TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-625

________________________________________________________________________

DEFENSE

Cooperation

Agreement Between the

UNITED STATES OF AMERICA

and the PHILIPPINES

Signed at Quezon City April 28, 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

 Defense: Cooperation

 

 Agreement signed at Quezon City

 April 28, 2014;

 Entered into force June 25, 2014.

 
AGREEMENT 

BETWEEN 

THE GOVERNMENT OF 

THE UNITED STATES OF AMERICA 

AND 

THE GOVERNMENT OF 

THE REPUBLIC OF THE PHILIPPINES 

ON ENHANCED DEFENSE COOPERATION 

PREAMBLE 

The Government of the United States of America (the "United States"), and the 

Government of the Republic of the Philippines ("the Philippines"), hereinafter 

referred to jointly as ''the Parties" and individually as a "Party"; 

Reaffirming their faith in the purposes and principles of the Charter of the United 

Nations and their desire to strengthen international and regional security; 

Recalling and in furtherance of the Mutual Defense Treaty between the United 

States of America and the Republic of the Philippines (the "MDT"), signed at 

Washington on August 30, 1951, and the Agreement between the Government of 

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

Philippines Regarding the Treatment of United States Armed Forces Visiting the 

Philippines (the "VFA"), signed in Manila on the tenth day of February 1998; 

Recalling further Article I of the MDT, which states, "The Parties undertake, as set 

forth in the Charter of the United Nations, to settle any international disputes in 

which they may be involved by peaceful means in such a manner that international 

peace and security and justice are not endangered and to refrain in their 

international relations from the threat or use of force in any manner inconsistent 

with the purposes of the United Nations."; 

Affirming that the Parties share an understanding for the United States not to 

establish a permanent military presence or base in the territory of the Philippines; 

Recalling the Agreement for the Establishment of a Mutual Defense Board 

("MDB"), concluded by exchange of notes at Manila on May 15, 1958, and the 

Agreement to Establish a Security Engagement Board ("SEB"), concluded by 

exchange of notes at Manila on April11 and 12, 2006; 

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Recalling further the Mutual Logistics Support Agreement between the 

Department of Defense of the United States of America and the Department of 

National Defense of the Republic of the Philippines (the "MLSA"), with Annexes, 

signed at Quezon City on November 8, 2007, as extended; 

Recalling the Parties' respective international obligations, including those provided 

under the Convention on the Prohibition of the Development, Production, 

Stockpiling and Use of Chemical Weapons and on their Destruction and the 

Convention on the Prohibition of the Development, Production and Stockpiling of 

Bacteriological (Biological) and Toxin Weapons and on their Destruction; 

Recognizing that all United States access to and use of facilities and areas will be 

at the invitation of the Philippines and with full respect for the Philippine 

Constitution and Philippine laws; 

Desiring to enhance cooperative capacities and efforts in humanitarian assistance 

and disaster relief; 

Have agreed as follows: 

Article I 

PURPOSE AND SCOPE 

1. This Agreement deepens defense cooperation between the Parties and maintains 

and develops their individual and collective capacities, in furtherance of Article II 

of the MDT, which states that "the Parties separately and jointly by self-help and 

mutual aid will maintain and develop their individual and collective capacity to 

resist armed attack," and within the context of the VFA. This includes: 

(a) Supporting the Parties' shared goal of improving interoperability of the 

Parties' forces, and for the Armed Forces of the Philippines ("AFP"), addressing 

short-term capabilities gaps, promoting long-term modernization, and helping 

maintain and develop additional maritime security, maritime domain awareness, 

and humanitarian assistance and disaster relief capabilities; and 

(b )Authorizing access to Agreed Locations in the territory of the Philippines 

by United States forces on a rotational basis, as mutually determined by the Parties. 

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2. In furtherance of the MDT, the Parties mutually agree that this Agreement 

provides the principal provisions and necessary authorizations with respect to 

Agreed Locations. 

3. The Parties agree that the United States may undertake the following types of 

activities in the territory of the Philippines in relation to its access to and use of 

Agreed Locations: security cooperation exercises; joint and combined training 

activities; humanitarian assistance and disaster relief activities; and such other 

activities as may be agreed upon by the Parties. 

Article II 

DEFINITIONS 

1. "United States personnel" means United States military and civilian personnel 

temporarily in the territory of the Philippines in connection with activities 

approved by the Philippines, as those terms are defmed in the VF A. 

2. "United States forces" means the entity comprising United States personnel and 

all property, equipment, and materiel of the United States Armed Forces present in 

the territory of the Philippines. 

3. "United States contractors" means companies and firms, and their employees, 

under contract or subcontract to or on behalf of the United States Department of 

Defense. United States contractors are not included as part of the definition of 

United States personnel in this Agreement, including within the context of the 

VFA. 

4. "Agreed Locations" means facilities and areas that are provided by the 

Government of the Philippines through the AFP and that United States forces, 

United States contractors, and others as mutually agreed, shall have the right to 

access and use pursuant to this Agreement. Such Agreed Locations may be listed 

in an annex to be appended to this Agreement, and may be further described in 

implementing arrangements. 

5. "Designated Authorities" means, respectively, the Philippine Department of 

National Defense, unless the Philippines otherwise provides written notice to the 

United States, and the United States Department of Defense, unless the United 

States otherwise provides written notice to the Philippines. 

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Article III 

AGREED LOCATIONS 

1. With consideration of the views of the Parties, the Philippines hereby authorizes 

and agrees that United States forces, United States contractors, and vehicles, 

vessels, and aircraft operated by or for United States forces may conduct the 

following activities with respect to Agreed Locations: training; transit; support and 

related activities; refueling of aircraft; bunkering of vessels; temporary 

maintenance of vehicles, vessels, and aircraft; temporary accommodation of 

personnel; communications; prepositioning of equipment, supplies, and materiel; 

deploying forces and materiel; and such other activities as the Parties may agree. 

2. When requested, the Designated Authority of the Philippines shall assist in 

facilitating transit or temporary access by United States forces to public land and 

facilities (including roads, ports, and airfields), including those owned or 

controlled by local governments, and to other land and facilities (including roads, 

ports, and airfields). 

3. Given the mutuality of benefits, the Parties agree that the Philippines shall make 

Agreed Locations available to United States forces without rental or similar costs. 

United States forces shall cover their necessary operational expenses with respect 

to their activities at the Agreed Locations. 

4. The Philippines hereby grants to the United States, through bilateral security 

mechanisms, such as the MDB and SEB, operational control of Agreed Locations 

for construction activities and authority to undertake such activities on, and make 

alterations and improvements to, Agreed Locations. United States forces shall 

consult on issues regarding such construction, alterations, and improvements based 

on the Parties' shared intent that the technical requirements and construction 

standards of any such projects undertaken by or on behalf of United States forces 

should be consistent with the requirements and standards of both Parties. 

5. The Philippine Designated Authority and its authorized representative shall have 

access to the entire area of the Agreed Locations. Such access shall be provided 

promptly consistent with operational safety and security requirements in 

accordance with agreed procedures developed by the Parties. 

6. United States forces shall be responsible on the basis of proportionate use for 

construction, development, operation, and maintenance costs at Agreed Locations. 

Specific funding arrangements may be defined in implementing arrangements. 

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Article IV 

EQUIPMENT, SUPPLIES, AND MATERIEL 

1. The Philippines hereby authorizes United States forces, through bilateral 

security mechanisms, such as the MDB and SEB, to preposition and store defense 

equipment, supplies, and materiel.("prepositioned materiel"), including, but not 

limited to, humanitarian assistance and disaster relief equipment, supplies, and 

materiel, at Agreed Locations. United States forces shall notify the AFP in advance 

regarding the quantities and delivery schedules of defense equipment, supplies, and 

materiel that United States forces intend to preposition in Agreed Locations, as 

well as who will make such deliveries. 

2. The Parties share a recognition of the benefits that such prepositioning could 

have for humanitarian assistance and disaster relief. The Parties also recognize the 

value of such prepositioning to the enhancement of their individual and collective 

defense capabilities. 

3. The prepositioned materiel of United States forces shall be for the exclusive use 

of United States forces, and full title to all such equipment, supplies, and materiel 

remains with the United States. United States forces shall have control over the 

access to and disposition of such prepositioned materiel and shall have the 

unencumbered right to remove such prepositioned materiel at any time from the 

territory of the Philippines. 

4. United States forces and United States contractors shall have unimpeded access 

to Agreed Locations for all matters relating to the prepositioning and storage of 

defense equipment, supplies, and materiel, including delivery, management, 

inspection, use, maintenance, and removal of such equipment, supplies and 

materiel. 

5. The Parties share an intent that United States contractors may carry out such 

matters in accordance with, and to the extent permissible under, United States 

laws, regulations, and policies. 

6. The prepositioned materiel shall not include nuclear weapons. 

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Article V 

OWNERSHIP 

1. The Philippines shall retain ownership of and title to Agreed Locations. 

2. The United States shall return to the Philippines any Agreed Locations, or any 

portion thereof, including non-relocatable structures and assemblies constructed, 

modified, or improved by the United States, once no longer required by United 

States forces for activities under this Agreement. The Parties or the Designated 

Authorities shall consult regarding the terms of return of any Agreed Locations, 

including possible compensation for improvements or construction. 

3. United States forces and United States contractors shall retain title to all 

equipment, materiel, supplies, relocatable structures, and other moveable property 

that have been imported into or acquired within the territory of the Philippines by 

or on behalf of United States forces. 

4. All buildings, non-relocatable structures, and assemblies affixed to the land in 

the Agreed Locations, including ones altered or improved by United States forces, 

remain the property of the Philippines. Permanent buildings constructed by United 

States forces become the property of the Philippines, once constructed, but shall be 

used by United States forces until no longer required by United States forces. 

5. The Parties may consult regarding the possible transfer or purchase of 

equipment determined to be excess, as may be allowed by United States laws and 

regulations. 

Article VI 

SECURITY 

1. The Parties shall cooperate to take such measures as may be necessary to ensure 

the protection, safety, and security of United States forces and United States 

contractors, and the protection and security of official United States information in 

the territory of the Philippines. 

2. The Philippines retains primary responsibility for security with respect to 

Agreed Locations. 

3. United States forces are authorized to exercise all rights and authorities within 

Agreed Locations that are necessary for their operational control or defense, 

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including taking appropriate measures to protect United States forces and United 

States contractors. The United States should coordinate such measures with 

appropriate authorities of the Philippines. 

4. The Parties shall take all reasonable measures to ensure the protection, safety, 

and security of United States property from seizure by or conversion to the use of 

any party other than the United States, without the prior written consent of the 

United States. 

Article VII 

UTILITIES AND COMMUNICATIONS 

1. The Philippines hereby grants to United States forces and United States 

contractors the use of water, electricity, and other public utilities on terms and 

conditions, including rates or charges, no less favorable than those available to the 

AFP or the Government of the Philippines in like circumstances, less charges for 

taxes and similar fees, which will be for the account of the Philippine Government. 

United States forces' costs shall be equal to their pro rata share of the use of such 

utilities. 

2. The Parties recognize that it may be necessary for United States forces to use 

the radio spectrum. The Philippines authorizes the United States to operate its own 

telecommunication systems (as telecommunication is defined in the 1992 

Constitution and Convention of the International Telecommunication Union 

("ITU")). This shall include the right to utilize such means and services as required 

to ensure the full ability to operate telecommunication systems, and the right to use 

all necessary radio spectrum allocated for this purpose. Consistent with the 1992 

Constitution and Convention of the ITU, United States forces shall not interfere 

with frequencies in use by local operators. Use of the radio spectrum shall be free 

of cost to the United States. 

Article VIII 

CONTRACTING PROCEDURES 

1. United States forces may contract for any materiel, supplies, equipment, and 

services (including construction) to be furnished or undertaken in the territory of 

the Philippines without restriction as to choice of contractor, supplier, or person 

who provides such materiel, supplies, equipment, or services. Such contracts shall 

be solicited, awarded, and administered in accordance with the laws and 

regulations ofthe United States. 

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2. United States forces shall strive to use Philippine suppliers of goods, products, 

and services to the greatest extent practicable in accordance with the laws and 

regulations of the United States. 

Article IX 

ENVIRONMENT, HUMAN HEALTH, AND SAFETY 

1. The Parties recognize and acknowledge the importance of protection of the 

environment and human health and safety in the context of activities covered by 

this Agreement and agree to implement this Agreement in a manner consistent 

with the protection of the natural environment and human health and safety and to 

pursue a preventative rather than reactive approach to environmental protection. 

To this end, the Parties shall cooperate to ensure problems that may arise are dealt 

with immediately in order to prevent any lasting damage to the environment or 

endangerment of human health and safety. 

2. The United States confirms its intent to respect relevant Philippine 

environmental, health, and safety laws, regulations, and standards in the execution 

of its policies. The Philippines confirms its policy to implement environmental, 

health, and safety laws, regulations, and standards with due regard for the health 

and safety of United States forces and United States contactors. The Parties shall 

fully cooperate in the timely exchange between the competent representatives of 

the Parties of all relevant existing information concerning environmental and 

health protection at Agreed Locations. The environmental compliance standards 

applied by United States forces shall reflect, in accordance with its policies, the 

more protective of United States, Philippine, or applicable international agreement 

standards. To that end, during the development and periodic review of such 

environmental practices, the Parties shall cooperate and consult to ensure that 

Philippine standards are accurately reflected. 

3. United States forces shall not intentionally release any hazardous materials or 

hazardous waste owned by it, and, if a spill occurs, shall expeditiously take action 

in order to contain and address environmental contamination resulting from the 

spill. 

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Article X 

IMPLEMENTATION 

1. All obligations under this Agreement are subject to the availability of 

appropriated funds authorized for these purposes. 

2. As appropriate, the Parties or the Designated Authorities may enter into 

implementing arrangements to carry out the provisions of this Agreement, 

including with respect to activities at Agreed Locations and funding. 

Implementing arrangements concluded by the Designated Authorities shall enter 

into force upon the date of their signature. 

3. Implementing arrangements may address additional details concerning the 

presence of United States forces at Agreed Locations and the functional relations 

between United States forces and the AFP with respect to Agreed Locations. 

4. The Parties or their Designated Authorities intend to consult regularly 

concerning the implementation of this Agreement. 

Article XI 

RESOLUTION OF DISPUTES 

The Parties agree to resolve any dispute arising under this Agreement exclusively 

through consultation between the Parties. Disputes and other matters subject to 

consultation under this Agreement shall not be referred to any national or 

international court, tribunal, or other similar body, or to any third party for 

settlement, unless otherwise agreed by the Parties. 

Article XII 

ENTRY INTO FORCE, AMENDMENT, DURATION, AND 

TERMINATION 

1. This Agreement shall enter into force on the date of the last note exchanged 

between the Parties, through diplomatic channels, confirming the completion of all 

necessary internal procedures required for the entry into force thereof. 

2. This Agreement, including any annex, may be amended by written agreement 

of the Parties, and such amendments shall enter into force in accordance with 

paragraph 1 of this Article. 

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3. Any annex appended to this Agreement shall form an integral part of this 

Agreement. 

4. This Agreement shall have an initial term often years, and thereafter, it shall 

continue in force automatically unless terminated by either Party by giving one 

year's written notice through diplomatic channels of its intention to terminate this 

Agreement. 

IN WITNESS THEREOF, the undersigned, being duly authorized by their 

respective Governments, have signed this Agreement. 

f' 

DONE at ~ ~ , in duplicate in English, this J. gil. day of 

~ ,2 4. 

FOR THE GOVERNMENT OF THE 

UNITED STATES OF AMERICA: 

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FOR THE GOVERNMENT OF THE 

REPUB IC OF THE IPPINES: