. 1. For the sole purpose of determining whether an act or omission is a punishable offense under the law of the United States, or under the military law of the Republic of the Philippines, or both, the interpretation of by the Republic of the Philippines authorities shall be accepted by the Government of the United States, and the interpretation of the law of the United States by the authorities of the Government of the United States shall be accepted by the Government of the Republic of the Philippines.

1. When so requested in a particular case by the Government of the Republic of the Philippines, the United States Department of State or Department of Defense will ask the appropriate authorities in the United States having jurisdiction over an offense committed by Republic of the Philippines personnel to waive in favor of the Republic of the Philippines their right to exercise jurisdiction, except in cases where the Department of State and the Department of Defense, after special consideration, determine that United States interests require the exercise of United States federal or state jurisdiction.

2. When authorities of the Government of the United States become aware of the apprehension, arrest or detention of any Republic of the Philippines personnel, they shall promptly notify Republic of the Philippines authorities. Responsible authorities in the states concerned will be requested to make such information available promptly to the Government of the United States.

3. When Republic of the Philippines personnel are detained, taken into custody, or prosecuted by authorities in the United States, they shall be accorded all procedural guarantees established by applicable United States federal or state law, including the right:

   1. to have prompt access to, and to be represented by, legal counsel of their choice, qualified in accordance with United States federal or state law;

   2. to have free or assisted legal representation on the same basis as citizens of the United States;

   3. to communicate promptly with and to be visited regularly by Republic of the Philippines authorities, to have such authorities present at all judicial proceedings, and to receive assistance deemed by such authorities to be desirable;

   4. to have the services of a competent interpreter;

   5. to seek a writ of habeas corpus;

   6. to have the right to bail, subject to pertinent federal and state law, and a prompt and speedy trial;

   7. to be informed, in advance of trial, of the specific charge or charges made against them;

   8. to be confronted by the witnesses against them and to cross-examine such witnesses, subject to exceptions existing in applicable rules of evidence;

   9. to present evidence on their behalf, including the right to have compulsory process for obtaining witnesses in their favor if such witnesses are within the jurisdiction of the United States or the state concerned;

   10. not to be prosecuted for a criminal offense as a result of any act or omission which did not constitute a criminal offense under United States federal or state law at the time it was committed;

   11. to be present at their trial;

   12. to have trials open to the public unless the court, in accordance with applicable United States federal or state law, excludes persons who have no role in the proceedings;

   13. not to be compelled to testify against themselves;

   14. at the discretion of the judge or other competent authority, to have credited to any sentence of confinement any period of pretrial detention by either Party; and

   15. to be visited regularly by members of their immediate family in accordance with applicable United States or state penal procedures.

4. Republic of the Philippines personnel shall not be subject to prosecution by United States military courts or tribunals. If such personnel are detained on a United States military installation, they shall be immediately turned over to appropriate United States civilian or Republic of the Philippines authorities.

5. Upon request of Philippine authorities that such assistance is necessary for the maintenance and discipline of its forces in the United States, and upon a finding and declaration to this effect by the President of the United States, the Government of the United States shall give effect to the provision of United States law regarding Service courts of friendly foreign forces.