Procedure for Government Approval of Activities under the RP-US Visiting Forces Agreement

April 21, 2006

MEMORANDUM ORDER NO. 212

ESTABLISHING A PROCEDURE FOR THE APPROVAL OF ACTIVITIES BY THE PHILIPPINE GOVERNMENT UNDER THE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA REGARDING THE TREATMENT OF UNITED STATES ARMED FORCES VISITING THE PHILIPPINES

WHEREAS, the agreement between the Government of the Republic of the Philippines (RP) and the Government of the United States of America (US) regarding the treatment of United States Armed Forces Visiting the Philippines, otherwise known as the RP-US Visiting Forces Agreement (VFA),was signed on February 10, 1998 and entered into force on June 1, 1999;

WHEREAS, the RP-US Visiting Forces Agreement essentially provides for the mechanism for regulating the circumstances and conditions under which US armed forces and personnel may be present in the Philippines in connection with activities approved by the Philippine Government;

WHEREAS, the establishment of the Security Engagement Board implements the provisions of the VFA, provides the framework and mechanism for direct and continuing liaison and consultation between appropriate RP and US authorities on non-traditional security concerns, including international terrorism, and serves as the forum for discussions and planning of concrete measures and arrangements designed to enhance RP-US cooperation in this regard;

WHEREAS, under the VFA, all measures and arrangements recommended by the Security Engagement Board, shall be subject to the approval by appropriate authorities of the Government of the Republic of the Philippines;

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the power vested in me by law, do hereby order:

SECTION 1. Approval. — The Secretary of Foreign Affairs and the Secretary of National Defense shall have the authority to jointly approve cooperative measures and arrangements recommended by the Security Engagement Board (SEB). In the discharge of this responsibility, they shall ensure that all cooperative measures and arrangements are in accordance with the Philippine Constitution and applicable laws, rules and regulations, and consistent with pertinent principles of international law and mutual respect for each nation's sovereignty. A report of all actions taken in this regard shall be regularly submitted to the Office of the President. CADSHI

SECTION 2. Inter-Agency Participation and Support.— The Secretary of Foreign Affairs and the Secretary of National Defense may call upon any department, bureau, office or agency of government to participate in the security consultative process, provide technical and other necessary support to the SEB, and take part in the activities and exercises relating to non-traditional security concerns duly approved by the Philippine Government.

The respective department, bureau, office or agency of government shall bear the cost of its participation in the SEB process as well as in any approved measures and arrangements.

SECTION 3. Repealing Clause.— All orders and issuances that are inconsistent with this Memorandum Order are hereby repealed or modified accordingly.

SECTION 4. Effectivity.— This Memorandum Order shall take effect immediately.

DONE in the City of Manila, this 21st of April, in the year of Our Lord, Two Thousand and Six.