Presidential Decree No. 941 (PD 941) — Creating the Philippine Export Council, Defining Its Powers and Duties, and Appropriating Funds Therefor.
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.—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.
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.
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.
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.
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.
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 and may include additional members who shall be appointed by
the Governing Council from among qualified members of the private
sector.
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.
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.
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.
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.
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.
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.
SEC. 14.—Repeal. Any and all acts, statutes,
decrees, orders, rules, regulations or parts thereof inconsistent
herewith are hereby repealed or modified accordingly.
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
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.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
