Presidential Decree No. 1440, s. 1978




WHEREAS, it is the policy of the government to develop and promote exports essential for the maintenance of a sustained economic growth, generating the much-needed foreign exchange and the maintenance of a stable position in international reserves;

WHEREAS, an increasing number of countries seek to impose restraint levels on Philippine exports of textiles and garments under the Arrangement regarding the International Trade in Textiles, also known as the Multi-Fibre Agreement (MFA);

WHEREAS, the Philippines has concluded several international trade agreements for the export of textile and garments with other countries;

WHEREAS, there is a need to insure proper implementation of said agreements and effect coordinated efforts in line with the existing government trade development programs;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order the following:

SECTION 1. Garments and Textile Export Board. There is hereby created a Garment and Textile Export Board hereinafter referred to as the Board to be composed of the representative of the Secretary of Trade, as Chairman, the representative of the Department of Industry, as Vice-Chairman, and one representative each from the Department of Finance, the Board of Investments, the Central Bank of the Philippines, the Tariff Commission and Export Processing Zone Authority as Members. The President shall designate one representative from the private sector as a Member of the Board without voting rights.

The Textile Export Board established under Letter of Instructions No. 325 and the Garments and Textile Export Office established under Letter of Instruction No. 676 are hereby abolished and their powers and functions as well records and documents are hereby transferred to the Garments and Textile Export Board herein established.

The Board shall be under the Office of the President.

SEC. 2. Powers and Functions of the Board. The Board shall have in addition to its general powers of administration the following powers and functions:

a. To oversee the implementation of the garments and textile agreements between the Republic of the Philippines and other countries, particularly the administration of garments and textile quotas;

b. To approve quota allocations, and export authorizations, to issue export licenses and to adopt the necessary measures to expedite the processing of the same;

c. To provide on a regular basis the necessary information and statistics relating to the administration of garments and textile quotas and the flow of garments and textile exports, for monitoring purposes and in order to obtain maximum benefits from textile negotiations with other countries;

d. To promulgate, subject to the prior approval of the National Economic and Development Authority, and implement, all rules and regulations to carry out all international textile agreements entered into between the Republic of the Philippines and importing countries;

e. To fix and collect reasonable fees for the issuances of export quotas, export authorizations, export licenses and other related services, in accordance with the criteria specified in the rules and regulations.

SEC. 3. Per Diems. — The member of the Board, including the Chairman and Vice-Chairman shall be entitled to receive a per diem of Two Hundred Fifty Pesos (₱250.00) per meeting actually attended by them: Provided, That the total amount in per diems that any member may receive shall not exceed One Thousand Pesos (₱1,000.00) per month.

SEC. 4. Secretariat. — The Board is hereby authorized to create a Secretariat and appoint personnel thereof, which Secretariat shall consist of a technical and administrative or support staff as may be necessary to assist the Board in the fulfillment of its responsibilities and functions under this Decree. The regular professional and technical personnel of the Secretariat shall be permanent and career in status but upon approval of the President of the Philippines, may be exempt from OCPC regulations, Provided, that the personnel shall be entitled to the benefits and privileges normally accorded to government employees, such as retirement, GSIS insurance, leave and similar benefits.

SEC. 5. Appropriations. — The amount of One Million Pesos (₱1,000,000.00) is hereby appropriated to defray organizational and operational expenses of the Board for the calendar year 1978. Thereafter such sums as may be necessary to support the operation of the Board shall be included in the annual Appropriations Act.

SEC. 6. Penalties. — The Board is hereby authorized to prescribe appropriate penalties for violations of the rules and regulations promulgated by the Board pursuant to this Decree.

SEC. 7. Repeal of Inconsistent Laws. — Letters of Instruction Nos. 325 and 676 as amended are hereby revoked and all other laws, decrees, orders, letters of instruction, rules and regulations inconsistent with any provisions of this Decree are hereby repealed or revised accordingly.

SEC. 8. Effectivity. — This Decree shall take effect immediately.

Done in the City of Manila, this 10th day of June, in the year of Our Lord, nineteen hundred and seventy-eight.


By the President:
Presidential Assistant

Source: CDAsia