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PRESIDENTIAL DECREE NO. 941
PRESIDENTIAL DECREE NO. 941 -
CREATING THE PHILIPPINE EXPORT COUNCIL, DEFINING ITS POWERS AND DUTIES,
AND APPROPRIATING FUNDS THEREFOR
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WHEREAS,
national economic growth demands a sustained contribution in foreign
exchange generation by the export sector;chanroblesvirtualawlibrary
WHEREAS, there is a need to develop and implement a national export
strategy designed to achieve a significant increase in export earnings;chanroblesvirtualawlibrary
WHEREAS, there is a need to establish a mechanism for the direct and
continuing involvement of the private sector in the formulation and
implementation of the government export strategy;chanroblesvirtualawlibrary
WHEREAS, there is a need to establish an institution to serve as the
focal point for government and private sector cooperation in the
promotion of Philippine products;chanroblesvirtualawlibrary
WHEREAS, the effective implementation of an export promotion strategy
requires that such an institution be capable of flexible and dynamic
action and be vested with appropriate authority to operate under a high
degree of autonomy;chanroblesvirtualawlibrary
WHEREAS, such an institution will provide the mechanism to compete with
other countries, which have adopted similar institutions designed to
optimize their export strategy through encouraging and stimulating
joint government and private sector action for export expansion. chanroblesvirtualawlibrary
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 the following, to form part of the laws of the land:cralaw:red
Section 1. Declaration of Policy. — It is hereby
declared to be the policy of the government to encourage, promote,
expand and diversify exports to existing and prospective markets in
order to generate employment and income, improve the balance of
payments, and hasten the economic development of the nation.
It is further declared to be the policy of government to encourage and
support private sector producers and traders in the promotion of
Philippine commodities and products in international markets and; based
on national economic policies and consistent with fiscal policy, to
maximize direct private sector participation in the implementation of
government export assistance.
Section 2. Creation of the Philippine Export
Council. — There is hereby created the Philippine Export Council,
hereinafter called the Export Council, which shall be responsible for
the formulation and the monitoring of the national export strategy; for
recommending to the President policy measures pertaining to export
expansion and devising plans and programs of action; and for the
coordination of government and private sector efforts to develop,
promote, and enhance earnings from commodities and products of
export. chanroblesvirtualawlibrary
The Export Council shall be directly under the Office of the President.
Section 3. Responsibilities of the Council. — The
Export Council shall prepare a national export strategy which shall
include an identification of performance targets consistent with
existing economic policies and as embodied in the approved national
development plan. The Export Council shall monitor and report to the
President periodically including an annual report on the implementation
of the national export strategy. It shall undertake or cause to be
undertaken by appropriate agencies or organizations such research,
developmental and promotional activities as are necessary in support of
the policy defined in this decree but shall not engage directly in
trade or selling.
Section 4. Powers and Functions of the Export
Council. — The powers, functions, and duties of the Export Council
established under the provisions of this decree shall include the
following:cralaw:red
a) To develop a national export strategy to be
approved by the President of the Philippines that is based on national
economic policies and which reflects both immediate and medium-term
objectives defined by specified performance targets;chanroblesvirtualawlibrary
b) As a component of the national export strategy,
to develop annual, medium-term, and long-term programs of developmental
and promotional activities designed to achieve the objectives of the
national export strategy, taking into account the production capacity
of Philippine industries and the opportunities present in export
markets;chanroblesvirtualawlibrary
c) To recommend to the President, the assignment to
other government, semi-government and private institutions functions
and responsibilities defined in the approved national export strategy;
to determine and recommend for approval budget allocations required to
fund such assigned functions and responsibilities in order to assure
the successful implementation of approved programs of action;chanroblesvirtualawlibrary
d) To study and recommend specific government
assistance measures that will encourage increased production and will
enable exportable commodities to become more competitive in
international markets;chanroblesvirtualawlibrary
e) To identify obstacles to the export of specific
products and commodities in world markets, and to recommend appropriate
measures for the removal of these obstacles;chanroblesvirtualawlibrary
f) To assist producers, exporters, and government
agencies including export and industry authorities, government and
private trading organizations, and Philippine missions abroad in the
promotion of Philippine products and commodities;chanroblesvirtualawlibrary
g) To assess policies and programs of government
agencies and private sector organizations engaged or involved in
activities allied to or affecting Philippine international trade, such
as forwarding, brokerage, shipping, insurance, warehousing, financing;
and to recommend or adopt measures to improve their contribution to
increasing competitiveness of Philippine exports in world markets;chanroblesvirtualawlibrary
h) To encourage the organization of cooperative
trading organizations and other forms of joint export marketing by
producers/exporters to attain increased leverage in international
marketing;chanroblesvirtualawlibrary
i) To undertake or cause to be undertaken any other
activities essential to the achievement of the objectives and intent of
this decree; and
j) To exercise such other powers and undertake such
other functions as may be assigned to the Export Council by the
President of the Philippines.
Section 5. Governing Council. — The powers and
functions of the Export Council shall be exercised by a Governing
Council which shall be composed of the following:cralaw:red
The Secretary, Department of Trade;chanroblesvirtualawlibrary
The Secretary, Department of Industry;chanroblesvirtualawlibrary
The Director-General, National Economic and Development Authority;chanroblesvirtualawlibrary
The Secretary, Department of Agriculture;chanroblesvirtualawlibrary
The Secretary, Department of Natural Resources;chanroblesvirtualawlibrary
The Secretary, Department of Foreign Affairs;chanroblesvirtualawlibrary
The Secretary, Department of Finance;chanroblesvirtualawlibrary
The Governor, Central Bank of the Philippines;chanroblesvirtualawlibrary
The President, Philippine International Trading Corporation:
and
The President, Philippine Export Council.
The members shall sit in the Governing Council on an ex-officio basis.
In case of any disability of any of such officials to attend meetings
of the Governing Council, the designated representative or the official
next in rank shall sit in place of such official unable to attend.
The Chairman of the Governing Council will concurrently be the
full-time President of the Export Council. He will be preferably drawn
from the private sector and shall be appointed by the President of the
Philippines for a term of three (3) years.
In the absence or incapacity of the Chairman, the Secretary of Trade
shall preside over the meetings of the Governing Council.
Section 6. Export Advisory Board. — There shall be
created a permanent Export Advisory Board composed of qualified
individuals from the private sector who shall provide the advice,
guidance, and insight essential to pursuing the activities of the
Export Council, and who shall collectively represent private sector
views.
The Advisory Board shall be chaired by the President of the Export
Council. Its members shall include each of the chairman of the
Permanent Committees as described in section 7 and may include
additional members who shall be appointed by the Governing Council from
among qualified members of the private sector.
Section 7. Permanent Committees. — There shall be
established permanent committees, to be composed principally of private
sector membership, and that are oriented toward the development and
promotion of specific products, product groups and commodities as well
as the functional aspects of export trade expansion. Meetings of these
committees shall be attended by officials at the level of Bureau
directors or appropriate technical levels from line departments
directly concerned with the product groups or commodities towards which
the committee is oriented. Among other responsibilities to be defined
by the Governing Council, these committees will suggest to the Export
Council Staff activities relating to the determination of performance
targets, the formulation of policy recommendations, and the design of
essential developmental and promotional measures affecting their
respective export industries and related services. The findings and
recommendations of the permanent committees shall be submitted to the
Governing Council for approval and shall be incorporated in the
national export strategy.
The members of each of the permanent committees shall be appointed by
the Governing Council from among the qualified nominees of concerned
private sector national business organizations, industry, commerce, and
trade-related associations, and from the staff of the relevant
government agencies, Each committee shall elect a chairman from among
its private sector membership, subject to confirmation by the Governing
Council. chanroblesvirtualawlibrary
Section 8. Management. — The management of the
Export Council shall be vested in the President who is also Chairman of
the Governing Council. A full-time Vice-President shall be appointed by
the President of the Philippines. He shall perform the duties and
functions of the President in the absence or incapacity of the latter
as well as perform such other duties and functions as may be delegated
to him by the President at any time.
Section 9. Functions and Duties of the President of
the Export Council. — The President of the Export Council shall
exercise such powers and functions as may be authorized by this decree.
With the confirmation of the Governing Council, he shall carry out the
following task and duties;chanroblesvirtualawlibrary
a) To approve for submission to the Budget
Commission the annual budget of the Export Council;chanroblesvirtualawlibrary
b) To promulgate such rules and regulations as may
be essential in order to attain the objectives and intent of this
decree, as well as to revise and amend the same;chanroblesvirtualawlibrary
c) To devise, organize, and reorganize, insofar as
necessary, the organization and staff of the Export Council;chanroblesvirtualawlibrary
d) To review and approve the operations and
activities of the Export Council;chanroblesvirtualawlibrary
e) To organize and participate in committees and
other working groups representing government and private entities for
the purpose of identifying impediments to export expansion and for the
development of programs, projects and other recommendations designed to
overcome such obstacles and to support increased export earnings;chanroblesvirtualawlibrary
f) To receive and utilize, for furtherance of the
Export Council's activities, funds, materials and services from sources
other than the Council's appropriations;chanroblesvirtualawlibrary
g) To request and cause to be furnished through
directives, circulars, memoranda or instructions from the Governing
Council, such relevant data, information and statistics as may be
required in the performance of its functions related to export strategy
formulation, planning, programming and monitoring;chanroblesvirtualawlibrary
h) Generally, to undertake such other functions and
duties as may be necessary to carry out the objectives and purposes of
this decree.
Section 10. Compensation, Per Diem and Other
Emoluments of the Governing Council. — The members of the Governing
Council except the Chairman-President shall receive a per diem for each
meeting actually attended in such amount as may be determined by the
Governing Council which shall in no case exceed one thousand pesos
(P1,000) a month regardless of the number of meetings attended. Per
diems herein authorized shall be paid to the actual attendee of the
Governing Council meeting. Reimbursement of transportation and
representation expenses not exceeding one thousand pesos (P1,000) a
month is herein likewise authorized.
The full-time Chairman-President and Vice-President shall receive an
annual compensation in an amount to be determined by the President of
the Philippines.
Section 11. Organization. — There shall be organized
a staff of the Export Council which shall perform the work required for
the execution of the powers and functions of the Export Council and
shall render technical, administrative and secretariat support to the
Governing Council, the Export Advisory Board, the Permanent Committees,
and other working groups/committees to be established in accordance
with the purposes and intent of this decree. The Governing Council
shall devise an appropriate organizational structure which may include
an administrative division and such research and operational divisions
as may be necessary. chanroblesvirtualawlibrary
Section 12. Appropriation. — There is hereby
appropriated initially the sum of five million (P5M) pesos from the
funds of the National Treasury not otherwise appropriated, for the
organizational and operational expenses of the Export Council for a
period of one year from the issuance of this decree. Henceforth, the
Export Council's budget for subsequent years may be adjusted by an
amount which reflects the change in total export performance.
Section 13. Staffing. — The President of the Export
Council shall prepare a staffing pattern for the Export Council's
activities; Provided, That in the filling of positions therein, such
personnel as may be necessary, appropriate and qualified from the
Bureau of Foreign Trade of the Department of Trade, the Institute of
Export Development of the Board of Investments, and the National
Economic and Development Authority and such personnel from the
foregoing government agencies who have been detailed to the RP/UNDP
Export Promotion Project shall be given priority of consideration for
recruitment. The regular professional and technical personnel of the
Export Council shall be permanent and career in status, but upon
approval of the President of the Philippines, may be exempt from WAPCO
and Civil Service rules and regulations; Provided, that the personnel
shall be entitled to the benefits and privileges normally accorded to
government employees such as retirement, GSIS insurance, leave and
similar matters. chanroblesvirtualawlibrary
Section 14. Repeal. — Any and all acts, statutes,
decrees, orders, rules, regulations or parts thereof inconsistent
herewith are hereby repealed or modified accordingly.
Section 15. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 29th day of May, in the year of Our Lord, nineteen hundred and
seventy-six.
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