QuestionsQuestions (EXECUTIVE ORDER NO. 64)
EO 64 is issued by the President under the 1987 Constitution (notably the President’s control over executive departments and duty to ensure faithful execution of laws) and existing laws, including EO 64’s references to RA 11054 (Bangsamoro Organic Law).
The MBC is tasked to supervise, coordinate, and harmonize policies, programs, and activities on barter in Southern Philippines. It must facilitate an enabling environment; issue rules on trader registration/accreditation and documentary facilitation for ATIGA benefits; issue comprehensive guidelines on barter (valuation, allowable goods, anti-smuggling/circumvention); review government policies affecting barter and recommend to the President/Congress; and perform other assigned functions.
The MBC is attached to the Department of Trade and Industry (DTI) for policy and program coordination. This means DTI provides the policy/program framework for the council’s work and supports inter-agency alignment.
The MBC shall establish a principal office in Jolo, Sulu, as may be necessary and practicable.
DTI Secretary as Chairperson; Chairperson of Mindanao Development Authority (MinDA) and Commissioner of Bureau of Customs (BOC) as Vice-Chairpersons. Members include representatives (with Assistant Secretary rank or higher and full authorization to decide) from DOF, DFA, Department of Agriculture, DTI–ARMM (as stated), Maritime Industry Authority, Philippine Coast Guard, and Philippine Ports Authority.
Yes. EO 64 allows the MBC to call on or invite representatives from major Muslim ethno-linguistic groups such as Tausug, Maguindanaoan, Maranaw, Yakan, and Sama.
MinDA shall provide technical, administrative, and secretariat support to the MBC.
Barter Ports are to be established in Siasi and Jolo (Sulu) and Bongao (Tawi-Tawi). Creation of Barter Ports in other areas is subject to Presidential approval upon recommendation of the MBC.
Barter Ports shall only pertain to ports accredited by the MBC in the specified locations, and they exclude ports owned or operated by private individuals or entities.
The BOC and the Bureau of Internal Revenue (BIR) shall establish offices in Barter Ports for systematic and streamlined processing of entry and exit of allowable barter goods.
Barter goods must enter the Philippines only through accredited Barter Ports. EO 64 also excludes goods that enjoy tariff protections or quantitative restrictions (e.g., rice, corn, sugar) and goods requiring special import permits or subject to standards, which remain regulated by applicable laws, rules, and regulations.
Qualified traders may import/export only after securing required goods declaration or export declaration, clearances, licenses, and other requirements under existing laws. For imports, submission of requirements after arrival but before release from customs custody is governed by relevant laws, rules, and regulations.
No. EO 64 speaks of facilitating documentary requirements necessary for qualified traders to avail of zero-tariff benefits under ATIGA, but it also states that existing laws on countertrade, dumping protests, countervailing measures, safeguards, and other trade remedies remain fully in force. Also, goods under tariff protections/quantitative restrictions and goods requiring permits/standards remain regulated.
Section 6 clarifies that even within ATIGA’s framework and the barter system, trade defense mechanisms and related rules (dumping/countervailing/safeguards and similar remedies) remain enforceable, meaning barter does not waive these regulatory protections.
National and local tax laws apply to goods imported under EO 64 whose valuation exceeds the de minimis value of P10,000.00, or such threshold as the Secretary of Finance may adjust pursuant to RA 10863.
Operational funds come from sources to be determined by the Department of Budget and Management subject to government accounting/auditing rules, with appropriations in succeeding years included in DTI’s regular budget. Proceeds from registration fees accrue to the National Government general fund and are remitted monthly to the National Treasury.
The MBC performs its functions until the Bangsamoro Government is organized and an office on barter becomes fully operational, unless sooner dissolved by the President.
It states that if any provision is declared invalid, illegal, or unconstitutional, the remaining provisions continue in force.
Executive Order No. 427 (1990), Memorandum Order No. 160 (1993), Memorandum Order No. 304 (1995), and other inconsistent orders, rules, regulations, and related administrative issuances are repealed, amended, or modified accordingly.