Law Summary
Application and Approval Process for Export Permits
- Applications must be submitted to a specific committee.
- The committee consists of:
- Secretary of Agriculture and Natural Resources (Chairman)
- Secretary of National Defense
- Administrator of Economic Coordination
- Applications are processed in chronological order.
- The committee must unanimously find export will not harm national security or development goals to recommend approval.
- Favorable committee recommendations must be published twice in newspapers listing applicant details, goods description, quantities, values, consignees, and destination countries.
- If no objection arises within two weeks, the President shall issue the permit within ten days.
- If objections are filed, a hearing is conducted within five days; thereafter, the President issues or rejects the permit based on committee findings within ten days.
Presidential Authority to Regulate Exports
- The President has the power to control, limit, regulate, or prohibit export and re-export of listed goods.
- The President may issue implementing rules and regulations to enforce the Act’s provisions.
Penalties for Violations
- Violators face fines ranging from PHP 5,000 to PHP 10,000, or imprisonment of 2 to 5 years, or both.
- Liability extends to natural or juridical persons when violations are committed by their managers, representatives, directors, agents, or employees in their interest.
- Foreign corporations violating the law through their agents or representatives face license revocation besides penalties.
- Goods involved in the violation are subject to confiscation and forfeiture to the government.
Duration and Continuing Effect of the Law
- The law’s authority expires at the end of the next regular Congress session unless earlier terminated.
- Provisions remain effective for offenses committed or rights/liabilities incurred prior to repeal, for legal enforcement purposes.
Harmonization with Existing Export Regulations
- Existing export rules and regulations, except those by the Central Bank, must be revised to conform with this Act.
Effectivity of the Act
- The law takes effect immediately upon approval.