Executive Order No. 55




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ EXECUTIVE ORDER NO. 55, November 26, 2001 ] OPENING THE SUB-PORT OF CLARK SPECIAL ECONOMIC ZONE AS A PRINCIPAL PORT OF ENTRY TO BE KNOWN AS THE PORT OF CLARK INTERNATIONAL AIRPORT, PURSUANT TO SECTION 702 OF THE TARIFF AND CUSTOMS CODE OF THE PHILIPPINES, AS AMENDED, IN RELATION TO THE BASES CONVERSION AND DEVELOPMENT ACT OF 1992. WHEREAS, Republic Act (RA) No. 7227, creating special economic and free port zones provides that it is the declared policy of the government to accelerate the sound and balanced conversion into alternative productive uses of the former US military bases, particularly Clark and Subic; WHEREAS, the conversion of the Clark Special Economic Zone into an airport-led metropolis ( aerotropolis) to complement the economic development of the Subic Freeport and enhance the economic growth of Central Luzon and eventually make the entire Philippines globally competitive is in furthermore of said policy; WHEREAS, the expanding economic activity at the Sub-port of Clark Special Economic Zone as evidenced by its present collection levels, demands its upgrading or conversion into a Principal Port of Entry; WHEREAS, converting and opening the Sub-port of Clark under the Port of Manila into a Principal Port of Entry will add prestige to the Clark Special Economic Zone, particularly the Clark International Airport, improve the administrative efficiency of the Port in attending to the needs of importers/locators of the Clark Special Economic Zone, incoming and outgoing passengers and the general public using the Clark International Airport as their port of entry; WHEREAS, the Metro Clark Advisory Council has called for the upgrading of the status of the Clark Special Economic Zone as a sub-port of Manila into a Principal Port of Entry to be known as the Principal Port of the Clark Special Economic Zone in view of the full operation of the Clark International Airport; NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO , President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order: Section 1. Upgrading of the sub-port of Clark Special Economic Zone and opening it as a Principal Port of Entry. – The sub-port of Clark Special Economic Zone is hereby closed and abolished and accordingly removed from the jurisdiction of Collection District No. II-A (Port of Manila), and, in its stead, a new Principal Port of Entry is hereby opened and created to be known as the Port of Clark International Airport, which shall be located inside the secured area consisting of the presently fenced-in Clark Special Economic Zone whose meets and bounds are designated and defined under Presidential Proclamation No. 163, s. of 1993. Section 2. Authority of the Commissioner of Customs to define the jurisdictional limits of the collection districts affected. – The Commissioner of Customs, subject to the approval of the Secretary of Finance pursuant to Section 701 of the Tariff and Customs Code of the Philippines (TCCP), as amended, is hereby authorized to redefine the jurisdictional boundaries of the Port of Manila (Collection District II-A) and to delineate the jurisdictional limits of the new Principal Port of Entry which shall become Customs Collection District No. XIV and to be known as the Port of Clark International Airport.ℒαwρhi৷ Section 3. Relationship between Clark Development Corporation and the Bureau of Customs. – To ensure the smooth operation of the Port of Clark International Airport, taking into consideration the peculiar characteristics thereof, the Bureau of Customs and Clark Development Corporation shall, within thirty (30) days from the effectivity of this order, enter into a Memorandum of Agreement defining their working relationships and the treatment of all cargoes entering or leaving the fenced-in area including all incoming and outgoing passengers thru the Port of Clark International Airport. Section 4. Authority of the Commissioner to designate the officials of the Port of Clark International Airport. – The new Collection District No. XIV, also known as the Port of Clark International Airport, shall be headed by a Collector of Customs VI, to be assisted by such Deputy Collectors of Customs as may be determined and designated by the Commissioner of Customs. Section 5. Implementing Authority. – Subject to the approval of the Secretary of Finance, the Commissioner of Customs is hereby authorized to determine the personnel requirements of the Port of Clark International Airport, taking into account the principles of economy, efficiency, and effectiveness. For this purpose, he may, subject to applicable Civil Service rules and regulations, issue the needed orders to effect the transfer or movement of personnel from any organizational unit of the Bureau to the Port of Clark International Airport. Section 6. Appropriations. – Funds for the initial operations of the Port of Clark International Airport shall be drawn from the available funds of the Bureau of Customs and subsequent appropriations shall be incorporated into its budget proposals, subject to existing budgeting, accounting and auditing laws and procedures. Section 7. Effectivity. – This Executive Order shall take effect fifteen (15) days following the completion of its publication in the Official Gazette or a newspaper of general circulation. Done in the City of Manila, this 26 th day of November, in the year of Our Lord, Two Thousand and One. (SGD.) GLORIA MACAPAGAL-ARROYO By the President: (SGD.) ALBERTO G. ROMULO Executive Secretary The Lawphil Project - Arellano Law Foundation