The Taipei Economic and Cultural Office in the Philippines
(TECO) and the Manila Economic and Cultural Office in Taiwan
(MECO), herein referred to as the “ Parties ”;
Desiring to facilitate the effective cooperation between the law
enforcement authorities of both Parties on fisheries matters by
establishing a mechanism on the basis of mutual respect,
reciprocity, and mutual benefit;
Adhering to their respective laws, regulations as well as
international law and practice;
Have concluded an understanding as follows:
Article 1
Scope of cooperation
1. The Parties shall, in accordance with this Agreement and
their respective laws, exert best efforts to provide mutual
assistance through their respective relevant authorities in
connection with law enforcement proceedings related to
fisheries matters.
2. Such cooperation shall include:
a) establishing a law enforcement cooperation mechanism;
b) establishing an emergency notification system;
c) establishing a prompt release mechanism;
d) any other form of cooperation consistent with their
respective laws.
Article 2
Avoiding the use of violence or unnecessary force
The relevant authorities of the Parties shall avoid using
violence or unnecessary force in the implementation of their
fisheries laws and other relevant regulations consistent with
international law and practice.
Article 3
Establishment of a law enforcement cooperation mechanism
1. For the establishment of a law enforcement cooperation
mechanism, the Parties agree to respectively undertake the
following:
a) Set up special contact windows and hotlines.
b) Notify, without delay, the other Party when a fishing boat
of the other Party is in breach of the provisions of the
Agreement and of the action taken by its law enforcement
agencies against fishing vessels from the other Party. The
other Party shall respect the notifying Party ’ s
notification.
c) Provide the other Party with a results report of the law
enforcement action taken against said Party ’ s fishing
vessel.
d) Formulate other concrete measures of cooperation, including
sharing of law enforcement methods and procedures and
relevant laws and regulations.
2. The Parties shall advise their respective law enforcement
agencies to observe the international law and practice of not
using imprisonment or any other form of corporal punishment
in the implementation and enforcement of fisheries laws and
regulations and of the need of clear markings and
identification in their vessels.
Article 4
Establishment of an emergency notification system
1. The Parties shall update and confirm the contact windows and
hotlines of their respective fisheries agencies and establish
contact windows and hotlines for their competent coast guard
agencies.
2. When relevant authorities of one Party takes law enforcement
action against fishing vessels from the other Party, the
first party shall, without delay, inform the pertinent
fisheries and coast guard agencies of the other Party of the
methods, procedures, and follow-up measures employed, to
which information such other Party may convey its reply.
3. Both Parties confirm the implementing details of the
emergency notification system, including time of
notification, timeframe in which notification must be given,
notification methods, and notification procedures.
Article 5
Establishment of a prompt release mechanism
1. Both Parties confirm the procedures for the prompt release of
arrested fishing vessels and their crew.
2. Procedures for the prompt release of arrested vessels:
a) When the relevant authority of one Party arrests a fishing
vessel from the other Party, the first party shall without
delay inform the other Party of the arrest.
b) The arrested vessel and its crew shall be released without
delay after posting of a reasonable bond or other security
consistent with international law and practice, or the
payment of fine in accordance with the law of the Party,
whose relevant authority made the arrest.
c) The arrested vessel and its crew shall be treated in an
appropriate manner during the period of detention.
3. The Parties shall inform their respective relevant
authorities of the procedures for prompt release of arrested
vessels and their crew.
4. The Parties shall share with each other the maritime,
fisheries, and conservation laws and regulations their
respective relevant authorities refer to when taking law
enforcement action, as well as the time, procedures, content
and methods of these actions.
Article 6
Consultations
1. Both Parties shall consult each other to promote the most
effective use of this Agreement, and provisional arrangement
on fisheries cooperation, including management and
conservation scheme for fishery operations, and their
respective maritime monitoring areas. The Parties may also
agree on such practical measures as may be necessary to
facilitate the implementation of this Agreement.
2. Both Parties shall establish a Technical Working Group (TWG)
composed of an equal number of representatives from both
Parties as may be agreed upon.
3. Both Parties, through the TWG, shall determine in detail the
cooperation schemes and ways to implement the areas of
cooperation mentioned in this Agreement.
4. The TWG shall meet annually, alternately hosted by each
Party, with the representative from the host as chairman of
the meeting. Whenever necessary, an interim meeting or
consultation may be held subject to the agreement between
both Parties.
5. The agenda of the meeting shall be mutually agreed upon by
both Parties prior to the scheduled TWG or interim meetings.
Article 7
Effectivity, amendment and termination
1. This Agreement shall be effective thirty (30) days after the
signing of this Agreement.
2. This Agreement may be amended upon the mutual written consent
of both Parties.
3. Either Party may terminate this Agreement by means of a
written notice to the other Party. Termination shall take
effect six (6) months following the date of receipt of such
notification.
IN WITNESS WHEREOF the undersigned, being duly authorized
thereto, have signed this Agreement.
DONE in duplicate in Taipei on the 5th day of November, 2015, in
the Chinese and English languages, both versions being equally
authentic.
Signed by
Taipei Economic and Manila Economic and
Cultural Office in the Cultural Office in
Philippines Taiwan
_________ _________
Gary Song-Huann Lin Antonio I. Basilio
Representative Resident
Representative
Signed in the presence of :
_________ _________
Tsay, Tzu-Yaw Asis G. Perez
Director-General Director
Fisheries Agency Bureau of Fisheries and
Council of Agriculture Aquatic Resources
___________________
Amadeo R. Perez, Jr.
Chairman
Manila Economic and Cultural Office
Our Ref.: MM15-11-___
November 5, 2015
HON. GARY SONG-HUANN LIN
Representative
Taipei Economic and Cultural Office
in the Philippines
41/F Tower 1, RCBC Plaza
Ayala Avenue, Makati City
Dear Representative Lin:
I wish to propose that Attachments A and B, discussed and agreed
by both sides during the First Technical Working Group (TWG)
meeting on 5th November 2015 in the implementation of the
Agreement (Facilitation of Cooperation on Law Enforcement in
Fisheries Matters between MECO and TECO) be formally adopted by
way of this Exchange of Letters and made part of the Agreement.
If this proposal is acceptable to your side, this letter and
your letter in reply shall constitute an understanding between
MECO and TECO, effective on the date of your reply.
With my best wishes.
Very truly yours,
ANTONIO I. BASILIO
Resident Representative
5th November, 2015
Hon. Antonio I. Basilio
Managing Director and Resident Representative
Manila Economic and Cultural Office in Taiwan
11/F, No. 176 Chang Chun Road
Taipei City, Taiwan, ROC
Dear Representative Basilio,
I have the honour to acknowledge receipt of your letter dated
5th November 2015 in regard to the adoption of the Attachments A
and B by our two sides during the First Technical Working Group
(TWG) meeting on 5th November 2015 in Taipei in the
implementation of the Agreement Concerning the Facilitation of
Cooperation on Law Enforcement in Fisheries Matters between the
Manila Economic and Cultural Office (MECO) in Taiwan and the
Taipei Economic and Cultural Office (TECO) in the Philippines,
which reads as follows:
“ I wish to propose that Attachments A and B, discussed and
agreed by both sides during the First Technical Working Group
(TWG) meeting on 5th November 2015 in the implementation of the
Agreement (Facilitation of Cooperation on Law Enforcement in
Fisheries Matters between MECO and TECO) be formally adopted by
way of this Exchange of Letters and made part of the Agreement.
If this proposal is acceptable to your side, this letter and
your letter in reply shall constitute an understanding between
MECO and TECO, effective on the date of your reply ”
In reply, I have the honour to accept, on behalf of TECO, the
foregoing proposal and to confirm that the aforesaid letter and
this reply letter shall constitute an understanding between TECO
and MECO, effective on this date.
Accept, Honourable Representative, the assurances of my highest
consideration.
Dr. Gary Song-Huann Lin
Representative