CREATING THE WORLD TRADE ORGANIZATION ADVISORY AND ASEAN FREE TRADE ADVISORY COMMISSIONS, DEFINING ITS POWERS AND FUNCTIONS AND FOR OTHER PURPOSES

WHEREAS, on 15 April 1994, the Philippines
was one among 111 countries that signed the Uruguay Final Act at Marrakesh,
Morocco;

WHEREAS, pursuant to the terms of the
Uruguay Round Agreement which is expected to take effect on 1 January 1995, the
General Agreement on Tariff and Trade (GATT), shall then be known as the World
Trade Organization (WTO);

WHEREAS, in view of the far-reaching
effects of the Uruguay Round Agreement under the World Trade Organization, the
Government recognizes the need to create a WTO Advisory Commission;

WHEREAS, the President issued Executive
Order No. 38 (dated 27 November 1992) creating the ASEAN Free Trade Area
Advisory Commission to ensure that the principles of just, equitable and
sustainable development are incorporated in its studies and recommendations and
to define the roles played by each sector in the attainment of its objectives;

WHEREAS, in order to maximize the
efficiency of both multisectoral commissions, there is need to merge and
consolidate the AFTA Advisory Commission with the WTO Advisory Commission;

NOW, THEREFORE, I, FIDEL V. RAMOS,
President of the Republic of the Philippines, by virtue of the powers vested in
me by law and the Constitution, do hereby order:

SECTION 1. Creation of the WTO/AFTA
Advisory Commission. There is hereby created the WTO/AFTA Advisory
Commission (hereinafter referred to as the Commission), under the Office of the
President.

SEC. 2. Composition. The
Commission shall be composed of the following:

The members of the Commission may designate their
duly authorized representatives. Such designated representatives shall have
full powers to vote and act for, and in behalf of their principals, in any
action to be taken by the Commission unless their designation provides
otherwise.

The Commission, by a majority vote of all members,
may replace past members and invite additional members whenever the
circumstance so warrant.

SEC. 3. Powers and Functions. The
Commission shall have the following powers and functions:

a. To prepare and implement a plan of action to be
adopted by government and the private sector to comply with the Philippine
commitments to the Uruguay Round and the ASEAN Free Trade Agreements through
the following:

i. review and evaluation of existing laws and
policies in light of Philippine commitments to the Uruguay Round and the ASEAN
Free Trade Agreements;

ii. conduct of researches and studies on the issues
and implications to the Philippine economy of both the regional and global
agreements;

iii. recommendation of the amendment and/or
revision of existing laws and policies or the enactment of additional laws,
rules and regulations and policies when warranted; and

iv. identification of private sector initiatives
and technological innovations that will enhance our competitive advantages in
both the regional and global markets.

b. To conduct an education and information campaign
on the effects and implications of the Uruguay Round and ASEAN Free Trade
Agreements. For this purpose, the Commission may publish brochures, conduct
seminars and workshops and undertake the necessary measures to achieve the
widest dissemination of information relative to the commitments under the
Uruguay Round and ASEAN Free Trade Agreements;

c. To coordinate and enlist the assistance of any
branch, department, bureau, office, agency and instrumentality of the
government including government-owned and controlled corporations, as well as
representatives of the private sector relative to the ratification of the
Uruguay Round Agreement by the Senate and the legislation of new laws or
amendment of existing ones by both Houses of Congress;

d. To enhance collaboration and build consensus
among the various sectors that may be affected;

e. To create such sub-committees, task forces and
technical working groups as may be necessary to accomplish its functions; and

f. To adopt rules and guidelines to govern the
internal affairs of the Commission;

g. To perform such other powers and functions as
may be necessary to achieve the objectives of this Order.

SEC. 4. Meetings and Quorum. The
Commission shall meet at least once every month or as often as may be necessary
upon the call of the Chairman.

The Commission shall convene and hold its first
meeting within thirty (30) days from the promulgation of this Executive Order.

The presence of a majority of the members shall
constitute a quorum and the vote of a majority of said quorum shall be
sufficient for the approval of any action of the Commission.

SEC. 5. Secretariat. The
Commission shall establish a Secretariat to be headed by an Executive Director
with the rank equivalent to a Department Assistant Secretary, who shall be appointed
by the Chairman.

SEC. 6. Executive Committee. The
Commission shall establish an Executive Committee which shall exercise such
powers and functions as may be delegated by the Commission. It shall be
composed of the Chairman, the Co-Chairman and such members as may be designated
by the Chairman.

SEC. 7. Relationship with the Philippine
Council on ASEAN Cooperation-Cabinet. The Commission shall report and submit
studies, proposals and recommendations on all AFTA matters to the Philippine
Council on ASEAN Cooperation at the Cabinet level. It shall also be represented
at the PCAC-Cabinet and at the PCAC-Technical Board for ASEAN Economic
Cooperation.

SEC. 8. Funding. The initial
appropriations shall be drawn from the President’s Contingent Fund subject to the
approval of the President. Succeeding appropriations shall be incorporated in
the budget proposals of the Office of the President.

SEC. 9. Dissolution of the AFTA
Advisory Commission. The AFTA Advisory Commission is hereby dissolved and
all its functions, budget and personnel shall be absorbed by the Commission.
Provided, however, that the present structure, officials, and personnel of the
AFTA Advisory Commission shall be kept intact as much as possible.

SEC. 10. Separability Clause. The
provisions of this Order are hereby declared to be separable, and in the event
of any provision or part thereof is declared unconstitutional, the other
provisions or parts thereof which are not affected thereby shall remain in full
force and effect.

SEC. 11. Repealing Clause. The
provisions of Executive Order No. 38 (dated 27 November 1992) are hereby
modified and amended to conform to this Order. All other laws, orders,
issuances, rules and regulations or parts thereof, inconsistent with this Order
are hereby repealed or modified accordingly.

SEC. 12. Effectivity Clause. This
Order shall take effect immediately.

DONE, in the City of Manila, on this 2nd day of August
in the year of our Lord, nineteen hundred and ninety-four.

(Sgd.) FIDEL V. RAMOS
President of the Philippines

By the
President:

(Sgd.) TEOFISTO
T. GUINGONA, JR.
Executive Secretary

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