Treaty (25 July 1963)

July 25, 1963

AGREEMENT ON NAVAL LIAISON BETWEEN THE REPUBLIC OF THE PHILIPPINES AND THE REPUBLIC OF INDONESIA

Note : This Agreement entered into force, July 25, 1963.

PREAMBLE

THE GOVERNMENTS OF THE REPUBLIC OF THE PHILIPPINES AND THE

REPUBLIC OF INDONESIA in furtherance of the efforts to strengthen and to guarantee the smooth functioning of the friendly and brotherly relations between the two countries, as reflected in the TREATY OF FRIENDSHIP of June 21, 1951, the CULTURAL AGREEMENT of April 28, 1959, and the EXCHANGE OF NOTES of July 27, I960, have agreed to improve the direct liaison and coordinated patrol operations, being carried out by the PHILIPPINE NAVY and the INDONESIAN NAVY as provided for in the AGREEMENT signed at DJAKARTA between both Navies on January 30, 1961, in order to enforce the laws governing offenses against the security of the State, smuggling, piracy, illegal entry, and illegal fishing in all areas, between the PHILIPPINES and INDONESIA, and to cause the expeditious disposition of cases involved herein. The PHILIPPINE NAVY and the INDONESIAN NAVY, for the implementation of the above have agreed as follows:

ARTICLE I

COMMAND AND LIAISON

1. The coordinated operations of law enforcement in all the areas between the PHILIPPINES and INDONESIA shall be directed by subordinate Commands for the PHILIPPINE NAVY, the Philippine Naval Station at BATU-BATU, and for the INDONESIAN NAVY, the Indonesian Naval Station at MENADO.

2. Land-based Communications Centers shall be established in BATU-BATU and DAVAO in the PHILIPPINES and MENADO in INDONESIA.

3. Repatriation points shall be BATU-BATU and DAVAO in the PHILIPPINES and TARAKAN and MENADO in INDONESIA.

4. To achieve maximum success of the coordinated effort of the operations, each Navy shall attach a Liaison Office to the subordinate Command Headquarters of the other party. For this purpose the Liaison Officer of either country attached to the subordinate Command Headquarters o£ the other, shall be accorded consular immunities and privileges, without the necessity of accrediting them to, and or requiring them to reside In the capital cities where their respective diplomatic mission and or consular establishments are located.

ARTICLE IICONCEPT OF OPERATIONS

1. For the purpose of coordinated operations, each Navy shall make available two (2) Naval patrol vessels, which may be increased upon mutual agreement.

2. The Commanding Officer of either Naval Station may, upon receipt of specific information may request for a "coordinated patrol operations" in the high seas between the territorial waters of both countries. For purposes of coordinated patrol operations, the Coordinated Patrol Areas shall be divided into four (4) patrol areas (ANNEX II-Chart of Patrol Areas) as follows:

a. Patrol Area LUMBA-LUMBA b. Patrol Area TUNA c. Patrol Area PALUS d. Special Area BANGUS 3. The Commanding Officers of the Philippine Naval Station at BATU-BATU and of the Indonesian Naval Station at Menado shall meet periodically to exchange information, discuss and agree on methods of patrol, search, apprehension and expeditious disposition of cases involved herein.

ARTICLE III

COORDINATING DETAILS

1. Patrol operations in the respective territorial waters shall be conducted by the respective Navies and/or other law enforcement agencies of each country. Apprehensions in such operations involving nationals of the other party shall be communicated expeditiously to the latter and treated in accordance with the laws of the apprehending state unless otherwise provided for in ANNEX I.

2. Apprehensions in the coordinated patrol operations shall be disposed of in accordance with pertinent provisions of ANNEX I.

3. Inspections may be carried out on all suspect vessels flying the Philippine or Indonesian flag sailing in the Coordinated Patrol Areas except warships and government ships of each country. Any such inspection made by either party shall be expeditiously communicated to the other.

4. a. A pursuit by one party may continue up to within the territorial watery of the other party only with consent of the latter.

b. In case of "hot pursuit" where the object of the pursuit is expected to take refuge in the territorial waters of the other party, the party pursuing shall inform the other party, who shall continue with the pursuit and make the final apprehension.

c. In the event that in either party's territory there are elements that have escaped pursuit or evaded arrest and are then in hiding, the party in whose territory such elements are found shall arrest them.d. In cases of apprehensions under paragraphs 4-a, 4-b, and 4-c, the apprehending or arresting party shall deliver their persons and evidences to the party pursuing or requesting arrest, except when these elements have also violated laws of the country where apprehended in which case delivery shall be deferred until after final disposition of their additional violations.

5. Whenever a national of one country is apprehended by any government agency in the territory of the other, the Naval Station Commander of the apprehending country, upon receipt of such information or upon inquiry from the other, shall immediately communicate to the latter such arrest, giving the status and action taken.

ARTICLE IV

EXCHANGE OF INFORMATION AND INTELLIGENCE

In order to obtain efficiency of coordinated patrol operations, a maximum exchange of information and intelligence shall be undertaken by both Navies. The exchange shall be in accordance with the intelligence Exchange Procedure per ANNEX III.

ARTICLE V

COMMUNICATIONS PROCEDURE

Communication to effect efficient coordination of operations shall be according to the Communications Procedure per ANNEX IV.

ARTICLE VI

ADMINISTRATIVE MATTERS

Logistical arrangements for the conduct of the coordinated patrol operations and the maintenance of the office of the Liaison Officer and his official household shall be the responsibility of each country course through the respective diplomatic mission and/or consular establishment. Urgently-needed logistical items may however be provided by the Command Headquarters of either party to the Liaison Officer and units of the party on reciprocal basis.

ARTICLE VII

INTERPRETATION

1. In case of divergence of opinion on the implementation and settlement of matters laid down in this Revised Agreement, the same shall be submitted to the respective Governments for remedial guidance pending final resolution.

2. Matters not covered by this Revised Agreement shall be the subject of further negotiations.

ARTICLE VIII

TEXTThis Revised Agreement is done in the English and the Indonesian Languages which are equally valid.

ARTICLE IX

EFFECTIVITY

This Revised Agreement shall take effect upon the signing of this instrument. Manila, 25 July 1963 JUAN B. MAGLUYAN R. E. MARTADINATA Commodore PN Rear Admiral ALRI Flag Officer in Command Minister /Chief of Staff Philippine Navy Indonesian Navy ANNEX 1 - Administrative Guide to the Revised Agreement on Direct Liaison and Coordinated Patrol Operations in All Areas Between the PHILIPPINES and INDONESIA by the Philippine Navy and the Indonesian Navy.

I. SMUGGLING:

A. Definition. — The act of bringing into or taking out the country merchandise or articles contrary to the laws and/or rules and regulations of either country.

B. Judicature/Jurisdiction. —

1. Carriers of smuggled goods- Carriers of smuggled goods of either Philippines or Indonesian registry apprehended during coordinated patrol operations shall be turned over to the country of the carrier's registry, or in default, the nationality of the captain/patron, for proper disposition.

2. Smugglers. — Judicature/Jurisdiction over persons apprehended for smuggling in the Coordinated Patrol Areas shall be in accordance with their nationality.

3. Smuggled Goods. — Smuggled goods and their supporting evidences coming from either country apprehended in the Coordinated Patrol Areas shall be turned over to either country where they came from,except firearms and narcotics and their supporting evidences which shall be retained by the apprehending party.

II. Piracy:

A. Definition - (Convention of the High Seas 1958) Piracy consists of any of the following acts:

1. Any illegal acts of violence, detention or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft and directed:

a. On the high seas, against another ship or aircraft or against persons or property on board such ship or aircraft;

b. Against ship, aircraft, persons or property in a place Outside the jurisdiction of any state;

2. Any act of voluntary participation in the operation of a ship or an aircraft with knowledge of facts making it a pirate ship or an aircraft;

3. Any act of inciting or of intentionally facilitating an act described in sub-paragraph 1 or sub-paragraph 2 above. A ship or aircraft is considered a pirate ship or aircraft if it is intended by the persons in dominant control to be used for the purposes of committing one of the acts referred to in paragraph II-A. The same applies if the ship or aircraft has been used to commit any such act, as long as it remains under the control of the persons guilty of that said act.

B. Judicature/Jurisdiction —

1. When a pirate ship is seized by operation of this agreement judicature/jurisdiction will be in accordance with the national laws of the apprehending country.

2. If the pirate vessel has been seized from the control of its original crew and passengers, the pirate vessel will be restituted to its rightful owner.

3. If the pirate vessel is owned by the pirates themselves, the pirate ship will be disposed of as may be ordered by the court with jurisdiction.

III. POSSESSION AND CARRYING OF FIREARMS:The right of a national of either country to carry duly licensed firearms while travelling will be in accordance, with the laws of the country where he is travelling.

IV. ILLEGAL ENTRY:

A. Illegal Entrants - Illegal entrants are aliens who have entered the country (1) without any inspection and admission by the immigration authorities at a designated port of entry, (2) by means of false and misleading statement or representations, or (3) at any place other than a designated port of entry, 2. Nationals of either country who may be apprehended by either party for illegal entry in violation of the laws of either country, may be detained and shall be summarily repatriated.

B. Arrivals Under Stress - After due investigation/verification, nationals on board vessels drifted to jurisdictional waters of the other country by weather or currents, or arriving under stress, distress or through force majeure shall be treated with courtesy and extended as much help as may be possible, including escorting back to open sea when conditions permit or as warranted. In case the vessel is rendered unfit for navigation, said nationals shall be brought to or caused to be brought to the Naval Station for appropriate repatriation process.

V. ILLEGAL FISHING:

Illegal fishing within the territorial waters of each country shall be disposed of in accordance with law of the situs of the offense.

VI. ADMINISTRATIVE DETAILS:

A. Expenses - Arrangements for repatriation shall be agreed upon by the respective Naval Commanders. While under detention pending repatriation, expenses for their subsistence and medical treatment shall be borne by their respective countries from the moment of notification of their detention.

B. Documents - 1. In turning over the repatriates, forms per APPENDIX I shall be accomplished and shall be accompanied by copies of Investigation Reports and Certifications of Immunization. The Subsistence Vouchers and Medical charges shall beforwarded to the respective Consulate/Embassy for billing purposes.

2. In the event that goods and/or vessel are to be returned, the turn over to the authorized representatives of each country (liaison officer, Consulates, etc) or respective Naval Commanders shall be accomplished per APPENDIX 2.

APPENDIX I TO ANNEX I

Administrative Guide REPATRIATION REPORT 1. The undersigned: LT HERMINIO W TANTOCO in accordance with the Agreement on the Implementation of Coordination and Direct Liaison between the Philippine Navy and the Indonesian Navy in the area between the Philippines and Indonesia signed on 30 January 1961 at Djakarta, herewith hands over to the care of MAJ K SOEFRAPTO twenty-eigth (28) Indonesian Nationals.

2. List of persons attached. Tarakan, Kalimantan Timur 16 September 1962 Commanding Officer Commanding Officer Naval Station Menado Naval Station Batu-Batu ______________________________ ____________________________ (Officer Receiving) (Officer Repatriation) ______________________________ (Immigration or Witness) Place of Particulars of No. Name Sex Age Occupation Ship Origin Baggages Remarks 1 Ismula M 40 Fisherman Shin Tarakan 1 Valise ofDrifed by Kong clothes, force No. 2 boxes ofmajeure to 33 food Bongao, provisions Tawi and turned over by 108-PC to CO, NSBB 1bag of 2 Abdulasad M 21 " " " " clothes 1 knifeMenado, Sulowesi 16 September 1962 Commanding Officer Commanding Officer Naval Station Menado Naval Station Batu-Batu _____________________________ ____________________________ (Note: The repatriating or receiving officer may be Co's of ships) PHILIPPINE NAVY NAVAL STATION BATU-BATU Batu Batu, Tawi Tawi, Sulu Date Taken Amount No. Name Nationality Repatriated Signature in Received I HEREBY CERTIFY that the amount set opposite each name is correct and the total amount hereon has been paid and/or credited to NSBB Mess Concessionaire.

APPROVED: ______________________________ ______________________________ Commanding Officer Finance & Mess Officer Received the total amount of _________________ P ________________ from persons as indicated above/Finance & Mess Officer this _______________ day of ________________________ 196 ___. ______________________ NSBB Mess Concessionaire APPENDIX 2 TO ANNEX 1 Administrative Guide OFFICIAL REPORT 1. The undersigned: LT HERMINIO W TANTOCOin accordance with the Agreement on the Implementation of Coordination and Direct Liaison between the Philippine Navy and the Indonesian Navy in the area between the Philippines and Indonesia signed on 30 January, 1961 at Djakarta, herewith hands over to the care of MAJ K SOEFRAPTO a) Seven (7) sacks of pahala nuts.

b) Five (5) assorted firearms, and c) One (1) parangkang 2. Nomenclature of firearms attached. Menado, Sulowesi 16 September 1962 ______________________________ _____________________________ Commanding Officer Commanding Officer Naval Station Menado Naval Station Batu-Batu ______________________________ (Witness)ANNEX III — Intelligence Exchange Procedure to the Revised Agreement on Direct Liaison and Coordinated Patrol Operations in all waters between the PHILIPPINES and INDONESIA by the Philippine Navy and the Indonesian Navy.

1. BASIS: This annex is published based on the provisions- of Article IV of the Revised Agreement on Coordinated Patrol Operations in all watersbetween the Philippines and Indonesia by the Philippine Navy and the Indonesian Navy.

2. RESPONSIBILITY: The commanding officer of the Philippine Naval Station at BATU-BATU and the Indonesian Naval Station at Menado shall be responsible for the proper implementation in the exchange of information and intelligence.

3. PROCEDURE:

a. Commanding officers of the Philippine Naval Station at BATU-BATU and the Indonesian Naval Station at Menado shall be authorized to exchange information and intelligence pertinent to the crimes and offenses as enumerated in the Preamble of this Revised Agreement.

b. The means of transmission shall be determined by the sending party pursuant to the provisions of Annex IV of this Revised Agreement.

c. Other methods of transmittal shall be mutually agreed upon by both the commanding officers of the Philippine Naval Station at BATU-BATU and the Indonesian Naval Station at Menado for the expeditious and efficient exchange of information and intelligence within their spheres of responsibility.

4. INTERROGATION: The Liaison Offices whose nationals were apprehended by the other party may interrogate his nationals upon proper representation with the apprehending party.

5. CLASSIFICATION:

a. The degree of classification given exchanged information and intelligence shall be in accordance with security regulations of each respective Navies and shall be handled according to its original classification.

b. Security classifications shall not be changed without the mutual consult and/or agreement by both Navies.

6. EXCHANGE WITH A THIRD STATE: Information, Intelligence and other related material which is acquired by one party from the other shall not be disseminated to a Third State, its agents and/or nationals without the consent of the party from which the material was acquired. ANNEX IV — Communications Procedure to the Revised Agreement onDirect Liaison and Coordinated Patrol Operations in All Waters Between the PHILIPPINES and INDONESIA by the Philippine Navy and the Indonesian Navy 1. GENERAL: Communications between the Philippine Navy and the Indonesian Navy shall be in accordance with the International Code of Signal. Visual signalling is the primary means of communications between ships of both Navies when within visual distance, while land-based communications centers shall use radio telegraphy for contacting each other on the following frequencies: STATION FREQUENCY CALL SIGN a. MENADO 6315 Kcs PL2F b. BATU-BATU 6315 Kcs DWN7 2. TIME SCHEDULE: Land-based communications centers shall operate their transmitters from 0900H to 1000H and from 1500H to 1600H daily. However, the receivers of both centers shall be continuously tuned in on the abovementioned frequency for urgent messages.

3. REPORTS: Reporting procedures shall be in accordance with Appendix 1 to this Annex.

4. MESSAGE FORMAT: Message for transmission shall be prepared according to the format in appendix 2 to this annex.

5. LIST OF PROSIGNS: Appendix 3 to this annex contains a list of prosigns authorized for use between the Philippine Navy and the Indonesian Navy.

APPENDIX I TO ANNEX IV REPORTING PROCEDURE

1. PURPOSE: This Reporting Procedure is to be used for carrying out the coordinated patrol operations between the Philippine Navy and the Indonesian Navy on law enforcement in the area between the PHILIPPINES and INDONESIA.2. REPORTS:

A. Movements COURSE AND BEARINGS: Expressed in three numerals representing degrees. These are true unless otherwise stated. Course and speed should be expressed as: COURSE 080 SPEED 11 The words degrees and knots are generally not necessary DISTANCE : Nautical miles RANGE : Yards and hundreds of yards SPEED : KNOTS HEIGHTS : Feet or thousands of feet DEPTH : Fathoms.

B. Date-Time Group: Consists of six figures, the first two indicate date and the last four time. One or two letters may be added to indicate zone suffix. Example: 120700H NOV 61 C. Position: These can be expressed as follows:

(1) Latitude and Longitude: Group must be separated by N or S.

(2) Bearing and distance from a geographic point or lettered, position: Always in sequence: 'Bearing' 'Point' and 'Distance'. Example: 112 Batu-Batu 3 or 270 BB 16.

(3) Position report. While on passage, ships are to report their position, course and speed at 0800 local time daily.

D. Contact: The following message is to be sent in case a smuggle vessel is apprehended: AAAR Identification of a vessel apprehended. BB Name (number) and type of the apprehended vessel.CC Tonnage. DDNationality EE Cargo specifications (general) FF Number of crew. GGPosition of apprehension. HHMessages concerning courses of action request, etc. II Date time group of apprehension.

APPENDIX 2 TO ANNEX IV MESSAGE FORMAT PARTICULARLY FOR COMMUNICATION BETWEEN TEH PHILIPPINE NAVY - THE INDONESIAN NAVY PROSIGN TELEGRAPHY TELEPHONY PARTS COMPONENTS ELEMENTS (MORSE) (SPOKEN) HEADINGA. 1. CALL DE THIS IS RELAY PROCEDURE 2. T; G; F; TO; READ TRANSMISSION BACK; DO IDENTIFICATION NOT ANSWER

3.

TRANSMISSION INSTRUCTIONS

B. PREAMBLE 4.PRECEDENCE Z; Y; O; P; R; FLASH;

& DATE TIME M; EMERGENCY; GROUP OPERATIONAL IMMEDIATE; ROUTINE; DERERRED TIME SPOKEN BETWEEN PRECEDENCE & TIME GROUP.

C. ADDRESS 5. ORIGINATORS FM FROM SIGN; TO TO ORIGINATOR INFO INFO

6. ACTION ADDRESSEE SIGN; ACTION ADDRESSE 7.

INFORMATION ADDRESSE SIGN;INFORMATION ADDRESSEE

D. PREFIX 8. GROUP GR GROUP COUNT TEXT E. BT BREAK ENDING SEPARATION

F. TEXT 9. SUBJECT MATTER G. BT BREAK SEPARATION H. 10. DATE TIME B; PRECEDED BY PROCEDURE 11. FINAL K; AR TIME MORE INSTRUCTIONS TO FOLLOW;

12. ENDING OVER; OUT SIGN APPENDIX 3 TO

ANNEX IV

LIST OF PROSIGN AND PROWORDS PROSIGN PROWORD (MORSE) MEANING (SPOKEN)

AA Unknown station UNKNOWN STATION AA All After ALL AFTER AB All before ALL BEFORE AB End of transmission, no receiptOUT AS required WAIT AS AR I must pause for a few seconds WAIT OUT B I must pause longer than a fewMORE TO FOLLOW BT seconds, will call you back BREAK C More to follow THAT IS CORRECT DE Break THIS IS Correct TIME From CORRECTION EEEEEEEE That which immediately follows isDISREGARD THIS EEEEEEEE the time or date-time group of thisTRANSMISSION AR message DO NOT ANSWER F Error FROM FM This message is in error, disregard it READ BACK G Do not answer Originator's sign I READ BACK GR Repeat this entire transmission backGROUPS (Numerals) (Numerals) to me SPEAK SLOWER The following is my response to your instructions to read back Group II count SAY AGAIN IMI Your transmission is at too fast aI SAY AGAIN speed. I SPELL Reduced speed of transmission WORD TWICE Separative Sign Repeat I am repeating transmission orINFO INFO portion indicated I shall spell the next words phonetically OVERINT Communication is difficult Transmit K (ting) each phrase (or each codeMESSAGE FOLLOWS group) twice. This proword may beDEFERRED used as an order, request, or as M information FIGURES NR The address designationOPERATIONAL immediately following are addressedIMMEDIATE O for information PRIORITY P Interrogative ROGER R Go ahead; or this is the end of myROUTINE transmission to you and a response isRELAY (TO) necessary T Message requiring recording follows TO Deferred precedence WORD AFTER TO Station serial number WORD BEFORE WA Numerals or numbers follow WRONG WB Operational Immediate Precedence EMERGENCY Priority Precedence FLASH I have received your transmission Y satisfactorily Z Routine precedence Transmit this message to all addressees or to the address designations immediately following Action Addressee Word after Word Before Your last transmission was incorrect The correct version is Emergency precedence Flash precedence