Law Summary
Background and Approval
- The Board approved the suspension of the Transfer and Swap Scheme for categories 338/9, 347/8, 638/9, 647/8, and 7/8A as of December 01, 1998, for the first quarter of 1999 (January-March).
- Circular 011 dated December 03, 1998, communicated this suspension.
- In response to industry requests, the Board lifted the suspension on March 26, 1999, effective April 01, 1999.
Conditions for Transfer
- The Transfer of Export Quota (EQ) is subject to specific conditions: • Maximum transfer allowed is 20% of the firm's total EQ in a particular category. • Firms with an EQ in a category that received Export Authorization (EA) during regular allocation are prohibited from transferring any quota for the year. • Firms that have transferred EQ in a given category are disqualified from participating in the over-the-counter (OTC)/guarantee allocation for that category.
Conditions for Swaps
- The Swap scheme is designed to prevent circumvention of rules and is limited to swaps within categories of the same status: • Critical categories can swap with critical categories. • Semi-critical categories can swap with semi-critical categories. • Non-critical categories can swap with non-critical categories.
Continuation of Other Provisions
- Except for the modifications stated, all other provisions of Rule V Section 9 of the Rules on Transfer and Swap schemes remain in effect.
Adoption
- The Circular was adopted on March 26, 1999, by Felicitas R. Agoncillo-Reyes, Executive Director.
Key Takeaways
- The GTEB Circular reinstated the Transfer and Swap Scheme effective April 01, 1999, following a suspension.
- Transfers are limited to 20% of total EQ, with strict conditions on eligibility and participation in further allocations.
- Swaps are restricted to categories of the same status to ensure compliance with regulatory standards.
- Other provisions of the existing rules remain unchanged.