Author Topic: Locsin reveals China, PHL oil, gas M.O.U. text  (Read 1013 times)

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Locsin reveals China, PHL oil, gas M.O.U. text
« on: November 23, 2018, 11:58:15 PM »
Locsin reveals China, PHL oil, gas M.O.U. text
By Recto Mercene - November 23, 2018

https://businessmirror.com.ph/locsin-reveals-china-phl-oil-gas-m-o-u-text/
   
THE Philippines and China failed to arrive at a firm agreement to start joint exploration anytime soon in parts of the South China Sea (SCS), but are keeping their options open to “possible energy cooperation” under a memorandum of understanding (MOU) signed on Tuesday during the visit of President Xi Jinping to Manila, Foreign Affairs Secretary Teodoro L. Locsin Jr. said.

Locsin read aloud in a television interview on Thursday some parts of the Philippines-China MOU on Oil and Gas Development, which topped 29 documents signed during Xi’s historic visit. The government had been asked by some quarters to reveal the full text of the oil-gas MOU immediately, amid growing anxiety over China’s real design, considering its rejection of a 2016 ruling by a United Nations tribunal invalidating its “nine-dash line” claim where it bases its claim over nearly 90 percent of the SCS.

According to Locsin, the deal signed during the state visit of Chinese leader Xi “merely seeks to study and discuss the prospects of a possible energy cooperation between the two countries.”

< Edited >

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Re: Locsin reveals China, PHL oil, gas M.O.U. text
« Reply #1 on: November 26, 2018, 02:32:14 AM »
MOU on oil development recognizes Philippine sovereign rights, Carpio says
Ellen Tordesillas (Vera Files) - November 25, 2018 - 10:19am

MANILA, Philippines — Acting Chief Justice Antonio Carpio said Friday China could be recognizing the sovereign rights of the Philippines in the disputed waters of the South China Sea covered in the recently-signed Philippines-China Memorandum of Agreement on Cooperation on Oil and Gas Development through service contracting arrangements as provided in the MOU.
 
Answering a question on the vagueness of the MOU signed by Foreign Secretary Teodoro Locsin Jr. and Chinese Foreign Minister Wang Yi during the state visit of Chinese President Xi Jinping last week, he took note of this portion of the MOU:

"China authorizes China National Oil Corporation (CNOOC) to be the Chinese enterprise for each Working Group. The Philippines will authorize the enterprise (s) that has/ have entered into a service contract with the Philippines with respect to the applicable working area or, if there is no such enterprise for a particular working area, the Philippine National Oil Company –Exploration Corporation (PNOC-EC) as the Philippine enterprise(s) for the relevant working group."

China as service contractor

"So there's a recognition of service contracting by the Philippines. The way I interpret the MOU is that this is a cooperation by the Philippines with China on oil and gas activities through service contractors," Carpio said during a forum on "Maritime Disputes in the South China Sea-Navigating the Diplomatic Waters,"  organized by the Konrad Adenauer Stiftung and the Rizalino S. Navarro Policy Center for Competitiveness at the Diamond Residences in Makati.


"So China comes in by being a contractor of our service contractor or taking equity position in our service contractor or both. So China will come in through service contractors. That's my interpretation," he also said.

< Edited >


Read more at https://www.philstar.com/headlines/2018/11/25/1871600/mou-oil-development-recognizes-philippine-sovereign-rights-carpio-says?fbclid=IwAR335cRtzUme3UTj9T6IPaHqK7QPEEvclP3quYIyylAgCjQTZCVl3vMkIhk#q8P1CIdacAGrqW3L.99

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Re: Locsin reveals China, PHL oil, gas M.O.U. text
« Reply #2 on: November 26, 2018, 12:24:30 PM »
EXCLUSIVE: PH, CHINA AGREE MOU FOR TALKS ON JOINT OIL EXPLORATION WILL BE WITHOUT PREJUDICE TO MARITIME CLAIMS
Date Published (mm/dd/yyyy): 11/23/2018

https://www.doe.gov.ph/energist/exclusive-ph-china-agree-mou-talks-joint-oil-exploration-will-be-without-prejudice-maritime?fbclid=IwAR2jis4LLfO01FC9vcFOHxKWdkRNZBaBtqdKeD36sr556bVqbV7fOylVeJU

Metro Manila (CNN Philippines, November 23) — The memorandum of understanding signed by the Philippines and China creating the framework for future talks on joint oil and gas exploration stipulates adherence to international law and that it will be without prejudice to both governments' legal positions, according to a copy of the document obtained by CNN Philippines.

The two countries have overlapping claims in the South China Sea, which China virtually claims in its entirety. An international arbitral tribunal in 2016 largely favored Manila in its maritime dispute with Beijing in the West Philippines Sea — a portion of the sea encompassing the Philippines' Exclusive Economic Zone — but China has ignored the ruling.

The MOU said "in accordance with the principles of mutual respect, fairness and mutual benefit, flexibility and pragmatism and concensus, through equal and friendly consultation, the two governments have decided to negotiate on an accelerated basis arrangements to facilitate oil and gas exploration and exploitation in relevant maritime areas consistent with applicable rules of international law."

All negotiations under the MOU "will be without prejudice to the respective legal positions of both governments." It also does not "create rights or obligations under international or domestic law," the document added.

It does not specify the maritime areas to be covered, but the Philippines has earlier offered for oil exploration an area in the Reed Bank, which China is contesting.

The document, signed on November 20, says in it is done in the context of the United Nations Convention on the Law of the Sea and the 2002 Declaration on the Conduct of Parties in the South China Sea and positive dialogue between the two countries.

Foreign Affairs Secretary Teodoro "Teddy Boy" Locsin first revealed to CNN Philippines Thursday details of the MOU, saying it would serve as the "architecture" for future talks on oil exploration with the Asian giant.

The MOU said an inter-governmental steering committee as well as a one or more inter-entrepreneurial working groups will be established by both countries. Government officials, relevant agencies, and other individuals from both the Philippines and China will be part of these groups

Locsin said the mechanism could be put in place within 12 months.

"This is valid and it will endure. This is the master framework," Locsin said. "No other country is interested in the development."

He said the committee would be co-chaired by himself and Chinese Foreign Minister Wang Yi and vice-chaired by Energy Secretary Alfonso Cusi and his Chinese counterpart.

The working groups would consist of representatives from enterprises authorized by the two governments. Beijing appointed the state-owned China National Offshore Oil Corporation (CNOOC) as its representative in all working group. The Philippines will authorize an enterprise or enterprises which has or have entered into service contract with the government. If there are no such enterprises, authority will be given to the Philippine National Oil Corporation - Exploration Corporation (PNOC - EC), the documents said.

A copy of the MOU was given to Senate President Vicente "Tito" Sotto III.

It also specified that any information shared between both the Philippines and China will be kept confidential "unless the two governments decide otherwise."

CNN Philippines' copy of the MOU also states a copy was made in Chinese, adding it was equally authentic as the English text.

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Re: Locsin reveals China, PHL oil, gas M.O.U. text
« Reply #3 on: November 28, 2018, 03:44:37 PM »
Ex-SolGen says PH-China deal nullifies int’l arbitral ruling
By: Marlon Ramos - Reporter / @MRamosINQ Philippine Daily Inquirer / 07:25 AM November 28, 2018

The agreement that the Philippines and China signed last week is tantamount to a “waiver” nullifying the international arbitral court’s ruling that affirmed the country’s sovereignty in the West Philippine Sea, former Solicitor General Florin Hilbay said on Tuesday.

According to Hilbay, the memorandum of understanding (MOU) entered into by both countries only revived China’s claim that it owned everything within its so-called nine-dash line in the heavily disputed South China Sea, including waters within the Philippines’ 370-kilometer exclusive economic zone known as West Philippine Sea.

< Edited >

Gov’t-to-gov’t deal

Contrary to acting Chief Justice Antonio Carpio’s position, Hilbay said any joint gas and oil exploration based on the agreement will be considered a government-to-government arrangement even if it would be done through “service contractors.”

Hilbay led the Philippine legal team that argued the Philippines’ challenge to China’s claim to nearly all of the South China Sea in the Permanent Court of Arbitration in The Hague.

< Edited >

Surprised at Carpio’s stand

“This is a formal legal document that binds us with another country. Any legal document that … says [the agreement] has ‘no prejudice to the respective legal positions of both governments’ is a dangerous sign of waiver,” he added.

Hilbay said he was surprised at Carpio’s stand on the agreement.

< Edited >


Read more: https://globalnation.inquirer.net/171751/ex-solgen-says-ph-china-deal-nullifies-intl-arbitral-ruling#ixzz5Y8JzqbKF
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Re: Locsin reveals China, PHL oil, gas M.O.U. text
« Reply #5 on: December 06, 2018, 04:35:01 AM »
EXCLUSIVE: MOU for talks on joint oil exploration 'without prejudice' to PH, China legal positions
By CNN Philippines Staff

Updated 16:44 PM PHT Fri, November 23, 2018

http://cnnphilippines.com/news/2018/11/23/EXCLUSIVE-PH-China-MOU-joint-oil-exploration-maritime-claims.html

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Re: Locsin reveals China, PHL oil, gas M.O.U. text
« Reply #6 on: August 09, 2019, 09:17:29 AM »
Joint oil exploration deal with China: Duterte OK with 60-40 split in PH’s favor
By: Darryl John Esguerra - Reporter / @DJEsguerraINQ INQUIRER.net / 09:40 PM August 08, 2019

MANILA, Philippines—President Rodrigo Duterte on Thursday said he would push for the “exploitation of natural resources” in the West Philippine Sea through the joint oil exploration deal with China when he meets Chinese President Xi Jinping later this month.

Duterte said he doesn’t see anything wrong with China’s proposal to split oil resources in the West Philippine Sea in Manila’s favor.

“They have proposed a 60-40 (deal), okay na ‘yun para sa akin,” Duterte said. “But that could be a later topic if we have time.”

The Philippines and China signed a memorandum of understanding (MOU) for oil and gas exploration during Xi’s state visit to the country last year.

< Edited >

Read more: https://globalnation.inquirer.net/178781/joint-oil-exploration-deal-with-china-duterte-ok-with-60-40-split-in-phs-favor#ixzz5w3wQOh88
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Re: Locsin reveals China, PHL oil, gas M.O.U. text
« Reply #7 on: September 01, 2019, 04:42:44 PM »
Sotto: Joint oil exploration with China affirms PH sovereignty
By: Leila B. Salaverria - Reporter / @LeilasINQ Philippine Daily Inquirer / 06:05 AM September 01, 2019

MANILA, Philippines — Senate President Vicente Sotto III said the proposed joint exploration of the West Philippine Sea (WPS) being forged between Manila and Beijing would be advantageous to the Philippines, as this would boost its claim over the area and also earn a bigger share for the country.

“It’s a veiled acceptance that we own the [West Philippine Sea],” the Senate leader said in a text message when sought for comment about the proposed joint exploration within the Philippines’ exclusive economic zone.

< Edited >


MANILA, Philippines — Senate President Vicente Sotto III said the proposed joint exploration of the West Philippine Sea (WPS) being forged between Manila and Beijing would be advantageous to the Philippines, as this would boost its claim over the area and also earn a bigger share for the country.

“It’s a veiled acceptance that we own the [West Philippine Sea],” the Senate leader said in a text message when sought for comment about the proposed joint exploration within the Philippines’ exclusive economic zone.

“It conforms with our constitutional mandate of ownership,” he added.


60-40 split

Sotto said the agreement would have a 60-40 split, with the bigger share from this joint enterprise going to the Philippines.

President Rodrigo Duterte is in China and progress is expected on the negotiations for the joint oil and gas exploration agreement between the two countries.

< Edited >

Read more: https://globalnation.inquirer.net/179576/sotto-joint-oil-exploration-with-china-affirms-ph-sovereignty#ixzz5yGEX0aR7
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