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Visiting Forces Agreement Digest

Under Article V of the agreement, the custody of U.S. personnel whose case falls under Philippine jurisdiction must “immediately reside with the U.S. military authorities if they wish” from the time the crime was committed, until all legal proceedings are completed. However, U.S. military authorities make the accused available to the Philippine authorities “in a timely manner for investigations or judicial proceedings related to the offence.” In 1991, the Philippines and the United States negotiated a possible extension of the basic military agreement, with a view to the imminent expiration of the rp-US basic military agreement in 1991. On 16 September 1991, the Philippine Senate rejected the proposed PR-US Treaty on Friendship, Cooperation and Security, which would have extended the presence of US military bases in the Philippines2. Despite this, defence and security relations between the Philippines and the United States of America continued in accordance with the Mutual Defence Treaty. The VFA also provides for a reciprocal or contrary agreement, signed on 9 October 1998. This agreement applies to Filipino personnel temporarily sent to the United States. 3. Vehicles, ships and aircraft operated by or for the United States Armed Forces are not subject to payment of landing or port, navigation, navigation or toll or other user fees, including lighting and port charges, during the trip to the Philippines. Aircraft operated by or for the U.S.

armed forces must comply with local air navigation rules in the Philippines. Ships owned by the United States or operated exclusively by the United States in the non-commercial service of the United States government are not subject to the mandatory piloting provision at Philippine ports. (3) Presidential or executive agreements, i.e. presidential agreements based on the president`s exclusive powers, such as the power as commander-in-chief of the armed forces under which he conducts military operations with the United States.

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