Law Summary
Purpose and Scope
- The Circular establishes guidelines and procedures for the Philippine National Police (PNP) in negotiating international agreements or MOAs/MOUs with foreign law enforcement.
Policy Directive
- All negotiation and execution must comply with EO 459 guidelines.
- Endorsement and approval by the Chief of the PNP is required before negotiations.
Objectives
- To provide a procedural framework for negotiating international agreements and MOAs/MOUs.
- To ensure such agreements comply with Philippine laws and are sufficient in form and substance.
Definitions of Key Terms
- Capacity Building: training and educational initiatives to enhance skills.
- Exchange of Information: reciprocal sharing of data between PNP and foreign counterparts.
- Executive Agreements: agreements similar to treaties but do not need legislative concurrence.
- Expenses: operational costs covered by each party.
- Foreign Counterpart: foreign police or law enforcement agencies.
- Foreign Organization: governmental or non-governmental groups outside the Philippines.
- Full Powers: specific authority granted by a head of state enabling binding commitments.
- International Agreement: written contracts governed by international law between PNP and foreign agencies.
- Joint Police Activities: cooperative investigations or operations mutually agreed upon.
- MOU Format: non-legally binding agreement on general principles and understanding.
- National Interest: advantage or prestige defined by the country's leadership.
- Subject of Agreement: limited to information exchange, cooperation, joint activities, and capacity building; excludes extradition or mutual assistance treaties.
- Treaties: international agreements requiring Senate concurrence following executive ratification.
- MOA Format: legally binding agreements specifying responsibilities with recourse in case of non-compliance.
Guiding Principles for Negotiations
- Prior written authorization from Chief, PNP, and subsequently from the President through DFA, is required before any negotiation.
- Full Powers and formal instructions are required for agreements involving permanent national arrangements.
- For less permanent agreements, written authorization from the President suffices.
Procedures in Negotiating International Agreements
- Drafting: The PNP unit responsible drafts the agreement in coordination with DFA, carefully choosing legally appropriate language.
- Review: The draft must be reviewed in consultation with DFA to ensure foreign policy compliance.
- Authorization to Negotiate: Written authorization from the President through DFA is secured with proposed delegation and negotiation parameters.
- Negotiation: Leads discussions with the foreign counterpart on substance and form.
- Legal Opinion: Draft agreements are submitted to DFA’s Legal Service for legal review; required renegotiations if legal issues arise.
- Approval and Signing: Final draft approved by Chief, PNP, arrangements are made for signing.
- Post-signing: Original signed agreements are forwarded to DFA for ratification processing, accompanied by summary of benefits to the Philippines.
Signatories to Agreements
- For agreements covering the entire PNP, the Chief, PNP shall sign.
- For specific units or affairs, the respective unit head signs if duly authorized by the President.
- Negotiating panel members serve as witnesses during signing.
Effectivity and Ratification
- International agreements take effect only after domestic ratification requirements are fulfilled.
- DFA determines if provisional effect is granted, limited by pressing national interest.
- Agreements requiring Senate concurrence may not have provisional effect, in accordance with constitutional provisions.
Notification and Dissemination
- Upon receipt of ratification instruments, DFA’s Office of Legal Affairs notifies relevant agencies.
- The PNP’s TDPL coordinates with DFA to disseminate the executed agreement within the PNP.
Penalties for Non-Compliance
- Violations by PNP personnel of this Circular incur administrative liability for less Grave Neglect of Duty per NAPOLCOM Memorandum Circular No. 2007-001, with applicable penalties.
Repealing Clause
- Existing policies or regulations inconsistent with this Circular are modified or repealed accordingly.
Effectivity Clause
- The Circular takes effect 15 days after filing a copy with the University of the Philippines Law Center, pursuant to administrative code provisions.