MEMORANDUM OF UNDERSTANDING

KNOW ALL MEN BY THESE PRESENTS:

This MEMORANDUM OF UNDERSTANDING (the "MOU") is entered into by and between:

BUREAU OF FISHERIES AND AQUATIC RESOURCES (BFAR), a Philippine

government agency, with principal office at BPI Compound, Brgy. Vasra, Visayas
Ave, Diliman, Quezon City, represented herein by Office-In-Charge, Atty.
Demosthenes R. Escoto;

The NATIONAL FISHERIES RESEARCH AND DEVELOPMENT INSTITUTE

(NFRDI), a Philippine govemment agency, with principal office at 5/F Corporate
101 Building, Mother Ignacia Ave., Quezon City, represented herein by Executive
Director Lilian C. Garcia, CESO V;

The WESTERN AND CENTRAL PACIFIC FISHERIES COMMISSION (WCPFC),

a Regional Fisheries Management Organization, with office address at Kaselehlie
Street, Kolonia, Pohnpel State, Federated States of Micronesia, represented
herein by its Executive Director, Mr. Feleti Teo.

BFAR, NFRDI and WCPFC may be singly referred to as "Party," and collectively, the
*Parties".

As reference, WPEA-ITM shall refer to the Western Pacific East Asia - Improved Monitoring
Project.

WITNESSETH:

WHEREAS, Republic Act No. 8550, as amended by Republic Act No. 10654, otherwise
known as the "Philippine Fisheries Code of 1998," declares the policy of the State to ensure
the rational and sustainable development, management and conservation of the fishery and
aquatic resources in the Philippine waters including the Exclusive Economic Zone (EEZ)
and in the adjacent high seas, consistent with the primordial objective of maintaining a
sound ecological balance, protecting and enhancing the quality of the environment;

WHEREAS, the WCPFC is the Implementing Partner of the WPEA-ITM funded by the New
Zealand Government's Ministry of Foreign Affairs and Trade (NZ MFAT), and that the
project is managed by a consultant reporting to WCPFC,

RECOGNIZING that there is a need to strengthen data collection in the Philippines to

further improve compliance with WCPFC requirements, reduce uncertainties in WCPO
catch and stock assessment;

THEREFORE, for and in consideration of the foregoing premises, the PARTIES hereby
agree to undertake a joint effort to establish and coordinate activities, under the terms and
conditions provided hereunder:
 ARTICLE I
OBJECTIVE

The goals of the activity are to "Improve monitoring and management of tuna catches in
Philippines, and contribute to reduce Illegal, Unreported and Unregulated (IUU) fishing.

The outputs of the WPEA-ITM Project are:

1. National Policy, institutional, governance and coordination arrangements

implemented in the three countries.
2. Increased port catch measurement and sampling.
3. Expanded Observer Program
4. National sampling plans, data analysis, catch estimates and reporting implemented
5. National databases developed, functional and utilized
6. Efficient, responsive, value-for-money project management.

More details on the project and its outputs are included in Attachment A: Grant Funding
Arrangement, Western Pacific East Asia - Improved Tuna Monitoring.

ARTICLE II
ROLES AND RESPONSIBILITIES OF PARTIES

The PARTIES shall perform the following roles and responsibilities:

A. The DA-BFAR and/or NFRDI shall:

a. Identify someone to serve as the primary liaison with the WPEA - ITM Project
Manager

b. Nominate a director-level official to represent on the WPEA-ITM Project Steering

Committee, which will meet at least once yearly in person and which might
occasionally call for a virtual meeting on-line or through email and phone contacts.

c. Assign the primary liaison (from Point a) and other Government staff time and
resources, as necessary, under relevant government operating plans and budgets
necessary to work with the Project Manager to prepare annual work plans and
budgets to present to the Project Steering Committee for review and approval, as
well as to prepare annual narrative and other reports to the Steering Committee
and WCPFC.

d. Ensure the judicious and proper utilization of the funds transferred to its account
according to the Annual Work Plan and Budget and specific proposals submitted
to WCPFC.

e. Maintain and keep records in accordance with prudent business practices and all
applicable laws, ensure the records are easy to access, and keep the records safe
and available for audit purposes.
 f. To the greatest extent possible, adhere to the project plan, budget, targets and
indicators as contained in Attachment A. Grant Funding Arrangement, Western
Pacific East Asia - Improved Tuna Monitoring. Any requested changes to the
agreed upon project activities, budget amounts, targets and indicators shall be
submitted to the Project Steering Committee, which will have the authority to
approve, deny or amend the requests.

g. Notify the WCPFC immediately of any actual or anticipated issues that could
delay, significantly impact or change the implementation, delivery or associated
costs of aspects of the work plan and budget, as well as any suspected or
detected cases of fraud.

h. Any remaining budget after expenditure may be held by BFAR and/or NFRDI for
any additional project activities as may be agreed by the WCPFC. Retain full
ownership of the raw fisheries data obtained by its staff members in the normal
conduct of their work, as well as any documents using the data that they produce
outside of the scope of this agreement

B. The WCPFC shall:

a. Transfer Project Activity funds to BFAR and/or NFRDI in accordance with the
annual work plans and budgets and specific proposals submitted that are based
on the annual work plans and budgets approved by the Project's Steering
Committee.

b. In order to implement the project as described in the project document

(Attachment A, Grant Funding Arrangement), the anticipated amount to be
transferred from WCPFC will be approximately USD 277,500.00 during the life
span of this project.

c. Support the travel of the Philippines representative/s to the annual Project Steering
Committee meetings.

ARTICLE III
SETTLEMENT OF DISPUTES

Any dispute, controversy, or claim which arises out of the interpretation or application of this
MOU will not be subject to adjudication or arbitration, but will instead be dealt through
amicable consultations and negotiations as the only means of achieving peaceful settlement
of such dispute, controversy, or claim.

ARTICLE IV
MODIFICATION AND WAIVER

No waiver or modification of any of the terms of this MOU shall be valid unless the same is
reduced in writing and signed by both parties. No waiver by either Party of a breach hereof
or a default hereunder shall be deemed a waiver by such Party of a subsequent breach or
default.

ARTICLE V
SEVERABILITY

If any part of this MOU is found to be null and void, or is otherwise stricken, the rest of this
MOU shall remain in full force and effect, until renegotiated or rewritten.

ARTICLE VI
CONFIDENTIALITY AND NON-DISCLOSURE

The Parties acknowledge that they and their employees, in acting within this Project, may
have access to or be directly or indirectly exposed to confidential information of the other
Parties and related organizations, including, among other things, communications,
strategies and trade secrets. Each Party shall hold all information that is identified and
marked as "Confidential Information" confidential and shall not disclose such Confidential
Information without the permission of the disclosing Party (or appropriate related
organization). This agreement shall constitute permission for disclosure and use of such
information in confidential communications or consultation among the Parties of Project's
authorized designees. The Parties shall use reasonable efforts to protect such confidential
information. This Article VI shall service the termination or expiration of this MOU.

ARTICLE VII
EFFECTIVITY

This MOU shall take effect on the date of the signing by the last party to sign the MOU (the
"Effective Date") and shall remain in force from the Effective Date until March 22, 2022, the
anticipated end date of the project, unless terminated by a party, at its convenience, by
thirty (30) day written notice (the "Term"). The parties may mutually agree in writing to
extend the Term. This, MOU, along with any attachments, schedules and exhibits hereto,
contains the sole and entire understanding of the parties with respect to the subject matter
hereof, superseding all prior communications whether written or oral.

ARTICLE VIII
EXPENSES

Expenses shall be subject to the agreement of both parties.

IN WITNESS WHEREOF, the above-mentioned parties, through their duly authorized
representatives, hereunto affixed their signatures this ___ day of_________________, 2023
(the "Effective Date")

BFAR, as represented by: NFRDI as represented by:

__________________________ _______________________
Atty. Demosthenes R. Escoto Dr. Lilian C. Garcia, CESO V
Officer-In-Charge Executive Director

WCPFC as represented by.

____________________
Feleti Teo
Executive Director
 ACKNOWLEDGEMENT

Republic of the Philippines)

Quezon City ) S.S.

BEFORE ME, a Notary Public, this ___ day of ___________, 2023, in Quezon City,
personally appeared Dr. Lilian C. Garcia, CESO V with ID No. __________issued on
__________________ at ___________________ and Atty. Demosthenes R. Escoto with
ID No.________________ issued on ________________ at _________________ known to
me to be the same person who executed the foregoing MOU and acknowledged to me that
the same is her/his free and voluntary act and deed as well as that of the entity she/he
represents.

This Memorandum of Understanding consists of _______pages, that are all signed by the
parties and their instrumental witnesses, including the page wherein this acknowledgement
is written.

IN WITNESS THEREOF, I have hereunto set my hand and seal on the date and at the
place
first above written.

Doc. No.: _________

Page: _________
Book: _________
Series of 2023
 ACKNOWLEDGEMENT

____________________)
____________________) S.S.

BEFORE ME, a Notary Public, this ___ day of _____ 2023 in ______________ personally
appeared Feleti Teo with ID No._____________ issued on ____________________ at
____________________ known to me to be the same person who executed the foregoing
MOU and acknowledged to me that the same is his free and voluntary act and deed as well
as that of the entity he represents.

This Memorandum of Understanding consists of _____ pages, that are all signed by the
parties and their instrumental witnesses, including the page wherein this acknowledgement
is written.

IN WITNESS THEREOF, have hereunto set my hand and seal on the date and at the place
first above written.

Doc. No.: _________

Page: _________
Book: _________
Series of 2023