Rules Governing the Forging of International Scientific and Technological (S&T) Agreements

July 11, 2017

DOST ADMINISTRATIVE ORDER NO. 005-17

 

For purposes of coordination and consistency in the procedures in forging international S&T Agreements, the following rules shall be observed:

I. Where there is a need to forge an agreement to serve as basis/legal framework for cooperation, all DOST Agencies are hereby enjoined to adopt and use the attached Template/Model for all S&T Agreements;

II. The Model Agreement includes the basic and minimum requirements in terms of provisions such as the Scope of Cooperation, Modes/Areas of Cooperation, Implementation, Intellectual Property Rights, Amendment of the Agreement, Dispute Settlement, and Validity and Entry into Force. This is without prejudice to the inclusion of other provisions as the Parties may deem germane and necessary for purposes of forging said Agreement;

III. All draft S&T Agreements shall be coursed through the Office of the Assistant Secretary for International Cooperation (OASEC IC) as the clearing house and for further processing;

IV. The draft S&T Agreement shall be endorsed for review and clearance by the Assistant Secretary for Finance and Legal Affairs (ASEC-FLA);

V. Once cleared by the ASEC-FLA, the OASEC IC through the International Technology Cooperation Unit (ITCU) shall, where appropriate, facilitate the process necessary for the signing of the said Agreement with the Department of Foreign Affairs, otherwise, it shall inform the concerned DOST agency as to the procedure for the signing of the document. The same procedure shall apply in cases where the signatory to the S&T Agreement is the Secretary of DOST;

VI. Copy of the signed S&T Agreement of DOST agencies with their foreign counterparts shall be furnished to both the Assistant Secretary for International Cooperation (OASEC IC) and the Assistant Secretary for Finance and Legal Affairs.

This Order shall take effect immediately. Other cases/circumstances not covered by the above rules shall be subject to review and clearance by the Assistant Secretary for Finance and Legal Affairs.

(SGD.) FORTUNATO T. DE LA PEÑASecretary

ATTACHMENT

MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF SCIENCE AND TECHNOLOGY AND THE ________________________

The Department of Science and Technology (DOST) and the _____________________, hereinafter referred to as the "Parties";

Recognizing the Agreement on Scientific & Technological Cooperation between the Republic of the Philippines and the __________ signed on ___________;

Acknowledging the mutual advantages in promoting and pursuing scientific and technological cooperation;

Sharing the common desire to further strengthen scientific and technological collaboration;

Have agreed as follows:

ARTICLE I

SCOPE OF COOPERATION

The purpose of the agreement is to promote and develop, in accordance with their respective laws and regulations, scientific and technological cooperation, on the basis of the principles of equal rights and mutual advantage.

In the conduct of such cooperation, other institutions such as universities and scientific and technological organizations, local government units, and private enterprises, etc. of both countries may participate when deemed appropriate and mutually agreed upon.

ARTICLE II

MODES OF COOPERATION

The Parties shall carry out scientific and technological cooperation through the following:

a) Joint Research and Development;

b) Granting of scholarships for Master's and PhD degrees, and post-graduate studies;

c) Exchange of scientists, experts and researchers for studies, observations and training;

d) Conduct of joint training and specialized training courses;

e) Organization of joint conferences, symposia, workshops and events;

f) Promotion of collaboration between other relevant scientific institutions and organizations from the Philippines and ___________;

g) Other forms of cooperation as the two Parties may mutually agree upon.

ARTICLE III

AREAS OF COOPERATION

The Parties shall execute the modes of cooperation mentioned in Article II above, in fields mutually agreed upon, which includes, but not limited to, the following areas: CAIHTE

a)

b)

c)

d)

e)

ARTICLE IV

IMPLEMENTATION

To implement the scientific and technological cooperation provided for in Article II above, the Parties shall negotiate and conclude specific project arrangements or protocols in accordance with the provisions of this Agreement.

The specific project arrangements or protocols shall contain, among others, detailed description of the programs and activities to be jointly undertaken, the manner in which such shall be carried out, the cooperating institutions, their rights and responsibilities and the financial arrangements.

ARTICLE V

INTELLECTUAL PROPERTY RIGHTS

Matters pertaining to intellectual property rights that may arise from any project or activity pursuant to the Agreement shall be determined and agreed upon by the Parties prior to the implementation of said project or activity.

ARTICLE VI

AMENDMENT OF THE AGREEMENT

The provisions of this Agreement may be amended or modified only upon the mutual consent of the Parties, through diplomatic channels.

ARTICLE VII

DISPUTE SETTLEMENT

In the event of dispute arising from the interpretation and application of the provisions of this Agreement, the Parties shall, through diplomatic channels, resolve them by means of negotiations and consultations.

ARTICLE VIII

VALIDITY AND ENTRY INTO FORCE

This Agreement shall enter into force on the date of the latter written notification by the Parties, through diplomatic channels, indicating that their internal legal requirements for its entry force have been complied with.

This Agreement shall remain valid for a period of five (5) years and shall thereafter continue to remain in force unless one of the Parties terminates it in writing thru diplomatic channels by giving six (6) months prior notice.

Joint projects which, at the expiration of this Agreement, have already been commenced but have not yet been fully implemented, shall be carried out to their completion in accordance with the specific project arrangements.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement in ______________ on _____________ in two originals written in the English language.

 

FOR THE DEPARTMENT OF SCIENCE AND TECHNOLOGY, PHILIPPINES

FOR THE ______________________