Resolution Concurring in the Accession to the Convention on Temporary Admission
Senate Resolution No. 128, adopted on November 8, 2021, expresses the Philippine Senate's concurrence with the accession to the Convention on Temporary Admission, which facilitates the temporary admission of goods with relief from import duties and taxes. The resolution outlines the Convention's structure, consisting of 34 articles and 13 annexes, and notes that the President ratified the Convention on April 28, 2021. The Senate received endorsements from several government agencies for this ratification and included specific reservations regarding certain annexes, reflecting the Philippines' unique circumstances as an archipelagic nation. Additionally, it allows the President to withdraw from the Convention with Senate approval.
Quick Answers
- What is Resolution Concurring in the Accession to the Convention on Temporary Admission about?
- Senate Resolution No. 128, adopted on November 8, 2021, expresses the Philippine Senate's concurrence with the accession to the Convention on Temporary Admission, which facilitates the temporary admission of goods with relief from import duties and taxes. The resolution outlines the Convention's structure, consisting of 34 articles and 13 annexes, and notes that the President ratified the Convention on April 28, 2021. The Senate received endorsements from several government agencies for this ratification and included specific reservations regarding certain annexes, reflecting the Philippines' unique circumstances as an archipelagic nation. Additionally, it allows the President to withdraw from the Convention with Senate approval.
- What type of law is Senate Resolution No. 128?
- Resolution Concurring in the Accession to the Convention on Temporary Admission (Senate Resolution No. 128) is a Philippine Other Rules and Procedures enacted by the Congress of the Philippines.
- When was Resolution Concurring in the Accession to the Convention on Temporary Admission enacted?
- Resolution Concurring in the Accession to the Convention on Temporary Admission (Senate Resolution No. 128) was enacted on Nov 8, 2021.
- What is the citation for Resolution Concurring in the Accession to the Convention on Temporary Admission?
- Resolution Concurring in the Accession to the Convention on Temporary Admission, Senate Resolution No. 128, Nov 8, 2021 (Philippines)
Law Information
- Reference Number
- Senate Resolution No. 128
- Date Enacted
- Category
- Other Rules and Procedures
- Subcategory
- Senate
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
November 8, 2021
SENATE RESOLUTION NO. 128
RESOLUTION CONCURRING IN THE ACCESSION TO THE CONVENTION ON TEMPORARY ADMISSION
WHEREAS, the Constitution, Article VII, Section 21 states: "No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate";
WHEREAS, the Convention obligates Contracting Parties to provide temporary admission of goods with total conditional relief from import duties and taxes. It also requires simplified processes for temporary admission of goods into a customs territory:
WHEREAS, the Convention is composed of two parts — the first part is composed of a body of 34 Articles embodying the basic principles underlying the Convention and provisions essential for the uniform implementation of the instrument, and the second part is a set of 13 Annexes, each providing temporary admission facilities for a specified category of goods;
WHEREAS, the President of the Philippines ratified the Convention on 28 April 2021 and has accordingly submitted it to the Senate for concurrence, in accordance with the Constitution;
WHEREAS, in the hearings conducted by the Senate Committee on Foreign Relations on 14 January 2021 and 1 July 2021, the following government agencies endorsed the concurrence to the ratification of the Convention:
1) Department of Foreign Affairs
2) Department of Finance
3) Department of Justice
4) Department of Trade and Industry
5) Bureau of Customs
6) Tariff Commission
WHEREAS, Article 26 of the Convention provides, among other things, that it will enter into force three (3) months after a Contracting Party deposits its instrument of accession; and
WHEREAS, Article 29 of the Convention provides, among other things, that: "Any Contracting Party which has entered reservations may withdraw them, in whole or in part, at any time, by notification to the depositary specifying the date on which such withdrawal takes effect":
Now, therefore, be it
Resolved, That the Philippine Senate concur, as it hereby concurs, in the accession to the Convention on Temporary Admission subject to the following reservations pursuant to Article 29 of the Convention:
|
Annexes to the Istanbul Convention |
Reservations |
|
Annex A
Annex Concerning Temporary Admission Papers (ATA Carnets and CPD Carnets) |
The Government of the Republic of the Philippines declares in accordance with Article 18 (1) of Annex A, that ATA carnet shall not be acceptable for postal traffic. |
|
Annex B.3.
Annex Concerning Containers, Pallets, Packings, Samples and Other Goods Imported in Connection with a Commercial Operation |
Pursuant to Article 7, in respect of Article 5 (1) of Annex B.3., Philippine laws and regulations require, in certain circumstances, the production of customs documents and the provision of security for packings.
Pursuant to Article 7, in respect of Article 2 (g) of Annex B.3., no temporary admission shall be granted for goods covered by item 6 of Appendix 1 of Annex B.3. |
|
Annex B.5.
Annex Concerning Goods Imported for Educational, Scientific or Cultural Purposes |
Pursuant to Article 6, in respect of Article 4 of Annex B.5., as concerns scientific equipment and pedagogic material, Philippine laws and regulations require the submission of customs documents in the importation of such equipment and material. |
|
Annex B.7.
Annex Concerning Tourist Publicity Material |
The Government of the Republic of the Philippines declares that it shall not be bound by Annex B.7.
These materials are readily available online and some of them are not required to be re-exported. Monitoring could also be a problem since they do not require customs document, ATA carnet or security. |
|
Annex B.8.
Annex Concerning Goods Imported as Frontier Traffic |
The Government of the Republic of the Philippines declares that it shall not be bound by Annex B.8.
As an archipelagic country, importations between frontier zones are not applicable to the Philippines. |
|
Annex C
Annex Concerning Means of Transport |
The Government of the Republic of the Philippines declares that it shall not be bound by Annex C.
As an archipelagic country, the provisions of this Annex may be of little significance to the Philippines. The temporary admission of means of transport under the Convention may only be applied to a landlocked country.
Additionally, the Philippines has a long-standing policy against the importation of second-hand vehicles as provided for under Executive Order No. 156 (s. 2002). |
|
Annex D
Annex Concerning Animals |
The Government of the Republic of the Philippines declares that in accordance with Article 5 (1) of Annex D, Article 4 (1) shall not be accepted.
Further, on the basis of Article 5 (2) of Annex D, items 12 and 13 of the Appendix to Annex D shall not be accepted.
As an archipelagic country which has no frontier zone, Annex D is of little significance to the Philippines. Draught animals are temporarily admitted to be used by tenant farmers who are working in an adjacent foreign country. |
|
Annex E
Annex Concerning Goods Imported with Partial Relief from Import Duties and Taxes |
The Government of the Republic of the Philippines declares that it shall not be bound by Annex E as Philippine law does not allow partial relief from import duties and taxes. |
Resolved, finally, That the President of the Republic of the Philippines may, with the concurrence of the majority of all the members of the Senate, withdraw from the Convention.
Adopted,
(SGD.) VICENTE C. SOTTO IIIPresident of the Senate
This Resolution was adopted by the Senate on November 8, 2021.
(SGD.) MYRA MARIE D. VILLARICASecretary of the Senate
Cite This Law
Resolution Concurring in the Accession to the Convention on Temporary Admission, Senate Resolution No. 128, Nov 8, 2021 (Philippines)
Resolution Concurring in the Accession to the Convention on Temporary Admission, Senate Resolution No. 128 (Phil. 2021)
Related Laws
- Resolution Concurring in the Accession to the Convention on CybercrimeSenate Resolution No. 089 • Feb 19, 2018 • Other Rules and Procedures
- Resolution Concurring in the Accession to the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001Senate Resolution No. 094 • Mar 5, 2018 • Other Rules and Procedures
- Resolution Concurring in the Accession to the Hague Convention on the Civil Aspects of International Child AbductionSenate Resolution No. 116-16 • Feb 1, 2016 • Other Rules and Procedures
- Resolution Concurring in the Accession to the Protocol of 1978 Relating to the International Convention for the Safety of Life at Sea, 1974Senate Resolution No. 097 • Mar 5, 2018 • Other Rules and Procedures
- Resolution Concurring in the Accession to the Protocol of 1988 Relating to the International Convention on Load Lines, 1966Senate Resolution No. 096 • Mar 5, 2018 • Other Rules and Procedures
- Resolution Concurring in the Accession to the Paris AgreementSenate Resolution No. 042-17 • Mar 14, 2017 • Other Rules and Procedures
Browse More Other Rules and Procedures
Explore other laws in the Other Rules and Procedures category.
View All Other Rules and ProceduresNeed Help Understanding This Law?
Ask our AI assistant to explain provisions, implications, or related laws.
Ask AI About This Law