Executive Order No. 453




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ EXECUTIVE ORDER NO. 453, June 19, 1951 ] ESTABLISHING RULES AND REGULATIONS TO CONTROL, CURTAIL, REGULATE AND/OR PROHIBIT THE EXPORTATION OR RE-EXPORTATION OF CERTAIN ITEMS FROM THE PHILIPPINES, TO IMPLEMENT REPUBLIC ACT NO. 613. Pursuant to the powers vested in me by section 3 of Republic Act No. 613, I, ELPIDIO QUIRINO, President of the Philippines, do hereby promulgate the following rules and regulations governing the exportation or re-exportation of materials enumerated in section 1 of said Act, as follows: machineries, and their spare parts, scrap metals, medicines, foodstuffs, abaca seedlings, gasoline, oil, lubricants and military equipment or supplies suitable for military use. Section 1. The Committee created under section 2 of Republic Act No. 613, of which the Secretary of Agriculture and Natural Resources is the Chairman, and the Secretary of National Defense and the Administrator of Economic Coordination are members, shall be known as the Export Control Committee. Section 2. The exportation of all articles included in the list marked Annex A, hereto attached as an integral part of this Order, is absolutely prohibited: Provided, however, That licenses issued or authority granted prior to the effectivity of Republic Act No. 613, by the Interdepartmental Committee from February 28, 1951, by the Civil Aeronautics Board or the Civil Aeronautics Administration, and by the Sugar Quota Office on nonferrous metals pursuant to the Cabinet Resolution of November 21, 1950, are valid and subsisting.1âшphi1 Section 3. Items included in Annex B, hereto attached as an integral part of this Order, may be exported without the need of application and permit, provided that with reference to items Nos. 5 to 15, the exporter, other than the Philippine Air Lines Inc. with respect to Item 15, shall give notice to the Export Control Committee at least five days before the closing of the export or shipping contract, indicating the quantity and destination of the products to be exported, for the determination within the same period of the necessity of their control. Section 4. Applications for permit to export or re-export any of the articles included in the List marked Annex C, hereto attached as an integral part of this Order, shall be filed under oath with the Export Control Committee in seven copies and shall contain the following information: 1. Name of Exporter. If applicant is a partnership or corporation, the name of manager or person authorized to sign for partnership or corporation should be stated. 2. Business Address of Exporter 3. Nature of Business 4. Itemized list, description and specifications of materials 5. Quantity and export value of goods 6. Source of materials (How acquired) 7. Present location of articles to be shipped 8. Name, business address and nature of business of consignee 9. Carrier, (Name of vessel or aircraft to be furnished the Committee upon approval of application) 10. Port or ports of embarkation 11. Date of shipment 12. Port of destination 13. Final destination 14. Other information tending to show bone fide of the transaction. Section 5. Applications for permit to export or re-export shall be numbered chronologically in the order in which they are received and shall be considered and disposed of by the Committee in their chronological order. Section 6. In the screening of exports the Committee shall consider, among other things, the following factors: 1. Needs and requirements of government corporations and/or agencies and private entities 2. The reputation and bona fides of the exporter 3. Reputation of the Carrier 4. The bona fides and reputation of the consignee 5. The proximity of the country of destination to Communist or Communist-held areas and/or the possibility of the goods being diverted or resold to said areas. 6. Proper valuation of the articles. In recommending the issuance of a permit the Committee may require the filing of a bond or such other guarantees to insure that the articles exported will reach their intended destination. Section 7. If after due consideration the said Committee should unanimously find that the article or articles for which a permit is applied may be exported or re-exported without prejudice to the national or to the government’s program of economic, development and rehabilitation, then it shall recommend, subject to the next succeeding section hereof, that a permit be issued for the exportation or re-exportation of such article or articles. Section 8. Before the permit is issued, the favorable recommendation of the Committee shall be published at the expense of the applicant once a week for two consecutive weeks in any newspaper of general circulation in the Philippines in which publicity shall be given the following: (a) Name of applicant. (b) File No. of the application. (c) Description, quantity and value of articles sought to be exported or re-exported. (d) Name of consignee or consignees and the country or countries to which the articles sought to be exported or re-exported. (e) Name of the carrier. Section 9. If within two weeks after the last publication no objection is received by the Committee to the issuance of the permit applied for, the President will order the permit issued. Section 10. If within the said period of two weeks, an objection to the issuance of the permit is filed with the Committee, then it shall set the matter for hearing within five days after notice to the applicant and to the objector and within ten days after receipt of the findings and recommendation of the Committee, the President shall in his discretion issue or disapprove the corresponding permit. Section 11. Commodities not listed in Annexes A, B, and C and personal effects of passengers in transit or going abroad are not governed by the provisions of this Order. Section 12. Transhipments.—In order to prevent re-exportation in the guise of transhipments and in the interests of cooperating with other members of the United Nations to prevent diversion of strategic materials to Communists, Communist-held and/or troubled areas, transhipment of cargoes passing through the Philippines shall be allowed by the Bureau of Customs only upon the issuance of a clearance by the Committee. However, publication need not be required and each application for transhipment shall be disposed of by the Committee within three days from the filing of the application. In considering transhipments, the Committee shall look into the genuineness of the transhipment and make sure that no dollars emanating from the Philippines have been used therein. Section 13. All shipments cleared by the Export Control Committee shall be subject to the existing rules and regulations governing exports promulgated by the Central Bank. Section 14. Charging of fees.—The Committee shall charge a nominal fee of five pesos (?5.00) for each application filed. A service fee of not exceeding one-fifth of one per cent of the value of the exportation shall be charged for every application approved. The funds accruing from the nominal and service fees shall, subject to the provisions of the Budget Act, be used to defray the expenses of the Committee in carrying out the provisions of Republic Act No. 613, provided that any unexpended balance shall revert to the General Fund of the National Government. Section 15. The Chairman of the Committee is hereby authorized to ask for the assistance and detail of personnel from the various departments of the government including government-owned or controlled corporations to help carry out the provisions of this Order. Done in the City of Manila, this 19th day of June, in the year of Our Lord, nineteen hundred and fifty-one, and of the Independence of the Philippines, the fifth. (SGD.) ELPIDIO QUIRINO President of the Philippines By the President: (SGD.) MARCIANO ROQUE Acting Assistant Executive Secretary The Lawphil Project - Arellano Law Foundation