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.