Presidential Decree No. 930 (PD 930) — Simplifying Export Procedures and Documentation by Realigning Functions of Certain Government Offices/Agencies Involved in Processing Export Documents, by Authorizing the Issuance of Periodic Clearances, by the Adoption of Standardized Export Documents, and for Other Purposes.
WHEREAS, the development and promotion of Philippine export
is essential in the maintenance of a sustained economic growth, in
providing for the basic means of generating much-needed foreign
exchange, in keeping a favorable balance of payments, and in maintaining
a stable position in international reserves;
WHEREAS, there is a need to promote exports and facilitate
the process of exportation through the adoption of simplified export
procedures and standardized export documents;
WHEREAS, in order to simplify export procedures, it is also
necessary to expedite the processing of export documents by reassigning
and/or re-aligning overlapping functions of certain specialized agencies
of the government, by specifying the areas of authorities to be
exercised, and by reducing the number of steps and the time involved in
processing export documents;
WHEREAS, in order to achieve a truly meaningful reformation
of existing export procedures, it is necessary that all concerned
agencies and offices of the government contribute to this effort by a
constant review of their procedures and documentation activities for
possible further simplification.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution,
do hereby order and decree, as part of the law of the land, the adoption
of simplified procedures to govern exports from the Philippines as
follows:
Basic Principle.
SECTION 1. Basic Principle.—The development and
promotion of exports shall at all times be supported by any or all of
the offices, agencies, and instrumentalities of the government, its
political subdivisions and by government-owned or controlled
corporations, as well as by the private sector, for the sustained
economic, political and social growth of the Filipino nation.
Coverage.
SEC. 2. Coverage.—Except as otherwise provided for in
special cases such as the exports of enterprises registered with the
Board of Investments under RA 6135; those registered with the Export
Processing Zone Authority under RA 5490 as amended by P.D. 66; and
exports covered by RA 3137 creating the Embroidery and Apparel Control
and Inspection Board, prevailing procedures of which shall continue to
be followed, all export transactions shall be considered and processed
in accordance with this decree, as well as with the, rules and
regulations issued pursuant hereto which rules and regulations shall be
formulated, and promulgated by the National Economic and Development
Authority after consultation with government agencies involved, Provided,
that, all concerned agencies may, at any time, introduce revisions
and amendments to said rules and regulations designed to improve the
same and such revisions or amendments shall immediately take effect
after confirmation by the National Economic and Development Authority.
Inspection and Issuance of Commodity Clearance.
SEC. 3. Inspection and Issuance of Commodity Clearance.—In
order to safeguard the quality of Philippine exportable products, such
products are to be inspected and issued commodity clearances by
government commodity agencies prescribed in this decree. Provided,
that, in no case shall more than one agency perform inspection and
certification functions for the same product, unless the importing
country requires that documents be accomplished by more than one agency
of the government.
Re-alignment of Functions.
SEC. 4. Re-alignment of Functions.—The
functions of government offices/agencies concerned with the inspection
of export products, as well as with the issuance of commodity
clearances, shall continue to be exercised by such offices/agencies as
provided for in their respective charters, except as otherwise
re-assigned hereunder:
Philippine Bureau of Products Standards.—This
Bureau, in coordination with specialized government commodity
offices/agencies, shall be the sole agency of the government
responsible for the determination and/or establishment of
standards for export commodities. Where a specialized
government commodity office/agency is empowered to formulate
commodity standards in accordance with its charter and in
view of the technical experties available therein on products
falling under its jurisdiction, it shall continue to do
so and submit such standards for accreditation to the
Philippine Bureau of Products Standards. The inspection of the
products and the issuance of commodity clearance therefor
shall nevertheless be the responsibility of the specialized
government commodity office/agency. For other export products,
the responsibility of inspection and issuance of clearances
for which do not fall under the jurisdiction of any
specialized office/agency, the Philippine Bureau of Products
Standards is hereby authorized to inspect such products and issue
appropriate commodity clearances.
The same Bureau shall continue to be sole agency to issue licenses
for the use of Philippine Standard Certification marks to exporters of
products whether falling within the jurisdiction of a specialized
government commodity office/agency or not. Products with certification
marks shall not be subjected to inspection, provided, that, the
valid license to use such marks is presented in lieu of a commodity
clearance.
Specific Product List for Inspection.—Specialized
government commodity offices agencies such as the Bureau of Fisheries
and Aquatic Resources, the Bureau of Plant Industry, Food and
Drug Administration, National Cottage Industries and
Development Authority, and Bureau of Animal Industry, shall continue to
exercise inspection and commodity certification functions in
accordance with their respective charters for products specified
in the Rules and Regulations issued pursuant to this decree.
Status quo for Certain agencies.—The inspection
and/or certification functions for export products falling under the
jurisdiction of the Philippine Coconut Authority, the Bureau
of Fiber Development and Inspection Service, the Philippine Virginia
Tobacco Administration, the Philippine Tobacco Administration, and the
Bureau of Forest Development shall remain with the same agencies:
Provided, however, that new or additional requirements shall, prior
to their taking effect, be referred to National Economic and Development
Authority for confirmation.
Periodic Commodity Clearance.
SEC. 5. Periodic Commodity Clearance.—Specialized
government commodity offices/agencies shall grant regular exporters, as
denned in the Rules and Regulations issued pursuant hereto, periodic
commodity clearances, the validity period of which is to be determined
by said offices/agencies but shall not exceed one year. Guidelines for
the issuance of periodic commodity clearances shall be prepared and
promulgated by the offices/agencies concerned. Such clearances shall
pertain to commodities which constitute the object of the regular
trading operations of the exporter. The exporter shall see to it that
the consistency and quality of his exports are maintained in accordance
with established standards.
Tax Clearance for Regular Exporters.
SEC. 6. Tax Clearance for Regular Exporters.—Regular
exporters, as denned in the Rules and Regulations issued pursuant
hereto, shall be granted tax clearances on a quarterly basis for the
purpose of facilitating the processing of their export documents. Such
clearances, however, shall not constitute a waiver by the government of
any tax, penalty or interest that may be due from the exporter.
At the end of every fourth quarter, a final liquidation of the
taxes due the government shall be made by the exporter and no further
clearance shall be issued until such liquidation is made.
The
quarterly tax clearance herein authorized shall be used in lieu of the
tax clearances now required for every shipment.
The Secretary of
Finance, upon the recommendation of the Bureau of Internal Revenue,
shall issue the requisite rules and regulations for the availment of the
quarterly tax clearance authorized in this section.
SEC. 7.
Inspection Fees.—No new or additional inspection fees and/or
related charges shall be imposed by specialized government commodity
offices/agencies in the implementation of the provisions of this decree.
The National Economic and Development Authority shall have the sole
authority to approve rates of fees recommended by such offices/agencies.
In cooperation with other agencies concerned, it shall conduct periodic
reviews of all inspection fees imposed on exporters with a view to
formulating standard criteria for their imposition, and it shall
institute appropriate measures for the standardization of fees and/or
related charges.
SEC. 8. Resolution of Issues and
Administration. The Department of Trade shall have the authority to
resolve issues or conflicts that may arise among agencies or
instrumentalities of the government resulting from the reassignment of
inspection and/or certification authorities provided for in this decree.
Any agency or instrumentality not satisfied with the
resolution of the Department of Trade may elevate the issue conflict to
the National Economic and Development Authority within fifteen (15) days
from the date the agency or instrumentality receives notice thereof, Provided,
that, failure to elevate the issue/conflict within the period
provided herein shall render the resolution of the Department of Trade
final and executory, Provided, further, that the Department of
Trade may, motu propio, immediately, refer any issues or
conflicts to the National Economic and Development Authority for final
resolution.
The Department of Trade shall also be responsible for
coordinating the administration and implementation of the provisions of
this decree and of the instructions and/or rules and regulations that
may be issued in pursuance thereof along the concept of simplifying
export procedures and documentation. It may recommend to the National
Economic and Development Authority any change or modification it may
deem necessary to effectuate the intents and provisions of this Decree
as well as the Rules and Regulations issued pursuant hereto.
SEC.
9. Review Power.—The National Economic and Development
Authority shall have the power to review, revise or amend decisions,
rulings, or actions made or taken by any agency or instrumentality
involved in the implementation of the simplified export procedures and
documentation provided herein, as well as the rules and regulations
issued pursuant hereto. Further, it shall have the authority to suspend,
for a period not exceeding six months, any aspect or portion of the
procedures that may be prescribed to implement this decree, and/or issue
within the same limited period, rules and regulations on the matter.
Export Procedure Simplification and Documentation.
SEC. 10. Export Procedure Simplification and
Documentation.—In addition to the adoption of a simplified export
procedure and the standardization of export documents provided for in
the Rules and Regulations issued pursuant hereto, all government
agencies concerned should exert efforts in simplifying exports
procedures and the documentation on a continuing basis.
Repealing Clause.
SEC. 11. Repealing Clause.—All laws, decrees,
proclamations, orders, rules or regulations inconsistent with any of the
provisions of this decree are hereby repealed, amended or modified
accordingly.
Effectivity.
SEC. 12. Effectivity.—This decree shall take
effect immediately and shall apply to all exports made after the
effectivity of the rules and regulations.
Done in the City of Manila this 13th day of May in the year of
Our Lord nineteen hundred and seventy-six.
(Sgd.)
FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.)
JUAN C. TUVERA
Presidential Assistant
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
