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LETTER OF INSTRUCTIONS
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LETTER OF INSTRUCTIONS NO. 444 -
PROMULGATING GUIDELINES ON TRADE WITH SOCIALIST AND OTHER
CENTRALLY-PLANNED ECONOMY COUNTRIES |
The Secretary of Industry
The Secretary of Foreign Affairs
The Secretary of Planning
The Secretary of Agriculture
The Secretary of Natural Resources
The Chairman, Board of Investments
The Governor, Central Bank of the Philippines
The Chairman, Philippine National Oil Company
The Chairman, Philippine Coconut Authority
The Chairman, Philippine Export Council
The President International Trading Corporation
The President, Philippine Exchange Company
The Administrator, National Grains Authority
The Administrator, Fertilizer Industry Authority
The Administrator, Cement Industry Authority
The President, National Steel Corporation
All other agencies concerned.
WHEREAS, it is in the national interest to develop and strengthen economic and commercial relations with all countries, including Socialist and other centrally-planned economy countries;
WHEREAS, for an effective and systematic implementation of trade agreements as well as ad hoc trade arrangements with Socialist countries and other centrally-planned economy countries, variations in the institutional mechanism of trade necessitate the adoption of certain guidelines;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby promulgate the following guidelines;
I.
COMMODITY PATTERNS
1.
The import and export of goods between the
Philippines and any of the Socialist and other centrally-planned
economy countries shall be in accordance with the laws and rules in
force in the respective countries applicable to the import and export
of the commodity involved.
2. For export
of goods to the aforesaid countries,
particular emphasis shall be placed on export products listed in the
trade and/or economic agreement with the importing country, if any, as
well as those listed in the Export Priorities Plan of the Board of
Investments, and export products of enterprises within the export
processing zones and industrial estates established by the government.
3. For
importation of goods from the aforesaid
countries, priority shall be given to commodities which are required in
government-funded or sponsored projects, particularly in agriculture
and health; and raw materials and machinery and equipment not locally
available in sufficient quantities, of comparable quality and at
competitive prices, needed by preferred industries declared by the
government, such as those listed in the Investment Priorities Plan,
Export Priorities Plan (List B), Public Utilities Priorities Plan and
the Tourism Priorities Plan, and by industries operating within the
Export Processing Zone and Phividec industrial estate and other similar
establishments that may be organized by the government.
4. No
importation of raw materials, machinery and
equipment shall be allowed in industries indicated in the Overcrowded
Industries List of the Investment Coordinating Committee, as well as
items the importation of which is prohibited.
II.
CHANNELS OF TRADE
1. The trade,
direct or indirect, between the
Philippines and any of the Socialist and other centrally-planned
economy countries shall upon issuance hereof, be undertaken by or
coursed through the Philippine International Trading Corporation. This
shall apply to the export and import of all commodities or products
including those specified for export or import by expressly authorized
government agencies.
2. Inspection
of commodities imported into and
exported from the Philippines and these countries shall be conducted in
accordance with the agreement of the parties or follow the normal
procedures, i.e., through an independent international superintendent
or surveyor acceptable to both parties.
3. Trade
communication shall be free and exchanges of
legitimate trade missions and traders between the Philippines and
Socialist and other centrally-planned economy countries shall be
allowed, subject to any proper condition which the Department of
Foreign Affairs may impose, and to the guidelines established by the
Department of Trade in coordination with the Philippine Export Council.
4. The
Philippine International Trading Corporation
shall participate in all official trade and economic discussions
between the Philippines and Socialist and other centrally-planned
economy countries.
5. In the
event of disputes in any commercial
transaction between parties from the Philippine and Socialist and other
centrally-planned economy countries, the same shall be settled in
accordance with the provisions of the contract between the parties, or
the trade or economic agreement entered into between the Philippines
and the country of the other party, if any, or with any other form of
settlement mutually acceptable to both parties.
III.
PAYMENT ARRANGEMENTS
1. Payments
shall be effected through prescribed
instruments acceptable to the Central Bank of the Philippines and those
of the Socialist and other centrally-planned economy countries
concerned, in accordance with their respective foreign exchange
regulations, and shall be in convertible currencies acceptable to the
Central Bank of the Philippines.
2. Payments
through clearing arrangements providing
for swing credits with the balance to be settled in convertible
currencies may be adopted on a case-to-case basis mutually acceptable
to the competent authorities of both Governments. Nothing herein shall
preclude the parties from entering into any other payment arrangements,
subject to the approval of the monetary authorities of both
Governments.
3. The
establishment of normal banking correspondent
relations between Philippine banking institutions and the banking
institutions of Socialist and other centrally-planned economy countries
shall be allowed.
IV.
MONITORING
The Philippine International Trading Corporation shall submit to the Department of Trade monthly reports of all trade transactions with said countries which reports shall be monitored by the said Department and considered in its evaluation and assessment of the over-all trade position of the country. For this purpose, the Philippine International Trading Corporation shall make arrangements with the Central Bank of the Philippines and the Bureau of Customs for the consolidation of reports on actual exports to and imports from Socialist and other centrally-planned economy countries, including transshipment of exports to such countries.
V.
SPECIAL PROVISIONS
The Philippine International Trading Corporation shall adopt such measures and issue such rules and regulations as may be necessary for the effective discharge of its functions under these instructions. In this connection, the processing and approval of applications for export to or import from the Socialist and other centrally-planned economy countries shall, henceforth, be performed by the said Corporation.
Existing policy guidelines on trade with Socialist countries and other centrally-planned economy countries set forth in Executive Order No. 384 and such other policy guidelines and procedures inconsistent with the above instructions are hereby superseded.
Done in the City of Manila, this 9th day of August, in the year of Our Lord, nineteen hundred and seventy-six.
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Since 19.07.98.