Heads of Agreement

There seem to be a great controversy stemming from the dissolution of the Heads of Agreement between ASP USA and ASP PHIL.

For those who are not even aware about whethter there was an Agreement (as most of us believed that we were an International Organization so why would we even need to have this agreement-whatever it is called), I am posting this document here for all to know:

HEADS OF AGREEMENT
between
ALPHA SIGMA PHI FRATERNITY, Inc
Of the United States of America (“USA”)
And
ALPHA SIGMA PHI FRATERNITY
Of the Republic of the Philippines (“RP”)
WHEREAS, USA is a National college social fraternity located and operating in the United States of America and has chartered chapters located at and operating in locations related to colleges and universities: and

WHEREAS, RP is a National college social fraternity located and operating in the Republic of the Philippines and has chartered chapters located at and operating in locations related to colleges and universities; and

WHEREAS USA AND RP desire to express each to the other their common interests in espousing and propagating the ideals and tenets of Alpha Sigma Phi and bettering their respective fraternities, but without entering into any formal affiliation or juridical relation other than as set forth herein;

NOW THEREFORE, the parties hereto enter into this Heads of Agreement and provide as follows:
1. Neither USA nor RP is or shall become the partner, affiliate, parent, or subsidiary of the other and neither shall be deemed to be the agent, attorney-in-fact or servant of the other:
2. Each of USA and RP will make available to the other of them, except as prohibited by law, charter and organic documents and rituals, materials published by each relating to their respective organization, governance, affairs, plans, programs and standards, provided, however, that neither USA or RP shall be obligated by virtue hereof or otherwise to disclose to the other of them or any other person, natural or juridical, any or all of their respective rituals or other initiation work.
3. Each of USA and RP will endeavor to cooperate with the other in connection with problems which one of them may have and to which the other of them may be able to assist with consultation and exemplars of solutions, but neither will be required to act in the affairs of the other or required to furnish the services of any person to act for the other unless separate, express arrangement are made therefore;
4. Each of USA and RP will send to the other at least one copy of the materials published by each for open or external use, subject to the provisions of paragraph 2 hereof;
5. Each USA and RP will encourage the chapters of each similarly to send to the national office of the other at least one copy of materials published by that chapter for open or external use, subject to the provisions of paragraph 2 hereof;
6. Each of the USA and RP will inform their respective chapters of this Heads of Agreement and will encourage them to extend normal courtesy to visitors from the other of them when such visitors shall be in the vicinity of such chapters;
7. USA and RP shall attempt to establish a “sister chapter” system, whereby each chapter of USA would “adopt” one chapter of RP and engages in more direct communication than contemplated by paragraphs 5 and 6 hereof;
8. This Heads of Agreement and the matters contemplated within the scope hereof shall be administered by a body of six (6) members to be known as the International Council of Alpha Sigma Phi, which shall be a voluntary association not having the characteristics of a juridical person or entity or quasi-entity. The members thereof shall be chosen, in accordance with the internal decision-making process of USA and RP, so that three members shall be chosen by USA and the other three shall be chosen by RP. Vacancies shall be filled in like manner by the party thereto which had appointed the member in respect of which a vacancy occurs. The International Council shall powers to implement this Heads of Agreement and coordinate activities thereunder. The International Council shall attempt to meet at least once a year in person, respectively, on alternating basis, in the United States of America and the Republic of the Philippines, but shall not be required to do so. The International Council shall, in any event, consult, confer and take action through means of communication suited to the matters to be considered and undertaken. The International Council shall report on a regular basis to the National Office of each of USA and RP all its acts, decisions and recommendations. The procedures governing the acts and operations of the International Council shall be such as promulgated but it upon 2/3 votes of the members appointed by USA and 2/3 vote of the members chosen by RP;
9. Neither USA nor RP shall be required to expend any funds or assets in implementing this Heads of Agreement except to take actions contemplated hereunder, and neither shall be liable for the acts of the other or of the International Council.
IN WITNESS WHEREOF each of the parties hereto has caused this Heads of Agreement executed at the place indicated by their respective officers thereunto duly authorized.

Executed on February 3, 1984 Executed on March 13, 1984
United States of America Republic of the Philippines

Alpha Sigma Phi Fraternity Inc Alpha Sigma Phi Fraternity of the
Philippines

By: SGD By: SGD
Grand Senior President National President

By: SGD By: SGD
Executive Director Executive Director