Mandating the Marking of All Petroleum Products That are Refined in, Manufactured in, and/or Imported into the Philippines

November 11, 2017 DOF DEPARTMENT ORDER NO. 069-17 MANDATING THE MARKING OF ALL PETROLEUM PRODUCTS THAT ARE REFINED IN, MANUFACTURED IN, AND/OR IMPORTED INTO THE PHILIPPINES This order is issued pursuant to Section 7 (4), Chapter 2, Book IV, of Executive Order No. 292, otherwise known as the Administrative Code of 1987 , in relation to Sections 104, 431, and 1800 of Republic Act No. 10863, otherwise known as the Customs Modernization and Tariff Act (CMTA), and Sections 107, 129, 131, 148 and 244 of Republic Act No. 8424, otherwise known as the National Internal Revenue Code (NIRC) , as amended. SECTION 1. Fuel Marking Program. This Order shall covers formulation and implementation of a fuel marking program as may be allowed by all applicable laws and regulations. All petroleum products which can be marked without violating safety regulations shall be marked with the official marking agent as may be designated. SECTION 2. Fuel Marking Technical Working Group . A Technical Working Group is herein established for the purpose of the fuel marking program. The composition of the TWG shall be as follows: Chairman Undersecretary, Revenue Operations Group or his/her authorized representative Vice Chairman Commissioner of the Bureau of Customs (BOC) or his/her authorized representative Commissioner of the Bureau of Internal Revenue (BIR) or his/her authorized representative Members BIR Deputy Commissioner as designated by the BIR Commissioner or his/her representative BOC Deputy Commissioner as designated by the BIR Commissioner or his/her representative SECTION 3. Authority of the Fuel Marking TWG . It shall be the responsibility of the Fuel Marking TWG to formulate and implement the fuel marking program within the bounds of applicable laws and regulations. The authority necessary to commence and implement the program are granted to the Fuel Marking TWG, including but not limited to the following: (1) Approve the Terms of Reference (TOR) and engagement of the services of the fuel marking provider as recommended by the BOC and the BIR; (2) Approve the operational and technical instructions on the implementation of the fuel marking program as recommended by the BOC and the BIR; and (3) Perform oversight function over the engaged fuel marking provider and conduct periodic inspections on the facilities and personnel of the fuel marker provider. The Fuel Marking TWG may call upon any officials of the Department of Finance (DOF) and its attached agencies for assistance in the implementation of this Order. They may further request the participation of experts and resource persons, as they may deem necessary, for the same purpose. SECTION 4. Implementing Rules and Regulations . The Bureau of Customs and the Bureau of Internal Revenue shall issue the relevant administrative issuances, subject to the approval of the Secretary of Finance, necessary for the implementation and enforcement of the Fuel Marking Program. SECTION 5. Separability Clause . If for any reason, any provision of this Order is declared unconstitutional or invalid, such parts thereof not affected shall remain in full force and effect. SECTION 6. Repealing Clause . All orders, circulars, memoranda, and other issuances, or parts thereof, which are inconsistent with this Department Order are hereby repealed or modified accordingly. SECTION 7. Effectivity . This Department Order shall take effect immediately after its publication in a newspaper of general circulation. (SGD.) CARLOS G. DOMINGUEZ Secretary of Finance