Title
Amending guidelines on Car, Commercial Vehicle, and Motorcycle Development Programs
Law
Memorandum Order No. 346
Decision Date
Feb 26, 1996
A Philippine law amends guidelines on car, commercial vehicle, and motorcycle development programs to promote the growth of the automotive parts manufacturing industry, increase exports, and provide affordable passenger cars to the middle-income group.
A

Objectives of Car Development Program (CDP)

  • Primary goal: Develop a viable automotive parts manufacturing industry with economies of scale driven by exports.
  • Emphasis on assemblers' ability to offer affordable passenger cars to middle-income groups.

Definitions Related to CDP

  • SKDs (Semi-Knocked Down): Partially assembled imported parts/components, treated as CKDs for tariff if authorized.
  • CKDs (Completely Knocked Down): Disassembled parts/components for assembly, including sub-assemblies.
  • KD parts: Components excluded from CKD imports or warranty parts used for replacement.

Implementing Agency for CDP

  • Department of Trade and Industry (DTI) through Board of Investments (BOI) is responsible.
  • BOI may delegate tasks but must follow government rules.

Participants in CDP

  • Opens applications for Categories I, II, and III to Filipino and foreign-owned companies with qualifications.
  • New participants must have investment capability of US$10 million, assembly facility, and performance bond.

Coverage of CDP

  • Categorized by engine displacement: Category I (<=1200 cc), Category II (up to 2190 cc), Category III (above 2190 cc).
  • SKD imports restricted for participants selling domestically unless exporting significant percentages.
  • Includes future guidelines for electric and non-conventional cars.
  • Brand-new completely built-up (CBU) imports allowed following government rules.

Models and Variants

  • No limit on number of models/variants if registered with BOI.

Local Content Requirements

  • Max 40% local content for Categories I and II, with incentives for achieving 50%.
  • BOI encourages policies supporting local parts purchase.
  • Audits of local content to be conducted by designated Technical Review Committee.
  • Mandatory deletion list discontinued.
  • Local content requirement to be terminated by 2000 per GATT agreements.

Joint-Venture Projects

  • Foreign exchange concessions (10% NFEE) granted to new joint-venture assembly operations with at least 30% local equity for first 2 years.
  • Additional concessions for joint ventures between parts vendors and local manufacturers.

Pricing and Foreign Exchange Requirements

  • BOI monitors retail prices and may require documentation.
  • Foreign exchange earnings credits required to import CKDs, with varying ratios for different categories increasing up to 15-55% by 2000.
  • Certificates of Authority to Import issued by BOI.
  • Foreign content requirements to end in 2000 per GATT.

Commercial Vehicle Development Program (CVDP) Objectives

  • Supports rural development and transport affordability.
  • Encourages compliance with safety, roadworthiness, and emission standards.

Definitions and Participants in CVDP

  • Includes Asian Utility Vehicle (AUV) with local body parts or major components.
  • Accepts applications for Categories I-V from qualified entities with investment of US$8 million.
  • Informal sector integrated with specific BOI guidelines.
  • No presidential concurrence needed for participation.

Coverage and Models

  • Adds Category V for trucks over 18 tons and special-purpose vehicles.
  • Allows import of brand-new CBU trucks, buses, LCVs, and AUVs.
  • Unlimited models/variants if registered; price ceilings monitored.

CVDP Local Content

  • Categories I & II local content cap at 45%, with awards for 55% or higher.
  • Categories III, IV, and V must meet specified minima.
  • Mandatory deletion list discontinued.
  • Local content ends in 2000 per GATT.

CVDP Joint Ventures

  • Foreign exchange concessions similar to CDP for joint ventures with 30% local equity.

CVDP Pricing and Foreign Exchange

  • Foreign exchange ratios for Categories I & II rising to 15%, others at 5% by 2000.
  • BOI issues Certificates of Authority to Import and monitors earnings.
  • Foreign content requirements to end by 2000.

Motorcycle Development Program (MDP) Objectives

  • Supports rural development with affordable transportation alternatives.

Participants and Coverage

  • Accepts applications for Categories A and B with investment of US$2 million.
  • Allows brand-new motorcycle imports aligned with government policies.

MDP Models and Variants

  • No limitation on models/variants; must be registered; prices monitored.

MDP Local Content

  • Category A capped at 45%, Category B at 35%, with foreign exchange awards for 55% or above.
  • Audits coordinated by Technical Review Committee.
  • Local content phased out by 2000 per GATT.

MDP Joint Ventures and Foreign Exchange

  • 10% NFEE concessions for joint ventures with 30% local equity.
  • Foreign exchange ratios rising to 15% by 2000.
  • BOI issues import certificates and monitors compliance.

Consolidation and Oversight

  • Technical Review Committees for CDP, CVDP, MDP consolidated.
  • Committee to oversee compliance with safety and emission standards for used trucks/buses.

Funding and Operational Expenses

  • BOI may collect fees and grant honoraria related to assessments and technical reviews.

Government Procurement

  • Government units urged to prioritize locally assembled vehicles, especially in foreign-funded projects.
  • Department of Transportation encouraged to adopt locally produced taxis.

Penalties

  • BOI can impose fines for misrepresentation, fraud, or non-compliance.
  • Recovery of fraudulently earned foreign exchange awards possible.

Incentives and Awards

  • Additional credits/awards for high local value added, R&D, training, and foreign investments.
  • Special incentive packages for exporters meeting export thresholds.

Amendments, Separability and Repealing Clauses

  • BOI may recommend further amendments considering economic and industry conditions.
  • Provisions are separable if declared unconstitutional.
  • Inconsistent previous orders or rules repealed or modified accordingly.

Effectivity

  • Amendments take effect 15 days after publication in a newspaper of general circulation.

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