PRESIDENTIAL DECREE NO. 160, March 28, 1973
PROVIDING FOR A SYSTEM OF ESTABLISHING EXPORT INDUSTRY AUTHORITIES, DEFINING THE FUNCTIONS OF SUCH AUTHORITIES, AND FOR OTHER PURPOSES
virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines and
pursuant to Proclamation No. 1081, dated September 21, 1972 and General
Order No. 1, dated September 22, 1972, as amended, do hereby order and
decree, to be part of the laws of the land, the following:
SECTION 1. Declaration of Policy. — It is hereby
declared to be the policy of the State to enhance and encourage the
diversification and development of export industries, business and
trade, provide policy design as would create a wholesome sphere in their
operations, mobilize all resources in manner consistent with
rationalized free enterprise for the attainment and maintenance of a
favorable balance of trade and, to maximize the utilization of the
consequential benefits for the over-all national economic, social and
political development.
SEC. 2. Mode of Creating Export Industry Authorities.
— For the implementation of the policy set forth herein, export
industry authorities shall be established, upon recommendation of the
National Economic and Development Authority, hereinafter called the
‘NEDA,’ to regulate the operations of particular export industry or
industries. Such authorities shall come into existence upon approval by
the President. Unless the President prescribes the contrary, the
authorities shall be established along the organizational lines and with
the powers herein provided.
SEC. 3. Membership of the Authorities. — The
authorities to be established pursuant to this Decree shall be composed
of the Chairman of the Board of Investments, Secretary of the Department
of Trade and Tourism, and the Governor of the Central Bank as permanent
members and two (2) other members who shall come from other government
offices concerned with the industry or industries to be regulated as
recommended by the NEDA. The authority shall have a Chairman to be
designated by the President from among the said five (5) members.
SEC. 4. Term of the Authorities. — The authorities
to be established under the provisions of this Decree shall have a term
of three (3) years from its organization unless otherwise earlier
abolished or extended at the instance of the NEDA.
SEC. 5. The Secretariat. — Upon organization of the
desired authority, the Office or agency represented by the Chairman
designated by the President shall provide the core Secretariat. Such
technical assistance as would be required by the Chairman may be
requested from other government offices or agencies which are hereby
directed to provide the same as and when necessary.
SEC. 6. Powers and Functions of the Authorities. —
The powers, functions, duties and responsibilities of the different
authorities authorized to be established under this Decree shall include
the following:
- Regulate all exports, business or trade involving exports
of goods or products as may be specified by the NEDA; - Ascertain from actual and potential producers,
manufacturers and traders of such specified export products the types of
problems that impede their program of export development and expansion; - Determine ways and means to rationalize the
production and marketing operations of the exports of the specified
products in order to facilitate effective and competitive marketing of
said products in the overseas markets; - Coordinate government efforts to solve problems and
obstacles faced by the producers, manufacturers and traders of the
specified products; - Negotiate and enter into contracts or agreements with local
or foreign entities, private or public, as would enhance and protect
the exports of such products; - Establish and maintain such facilities and
services, in such areas wherever necessary, for the promotion
and development of the export of said products; - Make arrangements with public or private sectors to provide
for logistical supports in meeting and fulfilling export commitments; - Establish a scheme among producers, manufacturers, and
exporters as would coordinate their efforts and avoid wastes, insure
equitable distribution of benefits and their corresponding burden and
responsibilities, with the end in view of developing and maintaining
an operation of economies of scale; - Take steps as to afford the producers, manufacturers and
traders such incentive and/or assistance from any source; - Promulgate such rules and regulations as are
necessary for the effective implementation of this Decree; - Establish and enforce a system of business discipline as
will insure effective compliance with the rules and regulations insured
by the authority; and - Do such other acts as may be necessary to attain the
objectives declared in this Decree.
All government offices and agencies performing functions relative
to exports shall coordinate and abide by the applicable orders, rules
and regulations issued by the authorities organized pursuant to this
Decree.
SEC. 7. Delegation of Powers. — The export
industry authorities herein authorized to be established may delegate
such powers granted herein to such association or organization of the
particular industry or industries for which the authority was created.
SEC. 8. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila, this 28th day of March, in the
year of Our Lord, nineteen hundred and seventy-three.
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(Sgd.) FERDINAND E. MARCOS
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President
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Republic of the Philippines
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| By the President: | |||
| (Sgd.) ALEJANDRO MELCHOR | |||
| Executive Secretary | |||