CREATING THE PHILIPPINE SHIPPERS' COUNCIL

• Number: Presidential Decree No. 165
• Sections: 11

Preamble

WHEREAS, the pressing need for economic growth requires that

Philippine exports be more competitive in the world markets and that

the cost of imports and domestic production and consumer prices be

rationalized;

WHEREAS, these objectives can be obtained faster by

facilitating the movement of goods to, from and within the Philippines

at reasonable and stable freight rates and other terms of shipment; and

WHEREAS, it is necessary to organize the Philippine shippers

into a cohesive group to enable them to promote and protect their

common interest and the economy and to negotiate with foreign shipping

interests from position of strength for reasonable freight rates and

optimum shipping terms;

NOW, THEREFORE, 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, in order to effect

the desired changes and reforms in the social, economic and political

structure of our society, do hereby order and decree as part of the laws

of the land the following:

Section 1

SECTION 1. Title. This Decree shall be known as the

Philippine Shippers' Council Decree of 1973.

Section 2 Statement of policy; creation and composition of the Philippine Shippers' Council.

SEC. 2. Statement of policy; creation and composition of

the Philippine Shippers' Council. — It is hereby declared the

policy of the State to facilitate the development and growth of

Philippine foreign trade and the national economy by enhancing the

interest of Philippine shippers. For this purpose, a non-stock

corporation to be known as the Philippine Shippers' Council, hereinafter

referred to as the Council, is hereby created which shall be composed

of all enterprises regularly engaged in the Philippines in the business

of exporting commodities, except those firms with efficient chartering

operations which shall be given the option to join as members of the

Council, as well as other firms which may, in the general interest, be

excluded under rules to be promulgated by the Secretary of Trade and

Tourism.

Section 3 Purposes and powers.

SEC. 3. Purposes and powers. — The Philippine

Shippers1 Council, which shall have its head office in the Greater

Manila area, shall have the following purposes and powers:

a. Promote and protect the common interest of Philippine

exporters, importers and other commercial users of water

transport, and maintain and foster close cooperation and mutual

assistance among them;

b. Conduct consultations and negotiations, on behalf of the

members, with shipping companies, associations of shipping interests,

government authorities and other institutions and persons, whether

foreign or domestic, in order to secure appropriate

vessels for the shipment of their goods, on time and at reasonable rates

and other favorable shipping terms;

c. Facilitate consultations, mediate and/or arbitrate disputes

between members and between members and non-members;

d. Serve as clearinghouse of information on shipping services

and other matters of interest to Philippine shippers;

e. Bring to the attention of the government authorities the

laws, policies, rules and practices which hamper the healthy

development of Philippine trade and commerce, especially

those which serve to delay or obstruct the speedy,

economical and efficient carriage of merchandise, and recommend and work

for appropriate legislation and the adoption of remedial measures;

f. Maintain and develop close relationships and

enter into mutually-beneficial arrangements with shippers' councils

and other related organizations in Asian and other countries for the

attainment of the objectives of the Council;

g. Adopt a corporate seal, sue and be sued, receive donations

and grants from international and domestic organizations, exercise the

general corporate powers, and do all things necessary, suitable or

convenient for the accomplishment of any of the objectives stated herein

or the promotion, directly or indirectly, of the interest of the

corporation; and

h. Attend, participate and/or present its views in meetings

concerning promulgation of national shipping policies and government

assistance in promoting the export and import trades, in securing

reasonable freight rates from international shipping conferences and

non-conference lines and trampers and in obtaining favorable tariff and

customs treatment for Philippine commodities entering foreign markets.

Section 4 Governing board.

SEC. 4. Governing board. — The Council shall be

governed by a Board of Directors consisting of fifteen members, eight of

whom shall be appointed by the President of the Philippines from

nominees of major commodity groups into which the members shall be

classified. The remaining directors shall be elected by the members of

the Council. The term of office of the members of the Board shall be

three years and they may be re-appointed or re-elected, as the case may

be. The members of the Board shall elect from among themselves a

Chairman and a Vice-Chairman: Provided, That, during the first

two years of the Council, the Secretary of Trade and Tourism shall serve

as Chairman of the Board.

a. The Board shall prescribe guidelines and rules for

compliance by the members, which shall enhance the collective strength

of the Council, promote ethical conduct among the members and provide

for effective management of the affairs of the Council.

b. The Board shall approve an annual and such supplemental

budgets as may be necessary for the administration and operation of the

Council.

Section 5 Sources of funds.

SEC. 5. Sources of funds. — The members shall pay

such fees, dues and other contributions as the Board of Directors may

determine. However, in order to assist it during its formative years,

the amount of Two hundred and fifty thousand pesos is hereby

appropriated annually for two years from the general funds of the

National Government as counterpart contribution for the administration

and operation of the Council.

Section 6 Assistance of financial and other agencies.

SEC. 6. Assistance of financial and other agencies.

— The Central Bank of the Philippines, the Development Bank of the

Philippines, the Philippine National Bank, the Philippine Export Credit

Insurance and Guarantee Corporation, the Board of Investments, the

Bureau of Customs, the Philippine Coast Guard and other government

offices and instrumentalities as well as private financial institutions

are hereby enjoined to extend the necessary assistance to the Council

and its members, particularly in the extension of incentives, credits,

financing and facilities. During its first two years, the Council, while

operating as a private corporation, shall be attached to the Department

of Trade and Tourism, through the Secretary, for direction and

supervision and for coordination of the efforts of government

authorities to assist the Council.

Section 7 Council Secretariat.

SEC. 7. Council Secretariat. — The Council shall

have a Secretariat to be headed by an Executive Secretary who shall be

appointed by the Board for a term of six years.

Section 8 Implementing rules.

SEC. 8. Implementing rules. — The Secretary of

Trade and Tourism shall promulgate the necessary rules and regulations

to implement this Decree.

Section 9 Repealing Clause.

SEC. 9. Repealing Clause. — All provisions of

existing laws, orders and rules which are contrary to or inconsistent

with this Decree are hereby repealed or modified accordingly.

Section 10 Effectivity.

SEC. 10. Effectivity. — This Decree shall take

effect immediately.

Done in the City of Manila, this 31st 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.) ROBERTO V. REYES

Assistant Executive Secretary