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.

• Number: Presidential Decree No. 670
• Sections: 6

Preamble

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;

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;

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:

Section 1

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

SEC. 2. In the construction, operation and maintenance

by the Authority of piers, wharves and other port terminal facilities,

the following guidelines shall apply:

All goods unloaded in Authority's piers 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.

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.

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.

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

SEC. 3. Section 5 of Presidential Decree No. 66 is hereby

amended to read as follows:

"SECTION 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 collection 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

SEC. 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

SEC. 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.

(Sgd.)

FERDINAND E. MARCOS

President

Republic of the Philippines

By the President:

(Sgd.)

ALEJANDRO MELCHOR

Executive Secretary