Title
Mariveles as Port of Entry and Foreign Trade Zone Act
Law
Republic Act No. 5490
Decision Date
Jun 21, 1969
Republic Act No. 5490 designates Mariveles, Bataan as a principal port of entry and establishes a foreign trade zone to stimulate foreign commerce, expedite industrialization, and ensure economic security in the Philippines.

Law Summary

Establishment of Mariveles as a Principal Port of Entry and Foreign Trade Zone

  • Mariveles, Bataan, is designated as a principal port of entry by amending the Tariff and Customs Code.
  • A foreign trade zone (FTZ) is established within the Mariveles Port.
  • Foreign and domestic goods, except those prohibited by law, may enter the FTZ without being subject to customs and internal revenue laws, with exceptions outlined in the Act.
  • Goods in the zone may be stored, sold, exhibited, repacked, assembled, manufactured (subject to conditions), exported, destroyed, or sent to customs territory.
  • Foreign merchandise sent from the FTZ to customs territory is subject to import laws.
  • Duties and taxes are appraised and liquidated on foreign goods entering customs territory, with allowances for waste.
  • Articles of Philippine origin with paid internal revenue taxes may enter the FTZ from customs territory free of additional duties and taxes if identity is maintained.
  • Articles imported from the FTZ to customs territory are treated under import laws similar to foreign-made articles unless exclusively manufactured with domestic materials maintaining their identity.

Creation and Composition of the Foreign Trade Zone Authority

  • The FTZ Authority is created, comprising a Chairman and four members appointed by the President with the Commission on Appointments' consent.
  • Terms are six years, staggered for first appointees; members serve until successors qualify.
  • Qualifications include Philippine citizenship, good moral character, integrity, and recognized competence in customs administration, taxation, economics, commerce, or industry.
  • Salaries are specified for the Chairman and members.

Powers and Duties of the Foreign Trade Zone Authority

  • Delimit and manage the FTZ, ensuring government ownership and clear boundaries.
  • Regulate enterprises to avoid adverse effects on domestic industries.
  • Operate the FTZ as a public utility with fair and reasonable rates and non-discriminatory access.
  • Manage operations, maintenance, and necessary facilities.
  • Grant permits for construction and use within the zone, subject to government regulation and public interest.
  • Control expenditures from net income and annual appropriations.
  • Issue rules and regulations consistent with the Act.
  • Appoint and remove officers and employees.
  • Exercise all powers necessary to fulfill its purpose.

Customs Officers and Revenue Protection

  • The Secretary of Finance will assign customs officers and guards to the FTZ to protect revenue and control merchandise admission.

Vessel Regulations

  • Vessels entering or leaving the FTZ are subject to Philippine laws except where the Act provides otherwise.
  • Vessels arriving in customs territory from the FTZ are subject to regulations protecting revenue.

Annual Reporting Requirement

  • The FTZ Authority must submit an annual report to the Philippine Congress detailing operations and fiscal condition within 10 days of the congressional session start.

Rulemaking by Secretary of Finance

  • The Secretary of Finance shall promulgate rules and regulations within six months of the Act's effectivity to implement its provisions.

Penalties for Violations

  • Violations of the Act or related rules result in imprisonment (5 to 10 years) and fines (₱5,000 to ₱10,000).
  • Violations also justify revocation of privileges granted under the Act.
  • For corporate offenders, responsible officers are penalized; alien officers may also be deported.
  • Government officers who abet or tolerate violations face penalties and disqualification from public office.
  • Confiscation of merchandise and facilities may occur if taxes and duties remain unpaid after revocation of authority.

Appropriations

  • An initial appropriation of ₱250,000 from the National Treasury for fiscal year 1969 is authorized to implement the Act.

Effectivity

  • The Act takes effect upon approval.

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