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PRESIDENTIAL DECREE NO. 160
PRESIDENTIAL DECREE NO. 160
- PROVIDING FOR A SYSTEM OF ESTABLISHING EXPORT INDUSTRY AUTHORITIES,
DEFINING THE FUNCTIONS OF SUCH AUTHORITIES, AND FOR OTHER PURPOSES
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I,
FERDINAND E. MARCOS, President of the Philippines, by virtue of the
powers vested in me by the Constitution as Commander-in-Chief of all
the Armed Forces of the Philippines and pursuant to Proclamation No.
1081 dated September 21, 1972 and General Order No. 1 dated September
22, 1972, as amended, do hereby order and decree, to be part of the
laws of the land, the following:cralaw:red
Section 1. Declaration of Policy. — It is hereby
declared to be the policy of the State to enhance and encourage the
diversification and development of export industries, business and
trade, provide policy design as would create a wholesome sphere in
their operations, mobilize all resources in manner consistent with
rationalized free enterprise for the attainment and maintenance of a
favorable balance of trade and, to maximize the utilization of the
consequential benefits for the over-all national economic, social and
political development. chanroblesvirtualawlibrary
Section 2. Mode of Creating Export Industry
Authorities. — For the implementation of the policy set forth herein,
export industry authorities shall be established, upon recommendation
of the National Economic and Development Authority, hereinafter called
the "NEDA", to regulate the operations of particular export industry or
industries. Such authorities shall come into existence upon approval by
the President. Unless the President prescribes the contrary, the
authorities shall be established along the organizational lines and
with the powers herein provided.
Section 3. Membership of the Authorities. — The
authorities to be established pursuant to this Decree shall be composed
of the Chairman of the Board of Investments, Secretary of the
Department of Trade and Tourism, and the Governor of the Central Bank
as permanent members and two (2) other members who shall come from
other government offices concerned with the industry or industries to
be regulated as recommended by the NEDA. The authority shall have a
Chairman to be designated by the President from among the said five (5)
members.
Section 4. Term of the Authorities. — The authorities
to be established under the provisions of this Decree shall have a term
of three (3) years from its organization unless otherwise earlier
abolished or extended at the instance of the NEDA.
Section 5. The Secretariat. — Upon organization of
the desired authority, the Office or agency represented by the Chairman
designated by the President shall provide the core Secretariat. Such
technical assistance as would be required by the Chairman may be
requested from other government offices or agencies which are hereby
directed to provide the same as and when necessary.
Section 6. Powers and Functions of the Authorities. —
The powers, functions, duties and responsibilities of the different
authorities authorized to be established under this Decree shall
include the following: chanroblesvirtualawlibrary
1. Regulate all exports, business or trade involving
exports of goods or products as may be specified by the NEDA;chanroblesvirtualawlibrary
2. Ascertain from actual and potential producers,
manufacturers and traders of such specified export products the types
of problems that impede their program of export development and
expansion;chanroblesvirtualawlibrary
3. Determine ways and means to rationalize the
production and marketing operations of the exports of the specified
products in order to facilitate effective and competitive marketing of
said products in the overseas markets;chanroblesvirtualawlibrary
4. Coordinate government efforts to solve problems
and obstacles faced by the producers, manufacturers and traders of the
specified products; chanroblesvirtualawlibrary
5. Negotiate and enter into contracts or agreements
with local or foreign entities, private or public, as would enhance and
protect the exports of such products;chanroblesvirtualawlibrary
6. Establish and maintain such facilities and
services, in such areas wherever necessary, for the promotion and
development of the export of said products;chanroblesvirtualawlibrary
7. Make arrangements with public or private sector to
provide for logistical supports in meeting and fulfilling export
commitments;chanroblesvirtualawlibrary
8. Establish a scheme among producers, manufacturers,
and exporters as would coordinate their efforts and avoid wastes,
insure equitable distribution of benefits and their corresponding
burden and responsibilities, with the end in view of developing and
maintaining an operation of economies of scale;chanroblesvirtualawlibrary
9. Take steps as to afford the producers,
manufacturers and traders such incentive and/or assistance from any
source;chanroblesvirtualawlibrary
10. Promulgate such rules and regulations as are
necessary for the effective implementation of this Decree; chanroblesvirtualawlibrary
11. Establish and enforce a system of business
discipline as will insure effective compliance with the rules and
regulations insured by the authority; and
12. Do such other acts as may be necessary to attain
the objectives declared in this Decree.
All government offices and agencies performing functions relative to
exports shall coordinate and abide by the applicable orders, rules and
regulations issued by the authorities organized pursuant to this
Decree.
Section 7. Delegation of Powers. — The export
industry authorities herein authorized to be established may delegate
such powers granted herein to such association or organization of the
particular industry or industries for which the authority was created.
Section 8. Effectivity. — This Decree shall take
effect immediately. chanroblesvirtualawlibrary
Done in the City of Manila,
this 28th day of March, in the year of Our Lord, nineteen hundred and
seventy-three.
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