DOJ Opinion No. 133, s. 1985

DOJ OPINION NO. 133 , s. 1985 October 11, 1985 Col. Victor R. Pagulayan, Jr. Office of Civil Defense Ministry of National Defense Camp General Emilio Aguinaldo Quezon City Sir : Hereunder are our comments on the Report of the Secretary General, Office of the United Nations Disaster Relief Coordinator, Economic and Social Council relative to the proposed "Convention on Expediting the Delivery of Emergency Assistance." prLL The proposed convention aims at expediting delivery of emergency assistance which consists of all relief consignments and services of an exclusively humanitarian and non-political character to countries affected by a disaster or calamity. The draft convention contains provisions that will ensure and facilitate delivery on time of the assistance to distressed countries, the more salient of which are as follows: 1. Under Article 7, receiving State shall (a) ensure security of relief personnel, premises, facilities, means of transport, and others; (b) accord protection and facilities for the expeditious performance of their functions in terms of grant of visas, work permits and waiver of income tax; (c) facilitate export of materials used in the assistance. 2. Disaster relief communications shall be authorized and facilitated by the receiving State under Article 8. 3. Article 14 obliges the receiving State to exempt relief consignments and equipment from customs duties and internal taxes as well as grant exemption from import prohibitions or restrictions. 4. Article 15-22 provide for the assumption of justified costs by the receiving State, its maintenance of accounting and statistical records of relief consignments and destinations, initiation of appropriate proceedings in case of irregular acts by the parties to the convention, termination of assistance and provisions for transport and liability that may be incurred in the course of or in connection with the assistance. prcd We find no legal obstacle to the adoption of the draft convention. Exemption from domestic taxes and immigration requirements may be the subject of international agreements which can modify municipal legislation inconsistent with it. (Publication of the Permanent Court of Justice, Series B, No. 17, p. 32; Aroa Mines (Ltd.), Ralston's Report (1914), p. 344). Very truly yours, (SGD.) ESTELITO P. MENDOZA Minister of Justice