[ Memorandum Circular No. 1280, March 18, 1985 ]
PROVIDING THE INTERNAL PROCEDURE AND/OR GUIDELINES FOR THE OFFICE OF THE PRESIDENT IN GRANTING EXEMPTION FROM THE BAN ON EXPORTATION OF AIRCRAFT OR PARTS THEREOF.
Pursuant to Rule VI of the Revised Rules and Regulations to implement Presidential Decree No 930 dated 13 May 1976, which provides that exports of certain commodities which are considered controlled, prohibited or banned from exportation from exportation would require exemption from specialized government commodity offices/agencies, the following guidelines for securing Presidential exemption prior to exportation of aircraft or parts thereof, with or without dollar proceeds, are hereby adopted:
(1) Request for exemption therefrom should be addressed to the Office of the President through the Presidential Management Staff (PMS).
(2) A provisional exemption shall be given by PMS upon presentation/specification of the following by the exporter:
a) Favorable indorsement thereof by the Bureau of Air Transportation;
b) Nature of transaction – whether it is a stock-in-trade exportation, re-exportation, ship out for repairs, maintenance and overhaul, among others, with or without dollar proceeds;
c) Particulars of aircraft or parts thereof to be exported/re-exported/overhauled/repaired:
1—classification/type
2—number
3—specifications
4—registration number
5—import value, if applicable
(3) The final absolute exemption shall subsequently be granted upon submission of the hereunder additional requirements:
A. For stock-in-trade exportations with dollar proceeds:
1. Proof of L/C opening;
2. Bill of exchange—whether through bank drafts or telegraphic transfer;
3. Approved export declaration or file copy thereof; and
4. Proof of inward remittance of dollars.
B. For the exportation of aircraft or parts thereof without dollar proceeds:
1. Nature of transaction;
2. Country of destination;
3. Amount of dollar involved and source thereof;
4. Copy of agreement between contracting parties;
5. Proof of ownership-either Deed of Sale or Registration papers;
6. Original import/shipping documents;
7. Appropriate service bulletin, if applicable; and
8. Surety bond or file copy thereof.
(4) In case of exportation with dollar proceeds, failure to submit the proof of inward remittance of dollars shall render the exemption null and void. This shall make the such exportation illegal and thus, the exporter liable for said offense.
(5) Unless otherwise provided by law, the exportation of aircraft or parts thereof for repairs, maintenance and overhaul shall be exempt from the ban subject, however, to the issuance of a permit to export by the Presidential Management Staff.1aшphi1 This permit shall be issued only upon presentation of appropriate documents specified in Item 3B.
(6) The Executive Director of the Presidential Management Staff or his representative reserves the right to physically inspect and/or appraise, if necessary, subject commodities as well as to assess the conditions for which the control, prohibition and/or banning from exportation of aircrafts or parts thereof have been imposed.
Strict observance hereof is enjoined.
Manila, Philippines, 18th March, 1985.
