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LETTER OF INSTRUCTIONS
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LETTER OF INSTRUCTIONS NO. 942 |
Ministry of Trade
The Governor
Central Bank of the Philippines
The Chairman
Board of Investments
The Commissioner
Bureau of Internal Revenue
The Commissioner
Bureau of Customs
All Concerned
of Tax Credits and Duty Drawbacks
WHEREAS, for the purpose of accelerating the country's export promotion program, there is a need to extend assistance to enterprises whenever possible;
WHEREAS, there is a need to simplify export documentation and procedures to assist exporters;
WHEREAS, the facilitation of tax credit/duty drawbacks is extremely important to exporters;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines by virtue of the powers vested in me by the Constitution, do hereby order and direct:
1.
The Ministry of Trade and the commodity offices under it, in their
clearance requirements; The Central Bank, in providing foreign exchange
requirements for exports and financing; the Board of Investments, in
registering export producers, traders and service exporters; and the
Bureau of Customs, shall simplify their documentation requirements for
the purpose of assisting exporters.
2. All
commodity offices, including the Philippine Bureau of Standards, and
other offices, whether or not under the Ministry of Trade, issuing
commodity clearances are required to issue such clearances on a yearly
basis. The approved duration of the commodity clearances shall not in
any way prejudice the right of the commodity offices to make an
on-the-spot inspection of particular commodities during the year on
written directive of the head of the office, particularly when there
are reported quality problems.
3. The
required report of foreign sale (RFS) to the Central Bank for every
export sale made shall henceforth be a quarterly report for
non-traditional exports.
4. The Central
bank shall coordinate with the Bankers association of the Philippines
to further liberalize the marginal deposit requirements for exporters
opening letters of credit for the importation of their raw materials
and equipment.
5. Exporters
need not present BIR tax clearance before allowing them to Export.
6. Duty
drawback may be granted on the basis of standard costing instead of an
attempt to arrive at the "exact figures" to be allowed as drawback,
subject to such guidelines as the Board of Investments and the Bureau
of Customs may formulate.
7. Sales and
delivery of products to bonded warehouses of export-oriented
manufacturers and to export processing zone enterprises can be
considered as "export sales" and products "constructively" exported, so
that tax credit and duty drawback can be availed of immediately,
without awaiting for actual exportation of the finished products
abroad. For this purpose, the requirement that the exporter has in fact
"exported" shall include constructive "exportation" as above defined.
8. For
BOI-registered enterprises, the Central Bank release clearances on
imports prior to release of goods may be eliminated. In lieu thereof, a
report on such importation shall be made after the release of the goods
from Customs, subject to such requirements as the Central Bank and the
Board of Investments may impose.
9. For
BOI-registered enterprises, equipment on consignment may be accepted by
the registered firm for a period of more than one (1) year.
This Letter of Instructions shall take effect immediately.
DONE in the City of Manila, this 16th day of October, in the year of Our Lord, nineteen hundred and seventy-nine.
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