Creating the Philippine Trade Facilitation Committee in Compliance with the World Trade Organization-Trade Facilitation Agreement

May 18, 2021

EXECUTIVE ORDER NO. 136

CREATING THE PHILIPPINE TRADE FACILITATION COMMITTEE IN COMPLIANCE WITH THE WORLD TRADE ORGANIZATION-TRADE FACILITATION AGREEMENT

WHEREAS, Section 2, Article II of the Constitution provides that the State adopts the generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation and amity with all nations;

WHEREAS, Section 13, Article XII of the Constitution provides that the State shall pursue a trade policy that serves the general welfare, and utilizes all forms and arrangements of exchange on the basis of equality and reciprocity;

WHEREAS, the Philippines has been a Member-State of the World Trade Organization (WTO) since 01 January 1995;

WHEREAS, the Philippines ratified the WTO-Trade Facilitation Agreement (WTO-TFA) on 27 October 2016 and the agreement entered into force for the Philippines on 22 February 2017;

WHEREAS, Item 2, Article 23, Section III of the WTO-TFA mandates that each Member-State shall establish and/or maintain a national committee on trade facilitation or designate an existing mechanism to facilitate both domestic coordination and implementation of the provisions of the Agreement; and

WHEREAS, to faithfully comply with our commitments under the WTO-TFA, there is a need to establish a body which would streamline and improve customs procedures and facilitate the implementation of rational, efficient and simple customs rules which will reduce the cost of trade transactions, and enable micro, small and medium-sized enterprises to participate more actively in international trade;

NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:

SECTION 1. Creation of the Philippine Trade Facilitation Committee. — The Philippine Trade Facilitation Committee is hereby established, to be composed of representatives of the following departments and agencies:

 

Chairperson:	Department of Finance
Co-chairperson:	Department of Trade and Industry (DTI)
Vice-Chairperson:	Bureau of Customs (BOC)
Members:	Department of Agriculture Department of Foreign Affairs National Economic and Development Authority (NEDA) Department of Environment and Natural Resources Department of Transportation Tariff Commission Bangko Sentral ng Pilipinas DTI-Bureau of International Trade Relations DTI-Bureau of Import Services Food and Drug Administration Philippine Economic Zone Authority

 

The representative of each member agency shall have a rank not lower than an Assistant Director or its equivalent rank, and shall be fully authorized to decide on behalf of the agency.

The PTFC shall be assisted by a Secretariat, composed of existing personnel from the BOC, which shall provide administrative and technical support to the Committee.

SECTION 2. Duties and Responsibilities. — The PTFC shall have the following duties and responsibilities:

a. Study, propose and coordinate the position, activities or actions of the Philippine government on matters pertaining to the implementation of the WTO-TFA and other trade facilitation commitments;

b. Represent and advance the interests of the Philippines in meetings on the implementation of the WTO-TFA and other trade facilitation commitments;

c. Call on the assistance of and coordinate with relevant government agencies and stakeholders on various trade and trade-related concerns covered by the WTO-TFA and other trade facilitation commitments;

d. Submit appropriate and timely reports on the compliance of the Philippines with the WTO-TFA and other trade facilitation commitments;

e. Propose to the NEDA Board Committee on Tariff and Related Matters (CTRM) trade regulations, measures and practices which are consistent with the objectives of the WTO-TFA and other trade facilitation commitments, to expedite movement, release and clearance of goods;

f. Undertake outreach, advocacy, capacity-building and studies among its members and stakeholders to increase awareness of the best practices and benefits of trade facilitation;

g. In coordination with the Anti-Red Tape Authority, ensure compliance with Republic Act (RA) No. 11032 or the "Ease of Doing Business and Efficient Government Service Delivery Act of 2018," in relation to trade facilitation;

h. Report regularly to the NEDA Board CTRM and seek approval on matters relevant to the functioning of the Committee, as may be necessary; and

i. To the extent consistent with the respective mandates of the member-agencies, perform such other functions to fulfill the commitments of the Philippines to the WTO-TFA and other trade facilitation commitments.

SECTION 3. Internal Rules and Guidelines. — The PTFC may prescribe internal rules and guidelines in the performance of its duties and functions and for the conduct of its affairs.

SECTION 4. Funding. — The initial funding requirements for the implementation of this Order shall be charged against the current appropriations of the member-agencies of the PTFC. The budgetary requirements for succeeding years shall be incorporated in the annual budget proposals of the member-agencies.

SECTION 5. Separability. — Should any provision or portion of this Order be declared invalid or unconstitutional, the provisions unaffected thereby shall remain valid and subsisting.

SECTION 6. Repeal. — All issuances, rules and regulations, or parts thereof, which are inconsistent with this Order, are hereby repealed or modified accordingly.

SECTION 7. Effectivity. — This Order shall take effect immediately.

DONE in the City of Manila, this 18th day of May, in the year of Our Lord, Two Thousand and Twenty-One.

Published in the Official Gazette, Vol. 117, No. 22, Page 5813 on May 31, 2021.