Question & AnswerQ&A (PNP MEMORANDUM CIRCULAR NO. 2011-014)
The purpose is to prescribe the guidelines and procedures in the negotiation of international agreements or Memorandum of Agreement/Memorandum of Understanding entered into by the Philippine National Police.
The Circular refers to Treaties, Executive Agreements, Memorandum of Agreement (MOA), and Memorandum of Understanding (MOU).
Capacity Building refers to training, education, workshops, seminars, or similar activities geared towards enhancing the skills and knowledge of personnel in pursuit of their mandate.
MOA creates legally binding rights and obligations and describes specific responsibilities, while MOU is a non-legally binding instrument that outlines broad concepts of mutual understanding, goals, and plans as best-effort commitments.
The Chief of the PNP must authorize, who then seeks authorization from the President through the Secretary of Foreign Affairs.
The lead unit must formulate a draft agreement in coordination with the DFA, conduct studies if proposed by a foreign counterpart, and secure authorization from the Chief of PNP and subsequently from the President through the Secretary of Foreign Affairs.
They will be held administratively liable for less Grave Neglect of Duty and penalized pursuant to NAPOLCOM Memo Circular No. 2007-001.
It enters into force only upon compliance with domestic ratification requirements, and provisional effect may only be given if pressing national interest is shown, except for agreements requiring Senate concurrence which may not have provisional effectivity.
Full Powers is the authority granted by a Head of State or Government to a delegation head to bind the country to commitments made in negotiations.
The Chief of the PNP shall be the signatory in such case.