Title
Regulation of Copper Export Shipments
Law
Letter Of Instructions No. 1387
Decision Date
Feb 21, 1984
In order to ensure a steady supply of copper concentrates for a major industrial project, all copper exporters in the Philippines must obtain prior clearance from the Ministry of Trade and Industry, as mandated by Letter of Instructions No. 1387.

Questions (LETTER OF INSTRUCTIONS No. 1387)

It seeks to serve the national interest by monitoring copper export shipments and ensuring they do not hamper a continuous and sufficient supply of copper concentrates to PASAR, a major government-identified industrial project.

The Ministry of Trade and Industry (MTI) is instructed to require all copper exporters to obtain prior MTI clearance before making any copper export shipments.

MTI clearance shall be given only when the proposed export shipment does not adversely affect the supply and delivery of copper concentrates to PASAR.

The Central Bank shall require the MTI clearance as a condition for the issuance of an export clearance to the copper concentrate exporters.

It requires MTI clearance as a prerequisite to export shipments and makes that clearance a mandatory condition for the Central Bank’s issuance of export clearance, thereby linking trade regulation to banking/export clearance controls.

MTI is directed to issue the necessary rules and regulations to implement the instructions.

It addresses copper exporters broadly by requiring prior MTI clearance for any copper export shipments, while it specifically references the Central Bank requirement of MTI clearance as a condition for export clearance to copper concentrate exporters.

Philippine copper mining companies that agreed under marketing agreements with PASAR to supply the copper concentrate requirements of PASAR.

PASAR is the copper smelter project undertaken by Philippine Associated Smelting and Refining Corporation, identified as a major industrial project; the LOI ensures copper concentrate exports do not disrupt its continuous supply.

That copper export shipments should not hamper the sufficient and continuous supply of copper concentrates to PASAR.

A proposed export shipment that would adversely affect the supply and delivery of copper concentrates to PASAR.

It took effect immediately.

Students should consider that such presidential issuances are executive regulations/orders that direct specific agencies, but they must still be implemented through rules and must align with existing law and constitutional limits (e.g., due process and administrative validity).

The Ministry of Trade and Industry (MTI).

By requiring prior clearance for exports and conditioning export clearance issuance on compliance with that prior clearance, it uses administrative authorization to steer supply flows toward a priority national industrial project.


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