Central Authority.
SEC. 6. Central Authority. – A permanent committee under the National Security Council (NSC), to be known as the NSC-Strategic Trade Management Committee (NSC-STMCom), is hereby constituted and deemed the central authority on any and all matters relating to strategic trade management with the following composition: (1) the Executive Secretary, as Chairperson; (1) the Executive Secretary, as Chairperson; (2) the Secretary of Trade and Industry, as Vice Chairperson; and (3) the Secretary of Foreign Affairs; (4) the Secretary of Justice; (5) the Secretary of National Defense; (6) the Secretary of the Interior and Local Government; (7) the Secretary of Finance; (8) the Secretary of Transportation and Communications; (9) the National Security Advisor; (10) the Secretary of Environment and Natural Resources; (11) the Secretary of Science and Technology; (12) the Secretary of Agriculture; and (13) the Secretary of Health; as Members. The Anti-Terrorism Council (ATC) – Program Management Center (PMC) shall serve as the Secretariat.
The members may designate a representative to the NSC-STM Com, who shall have a rank not lower than an Undersecretary. Five (5) members of the NSC-STMCom shall constitute a quorum for the transaction of business.
For purposes of this Act, the NSC-STMCom shall be complemented by the following support agencies and bureaus:
a. Bureau of Customs (DOF-BOC);
b. Bureau of Animal Industry (DA-BAI);
c. Food and Drug Administration (DOH-FDA);
d. Bureau of Quarantine (DOH-BOQ);
e. Philippine Nuclear Research Institute (DOST-PNRI);
f. Information and Communication Technology Office (DOST-ICTO);
g. Armed Forces of the Philippines (AFP);
h. Philippine National Police (PNP);
i. Philippine Coast Guard (PCG);
j. Office of Transport Security (DOTC-OTS);
k. National Bureau of Investigation (DOJ-NBI);
l. Presidential Legislative Liaison Office (OP-PLLO);
m. Office of the Special Envoy on Transnational Crime (OSETC): and
n. Such other offices, agencies or units as necessary.
Powers and Functions of the NSC-STMCom.
SEC. 7. Powers and Functions of the NSC-STMCom. – As the central authority focused on the country’s international commitment towards the promotion of a secured and safe environment for trade in strategic goods consistent with the objectives of this Act, the NSC-STMCom shall have the following powers and functions:
a. Formulate and adopt strategies, policies and guidelines for the effective implementation of this Act;
b. Establish, publish, review and update the NSGL;
c. Develop a standard end-users’ certification;
d. Monitor and evaluate the implementation of plans, programs and activities of the STMO;
e. Review and decide appeals on decisions made by the STMO;
f. Establish exemptions from an authorization requirement as provided for in Section 15, and taking into consideration national security, foreign policy and law enforcement concerns. These exemptions shall be published, reviewed arid updated;
g. Create working groups on specific issues by enlisting the assistance and support of government agencies, the academe, as well as private institutions, or persons to carry out its functions;
h. Establish and maintain coordination, cooperation, assistance and information sharing with government agencies in the implementation of this Act;
i. Establish and maintain coordination, cooperation, assistance and information sharing with other nations in the regulation of strategic goods; and
j. Perform such other tasks and functions it may deem necessary to effectively carry out the provisions of this Act.
Executive and Technical Arm.
SEC. 8. Executive and Technical Arm. – The STMO is hereby created as a bureau under the administrative supervision of the Department of Trade and Industry (DTI) to serve as the executive and technical agency of the national government for the establishment of the management systems for the trade in strategic goods pursuant to this Act. The STMO shall be headed by a Director who shall be responsible for the pursuit of the office mandate, the discharge of its duties and functions and the exercise of supervision and control over the STMO and its constituent units. The STMO, through the Secretary of Trade and Industry, shall submit periodic updates to the NSC-STMCom.
The organizational structure and staffing pattern of the STMO shall be formulated by the DTI Secretary in coordination with the NSC-STMCom, subject to the approval by the Department of Budget and Management (DBM) in accordance with Executive Order No. 292 (Administrative Code of 1987).
Powers and Functions of the STMO.
SEC. 9. Powers and Functions of the STMO. – The STMO shall have the following powers and functions:
a. Implement strategies, policies and guidelines formulated by the NSC-STMCom and develop, evaluate, and monitor corresponding programs and activities;
b. Develop and maintain the register and carry out registration activities to include registration, registration with conditions, denial of registration, modification, suspension, revelation or annulment of registration;
c. Establish and maintain a comprehensive database information system on strategic goods and on persons engaged in the trade of strategic goods and the provision of related services;
d. Issue or deny issuance of authorizations for the trade of strategic goods and the provision of related services;
e. Modify, condition, limit, suspend, revoke, or annul authorizations that have been issued as circumstances warrant in consultation with the NSC-STMCom;
f. Issue, modify, suspend and revoke governmental end-use assurances in consultation with the NSC-STMCom;
g. Ensure and operate end-use/end-user controls and establish compliance checks and exercise authority to enter premises for such purposes;
h. Issue warning letters and orders for corrective action;
i. Conduct investigation into violations committed under this Act;
j. Undertake the enforcement of the provisions of this Act in cooperation with other agencies;
k. Coordinate, cooperate, provide assistance and share information with the ATC and other departments/agencies in the implementation of this Act;
l. Conduct capacity building and training of personnel for the effective implementation of this Act;
m. Coordinate with the industry and the public regarding their obligations under this Act;
n. Encourage and facilitate international cooperation, including the exchange of assistance such as information on matters regarding the implementation and application of this Act or its implementing rules and regulations (IRR); and
o. Perform such other tasks and functions necessary to effectively cany out the provisions of this Act.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
