Title
Moratorium on New Duty-Free Stores in SEFZ
Law
Executive Order No. 419
Decision Date
Jun 16, 1997
A moratorium is imposed on the establishment of duty-free stores in the Subic and Clark Special Economic and Freeport Zones in the Philippines due to the negative impact on local manufacturing and retailing enterprises.

Questions (EXECUTIVE ORDER NO. 419)

Executive Order No. 419 is anchored on Republic Act No. 7227, which established the Subic Bay Freeport Zone and the Clark Special Economic Zone, and on the policy of duty- and tax-free incentives under Executive Order Nos. 80, 97, and 97-A.

It imposed a moratorium/suspension on the issuance of licenses/permits to operate new duty-free stores/outlets in the SEFZs of Subic and Clark, including proposals, opening of new stores/outlets, and expansion of existing duty-free stores/outlets.

Until such time as the control systems, as certified by the Bureau of Customs, have been established.

It covers both: all proposals for issuance of new permits, opening of new stores/outlets, and expansion of existing duty-free stores/outlets.

The Bureau of Customs.

The entry of duty-free goods through duty-free stores/outlets entering the domestic economy, allegedly causing adverse effects on local manufacturing and retailing enterprises.

It states that duty-free stores/outlets have proliferated and product lines have expanded, further broadening the entry of duty-free goods into the domestic economy.

All executive orders, letters of instruction, issuances, memoranda, and proclamations inconsistent with its provisions are repealed or amended accordingly.

If one or more provisions are declared unconstitutional, the invalidity of those parts does not affect the validity of the remaining provisions.

It takes effect immediately.

It applies to the SEFZs of Subic Bay Freeport Zone and Clark Special Economic Zone.

Issuance of new licenses/permits, opening of new duty-free stores/outlets, proposals for new permits, and expansion of existing duty-free stores/outlets.

To ensure regulatory oversight and compliance in controlling duty-free importation and operations, thereby preventing further adverse impacts on local industries.

It acknowledges that enterprises inside the SEFZs are granted duty- and tax-free incentives for specific imports, but it imposes a limitation (moratorium) on the expansion of duty-free outlets/stores to address adverse effects on the domestic economy.

Such expansion would be covered by the moratorium, meaning licenses/permits and related approvals for expansion are suspended unless and until the conditions for lifting the moratorium are met.

That the President is acting within delegated statutory authority—consistent with the referenced enabling law (R.A. 7227) and existing executive framework regarding SEZ incentives.


Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.