EXECUTIVE ORDER NO. 537
EXECUTIVE ORDER NO. 537 - CREATING
THE GARMENTS AND TEXTILE EXPORT BOARD, DEFINING ITS POWERS AND
FUNCTIONS, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES
WHEREAS,
it is the policy of the government to develop and promote exports
essential for the maintenance of a sustained economic growth,
generating the much needed foreign exchange and the maintenance of a
stable position in international reserves;
WHEREAS, an increasing number of countries seek to impose restraint
levels on Philippine exports of textiles and garments under the
Arrangement regarding the international Trade in Textiles also known as
the Multi-Fibre Agreement;
WHEREAS, the Philippines has concluded several international trade
agreements for the export of textiles and garments with other
countries;
WHEREAS, there is a need to insure an equitable allocation of export
quotas and authorizations to both old and new garments and textile
manufacturers to maximize and spread the economic benefits to be
derived from such international Agreements; and
WHEREAS, there is also a need to insure proper, order, and expeditious
implementation of said Agreements and effect efforts in line with the
existing government trade development program.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
direct and order the following:
Section 1. Garments and Textile Export Board. — There
is hereby created a Garments and Textile Export Board hereinafter
referred to as the Board, to be composed of the Minister of Trade or
his representative, as Chairman, and the Minister of Industry and the
Commissioner of the Bureau of Customs or their representatives, as
Members.
The Garments and Textile Export Board created under Presidential Decree
No. 1440 is hereby abolished and its powers and functions as well as
funds, properties, records and documents are hereby transferred to the
Board herein established.
The Board shall be under the Office of the President.
Sec. 2. Statement of Policies. —
a.
Quota allocations shall be administered in a manner whereby no
individuals or firms, whether directly, indirectly or through their
affiliates, shall hold monopoly positions.
b. New
manufacturers shall be given equitable and tangible shares in the
allocation of quotas.
c. Performance
must be assessed on the basis of manufacturer’s in-plant capacities.
Performance that could justifiably be attributed to sub-contractors may
entitle such sub-contractors to compete for the quota.
d. Quota
allocations shall not be given to middlemen or traders.
e. Partly
finished garments or worked textiles shall not be imported, tagged and
exported as a Philippine product under quota/restraint level.
f. The Board,
through the Commissioner of Customs and/or any of the investigating
agencies of the national government as the circumstances may warrant,
shall cause the examination of textile shipments, including
importations of raw materials and supplies intended for the manufacture
of export products, under quota/restraint level.
Sec. 3. Powers and Functions of the Board. — The
Board shall have the following powers and functions:
a.
To oversee the implementation of the garments and textile agreements
between the Republic of the Philippines and other countries,
particularly the administration of garments and textile quotas;
b. To approve
quota allocations and export authorizations, to issue export licenses
and to adopt the necessary measures to expedite the processing of the
same;
c. To provide
on a regular basis the necessary information and statistics relating to
the administration of garments and textile export quotas and the flow
of garments and textile exports, for monitoring purposes and in order
to obtain maximum benefits from the textile negotiations with other
countries;
d. To
promulgate and implement rules and regulations to administer all
international textile agreements entered into between the Republic of
the Philippines and importing countries, in pursuance of the policies
enumerated under Sec. 2 of this Order; and
e. To fix and
collect reasonable fees for the issuance of export quotas, export
authorizations, export licenses and other related services, in
accordance with guidelines specified in the rules and regulations.
Sec. 4. Secretariat. — The Board is hereby
authorized to create a Secretariat to be composed of technical as well
as administrative staff as may be necessary to assist the Board in the
accomplishment of its responsibilities and functions under this Order.
The Secretariat shall hold office in the Ministry of Trade.
The Secretariat shall be headed by an Executive Director who shall be
appointed by the President of the Philippines, upon recommendation of
the Chairman.
The regular professional and technical personnel of the Secretariat
shall be permanent and career in status.
Sec. 5. Powers and Functions of the Chairman. —
The Executive Director and the Secretariat shall be responsible to the
Board: Provided, however, That the Chairman, in behalf of the Board
exercise direct supervision and control over them. He shall also have
the power to appoint and discipline personnel of the Secretariat in
accordance with law, subject to confirmation by the Board.
The Chairman shall also approve the agenda for Board meetings, convene
and preside over meetings and exercise such other functions as may be
delegated to him by the Board.
The Chairman shall designate an officer-in-charge to act as Executive
Director pending appointment and qualification of an Executive Director
and/or where the incumbent Executive Director has been physically
and/or mentally incapacitated.
Sec. 6. Appropriations. — The amount of One
Million Pesos (P1,000,000.00) is hereby appropriated to defray
organizational and operational expenses of the Board for the calendar
year 1979. These such sums as may be necessary to support the operation
of the Board be included in the Annual Appropriations Acts.
Sec. 7. Per Diems. — The Chairman and Members of
the Board shall be entitled to receive a per diem of Two Hundred Fifty
Pesos (P250.00) each for every meeting actually attended by them:
Provided, That the total amount of per diems that any member may
receive shall not exceed One Thousand Pesos (P1,000.00) per month.
Sec. 8. Penalties. — The Board is hereby
authorized to prescribe appropriate penalties for violations of the
rules and regulations promulgated by it pursuant to this Order.
Sec. 9. Repealing Clause. — This Order repeals
Presidential Decree No. 1440 as well as all laws, orders, decrees or
rules inconsistent with any provisions hereof.
Sec. 10. Effectivity. — This Order shall take
effect immediately.
DONE in the City of Manila,
this 24th day of May, in the year of Our Lord, Nineteen Hundred and
Seventy-Nine.