December 23, 1970

EXCHANGE OF NOTES BETWEEN THE REPUBLIC OF THE PHILIPPINES AND THE INTERNATIONAL SECRETARIAT FOR VOLUNTEER SERVICE CONCERNING THE ESTABLISHMENT OF ASIAN REGIONAL OFFICE IN THE PHILIPPINES

Note: The Agreement entered into force, December 23, 1970.

Reference: This Agreement is also published in IX DFA TS No. 1, p. 78.

INTERNATIONAL SECRETARIAT FOR VOLUNTEER SERVICE

Manila, 23 December 1970

Excellency:

I have the honor to refer to our recent conversation concerning appropriate arrangements between the International Secretariat for Volunteer Service and the Government of the Republic of the Philippines with regard to the establishment of the Asian Regional Office of ISVS in Manila, and to propose, on behalf of the International Secretariat for Volunteer Service, that the text given below become the substance of an agreement between ISVS and your Government to replace and supersede the Exchange of Notes between the Honorable Ernesto M. Maceda, former Secretary of the Presidential Arm on Community Development, and Dr. Michael U.R. von Schenck, Secretary-General of the ISVS, dated February 2, 1968.

Functions

1. The Asian Regional Office, as recommended by the 16-nation Asian Conference on Volunteer Programs held in Manila in June 1966, and ratified by the ISVS World Assembly held in New Delhi in March 1967, shall have the following functions:

a. provide regional leadership in stimulating and developing volunteer ism;

b. promote the establishment and strengthening of national coordinating councils in every member country, whose function is to facilitate coordination, cooperation and regional information exchange among such countries and organizations;

c. operate as a clearing house of requests for and offers of volunteers to insure that all regional needs are known and all available resources are tapped without prejudice to or interfering with any bilateral arrangements between the respective countries involved;

d. to establish a system of collection, collation and dissemination of information materials, including printed materials, films, slides, etc.

e. to establish and keep up-to-date a roster of personnel and institutional resources available for training in the region.

2. The Asian Regional Office shall also promote, coordinate and assist volunteer exchange programs and projects in cooperation with the various Asian and Pacific regional intergovernmental and non-governmental organizations and institutions and with the agencies of the United Nations.

Organization 1. The Philippine Government through the Philippine National Volunteer Service Committee shall act jointly with ISVS in the establishment of the Asian Regional Office of ISVS in Manila. ISVS will, from its budget, provide the necessary funds to cover the operational cost of the Asian Regional Office. The details pertaining to the implementation of the organization shall be worked out between the Philippine National Volunteer Service Committee, in behalf of the Philippine Government, and the International Secretariat for Volunteer Service.

2. ISVS shall endeavor to obtain additional funds to supplement its budgetary resources for the support of worthy activities or projects utilizing volunteers in Asia and the Pacific.

Privileges and Immunities 1. ISVS shall possess full juridical personality and in particular, full capacity to contract, to acquire, and dispose of, immovable property; and to institute legal proceedings.

2. ISVS and its property and assets shall enjoy immunity in the Philippines from judicial and administrative processes, except in those cases in which such immunity is expressly waived by the Secretary General of ISVS.

3. ISVS and its property and assets shall be exempt from all taxes and customs duty on supplies or items imported by ISVS for its official use, as well as the importation of its publication, photographs, films, tapes or recordings, which shall not be sold except under conditions agreed upon with the Government.

4. ISVS may receive and hold funds or currencies of any kind and operate accounts in any currency and shall be free to transfer its funds within die Philippines or to other countries for the purpose of converting currency held by it into any other currency, subject to the provisions of pertinent Philippine laws, rules and regulations.

5. ISVS shall enjoy in the Philippines for its official communications treatment not less favorable than that accorded by the Government of the Philippines to any other government, including its diplomatic missions, in the matter of priorities, rates and taxes of mails, cables, telegrams, radiograms and telephone and other communications.

6. Officials, experts or employees of ISVS who may be assigned to the Asian Regional Office shall be immune from all legal processes in respect of acts performed by them and words spoken or written by them in the performance of their functions.

7. Officials, experts or employees of ISVS other than Philippine nationals who may be assigned to the Asian Regional Office shall:

a. be exempt from taxation on the salaries and emoluments paid to them by ISVS;

b. be exempt, together with their authorized dependents, from immigration restrictions and alien's registration formalities;

c. enjoy immunity from any compulsory national service;

d. be accorded the same privileges in respect of exchange facilities as are enjoyed by members of the diplomatic corps; and

e. be allowed to import, tax and duty free, their furniture and effects at the time of first taking up their post at the Asian Regional Office, and shall be granted permits for the import of one motor vehicle each at any time during their official duty in the Philippines.

8. Officials of ISVS Headquarters coming to the Philippines on official missions for the ISVS shall enjoy the same immunities and facilities in respect of their personal baggage as are accorded to members of the diplomatic corps.

9. Exemptions, privileges and immunities are granted to officials, experts and employees of ISVS exclusively in the interest of ISVS. The Secretary-General of ISVS shall waive the exemptions, privileges and immunities in any case where, in his opinion, their exercise would impede the course of justice and can be waived without prejudice to the interests of ISVS. ISVS shall pay due regard to any complaint which the Government may make and shall cooperate with the appropriate authorities to facilitate the proper administration of justice and ensure observance of police regulations. I have the honor to propose that, if these understandings are acceptable to the Government of the Republic of the Philippines, this Note and Your Excellency's reply Note concerning therein shall constitute an agreement between the International Secretariat for Volunteer Service and the Government of the Republic of the Philippines which shall enter into force on the date of your Excellency's reply Note. This agreement shall remain in force until ninety days after the date of written notification from either the International Secretariat for Volunteer Service or from the Government of the Republic of the Philippines to the other of its intention to terminate it.

Accept, Excellency, the assurances of my highest consideration.

	(Sgd.) BENJAMIN SELLA
	Regional Representative for Asia
	International Secretariat for Volunteer Service

DEPARTMENT OF FOREIGN AFFAIRS

Manila, 23 December 1970

Sir:

I have the honor to acknowledge the receipt of your Note of today's date, which reads as follows:

"I have the honor to refer to our recent conversation concerning appropriate arrangements between the International Secretariat for Volunteer Service and the Government of the Republic of the Philippines with regard to the establishment of the Asian Regional Office of ISVS in Manila, and to propose, on behalf of the International Secretariat for Volunteer Service, that the text given below become the substance of an agreement between ISVS and your Government to replace and supersede the Exchange of Notes between the Honorable Ernesto M. Maceda, former Secretary of the Presidential Arm on Community Development, and Dr. Michael U.R. von Schenck, Secretary General of the ISVS, dated February 2, 1968.

Function

"1. The Asian Regional Office, as recommended by the 16-nation Asian Conference on Volunteer Programs held in Manila in June 1966, and ratified by the ISVS World Assembly held in New Delhi in March 1967, shall have the following functions:

a. provide regional leadership in stimulating and developing volunteerism;

b. promote the establishment and strengthening of national coordinating councils in every member country, whose function is to facilitate coordination, cooperation and regional information exchange among such countries and organizations;

c. operate as a clearing house of requests for and offers of volunteers to insure that all regional needs are known and all available resources are tapped without prejudice to or interfering with any bilateral arrangements between the respective countries involved;

d. to establish a system of collection, collation and dissemination of information materials, including printed materials, films, slides, etc;

e. to establish and keep up-to-date a roster of personnel and institutional resources available for training in the region.

"8. Officials of ISVS Headquarters coming to the Philippines on official missions for the ISVS shall enjoy the same immunities and facilities in respect of their personal baggage as are accorded to members of the diplomatic corps.

"9. Exemptions, privileges and immunities are granted to officials, experts and employees of ISVS exclusively in the interest of ISVS. The Secretary-General of ISVS shall waive the exemptions, privileges and immunities in any case where, in his opinion, their exercise would impede the course of justice and can be waived without prejudice to the interests of ISVS. ISVS shall pay due regard to any complaint which the Government may make and shall cooperate with the appropriate authorities to facilitate the proper administration of justice and ensure observance of police regulations. "I have the honor to propose that, if these understandings are acceptable to the Government of the Republic of the Philippines, this Note and Your Excellency's reply Note concerning therein shall constitute an agreement between the International Secretariat for Volunteer Service and the Government of the Republic of the Philippines which shall enter into force on the date of Your Excellency's reply Note. This agreement shall remain in force until ninety days after the date of written notification from either the International Secretariat for Volunteer Service or from the Government of the Republic of the Philippines to the other of its intention to terminate it.

"Accept, Excellency, the assurances of my highest consideration.''

I have the honor to confirm the understanding set forth in your Note on behalf of the Government of the Republic of the Philippines.

Accept, Excellency, the assurances of my highest consideration.

	(Sgd.) CARLOS P. ROMULO
	Secretary of Foreign Affairs

Source: Supreme Court e-Library