Legal basis and governing framework
- Executive Order No. 372 is issued by the President “by virtue of the powers vested…by law.”
- Section 2 governs acceptance of donations from foreign governments by making acceptance subject to prior clearance and approval of the President upon recommendation of the Secretary of the Department of Foreign Affairs, pursuant to Republic Act No. 9206.
- Section 2 directs accounting and auditing of donation receipts to follow “pertinent accounting and auditing rules and regulations.”
- Section 2 places remittances and availability of funds under Special Budget rules through Section 35, chapter 5, Book VI of Executive Order No. 292.
Purpose and policy orientation
- Executive Order No. 372 creates a public-private mechanism to harness the synergy of government and the private sector to formulate integrated master plans for globally competitive service industries.
- Executive Order No. 372 is grounded on the development of globally competitive service industries to generate employment and earn foreign exchange.
- Executive Order No. 372 adopts a market-based, private sector driven approach by emphasizing an enabling environment for private sector investment.
Task Force creation and identity
- Section 1 creates the Public-Private Sector Task Force for the Development of Globally competitive Philippine Service Industries, referred to as the Task Force.
- Section 2 assigns the Task Force functions covering identification of priority industries, formulation of development plans, implementation oversight, mobilization of agencies and private stakeholders, monitoring and evaluation, and reporting.
- Section 2 allows the Task Force to accept donations, contributions, grants, requests, or gifts for purposes relevant to its functions, subject to conditions for foreign-government donations.
Core functions and operational mandates
- Section 2 requires the Task Force to identify service industries the Philippines has the potential to be globally competitive, including health and wellness; retirement and leisure; information technology; and logistics.
- Section 2 requires the Task Force to formulate development plans for identified service industries where the Philippines has potential for global competitiveness.
- Section 2 requires the development plans to provide public-private sector partnership models for developing these service industries.
- Section 2 requires the Task Force to ensure effective and timely implementation of the development plans.
- Section 2 requires the Task Force to initiate action and mobilize concerned government agencies and the private sector to implement the development plans.
- Section 2 requires the Task Force to monitor and evaluate the implementation of the development plans.
- Section 2 requires the Task Force to submit monthly reports to the President through the Executive Secretary on the status of the development plans.
Donations, appropriations, accounting, and reporting
- Section 2 permits the Task Force to accept donations, contributions, grants, requests, or gifts, whether cash or in kind, from domestic or foreign sources, for purposes relevant to its functions.
- Section 2 makes acceptance of donations from foreign governments subject to prior clearance and approval of the President, upon recommendation of the Secretary of the Department of Foreign Affairs, pursuant to Republic Act No. 9206.
- Section 2 requires donation receipts to be accounted in the Task Force’s books in accordance with pertinent accounting and auditing rules and regulations.
- Section 2 deems donations—whether cash or in kind—automatically appropriated for the purposes specified by the donor.
- Section 2 directs that receipts from cash donations and proceeds from sale of donated commodities be remitted to the National Treasury and recorded as a Special Account in the General Fund, available through a Special Budget pursuant to Section 35, chapter 5, Book VI of Executive Order No. 292.
- Section 2 requires the Task Force to submit quarterly reports to the Department of Budget and Management, the Senate Committee on Finance, the House Committee on Appropriations, and the Commission on Audit:
- a quarterly report of all donations whether in cash or in kind, and
- a quarterly report of expenditures or disbursements of the amounts released.
Composition and coordination structure
- Section 3 provides that the Task Force is composed of:
- the Secretary of Trade and Industry,
- the Secretary of Foreign Affairs,
- the Chairman of Clark Development Corporation,
- the Chairman of Subic Bay Metropolitan Authority, and
- five (5) private sector representatives appointed by the President.
- Section 3 provides that the Secretary of Trade and Industry and one (1) private sector representative serve as Co-Chairs.
- Section 3 allows the Task Force to call on heads of departments, agencies, bureaus, or offices to provide assistance and cooperation as required.
- Section 3 allows invitations to resource persons from trade associations and local and foreign chambers of commerce during meetings to carry out the Task Force’s mandate.
- Section 4 requires the Task Force to closely coordinate with the Senior Adviser on International Competitiveness.
- Section 4 provides that the Senior Adviser on International Competitiveness continues to perform functions of advising the President on areas concerning the country’s global competitiveness.
- Section 4 provides that the Senior Adviser ensures that the President’s directives on the development of globally competitive Philippine service industries are efficiently and effectively implemented by the Task Force.
Funding and participation costs
- Section 5 provides that funding for the Task Force’s operational requirements comes from the President’s Contingent Fund.
- Section 5 requires private sector entities to fund their own participation in the Task Force’s work, including operational and promotional activities, feasibility studies, and similar items.
- Section 5 encourages private sector entities to secure their own funding through grants and other contributions from foreign and local private sector counterpart, subject to applicable laws, rules, and regulations.
Repeals and hierarchy of rules
- Section 6 repeals, amends, or modifies all executive issuances, rules and regulations, or parts thereof, that are inconsistent with the provisions of Executive Order No. 372.