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PRESIDENTIAL DECREE NO. 670
PRESIDENTIAL DECREE NO. 670 -
AUTHORIZING THE TRANSFER FROM ASIATIC INTEGRATED CORPORATION TO EXPORT
PROCESSING ZONE AUTHORITY THE FRANCHISE TO CONSTRUCT, OPERATE AND
MAINTAIN PRIVATE PIERS AND WHARVES IN THE PORT OF MARIVELES, AND FOR
OTHER PURPOSES
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WHEREAS, to
enable the Export Processing Zone Authority to effectively implement
its export promotion objectives it is imperative that the Authority be
allowed to construct, operate and maintain private piers and wharves in
the Port of Mariveles;chanroblesvirtualawlibrary
WHEREAS, the franchise to construct, operate and maintain such
facilities in Mariveles belongs to the Asiatic Integrated Corporation
under Republic Act Numbered Fifty Three Hundred and Fifty-six;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree that: chanroblesvirtualawlibrary
Section 1. In accordance with the agreement already
arrived at between Asiatic Integrated Corporation and the Export
Processing Zone, the franchise to construct, operate and maintain
private piers and wharves in the Port of Mariveles granted to the
Asiatic Integrated Corporation under Republic Act Numbered Fifty Three
Hundred and Fifty-six is hereby transferred to the Export Processing
Zone Authority, on such terms and conditions as may be agreed upon by
the parties, provided that the same are in conformity with provisions
of existing laws and applicable to such transfer, and subject to the
approval of the President of the Philippines.
For this purpose, the Authority is hereby authorized to construct,
acquire, own, lease, operate and/or maintain, by itself or through
other persons or entities, in the Port of Mariveles, Bataan, piers,
wharves and other port terminal facilities.
Section 2. In the construction, operation and
maintenance by the Authority of piers, wharves and other port terminal
facilities, the following guidelines shall apply;chanroblesvirtualawlibrary
a) All goods unloaded in Authority's pier and
wharves shall not be subject to inspection, assessment and payment of
tariff and customs duties and internal revenue taxes, unless said goods
are subsequently removed from the pier and delivered outside of the
export processing zone. Upon such withdrawal and delivery outside of
the zone, the goods shall be subject to inspection, assessment and
payment of the corresponding tariff and customs duties and internal
revenue taxes, without prejudice to such tax and tariff exemptions as
may be enjoyed by the consignee thereof under existing laws.
b) The Authority shall supervise, subject to the
existing international commitments, the flow of vessels in and out of
the pier, as well as the manner in which the loading and unloading of
vessels therein shall be carried out: Provided, That nothing herein
contained shall prejudice the authority of the Philippine Coast Guard
to enforce the laws and regulations under its jurisdiction. chanroblesvirtualawlibrary
c) The Authority shall adopt a just and reasonable
rate or fee for the use of its piers and wharves, including any and all
services operated therein in connection with or incidental to the
operation and management of said piers and wharves.
d) The Authority may enter into technical
consultancy and construction agreement with any person or firm,
corporation or entities respecting the construction, operation,
maintenance or expansion of Authority's piers and wharves, under such
terms and conditions as may be deemed reasonable.
Section 3. Section 5 of Presidential Decree No. 66 is
hereby amended to read as follows:cralaw:red
"Sec. 5. Capitalization. — The capital of the
Authority shall consist of (1) its existing assets and such other
properties as may be contributed to the Authority by the Government to
form part of capital, (2) all capitalized surplus, and (3) cash
contribution by the Government in the amount of five hundred million
pesos, which is hereby appropriated out of any fund in the National
Treasury not otherwise appropriated, be they collected from any or all
taxes accruing to the general fund proceeds from loans, the issue of
bonds, treasury bills or notes, or derived from any other sources of
income by or of the National Government, which amount shall be released
by the Budget Commission in accordance with the schedule of development
and expenditure to be prepared and submitted by the Authority."
Section 4. Republic Act Numbered Fifty Three Hundred
and Fifty-six is hereby repealed and all other laws, decrees,
administrative orders, executive orders, rules and regulations
inconsistent herewith are hereby repealed and modified accordingly.
Section 5. This Decree shall take effect immediately.
Done in the City of Manila,
Philippines, this 13th day of March, in the year of Our Lord nineteen
hundred and seventy-five.
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