PROVIDING FOR A SYSTEM OF ESTABLISHING EXPORT INDUSTRY AUTHORITIES, DEFINING THE FUNCTIONS OF SUCH AUTHORITIES, AND FOR OTHER PURPOSES

• Number: Presidential Decree No. 160
• Sections: 9

Preamble

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:

Section 1 Declaration of Policy.

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.

Section 2 Mode of Creating Export Industry Authorities.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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:

Regulate all exports, business or trade involving exports

of goods or products as may be specified by the NEDA;

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;

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;

Coordinate government efforts to solve problems and

obstacles faced by the producers, manufacturers and traders of the

specified products;

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;

Establish and maintain such facilities and

services, in such areas wherever necessary, for the promotion

and development of the export of said products;

Make arrangements with public or private sectors to provide

for logistical supports in meeting and fulfilling export commitments;

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;

Take steps as to afford the producers, manufacturers and

traders such incentive and/or assistance from any source;

Promulgate such rules and regulations as are

necessary for the effective implementation of this Decree;

Establish and enforce a system of business discipline as

will insure effective compliance with the rules and regulations insured

by the authority; and

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.

SEC. 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.

SEC. 8. Effectivity. — This Decree shall take

effect immediately.

Done in the City of Manila, this 28th day of March, in the

year of Our Lord, nineteen hundred and seventy-three.

(Sgd.) FERDINAND E. MARCOS

President

Republic of the Philippines

By the President:

(Sgd.) ALEJANDRO MELCHOR

Executive Secretary