May 23, 1973

EXCHANGE OF NOTES BETWEEN THE SEATO AND THE REPUBLIC OF THE PHILIPPINES RELATIVE TO THE ENTRY, SOJOURN, RESIDENCE AND PRIVILEGES OF FOREIGN PERSONNEL WHO MAY BE RECRUITED BY SEATO TO SERVE IN THE PHILIPPINES UNDER SEATO'S ECONOMIC AND CULTURAL PROGRAMS

Note: The Agreement entered into force, June 7, 1973.

Reference: This Agreement is also published in XII DFA TS No. 1, p. 18.

23 May 1973

Your Excellency,

I have the honour to refer to SEATO activities in the Philippines and to propose the following arrangement relative to the entry, sojourn, residence and privileges of foreign personnel who may be recruited from time to time by SEATO to serve in the Philippines under the Organization's economic aid and cultural programmes:

(1) any person, not of Filipino nationality, recruited and paid by SEATO to serve in the Philippines as a professor, technician, consultant, expert or in other similar capacity, under the Organization's economic aid and cultural programmes, shall enjoy exemption from direct taxation in regard to his/her income;

(2) provided his/her term of duty is for a year or more, the said person shall be allowed to import free of duty into the Philippines his/her household and personal effects and one motor car for personal or official use as well as such equipment or materials as are not locally produced for use directly by said personnel in connection with his/her assignment; provided further that such household and personal effects, motor car (one), and equipment or materials accompanying them or arriving within a reasonable time before or after their entry into the Philippines shall be re-exported after the termination of the tour of duty of the said personnel. If the household and personal effects and car are to be sold, conveyed or transferred in any manner whatsoever, due notice shall be given by SEATO to the Department so that the customs duty and taxes due thereon may be collected from the buyers or transferees thereof;

(3) subject to the laws and regulations of the Philippines relating to the
entry, and sojourn of aliens, the said person, together with members of his/her family and persons forming part of" his/her household, will be accorded sympathetic consideration and appropriate facilities in matters concerning entry into and sojourn within the country;

(4) for the purposes of these arrangements, the name of the said person and other pertinent details shall in all cases be communicated in advance to the Philippine Government by the South-East Asia Treaty Organization;

(5) it is understood that these arrangements are designed to attract candidates to serve in the Philippines under SEATO auspices and should, therefore, be given immediate effect.

Upon receipt of a letter from Your Excellency indicating that the foregoing is acceptable to the Government of the Philippines, the Organization will consider that an agreement between the Organization and the Government of the Philippines on this subject has been reached with effect from the date of Your Excellency's letter in reply.

I have the honour to be, with highest consideration, Your Excellency's obedient servant.

(Sgd.) SUNTHORN HONGLADAROM

Secretary General

7 June 1973

Excellency,

I have the honor to acknowledge receipt of your Note of 23 May 1973, which reads as follows:

"Your Excellency,

I have the honour to refer to SEATO activities in the Philippines and to propose the following arrangement relative to the entry, sojourn, residence and privileges of foreign personnel who may be recruited from time to time by SEATO to serve in the Philippines under the Organization's economic aid and cultural programmes:

(1) any person, not of Filipino nationality, recruited and paid by SEATO to serve in the Philippines as a professor, technician, consultant, expert or in other similar capacity, under the Organization's economic aid and cultural programmes, shall enjoy exemption from direct taxation in regard to his/her income;

(2) provided his/her term of duty is for a year or more, the said person shall be allowed to import free of duty into the Philippines his/her household and personal effects and one motor car for personal or official use as well as such equipment or materials as are not locally produced for use directly by said personnel in connection with his/her assignment; provided further that such household and personal effects, motor car (one), and equipment or materials accompanying them or arriving within a reasonable time before or after their entry into the Philippines shall be re-exported after the termination of the tour of duty of the said personnel. If the household and personal effects and car are to be sold, conveyed or transferred in any manner whatsoever, due notice shall be given by SEATO to the Department so that the customs duty and taxes due thereon may be collected from the buyers or transferees thereof:

(3) subject to the laws and regulations of the Philippines relating to the entry and sojourn of aliens, the said person, together with members of his/her family and persons forming part of his/her household, will be accorded sympathetic consideration and appropriate facilities in matters concerning entry into and sojourn within the country;

(4) for the purpose of these arrangements, the name of the said person and other pertinent details shall in all cases be communicated in advance to the Philippine Government by the South-East Asia Treaty Organization;

(5) it is understood that these arrangements are designed to attract candidates to serve in the Philippines under SEATO auspices and should, therefore, be given immediate effect.

Upon receipt of a letter from Your Excellency indicating that the foregoing is acceptable to the Government of the Philippines, the Organization will consider that an agreement between the Organization and the Government of the Philippines on this subject has been reached with effect from the date of Your Excellency's letter in reply.

I have the honour to be, with highest consideration, Your Excellency s obedient servant.

(Sgd) SUNTHORN HONGLADABOM

Secretary General

The arrangements relative to the entry, sojourn, residence and privileges of foreign personnel who may be recruited from time to time by SEATO to serve in the Philippines under the Organization's economic aid and cultural programmes which are proposed in your letter are acceptable to the Government of the Republic of the Philippines and it is agreed that your Note and this Note constitute an agreement in this matter between the Philippine Government and the South-East Asia Treaty Organization which shall enter into force immediately.

Accept, Excellency, the assurances of my highest consideration.

(Sgd.) CARLOS P. ROMULO

Secretary of Foreign Affairs