Law Summary
Key Definitions
- BETP: The primary export assistance and information arm of the Department of Trade and Industry (DTI).
- EXPONET: Export Assistance Network unit within BETP responsible for managing export trade complaints.
- Trade Complaints: Disputes arising from actual export or export-related transactions.
- Trade Representative: DTI officer assigned abroad to assist in trade matters.
- Regional/Provincial Officer: DTI official managing trade concerns at local levels.
- Trade Complaints Committee: An inter-agency body that recommends action on complaints, consisting of BETP Director, Philexport President, CIBI President, and DTI Legal Affairs Director or their representatives.
- Watchlist: A list of entities respondent to serious or multiple complaints, affecting their access to DTI services.
Filing and Initial Handling of Complaints
- Complaints must be written and signed to be considered.
- Upon receipt, EXPONET specialist studies case details and identifies involved parties.
- Coordination required with Commercial Attaché for foreign entities or Regional/Provincial Officer for Philippine residents.
Notification and Response Procedures
- Respondents must be informed by phone and registered letter within three days of complaint receipt.
- Filipino respondents have 15 working days to reply; foreign respondents have 30 working days.
- Respondents may be requested to participate in a conference to present their answers.
- Respondents denying allegations must provide supporting documents.
Resolution and Escalation
- Admission of guilt by Philippine respondents leads to facilitation of complaint resolution by BETP and regional officers.
- For foreign respondents admitting guilt, resolution assistance is coordinated through Trade Representatives.
- Non-response within prescribed periods leads to elevation of the complaint to the DTI Legal Department.
Meetings and Committee Deliberations
- EXPONET coordinates meetings between parties with a DTI Legal Affairs representative present.
- The Trade Complaints Committee meets monthly to deliberate and recommend actions.
Watchlist Inclusion Criteria
- Respondents may be listed if they:
- Face two or more unresolved complaints.
- Are involved in a complaint damaging the Philippines' reputation as a reliable exporter.
- Admit to guilt in a complaint.
- Are already subject to legal court actions regarding the complaint.
Consequences of Watchlist Inclusion
- Entities on the Watchlist are barred from:
- Receiving recommendations for loans from public/private institutions.
- Being referred to buyers domestically or internationally.
- Participating in DTI-sponsored trade fairs, exhibits, or selling missions.
- Being included in official exporter directories, supplier catalogs, or promotional materials.
- Accessing other DTI export promotion and financing activities.
Effectivity
- The guidelines become effective immediately upon adoption on February 8, 1993.