Agreement in the form of an exchange of letters between the European Union and the Philippines on the participation of the Philippines in the European Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM)
Date: 2006-01-17
Institutions: Brunei, European Union
Subjects: Indonesia, Philippines, South-East Asia, agreement (EU), common foreign and security policy, confidentiality, exchange of information, fact-finding mission, peacekeeping, the EU's international role

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in the form of an exchange of letters between the European Union and the Philippines on the
participation of the Philippines in the European Monitoring Mission in Aceh (Indonesia) (Aceh
Monitoring Mission — AMM)

AGREEMENT

A. Letter from the European Union

Jakarta, 26 October 2005

Your Excellency,

The Memorandum of Understanding (MoU) between the Government of Indonesia (GoI) and the Free Aceh
Movement (GAM) signed at Helsinki on 15 August 2005, provides inter alia for the establishment by the
in Aceh
European Union and ASEAN Contributing Countries of an Aceh Monitoring Mission (AMM)
(Indonesia). This MoU also provides that
the AMM and its
members will be agreed between the GoI and the European Union (EU).

the status, privileges and immunities of

Accordingly, I have the honour to propose, in the Annex to this letter, the provisions which would apply to
the participation of your country in the AMM, and the personnel deployed by your country, the status,
privileges and immunities of which are set out in the agreement between the GoI, the EU and the ASEAN
Contributing Countries.

I would be grateful if you could confirm your acceptance of the provisions set out in the Annex, and also
confirm your understanding that this letter and its Annex, together with your reply, shall constitute a legally
binding agreement between the EU and the Government of the Republic of the Philippines, which shall
enter into force on the day of signature of your reply, and shall remain in force for the duration of your
country's participation in the AMM.

Please accept, Excellency, the assurances of my highest consideration.

H.E. MR. CHARLES HUMFREY, CMG
Ambassador of the United Kingdom to Indonesia

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ANNEX I

1. The Republic of the Philippines shall, as provided in the MoU, participate in the AMM, in accordance with the
following provisions and any required implementing arrangements, without prejudice to the decision-making
autonomy of the European Union.

2. The EU participation is based on the Joint Action adopted by the Council on 9 September 2005 on the European
Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM). The Republic of the Philippines
shall associate itself with those provisions of the Joint Action that concern its participation and that of its personnel
in the AMM, subject to the provisions of this Annex.

3. The decision to end the EU participation in the AMM shall be taken by the Council of the European Union, following
consultation with the Republic of the Philippines and provided that the Republic of the Philippines is still contri-
buting to the AMM at the date at which that decision is taken.

4. The Republic of the Philippines shall ensure that its personnel participating in the AMM undertake their mission in

conformity with:

— the relevant provisions of the Joint Action adopted by the Council of the European Union on 9 September 2005

and possible subsequent amendments,

— the Operation Plan (OPLAN) as approved by the Council of the European Union on 9 September 2005,

— implementing arrangements under this agreement.

5. Personnel seconded to the AMM by the Republic of the Philippines shall carry out their duties and conduct

themselves solely with the interest of the AMM in mind.

6. The Republic of the Philippines shall inform in due time the AMM Head of Mission of any change to its contribution

to the AMM.

7. Personnel seconded to the AMM as of the start of the mission shall undergo a medical examination, vaccination and
be certified medically fit for duty by a competent authority from the Republic of the Philippines. Personnel seconded
to the AMM shall produce a copy of this certification.

8. The status of the AMM personnel,

including the personnel contributed to the AMM by the Republic of the
Philippines, shall be governed by the agreement on the status, privileges and immunities of the AMM between
the GoI, the European Union and the ASEAN Contributing Countries.

9. Without prejudice to the agreement on the status of mission referred to in Section 8, the Republic of the Philippines

shall exercise jurisdiction over its personnel participating in the AMM.

10. The Republic of the Philippines shall, in accordance with its national law and subject to any immunities conferred by
the agreement on the status, privileges and immunities of the AMM, be responsible for answering any claims linked
to the participation in the AMM, from or concerning any of its personnel. The Republic of the Philippines shall be
responsible for bringing any action, in particular legal or disciplinary, against any of its personnel, in accordance with
its laws and regulations.

11. The Republic of the Philippines undertakes, on the basis of reciprocity, to make a declaration as regards the waiver of
claims against any State participating in the AMM, and to do so when signing this Exchange of Letters. A model for
such a declaration is set out in Annex II.

12. The European Union shall ensure that its Member States make, on the basis of reciprocity, a declaration as regards
the waiver of claims, for the participation of the Republic of the Philippines in the AMM, and to do so when signing
this Exchange of Letters. A model for such a declaration is set out in Annex II.

13. The rules regarding the exchange and security of classified information are set out in Annex III. Further guidance may

be issued by competent authorities, including the AMM Head of Mission.

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14. All personnel participating in the AMM shall remain under the full command of their national authorities.

15. National authorities shall transfer operational control to the AMM Head of Mission, who shall exercise that command

through a hierarchical structure of command and control.

16. The Head of Mission shall lead the AMM and assume its day-to-day management.

17. The Republic of the Philippines shall have the same rights and obligations in terms of the day-to-day management of
the operation as participating European Union Member States taking part in the AMM, in accordance with the legal
instrument referred to in Section 2.

18. The AMM Head of Mission shall be responsible for disciplinary control over AMM personnel. Where required,

disciplinary action shall be taken by the national authority concerned.

19. A National Contingent Point of Contact (NPC) shall be appointed by the Republic of the Philippines to represent its
national contingent in the AMM. The NPC shall report to the AMM Head of Mission on national matters and shall be
responsible for day-to-day contingent discipline.

20. The Republic of the Philippines shall assume all the costs associated with its participation in the mission.

21. The Republic of the Philippines shall not contribute to the financing of the operational budget of the AMM.

22. In case of death, injury, loss or damage to natural or legal persons from the State in which the mission is conducted,
the Republic of the Philippines shall, when its liability has been established, pay compensation under the conditions
foreseen in the agreement on the status, privileges and immunities of the AMM as referred to in Section 8.

23. Any necessary technical and administrative arrangements to implement this agreement shall be concluded between
the Secretary General of the Council of the European Union/High Representative for the Common Foreign and
Security Policy or by the Head of Mission, and the appropriate authorities of the Republic of the Philippines.

24. Either Party shall have the right to terminate this agreement by serving a written notice of one month.

25. Disputes concerning the interpretation or application of this agreement shall be settled only by diplomatic means

between the Parties.

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ANNEX II

Texts for reciprocal declarations referred to in Sections 11 and 12

Text for the EU Member States:

‘The EU Member States applying the Joint Action adopted by the Council of the European Union on 9 September 2005
on the EU Monitoring Mission in Aceh (Aceh Monitoring Mission — AMM) will endeavour, insofar as their internal legal
systems so permit, to waive as far as possible claims against the Republic of the Philippines for injury, death of their
personnel, or damage to, or loss of, any assets owned by themselves and used by the AMM if such injury, death, damage
or loss:

— was caused by personnel from the Republic of the Philippines in the execution of their duties in connection with the

AMM, except in case of gross negligence or wilful misconduct, or

— arose from the use of any assets owned by the Republic of the Philippines, provided that the assets were used in
connection with the operation and except in case of gross negligence or wilful misconduct of AMM personnel from
the Republic of the Philippines using those assets.’

Text for the Republic of the Philippines:

‘The Republic of the Philippines participating in the AMM as referred to in paragraph 5.3 of the MoU and in the Joint
Action adopted by the Council of the European Union on 9 September 2005 on the European Union Monitoring Mission
in Aceh (Aceh Monitoring Mission — AMM) will endeavour, insofar as its internal legal system so permits, to waive as far
as possible claims against any other State participating in the AMM for injury, death of its personnel, or damage to, or
loss of, any assets owned by itself and used by the AMM if such injury, death, damage or loss:

— was caused by personnel

in the execution of their duties in connection with the AMM, except in case of gross

negligence or wilful misconduct, or

— arose from the use of any assets owned by States participating in the AMM, provided that the assets were used in
connection with the mission and except in case of gross negligence or wilful misconduct of AMM personnel using
those assets.’

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ANNEX III

Rules on the exchange and security of classified information

In order to establish a framework for exchanging classified information relevant in the context of the AMM up to
classification level RESTRICTED (RESTREINT UE) between the European Union and the Republic of the Philippines, the
following rules will apply.

The Republic of the Philippines will ensure that EU classified information (i.e. any information (namely knowledge that
can be communicated in any form) or material determined to require protection against unauthorised disclosure and
which has been so designated by a security classification) released to it retains the security classification given to it by the
EU and will safeguard such information in accordance with the following rules, based on the Council Security Regu-
lations (1), in particular:

— the Republic of the Philippines will not use the released EU classified information for purposes other than those for
which those EU classified information have been released to the Republic of the Philippines and for other than those
established by the originator,

— the Republic of the Philippines will not disclose such information to third parties without the prior consent of the EU,

— the Republic of the Philippines will ensure that access to EU classified information released to it will be authorised

only for individuals who have a valid need-to-know,

— the Republic of the Philippines will ensure that, before being given access to EU classified information, all individuals
who require access to such information are briefed on and comply with the requirements of the protective security
regulations relevant to the classification of the information they are to access,

— taking into account their level of classification, EU classified information will be forwarded to the Republic of the
Philippines by diplomatic bag, military mail services, secure mail services, secure telecommunications or personal
carriage. The Republic of the Philippines will notify in advance to the General Secretariat of the Council of the EU the
name and address of the body responsible for the security of classified information and the precise addresses to which
the information and documents must be forwarded,

— the Republic of the Philippines will ensure that all premises, areas, buildings, offices, rooms, communication and
information systems and the like, in which EU classified information and documents are stored and/or handled, are
protected by appropriate physical security measures,

— the Republic of the Philippines will ensure that EU classified documents released to it are, on their receipt, recorded in
a special register. The Republic of the Philippines will ensure that copies of EU classified documents released to it
which may be made by the recipient body, their number, distribution and destruction, are recorded in this special
register,

— the Republic of the Philippines will notify the General Secretariat of the Council of the EU about any case of
compromise of EU classified information released to it. In such a case, the Republic of the Philippines will initiate
investigations and take appropriate measures to prevent a recurrence.

For the purposes of the present rules, classified information released to the European Union by the Republic of the
Philippines will be treated as if it were EU classified information and will be granted an equivalent level of protection.

Once the present agreement has expired or been terminated, all classified information or material provided or exchanged
pursuant to it shall continue to be protected in accordance with the provisions set forth herein.

(1) OJ L 101, 11.4.2001, p. 1. Document annexed to the present letter.

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B. Letter from the Philippines

Jakarta, 17 January 2006

Your Excellency,

I have the honor to refer to the letter of your predecessor as representative of the President of the Council
of the European Union, H.E. Charles Humfrey, CMG, dated 26 October 2005, together with its Annex,
which read as follows:

‘The Memorandum of Understanding (MoU) between the Government of Indonesia (GoI) and the Free
Aceh Movement (GAM) signed at Helsinki on 15 August 2005, provides inter alia for the establishment
by the European Union and ASEAN Contributing Countries of an Aceh Monitoring Mission (AMM) in
Aceh, (Indonesia). This MoU also provides that the status, privileges and immunities of the AMM and
its members will be agreed between the GoI and the European Union.

Accordingly, I have the honour to propose, in the Annex to this letter, the provisions which would
apply to the participation of your country in the AMM, and the personnel deployed by your country,
the status, privileges and immunities of which are set out in the agreement in the GoI, the EU and the
ASEAN Contributing Countries.

I would be grateful if you could confirm your acceptance of the provisions set out in the Annex, and
also confirm your understanding that
together with your reply, shall
constitute a legally binding agreement between the EU and the Government of the Republic of the
Philippines, which shall enter into force on the day of signature of your reply, and shall remain in force
for the duration of your country's participation in the AMM.

this letter and its Annex,

Please accept, Excellency, the assurances of my highest consideration.’

In reply to this letter dated 26 October 2005, together with its Annex, I have the honor to confirm, on
behalf of the Government of the Republic of the Philippines, its acceptance of the provisions set out in the
Annex, and also confirm its understanding that this letter, shall constitute a legally binding agreement
between the Government of the Republic of the Philippines and the European Union, which shall enter into
force on the date of this letter.

Accept, Excellency, the renewed assurances of my highest consideration.

SHULAN O. PRIMAVERA
Ambassador Extraordinary and Plenipotentiary of the Republic of
the Philippines