Geographical Limitations on Duty Free Shop Operations
- Duty free shops may operate only within international ports of entry and fenced-in areas of freeport zones.
- Other locations are excluded unless specified under subsequent provisions.
Temporary Special Shopping Privileges During 1998 Centennial Celebrations
- Between the effectivity of this Order and December 31, 1998:
- Permanent residents, locators, and employees within the fenced-in areas of Subic and Clark Zones enjoy unlimited duty free purchases for consumption within these areas.
- Residents of municipalities adjacent to Subic and Clark receive a monthly shopping limit of US$100.
- Domestic tourists visiting Subic and Clark zones are granted a US$25 shopping privilege for consumable goods, only for use within the fenced-in areas during their visit.
Duty Free Shopping Eligibility and Purchase Limits Effective January 1, 1999
- Only the following persons may shop duty free with specified limits:
- Tourists and Filipinos traveling abroad or returning: US$1,000 limit per purchase, not exceeding US$10,000 annually.
- Overseas Filipino Workers (OFWs) and Balikbayans: US$2,000 limit.
- Residents 18 years or older of fenced-in freeport areas: unlimited purchases for consumption within freeports.
- Definitions clarify that "residents" exclude short- or long-term property lessees, outside business operators, and private club members within the freeports.
- Revocation of privileges like unlimited shopping or tax-free car importation for others is mandated.
Permissible Items for Sale in Duty Free Stores
- Permitted goods include consumables, light and heavy durables, and television sets not manufactured locally.
- Imported heavy durables can only be sold to balikbayans, OFWs, and freeport residents, subject to proof of eligibility (passport, employment certificates, contracts, etc.).
- Prohibited heavy durables for tourists and Filipinos include:
- Locally manufactured TVs
- Karaoke/videoke units without laser disk/CD
- Stereos, residential ovens, washing machines <10kg
- Furniture, kitchenware, refrigerators <15 cu. ft., electric fans, air conditioners
- Basic and prime commodities under the price watch list
- Encouragement for sale of locally manufactured goods subject to Department of Finance regulations.
- Ban on selling sensitive agricultural products like rice, sugar, corn, flour, coffee, garlic, and other critical products.
Prohibition on Pull-Out and Resale of Duty Free Goods Outside Freeport Areas
- Selling or removing duty free goods from freeports into customs territories is prohibited even after tax payment.
- Duty free goods must be sold only within authorized duty free shops.
Pre-Shipment Inspection Requirement
- Goods introduced into freeports must undergo pre-shipment inspection by an authorized organization starting 30 days after this Order’s effectivity.
- Inspection fees are paid by importers.
- Before this implementation, Customs Commissioner may inspect shipments to verify correctness of declarations.
Enforcement and Control Measures to Prevent Duty Free Privilege Abuse
- Bureau of Customs, zone authorities, and other agencies must enforce strict control measures including:
- Permanent labels on duty free items stating "Not for resale, imported duty free".
- Thorough background checks on duty free shop operators.
- Computerized accounting systems to monitor duty free operations.
- Creation of internal audit teams for regular spot checks.
Administrative Sanctions for Violations
- Breach of provisions results in administrative sanctions such as suspension or cancellation of duty free shop operations.
- Implementing rules to be prepared by the Department of Finance.
Separability Clause
- If any provision is declared illegal or unconstitutional, the rest shall remain effective.
Amendment of Inconsistent Issuances
- This Order repeals or modifies conflicting executive orders, memoranda, and proclamations.
Immediate Effectivity
- The Order takes effect immediately upon issuance on September 26, 1997.