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LETTER OF INSTRUCTIONS
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LETTER OF INSTRUCTIONS NO. 1183 -
FOREIGN TRADE SERVICE RULES AND REGULATIONS TO IMPLEMENT EXECUTIVE
ORDER 540, AS AMENDED PROFESSIONALIZING THE FOREIGN TRADE SERVICE
CORPS. |
WHEREAS, Executive Order 540 has
been promulgated, creating a Foreign Trade Service Corps in the
Ministry of Trade and Industry to develop and promote the expansion of
Philippine exports in the world market and to attract foreign
investments to the Philippines; WHEREAS, Executive Order 540 envisions the upgrading and the professionalization of the present Corps of Commercial Attaches; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, do hereby issue the following rules and regulations to implement the provisions of Executive Order 540, as amended. RULE
I: DEFINITIONS OF TERMS When used herein the term: (a)
"Ministry" shall mean the Ministry of trade and Industry of the
Republic of the Philippines; RULE
II: OBJECTIVES OF THE FOREIGN TRADE SERVICE CORPS SECTION 1. Objectives. — It shall be the responsibility of the Corps to pursue the following objectives: (a)
To develop and promote the growth of Philippine exports in the world
market; RULE
III: COMPOSITION OF THE CORPS; DUTIES AND FUNCTIONS OF MEMBERS THEREOF SECTION 1. Composition of Corps. — The Corps shall be composed of the following categories of personnel: CLASS DESIGNATION GRADE I Special Trade Representative II Trade Service Officer 1, 2, 3, 4 III Trade Service Staff Officer 1, 2, 3 Sec. 2. Duties and Functions of Special Trade
Representative (a)
Supervise the commercial offices under his jurisdiction and coordinate
their programs and activities; Sec. 3. Duties and functions of Trade Service Officer (a)
Explore and develop the potentials of Philippine products in his area
of assignment; Sec. 4. Duties and Functions of Trade Service Staff Officer (a)
Provide general assistance to the head of the commercial office; 1)
Monitor and analyze trends of trade between the Philippines and his
area of assignment; RULE
IV: CONSTITUTION OF A FOREIGN TRADE SERVICE COMMITTEE SECTION 1. Foreign Trade Service Committee. — The Minister shall constitute a Foreign Trade Service Committee to assist him in the administration, personnel management and career development of members of the corps. Sec. 2. Members of the Committee. — The members of
the Foreign Trade Service Committee shall be the following: all Deputy
Ministers of the Ministry, the Vice-Chairman of the Board of
Investments and the Director of the Bureau of Foreign Trade. The
Minister shall designate a Chairman from among the members of the
Committee. RULE
V: SALARIES AND COMPENSATION SECTION 1. Salary and Compensation Scheme. — The salary and compensation scheme for the Foreign Trade Service Corps shall be equivalent to the rates fixed for Foreign Service personnel under P.D. 905 as amended by P.D. 1285, Letters of Implementation 63 and 100, and such other orders and rules applicable to the Foreign Service, provided, that the assimilated ranks of the members of the Corps shall be as follows:
Designation
Assimilated Ranks Provided, further, that the assimilated rank of Special Trade Representatives and Trade Service Officers shall confer upon them the corresponding diplomatic rank for purposes of protocol. Special Trade Representative and Trade Service Officers shall rank after the Foreign Service Officer of the same rank in the post, provided that no member of the Corps serve as Charge d' Affaires of an Embassy or act as principal officer of any consular establishment. RULE
VI: ADMISSION TO THE CORPS SECTION 1. Admission to the Corps. — No person shall be admitted to the Corps unless he possesses the required qualifications specified herein and has passed the Foreign Trade Service examination. Sec. 2. Qualifications for Admissions to the
Corps. — Any person possessing the following qualifications is eligible
for admission to the Foreign Trade Service Corps: (a)
A citizen of the Philippines of good moral character who is not less
than 25 nor more than 35 years of age for Trade Service Officer and not
less than 21 nor more than 30 years of age for Trade Service Staff
Officer, except those who may otherwise qualify under existing Civil
Service rules and regulations; Sec. 3. Admission of Incumbent Commercial Attaches and Foreign Trade Analysts. — In accordance with Executive Order 540, Commercial Attaches and Foreign Trade Analysts holding permanent appointments at the time of the approval of said Executive Order shall be properly screened and classified by the Foreign Trade Service Committee for the recommendation to the Minister, according to the ranks prescribed under said Executive Order. In the case of Special Trade Representatives and Trade Service Officers, the Minister shall submit his recommendations to the President for decision. The classification of incumbent Attaches and Analysts according to ranks shall be based on their qualifications, records of performance, length of service, potential, attitude, personality, physical fitness, and such other criteria as the Foreign Trade Service Committee may deem appropriate; provided, however, that incumbent Attaches and Analysts shall not suffer any demotion in rank nor diminution of salary and allowances. Sec. 4. Foreign Trade Service Examination. — The
Ministry, in coordination with the Civil Service Commission, shall
conduct separate examinations for Trade Service Officers and Trade
Service Staff Officers in accordance with the following guidelines: (a)
The holding of written examinations shall be announced four (4) months
before the examinations are given; RULE
VII: ESTABLISHMENT OF COMMERCIAL POSTS SECTION 1. Opening of Commercial Posts Abroad. — The Minister shall determine the number and location of commercial posts abroad. Upon the request of the Minister, the Ministry of Foreign Affairs shall facilitate the formal establishment of commercial posts. Sec. 2. Location of Commercial Offices. — Generally, commercial offices shall be strategically located in commercial centers and, as much as possible, within the premises of Philippine foreign service establishments. Sec. 3. Staffing. — The Minister shall designate the head of each commercial post and determine the staffing requirements thereof. Sec. 4. Locally Hired Employees. — The Minister
may authorize the head of a commercial post to hire local employees
depending on the need therefor. The Chief of Mission of Principal
Officer concerned shall be duly informed of said
employment. RULE
VIII: APPOINTMENTS SECTION 1. Appointments of Special Trade Representatives and Trade Service Officers. — The President shall appoint Special Trade Representatives and Trade Service Officers, upon the recommendation of the Minister. Sec. 2. Appointments of Trade Service Staff Officers. — The Minister shall appoint Trade Service Staff Officers. Sec. 3. Ranks at which Officers may be appointed.
— Any person who qualifies for the first time for vice Staff Officer
shall be appointed to the lowest grade of the class to which he is
appointed. RULE
IX: PROMOTIONS SECTION 1. Promotions of Members of the Corps. — In accordance with Executive Order 540, promotions to positions of Special Trade Representative and Trade Service Officer shall be made by the President upon the recommendation of the Minister, who shall act upon the recommendations of the Foreign Trade Service Committee. Promotions to positions of Trade Service Staff Officers shall be made by the Minister, upon the recommendation of the Foreign Trade Service Committee. Promotions shall be based on merit, performance, length of service and such other criteria as may be prescribed by the Minister. Sec. 2. Promotions to Next Higher Grade Within the Same Class. — A Trade Service Officer or Trade Service Staff Officer may be promoted to the next higher grade within the same class provided he has continuously obtained a performance rating of at least "satisfactory" in the position he is holding for a minimum period of three 3 years, unless recommended for earlier promotion by the Foreign Trade Service Committee in exceptional cases. Sec. 3. Promotions to the Next Higher Class. — A
Trade Service Staff Officer (Class III), irrespective of grade, who
passes for examination for Trade Service Officer is qualified for
promotional appointment to the position of Trade Service Officer IV
(Class II), the requirements prescribed under Sec. 2 of this Rule
notwithstanding. RULE
X: ASSIGNMENTS SECTION 1. Assignment Abroad. — The Minister shall determine the assignment abroad of members of the Corps. He may assign as many members of the Corps to a commercial post as may be required by the peculiar needs of the post on the basis of area coverage, volume of trade, extent of programmed activities, presence of international trade organizations, sources of export financing and foreign investments, center for technology transfer, and other considerations. Upon the request of the Minister, the Ministry of Foreign Affairs shall facilitate the accreditation of members of the Corps to the host government and shall confer upon them the appropriate designation as determined by the Minister in each particular case to enable them to perform their duties and functions effectively. Special Trade Representatives and Trade Service Officers shall be issued diplomatic passports in all cases where foreign service officers of similar rank are afforded the same treatment. Sec. 2. User of Titles "Senior Commercial Attache", "Commercial Attache" and Assistant Commercial Attache". — Any member of the Corps may be designated by the Minister and allowed to use the titles "Senior Commercial Attache", "Commercial Attache" and "Assistant Commercial Attache." In general, the most senior ranking members of the Corps in a commercial post will be designated Senior Commercial Attache and the other members of the Corps in the post as Commercial Attaches or Assistant Commercial Attaches, as may be appropriate. Sec. 3. Personal Consideration for Assignment. — In the selection of members of the Corps for assignment to a particular post, the Minister shall consider their expertise, competence, experience and training, special skills and other personal circumstances such as personality, attitude, size of family, educational requirements of dependents, religion and age. Sec. 4. Training and Orientation Prior to Assignment. — Newly appointed members of the Corps shall undergo training and orientation in the Ministry for at least one (1) year before they may be assigned abroad. Sec. 5. Turnover of Commercial Office. — Any member of the Corps assigned to a new post must arrive thereat at least thirty (30) days prior to the departure of his predecessor for purposes of briefing and smooth turnover of the commercial office. Sec. 6. Home Consultation or Detail. — The minister may call any member of the Corps for home consultation or detail in the Ministry as the exigencies of the service may require. The member concerned, while on home consultation or detail, shall be entitled to reimbursement of actual and necessary expenses for the duration of his stay in the country, subject to the usual accounting and auditing rules and regulations. Sec. 7. Home Assignment. — Members of the Corps
may also be assigned by the Minister, between foreign postings, to any
bureau or office within the Ministry and agencies attached to it, while
on home assignment. Sec. 8. Administrative and Financial Arrangement
Relative to Personnel Movements. — All administrative and financial
arrangements needed to effect the movements of members of the Corps
including their legal dependents shall be completed at least sixty (60)
days before their scheduled departure by the responsible unit or units
of the Ministry. (a)
Immediate recall or transfer of a member of the Corps arising out of an
administrative or criminal complaint; Sec. 9. Tour of Duty. — In general, the tour of duty of members of the Corps shall be for a period of not less than two (2) years in any commercial post, provided that any member may be recalled for home assignment after having served continuously abroad for not less than (8) years. The Minister, however, has discretion to make exception to the above general rule depending on the exigencies of the service. RULE
XI: SUPERVISION AND CONTROL SECTION 1. Supervision and Control Over Members of the Corps. — The Minister shall exercise direct supervision and control over members of the Corps. Sec. 2. Supervision and Control Over Members of the Staff. — The head of a commercial post designated as such by the Minister shall have supervision and control over members of his staff, including locally hired employees. Sec. 3. Relations with Chiefs of Mission and
Principal Officers. — Members of the Corps and/or their staff shall be
under the administrative supervision of the Chief of Mission or
Principal Officer of the foreign service establishment to which they
are attached. Accordingly, they shall observe proper office decorum and
social behaviour, inform their respective Chief of Mission or Principal
Officer of all important matters related to their official activities,
cooperate with them in projecting unity and a wholesome image of the
Philippines, and assist the Chief of Mission or Principal Officer on
other official matters. Sec. 4. Discipline. — The Minister, at his own
initiative or upon the recommendation of the Chief of Mission or
Principal Officer concerned, shall investigate complaints and
grievances against any member of the Corps and for cause institute
appropriate disciplinary action in accordance with Civil Service rules
and regulations. RULE
XII: PERFORMANCE APPRAISAL SECTION 1. Performance Evaluation. — The performance of members of the Corps shall be evaluated once every calendar year by their respective supervisors. The performance evaluation report shall be submitted to the Minister not later than sixty (60) days after the preceding calendar year. Copies thereof shall be furnished the Chief of Mission or Principal Officer, the Director of the Bureau of Foreign Trade and the Administrative Service Chief of the Ministry. Sec. 2. Annual Work Program. — The heads of regional commercial offices and commercial posts abroad shall submit an Annual Work Program for their respective areas of jurisdiction for approval by the Minister. The program shall be submitted not later than June 30 before the next calendar year and shall include projects/activities, time frame, budget, strategies, problems and recommendations. Sec. 3. Submission of Reports. — A semi-annual report on the progress of the projects/activities targeted in the work program for the calendar year including other accomplishments shall be submitted to the Minister at the end of every six (6) months. The Chief of Mission or Principal Officer concerned and the Director of the Bureau of Foreign Trade must be furnished a copy of the report. Special reports on significant developments in the market area affecting the Philippines shall be submitted immediately. Sec. 4. Evaluation of Reports. — The Ministry
shall evaluate all reports for consideration in the formulation of
policies, plans and programs. RULE
XIII: CAREER DEVELOPMENT SECTION 1. Careerism and Professionalism in the Corps. — Professionalism, "Esprit de Corps" and strict observance of ethical standards of conduct and behaviour among members of the Corps shall be encouraged. Continuing efforts for professional growth through in-service training, seminars, workshops, scholarships and self-development programs shall be given Ministry support. Sec. 2. The Foreign Trade Service Development Program. — A Foreign Trade Service Development Program shall be developed and conducted by the Ministry to provide adequate training for members of the Corps. Language training shall form part of the development program. Sec. 3. Scholarship Program. — There shall be an appropriate scholarship program for deserving members of the Corps which may be availed of in the place of assignment or in any other place, subject to the approval of the Minister. Sec. 4. Self-Development Program. — Members of the Corps are encouraged to pursue self-development activities such as undertaking graduate studies in their places of assignment, provided that the same will be unduly interfere with their regular duties. Sec. 5. Conferences, Seminars, Conventions. — Members of the Corps may attend important trade conferences, seminars and conventions in their places of assignment upon prior authorization of the Minister which shall be considered part of the training efforts to improve the Corps. Sec. 6. Home Assignment Re-Orientation. — While on
home assignment members of the Corps shall undergo re-orientation
programs of the Ministry to keep them abreast of current developments
in the country. RULE
XIV: GENERAL PROVISIONS - SECTION 1. Supplementary Rules and Regulations. — The Minister is authorized to issue supplementary rules and regulations for the effective implementation of Executive Order 540. Sec. 2. Effectivity. — These implementing rules
and regulations shall take effect immediately. chanrobles virtual law library Back to Main Since 19.07.98.
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