CREATING THE PHILIPPINE EXPORT COUNCIL, DEFINING ITS POWERS AND DUTIES, AND APPROPRIATING FUNDS THEREFOR.

• Number: Presidential Decree No. 941
• Sections: 17

Preamble

WHEREAS, national economic growth demands a sustained

contribution in foreign exchange generation by the ex-port sector;

WHEREAS, there is a need to develop and implement a national

export strategy designed to achieve a significant increase in export

earnings;

WHEREAS, there is a need to establish a mechanism for the

direct and continuing involvement of the private sector in the

formulation and implementation of the government export strategy;

WHEREAS, there is a need to establish an institution to

serve as the focal point for government and private sector, cooperation

in the promotion of Philippine products:

WHEREAS, the effective implementation of an export promotion

strategy requires that such an institution be capable of flexible and

dynamic action and be vested with appropriate authority to operate

under a high degree of autonomy;

WHEREAS, such an institution will provide the mechanism to

compete with other countries which have adopted similar institutions

designed to optimize their export strategy through encouraging and

stimulating joint government and private action for export expansion.

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 the following, to form part of the laws of

the land:

Section 1

SECTION 1.—Declaration of Policy. It is hereby

declared to be the policy of the government to encourage promote, expand

and diversify exports to existing and prospective markets in order to

generate employment and income, improve the balance of payments, and

hasten the economic development of the nation.

It is further declared to be the policy of government to encourage

and support private sector producers and traders in the promotion of

Philippine commodities and products in international markets and; based

on national economic policies and consistent with fiscal policy, to

maximize direct private sector participation in the implementation of

government export assistance.

Section 2

SEC. 2.—Creation of the Philippines Export Council.

There is hereby created the Philippine Export Council, hereinafter

called the Export Council, which shall be responsible for the

formulation and the monitoring of the national export strategy; for

recommending to the President policy measures pertaining to export

expansion and divising plans and programs of action; and for the

coordination of government and private sector efforts to develop,

promote, and enhance earnings from commodities and products of export.

The Export Council shall be directly under the Office of the

President.

Section 3

SEC. 3.—Responsibilities of the Council.

The Export Council shall prepare a national export strategy which shall

include an identification of performance targets consistent with

existing economic policies and as embodied in the approved national

development plan. The Export Council shall monitor and report to the

President periodically including an annual report on the implementation

of the national export strategy. It shall undertake or cause to be

undertaken by appropriate agencies or organizations such research,

developmental and promotional activities as are necessary in support of

the policy denned in this decree but shall not engage directly in trade

or selling.

Section 4

SEC. 4.—Powers and Functions of the Export

Council. The powers, functions, and duties of the Export Council

established under the provisions of this decree shall include the

following:

To develop a national export strategy to be approved by the

President of the Philippines that is based on national economic

policies and which reflects both immediate and medium-term

objectives defined by specified performance targets;

As a component of the national export strategy, to develop

annual, medium-term, and long-range programs of developmental

and promotional activities designed to achieve the objectives of the

national export strategy, taking into ac count the production

capacity of Philippine industries and the opportunities present

in export markets;

To recommend to the President, the assignment to other

government, semi-government and private institutions functions and

responsibilities denned in the approved national export strategy; to

determine and recommend for approval budget allocations required to fund

such assigned functions and responsibilities in order to assure the

successful implementation of approved programs of action;

To study and recommend specific government

assistance measures that will encourage increased production and will

enable exportable commodities to become more competitive in

international markets;

To identify obstacles to the export of specific

products and commodities in world markets, and to recommend appropriate

measures for the removal of these obstacles;

To assist producers, exporters, and government

agencies including export and industry authorities, government and

private trading organizations, and Philippine missions abroad in the

promotion of Philippine products and commodities;

To assess policies and programs of government

agencies and private sector organizations engaged or

involved in activities allied to or affecting Philippine international

trade, such as forwarding, brokerage, shipping, insurance, ware

housing, financing; and to recommend or adopt measures to

improve their contribution to increasing competitiveness of Philippine

exports in world markets;

To encourage the organization of cooperative trading

organizations and other forms of joint export marketing by

producers/exporters to attain increased leverage in international

marketing;

To undertake or cause to be undertaken any other activities

essential to the achievement of the objectives and intent of this

decree; and

To exercise such other powers and undertake such other

functions as may be assigned to the Export Council by the President of

the Philippines.

Section 5

SEC. 5—Governing Council. The powers and functions

of the Export Council shall be exercised by a Governing Council which

shall be composed of the following:

The Secretary, Department of Trade;

The Secretary, Department of Industry;

The Director-General, National Economic and

Development Authority;

The Secretary, Department of Agriculture;

The Secretary, Department of Natural Resources;

The Secretary, Department of Foreign Affairs;

The Secretary, Department of Finance;

The Governor, Central Bank of the Philippines;

The President, Philippine International Trading Corporation;

and

The President, Philippine Export Council.

The members shall sit in the Governing Council on an ex-officio

basis. In case of any disability of any of such officials to attend

meetings of the Governing Council, the designated representative or the

official next in rank shall sit in place of such official unable to

attend.

The Chairman of the Governing Council will concurrently be the

full-time President of the Export Council. He will be preferably drawn

from the private sector and shall be appointed by the President of the

Philippines for a term of three (3) years.

In the absence or

incapacity of the Chairman, the Secretary of Trade shall preside over

the meetings of the Governing Council.

Section 6

SEC. 6.—Export

Advisory Board. There shall be created a permanent Export Advisory

Board composed of qualified individuals from the private sector who

shall provide the advice, guidance, and insight essential to pursuing

the activities of the Export Council, and who shall collectively

represent private sector views.

The Advisory Board shall be

chaired by the President of the Export Council. Its members shall

include each of the chairman of the Permanent Committees as described in

Section 7

Section 7 and may include additional members who shall be appointed by

the Governing Council from among qualified members of the private

sector.

Section 8

SEC. 8.—Management. The

management of the Export Council shall be vested in the President who is

also Chairman of the Governing Council. A full-time Vice-President

shall be appointed by the President of the Philippines. He shall perform

the duties and functions of the President in the absence or incapacity

of the latter as well as perform such other duties and functions as may

be delegated to him by the President at any time.

Section 9

SEC. 9.—Functions and Duties of the President of the

Export Council. The President of the Export Council shall exercise

such powers and functions as may be authorized by this decree. With the

confirmation of the Governing Council, he shall carry out the following

task and duties:

To approve for submission to the Budget Commission the

annual budget of the Export Council

To promulgate such rules and regulations as may be

essential in order to attain the objectives and intent of this decree,

as well as to revise and amend the same;

To devise, organize, and reorganize, insofar as

necessary, the organization and staff of the Export Council;

To review and approve the operations and activities of the

Export Council;

To organize and participate in committees and other working

groups representing government and private entities for the purpose of

identifying impediments to export expansion and for the development of

programs, projects and other recommendations designed to overcome such

obstacles and to sup port increased export earnings;

To receive and utilize, for furtherance of the Export Council's

activities, funds, materials and services from sources other than the

Council's appropriations;

To request and cause to be furnished through. directives,

circulars, memoranda or instructions from the Governing Council,

such relevant data, information and statistics as may be required

in the performance of its functions related to export strategy

formulation, planning, programming and monitoring;

Generally, to undertake such other functions and duties as may

be necessary to carry out the objectives and purposes of this decree.

Section 10

SEC. 10.—Compensation, Per Diem and Other Emoluments of

the Governing Council. The members of the Governing Council except

the Chairman-President shall receive a per diem for each meeting

actually attended in such amount as may be determined by the Governing

Council which shall in no case exceed one thousand pesos (P1,000) a

month regardless of the number of meetings attended. Per diems herein

authorized shall be paid to the actual attendee of the Governing Council

meeting. Reimbursement of transportation and representation expenses

not exceeding one thousand pesos (P1,000) a month is herein likewise

authorized.

The full-time Chairman-President and Vice President

shall receive an annual compensation in an amount to be determined by

the President of the Philippines.

Section 11

SEC. 11.—Organization.

There shall be organized a staff of the Export Council which shall

perform the work required for the execution of the powers and functions

of the Export Council and shall render technical, administrative and

secretariat support to the Governing Council, the Export Advisory Board,

the Permanent Committees, and other working groups/committees to be

established in accordance with the purposes and intent of this decree.

The Governing Council shall devise an appropriate organizational

structure which may include an administrative division and such research

and operational divisions as may be necessary.

Section 12

SEC. 12.—Appropriation. There is hereby

appropriated initially the sum of five million (P5 M) pesos from the

funds of the National Treasury not otherwise appropriated, for the

organizational and operational expenses of the Export Council for a

period of one year from the issuance of this decree. Henceforth, the

Export Council's budget for subsequent years may be adjusted by an

amount which reflects the change in total export performance.

Section 13

SEC. 13.—Staffing. The President of the Export

Council shall prepare a staffing pattern for the Export Council's

activities: Provided, That in the filling of positions therein,

such personnel as may be necessary, appropriate and qualified from the

Bureau of Foreign Trade of the Department of Trade, the Institute of

Export Development of the Board of Investments, and the National

Economic and Development Authority and such personnel from the foregoing

government agencies who have been detailed to the RP/UNDP Export

Promotion Project shall be given 7 priority of consideration for

recruitment. The regular professional and technical personnel of the

Export Council shall be permanent and career in status, but upon

approval of the President of the Philippines, may toe exempt from WAPCO

and Civil Service rules and regulations; Provided, that the

personnel shall be entitled to the benefits and privileges normally

accorded to government employees such as retirement, GSIS insurance,

leave and similar matters.

Section 14

SEC. 14.—Repeal. Any and all acts, statutes,

decrees, orders, rules, regulations or parts thereof inconsistent

herewith are hereby repealed or modified accordingly.

Section 15

SEC. 15.—Effectivity. This Decree shall take

effect immediately.

Done in the City of Manila, this 29th 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.)

JACOBO C. CLAVE

Presidential Executive Assistant

Section 7

SEC. 7.—Permanent Commutes. There shall be established

permanent committees, to be composed principally of private sector

membership, and that are oriented toward the development and promotion

of specific products, product groups and commodities as well as the

functional aspects of export trade expansion. Meetings of these

committees shall be attended by officials at the level of Bureau

directors or appropriate technical levels from line departments directly

concerned with the product groups or commodities towards which the

committee is oriented. Among other responsibilities to be denned by the

Governing Council, these committees will suggest to the Export Council

Staff activities relating to the determination of performance targets,

the formulation of policy recommendations, and the design of essential

developmental and promotional measures affecting their respective export

industries and related services. The findings and recommendations of

the permanent commodities shall be submitted to the Governing Council

for approval and shall be incorporated in the national export strategy.

The members of each of the permanent committees shall be

appointed by the Governing Council from among the qualified nominees of

concerned private sector national business organizations, industry,

commerce, and trade-related associations, and from the staff of the

relevant government agencies. Each committee shall elect a chair-man

from among its private sector membership, subject to confirmation by the

Governing Council.