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PRESIDENTIAL DECREE NO. 930
PRESIDENTIAL DECREE NO. 930 -
SIMPLIFYING EXPORT PROCEDURES AND DOCUMENTATION BY REALIGNING FUNCTIONS
OF CERTAIN GOVERNMENT OFFICES/AGENCIES INVOLVED IN PROCESSING EXPORT
DOCUMENTS, BY AUTHORIZING THE ISSUANCE OF PERIODIC CLEARANCES, BY THE
ADOPTION OF STANDARDIZED EXPORT DOCUMENTS, AND FOR OTHER PURPOSES
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WHEREAS,
the development and promotion of Philippine export is essential in the
maintenance of a sustained economic growth, in providing for the basic
means of generating much needed foreign exchange, in keeping a
favorable balance of payments, and in maintaining a stable position in
international reserves; chanroblesvirtualawlibrary
WHEREAS, there is a need to promote exports and facilitate the process
of exportation through the adoption of simplified export procedures and
standardized export documents;chanroblesvirtualawlibrary
WHEREAS, in order to simplify export procedures, it is also necessary
to expedite the processing of export documents by reassigning and/or
realigning overlapping functions of certain specialized agencies of the
government, by specifying the areas of authorities to be exercised, and
by reducing the number of steps and the time involved in processing
export documents;chanroblesvirtualawlibrary
WHEREAS, in order to achieve a truly meaningful reformation of existing
export procedures, it is necessary that all concerned agencies and
offices of the government contribute to this effort by a constant
review of their procedures and documentation activities for possible
further simplification.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree, as part of the law of the land, the adoption of
simplified procedures to govern export from the Philippines as follows:cralaw:red
Section 1. Basic Principle. — The development and
promotion of exports shall be at all times be supported by any or all
of the offices, agencies, and instrumentalities of the government, its
political subdivisions and by government-owned or controlled
corporations, as well as by the private sector, for the sustained
economic, political and social growth of the Filipino nation.
Section 2. Coverage. — Except as otherwise provided
for in special cases such as: the exports of enterprises registered
with the Board of Investment under RA 6135; those registered with the
Export Processing Zone Authority under RA 3137 creating the Embroidery
and Apparel Control and Inspection Board, prevailing procedures of
which shall continue to be followed, all export transaction shall be
considered and processed in accordance with this decree, as well as
with the rules and regulations issued pursuant hereto which rules and
regulations shall be formulated, and promulgated by the National
Economic and Development Authority after consultation with government
agencies involved; Provided, that, all concerned agencies may, at any
time, introduce revisions and amendments to said rules and regulations
designed to improve the same and such revisions or amendments shall
immediately take effect after confirmation by the National Economic and
Development Authority. chanroblesvirtualawlibrary
Section 3. Inspection and Issuance of Commodity
Clearance. — In order to safeguard the quality of Philippine exportable
products, such products are to be inspected and issued commodity
clearances by government commodity agencies prescribed in this decree,
Provided, that, in no case shall more than one agency perform
inspection and certification functions for the same product, unless the
importing country requires that documents be accomplished by more than
one agency of the government.
Section 4. Re-alignment of Functions. — The
functions of government offices/agencies concerned with the inspection
of export products, as well as with the issuance of commodity
clearances, shall continue to be exercised by such offices/agencies as
provided for in their respective charters, except as otherwise
re-assigned hereunder:cralaw:red
a) Philippine Bureau of Products Standards. — This
bureau, in coordination with specialized government commodity
offices/agencies shall be the sole agency of the government responsible
for the determination and/or establishment of standards for export
commodities. Where a specialized government commodity office/agencies
is empowered to formulate commodity standards in accordance with its
charter and in view of the technical expertise available therein on
products falling under its jurisdiction, it shall continue to do so and
submit such standards for accreditation to the Philippine Bureau of
Products Standards. The inspection of the products and the issuance of
commodity clearance therefor shall nevertheless be the responsibility
of the specialized government commodity offices/agency. For other
exports, the responsibility of inspection and issuance of clearances
for which do not fall under the jurisdiction of any specialized
office/agency, the Philippine Bureau of Products Standards is hereby
authorized to inspect such products and issue appropriate commodity
clearances.
The same Bureau shall continue to be the sole agency to issue licenses
for the use of Philippine Standard Certification marks to exporters of
products whether falling with the jurisdiction of a specialized
government commodity office/agency or not. Products with certification
marks shall not be subjected to inspection, Provided, that, the valid
license to use such marks is presented in lieu of commodity
clearance. chanroblesvirtualawlibrary
b) Specific Product List for Inspection. —
Specialized government commodity offices/agencies such as the Bureau of
Fisheries and Aquatic Resources, the Bureau of Plant Industry, Food and
Drug Administration, National Cottage Industries and Development
Authority, and Bureau of Animal Industry, shall continue to exercise
inspection and commodity certification functions in accordance with
their respective charters for products specified in the Rules and
Regulation issued pursuant to this decree.
c) Status quo for Certain agencies. — The inspection
and/or certification functions for export products falling under the
jurisdiction of the Philippine Coconut Authority, the Bureau of Fiber
Development and Inspection Service, the Philippine Virginia Tobacco
Administration, the Philippine Tobacco Administration, and the Bureau
of Forest Development shall remain with the same agencies: Provided,
however, that new or additional requirements shall, prior to their
taking effect, be referred to National Economic and Development
Authority for confirmation.
Section 5. Periodic Commodity Clearances. —
Specialized government community offices/agencies shall grant regular
exporters, as defined in the Rules and Regulations issued pursuant
hereto, periodic commodity clearances, the validity period of which is
to be determined by said offices/agencies but shall not exceed one
year. Guidelines for the issuance of periodic commodity clearances
shall be prepared and promulgated by the offices/agencies concerned.
Such clearances shall pertain to commodities which constitute the
object of the regular trading operations of the exporter. The exporters
shall see to it that the consistency and quality of his exports are
maintained in accordance with established standards.
Section 6. Tax Clearance for Regular Exporters. —
Regular exporters, as defined in the Rules and Regulations issued
pursuant hereto, shall be granted tax clearances on a quarterly basis
for the purpose of facilitating the processing of their export
documents. Such clearances, however, shall not constitute a waiver by
the government of any tax, penalty or interest that may be due from the
exporter.
At the end of every fourth quarter, a final liquidation of the taxes
due the government shall be made by the exporter and no further
clearances shall be issued until such liquidation is made.
The Quarterly tax clearance herein authorized shall be used in lieu of
the tax clearances now required for every shipment.
The Secretary of Finance, upon the recommendation of the Bureau of
Internal Revenue, shall issue the requisite rules and regulations for
the availment of the quarterly tax clearance authorized in this
section. chanroblesvirtualawlibrary
Section 7. Inspection Fees. — No new or additional
inspection fees and/or related charges shall be imposed by specialized
government commodity offices/agencies in the implementation of the
provisions of this Decree. The National Economic and Development
Authority shall have the sole authority to approve rates of fees
recommended by such offices/agencies. In cooperation with other
agencies concerned, it shall conduct periodic reviews of all inspection
fees imposed on exporters with a view to formulating standard criteria
for their imposition, and it shall institute appropriate measures for
the standardization of fees and/or related charges.
Section 8. Resolution of Issues and Administration. —
The Department of Trade shall have the authority to resolve issues or
conflicts that may arise among agencies or instrumentalities of the
government resulting from the reassignment of inspection and/or
certification authorities provided for in this decree.
Any agency or instrumentality not satisfied with the resolution of the
Department of Trade may elevate the issue/conflict to the National
Economic and Development Authority within fifteen (15) days from the
date the agency or instrumentality receives notice thereof, Provided,
that, failure to elevate the issue/conflict within the period provided
herein shall render the resolution of the Department of Trade final and
executory, Provided, further, that the Department of trade may, motu
propio, immediately, refer any issues or conflicts to the National
Economic Development Authority for final resolution.
The Department of Trade shall also be responsible for coordinating the
administration and implementation of the provisions of this decree and
of the instructions and/or rules and regulations that may be issued in
pursuance thereof along the concept of simplifying export procedures
and documentation. It may recommend to the National Economic and
Development Authority any change or modification it may deem necessary
to effectuate the intents and provisions of this Decree as well as the
Rules and Regulations issued pursuant hereto. chanroblesvirtualawlibrary
Section 9. Review Power. — The National Economic and
Development Authority shall have the power to review, revise or amend
decisions, rulings, or actions made or taken by any agency or
instrumentality involved in the implementation of the simplified export
procedures and documentation provided herein, as well as the rules and
regulations issued pursuant hereto. Further, it shall have the
authority to suspend, for a period not exceeding six months any aspect
or portion of the procedures that may be prescribed to implement this
decree, and/or issue within the same limited period, rules and
regulations on the matter.
Section 10. Export Procedure Simplification and
Documentation. — In addition to the adoption of a simplified export
procedure and the standardization of export documents provided for in
the Rules and Regulations issued pursuant hereto, all government
agencies concerned should exert efforts in simplifying exports
procedures and the documentation on a continuing basis.
Section 11. Repealing Clause. — All laws, decrees,
proclamations, orders, rules or regulations inconsistent with any of
the provisions of this decree are hereby repealed, amended or modified
accordingly.
Section 12. Effectivity. — This decree shall take
effect immediately.
Done in the City of Manila,
this 13th day of May in the year of Our Lord, nineteen hundred and
seventy-six.
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