

Agreement effected by exchange of notes at 

 Manila and Pasay City November 13 and 

 December 18, 2014; 

 Entered into force December 18, 2014.
No. 207& 

The Embassy of the United States of America (Embassy} presents its 

compliments to the Department of Foreign Affairs of the Republic ofthe 

Philip~ines (Department) and has lhe honor tn refer to note No. 14-213l, dated 13 

Jtme 2014, which sets out the request of the Govemment of the Republic of the 

PbH ippines for compensation for damage to the Tubbataha Reef caused by the 

grounding of the OSS GuardianThe above-referenced request for compensation has been reviewed. by the 

United States Secretary t.')f the Navy who has authorized an ex gratia payment of 

P87 ,033,570.71 (eighty-seven million thirty-three thousand five hundred ·seventy 

and 71/1.00 Philippine Pesos), ru; the amount requested by the Govcmmc.;ntofthe 

Republic of the PbHippines as appropriate compensation for damage to the 

Tubbataha Reef. 

The Embassy lms the honor to propose that the above-referenced amount, 

when fully paid as agreed, will constitute a fuH and final settlement of any and all 

claims by the Government of the Republic ohhe Philippines against tbe 

Government of the Unitt.:~ States of America. its officers. agents and employees, 

for any and all damages and associated losses caused by the grounding of the USS 

Gu:1rdian on Tubbataha Reef on 17 January 2i)J3. 

DIPLOMATIC I'IOTE 
The Emhassy has the further honor to propose that tb01t upon entry into torce 

of this Agn~emcut, the United States Secretary of the Navy will initiate payment of 

the above-referenced settlement amount, to be convened to U.S. dollars on the c.late 

payment is initiated through the U.S. Treas01y. To process said payment, the 

F:mbnssy requests the attached document concerning the financial institution and 

account to be \lsed for payment be complctetl an.d r"turned. 

If the foregoing proposals are acceptahlc to the Govemment ofthc Rcpubl)c 

ofrhc Philippine~. lhe Embassy has the honor to pi'Opose that this note, and the 

Department's note itt reply to that effect, shall constitute an Agreement between 

our two Goventtllents to settle the Tubhatalu' Reef damage c;laim, which·shall enter 

inlo [orcc on the date of the Department's nctc in reply. 

The Embassy of the United States of America avails itself ofthjs 

opp~'rtunity to renew to the Department ofF tlreign ,"\ffairs of the Republic of the 

Philippioes the as~t.mmc.::s of its hight:sl consideration. 

cmbnssy of the United States of America. 

Manila. November 13, 20'14. 
HnnkNamq: 

Bank Address: ---------·--·-··--

Account Number: 

IRI\N: 

S \VIFT CnJe: 
No. 1~-4501 

REPUBLIC OF THE PHILIPPINES 

DEPARTMENT OF FOREIGN AFFAIRS 

MANILA. 

The Department of Foreign Affairs of the Republic of the Philippines 

(Department) presents its compliments to the Embassy of the United States of Americ,;a 

(Embassy) and has the honor to refer to Note No. 2078 dated, 13 November 2014, 

which sets forth the conditions for payment of the claim submitted by the Government of 

the Republic of the Philippines in Note No. 14-2131 dated 13 June 2014. 

The Department has the honor to inform the Embassy that the Government of 

the Republic of the Philippines accepts the proposals in Note No. 2078 dated 13 

November 2014, agreeing that the amount of P87,033,570.71 (eighty-seven million 

thirty-three thousand five hundred seventy and 71/100 Philippine Pesos) requested by 

the Government of the Republic of the Philippines as appropriate compensation for the 

·damage, when fully paid as agreed, will constitute_a full and final Settlement of any and 

all claims by the Government of the Philippines against the Government of the United 

States, its officers, agents and employees, for any and all damages and associated 

losses caused by the grounding qf the USS Guardian on Tubbataha Reef on 17 

January 2013; and that upon entry into force of this Agreement, the United States 

Secretary of the Navy will initiate p_ayment of the above-referenced settlement amount. 

Please a~cept the completed financial institution document to process payment. 

The Department confirms that the Embassy's note and this note in reply 

constiMe ari Agreement between the Government of the Repub-lic of the Philippines 

and the Government of the United States of America which shall enter into force on the . . 

date of this note. 

The Department of Foreign Affairs avails itself of this opportunity to renew to the 

Embassy of the United States of America the assurances of its highest consideration. 

Pasay City, 18 Decemb~r 2014 

Embassy of the United States of America 

Manila 
Bank Name: Land Bank of the Philippines 

Bank Address: Land Bank Plaza, Malate, 1004 Manila, Philippines 

Account Number: Treasurer of the Philippines FCD Dollar Account No. 0014-0087-21 

SWIFT Code: TLBPPHMM