MEMORANDUM CIRCULAR NO. 1280
MEMORANDUM CIRCULAR NO. 1280 -
PROVIDING THE INTERNAL PROCEDURE AND/OR GUIDELINES FOR THE OFFICE OF
THE PRESIDENT IN GRANTING EXEMPTION FROM THE BAN ON EXPORTATION OF
AIRCRAFT OR PARTS THEREOF
Pursuant to Rule VI of the Revised Rules
and Regulations to implement Presidential Decree No. 930 dated 13 May
1976, which provides that exports of certain commodities which are
considered controlled, prohibited or banned from exportation would
require exemption from specialized government commodity
offices/agencies, the following guidelines for securing Presidential
exemption prior to exportation of aircraft or parts thereof, with or
without dollar proceeds, are hereby adopted:
(1)
Request for exemption therefrom should be addressed to the Office of
the President through the Presidential Management Staff
(PMS).
(2) A
provisional exemption shall be given by PMS upon
presentation/specification of the following by the exporter:
a)
Favorable indorsement thereof by the Bureau of Air Transportation;
b) Nature of
transaction — whether it is a stock-in-trade exportation,
re-exportation, ship out for repairs, maintenance and overhaul, among
others, with or without dollar proceeds;
c) Particulars
of aircraft or parts thereof to be
exported/re-exported/overhauled/repaired:
1.
classification/type
2. number
3.
specifications
4.
registration number
5. import
value, if applicable
(3) The
final/absolute exemption shall subsequently be granted upon submission
of the hereunder additional requirements:
A.
For stock-in-trade exportations with. dollar proceeds:
1.
Proof of L/C opening;
2. Bill of
exchange — whether through bank drafts or telegraphic transfer;
3. Approved
export declaration or file copy thereof; and
4. Proof of
inward remittance of dollars.
B. For the
exportation of aircraft or parts thereof without dollar proceeds:
1.
Nature of transaction;
2. Country of
destination;
3. Amount of
dollar involved and source thereof;
4. Copy of
agreement between contracting parties;
5. Proof of
ownership — either Deed of Sale or Registration papers;
6. Original
import/shipping documents;
7. Appropriate
service bulletin, if applicable, and
8. Surety bond
or file copy thereof.
(4) In case of
exportation with dollar proceeds, failure to submit the proof of inward
remittance of dollars shall render the exemption null and void. This
shall make the such exportation illegal and thus, the exporter liable
for said offense.
(5) Unless
otherwise provided by law, the exportation of aircraft or parts thereof
for repairs, maintenance and overhaul shall be exempt from the ban
subject, however, to the issuance of a permit to export by the
Presidential Management Staff. This permit shall be issued only upon
presentation of appropriate documents specified in Item 3B.
(6) The
Executive Director of the Presidential Management Staff or his
representative reserves the right to physically inspect and/or
appraise, if necessary, subject commodities as well as to assess the
conditions for which the control, prohibition and/or banning from
exportation of aircrafts or parts thereof have been
imposed.
Strict observance hereof is enjoined.
Manila, Philippines, 18th March, 1985.
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