Powers, functions and duties of the Mission.
Section 7
SEC. 7. Powers, functions and duties of the Mission.—The Mission shall be, pursuant to paragraph one, Article seven, of the Reparations Agreement, the sole and exclusive agent of the Philippine Government in Japan charge with the implementation of the said Agreement, including the conclusion and performance of reparations contracts, and as such shall serve as the procurement branch of the Commission and shall undertake the procurement of all goods and services requisitioned from reparations by the Commission, including calling for bids, verification of bids against approved plans and specifications inspections, award of contracts and supervision of shipment to the Philippines, subject to the direct supervision and control of the Commission: Provided, That the Mission shall cooperate with and, in appropriate cases, consult the Embassy where its work requires high level diplomatic intervention beyond its powers. To this and the Mission shall keep the Embassy fully informed of its activities, maintain constant liaison therewith and furnish it with copies of its reports to the Commission. In addition, the Mission shall have the following specific powers, functions and duties: To negotiate and conclude with the Japanese Government the agreed annual schedule on the basis and within the limits of the tentative annual schedule of goods and services prepared by the Commission. To conclude, on behalf of the Philippine Government, contracts directly with any Japanese nationals or any Japanese entity controlled by Japanese nationals in order to procure the desired goods and/or services. The Mission shall procure goods and services on the basis of the agreed schedule and the procurement order received from the Commission. To exercise the necessary supervision and control in the selection, inspection and shipment of the goods. To conduct public bidding or to procure directly from specific manufacturers, producers, or suppliers concerned as provided herein. With respect to the procurement orders of Philippine Government offices, agencies and instrumentalities, including government-owned or controlled corporations, the Mission shall award the contract after a public bidding with sealed bids: Provided, That where the bids are unsatisfactory, as when the goods are unduly overpriced, or of inferior quality, or when suppliers combine to defeat the purpose of public, bidding or for any other like reason, the Mission may conduct another public bidding or procure the goods by negotiated sale. With respect to the procurement orders of private parties, the Mission shall, as a general rule procure the same from the manufacturer, producer, or supplier expressly chosen by the private parties concerned if any: Provided, That the Mission may reject the procurement of the goods from the specific manufacturer, Producer or supplier, and secure the desired goods from another source or conduct public bidding if this action s necessary for the purpose of protecting the interest of the party concerned, as when the goods are unduly overpriced, or reputed to be of inferior quality or for any other similar reason. The Mission shall endeavor to procure the goods directly from the manufacturers or producers or through their duly authorized representatives. To fix, in consultation with authorized representatives of the Japanese Government, the details of the cash payment (in pesos) of twenty million dollars under the Agreement. To enter into payments agreements with authorized Japanese foreign exchange banks. To conduct such negotiations with the Japanese Government, as may be necessary to effect the expeditious and satisfactory survey and salvage of sunken vessels in Philippine waters. To conduct negotiations with authorized representatives of the Japanese Government for the purpose of fixing such other details as may be necessary for the purpose of implementing the Agreement. The Chief and officials of the Mission shall be the members of the Philippine panel to the Joint Committee created under Article ten of the Agreement. The Chief of Mission may designate from the other members of the staff of Mission such additional members of the Philippine panel to this Committee as he may deem necessary to meet the exigencies of the service. Only the Chief of the Legal may sue and be sued in Japanese courts. To submit an annual report of its operations Section and such other reports as may be required from time to time to the Commission. To procure under, the Agreement the necessary immovable property, equipment, supplies and other goods and services, which it shall need exclusively for its official use. To perform such other function as may be imposed upon it by law or executive order.