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Sponsored by: The ChanRobles Group A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library. This page features the full text of Republic Act No. 7471 "Philippine Overseas Shipping Development Act" AN ACT TO PROMOTE THE DEVELOPMENT OF PHILIPPINE OVERSEAS SHIPPING REPUBLIC ACT NO. 7471 AN ACT TO PROMOTE THE DEVELOPMENT OF PHILIPPINE OVERSEAS SHIPPING
Section
1. Title. — This Act shall be
known and cited as the "Philippine Overseas Shipping Development
Act." Sec.
2. Declaration of Policy. — It
is hereby declared the policy of the Government of the Philippines
to:
Sec.
3. Definition. — As used this
Act: chan
robles virtual law library
Sec.
4. Foreign Exchange Requirements.
— Foreign exchange requirements of Philippine Shipping enterprises for
the purchase of oceangoing vessels for registration under the
Philippine
flag, for repair or improvement of vessels, for importation of engines,
spare parts, accessories, supplies, containers and for other expenses
required
for the operation of vessels in foreign ports or in the high seas, when
recommended by the MARINA, shall be made available to the Philippine
shipping
enterprise subject to the regulations. chan
robles virtual law library
Sec.
5. Acquisition of Oceangoing
Vessels. — Philippine shipping enterprises may likewise acquire
oceangoing
vessels for Philippine overseas shipping upon approval by the MARINA,
subject
to the guidelines prescribed in the regulations: Provided, That:
Sec.
6. Exemption from Import Duties
and Taxes. — The importation by a Philippine shipping enterprise of
oceangoing
vessels for registration under the Philippine flag shall be exempt from
the payment of import duties and taxes. The spare parts for the repair
and/or overhaul of vessels shall likewise be exempt from the payment of
import duties and taxes: Provided, That such items are destined or
consigned
either to:
Local
manufactures or dealers who sell machinery, equipment, materials and
spare
parts to a Philippine shipping enterprise shall be entitled to tax
credits
for the full amount of import duties and taxes actually paid thereon,
or
on parts or components thereof, subject to the approval of the
Secretary
of Finance, upon the recommendation of the MARINA.chanrobles virtual law library Sec.
7. Exemption from Income Tax.
— A Philippine shipping enterprise shall be exempt from payment of
income
tax on income derived from Philippine overseas shipping for a period of
ten (10) years from the date of approval of this Act: Provided, That:chanroblesvirtualawlibrary
Any
amount not so invested or withdrawn prior to the expiration of the
period
stipulated herein shall subject to the corresponding income tax,
including
penalties, surcharges and interests. chan
robles virtual law library
Sec.
8. Registration and Deletion
of Vessels. — All vessels owned by Philippine shipping enterprises and
availing of the incentives under this Act shall be registered under the
Philippine flag. Said vessels can only be deleted from the Philippine
registry
after the MARINA has determined that:
Sec.
9. Requisition of Vessels. —
The President of the Philippines may, in times of war and other
national
emergency, requisition absolutely or temporarily, for any naval or
military
purpose, any and all vessels of the Philippine registry. The Government
shall pay the owner or operator of the vessel, based on normal
conditions
at the time of requisition;
In
case of disagreement, such fair value shall be determined by an
arbitration
committee composed of:
The
decision of the arbitration committee shall be final and binding on
both
parties. chan
robles virtual law library
Sec.
10. Rules and Regulations. —
The MARINA, in consultation with the monetary authority and the
Department
of Finance, shall jointly formulate and promulgate the rules and
regulations
necessary for the implementation of this Act taking into consideration
the policies and programs of the Government for the development of the
Philippine overseas shipping.chanrobles virtual law library
Sec. 11. Annual Report. — The MARINA, in coordination with the monetary authority and the Department of Finance, shall submit an annual report to the President of the Philippines and the Congress of the Philippines on the implementation of this Act, which report shall include:
Sec.
12. Penal Provisions. — Violation
of the provisions of this Act or the rules and regulations promulgated
to implement the same shall be punished by a fine of not more than Ten
thousand pesos (P10,000) or imprisonment for not more than five (5)
years,
or both such fine and imprisonment, at the discretion of the court.chan
robles virtual law library chan
robles virtual law library
If
the violation is committed by an association or corporation, the
penalties
prescribed hereunder shall be imposed on the president the chief
executive
officer and the other officials and employees responsible for the
violation.chanrobles virtual law library
If the violation is committed by a government official or employee, he shall, in addition to the penalties prescribed hereunder, be dismissed from the government service with all administrative penalties accessory thereto. chan robles virtual law library Sec. 13. Repealing Clause. — All laws, executive orders, regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.cralaw Sec.
14. Effectivity Clause. — This
Act shall take effect fifteen (15) days after its publication in at
least
two (2) newspapers of general circulation. chan
robles virtual law library
Approved:
May 5, 1992
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