Title
Export Regulation and Control Act
Law
Republic Act No. 613
Decision Date
May 11, 1951
Republic Act No. 613 regulates and controls the export of specific goods from the Philippines, requiring individuals or entities to obtain a permit from the President, with violations resulting in penalties and confiscated materials being forfeited to the government.

Permit application committee and process

  • Section 2 requires all applications for permit to export or re-export the articles listed in Section 1 to be filed before a committee composed of the Secretary of Agriculture and Natural Resources (as chairman), the Secretary of National Defense, and the Administrator of Economic Coordination (as members).
  • Section 2 mandates that applications be numbered chronologically in the order received.
  • Section 2 requires the Committee to consider and dispose of applications in their chronological order.
  • Section 2 provides that if, after due consideration, the Committee unanimously finds that the articles may be exported or re-exported without prejudice to national security and the government’s program of agricultural and industrial development, the Committee must recommend to the President that the permit be issued.
  • Section 2 requires publication of the favorable Committee recommendation at the expense of the applicant once a week for two consecutive weeks in any newspaper or newspapers of general circulation in the Philippines, and the publication must state: the applicant’s name, the applicant’s file number, the description, quantity and value of the articles, and the names of the consignee or consignees and the country or countries to which the articles are sought to be exported or re-exported.
  • Section 2 requires the President to issue and sign the permit within ten days if, within two weeks after the last publication, no objection is received by the Committee.
  • Section 2 requires the Committee to set the matter for hearing within five days after notice to the applicant and the objector if an objection is filed within the two-week period after the last publication.
  • Section 2 requires the President, within ten days after receipt of the Committee’s findings and recommendations, to issue the corresponding permit or reject the application conformably with those findings and recommendations.

Presidential authority to regulate exports

  • Section 3 authorizes the President to control, curtail, regulate and/or prohibit the exportation or re-exportation of the materials, goods and things referred to in Section 1.
  • Section 3 authorizes the President to issue rules and regulations necessary to carry out the provisions of the Act.

Penalties, corporate accountability, and forfeiture

  • Section 4 provides that upon conviction, a violator of the Act or regulations promulgated thereunder is punished by a fine of not less than PHP 5,000 and not more than PHP 10,000, or imprisonment of not less than two years and not more than five years, or both, in the discretion of the court.
  • Section 4 states that when the violation is committed by the manager, representative, director, agent, or employee of any natural or juridical person in the interest of the latter, the violation renders the natural or juridical person amenable to the penalties corresponding to the particular offense.
  • Section 4 provides that when the violation is committed in the interest of a foreign corporation legally doing business in the Philippines by its agent, manager, representative or director, the violation serves as a ground for the immediate revocation of its license to do business.
  • Section 4 requires that materials intended for export in violation of the Act and the regulations issued thereunder shall be confiscated by and forfeited to the Government.

Duration of authority and pending liabilities

  • Section 5 terminates the authority granted in the Act at the end of the next regular session of Congress unless sooner terminated by a concurrent resolution of Congress.
  • Section 5 preserves the effect of the Act and its implementing regulations for offenses committed or rights or liabilities incurred prior to repeal, for purposes of sustaining any suit, action, or prosecution regarding such rights, liabilities or offense.

Readjustment of existing export regulations

  • Section 6 requires all existing rules and regulations regulating exports (except those promulgated by the Central Bank) to be readjusted, revised and integrated to conform with the provisions of the Act.

Effectivity

  • Section 7 provides that the Act takes effect upon its approval.
  • The Act was approved May 11, 1951.

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