Executive Order No. 482, s. 2005





WHEREAS, the Association of South East Asian Nations (ASEAN) adopted as customs facilitation core component the ASEAN Single Window (ASW) on the 11th Annual Meeting of ASEAN Director-Generals of Customs held in Bangkok, Thailand on July 2003, resulting to the establishment of the initiatives by the ASEAN Customs senior officers;

WHEREAS, the ASEAN leaders, in their 9th Summit held at Bali, Indonesia on September 2003, gave the highest level of endorsement to the ASW, and supported the recommendations of the High-Level Task Force of the ASEAN Director Generals of Customs on issues directly relevant to Customs cooperation, contained in the Bali Concord II stating that the ASW should include the electronic processing of trade documents at regional and national levels;

WHEREAS, the electronic processing of trade documents through a single window will bring about a more efficient and effective service to the public;

WHEREAS, the creation of the Inter-Agency Task Force Officials on ASW comprising of ASEAN will facilitate the development of electronic transactions of all trade matters in the national and regional level;

WHEREAS, the 1st Inter-Agency Task Force Meeting on ASW held at Manila, Philippines on August 04-06, 2004 adopted the view that “the single decision making would be uniformly interpreted as a single point of decision for the release of cargoes on the basis of decisions taken by line ministries and communicated timely to the Customs” as the uniform interpretation of the definition of the ASW;

WHEREAS, in analyzing the roles played by related government agencies in the international supply chain, the 1st Inter-Agency Task Force Meeting on ASW reaffirmed that Customs Authorities would be the final and single decision-maker on cargo clearance and release;

WHEREAS, in the 3rd Inter-Agency Task Force Meeting on ASW held at Manila, Philippines in April 2005, the Philippines volunteered to be the pilot country for the implementation of the National Single Window (NSW) for Cargo Clearance;

WHEREAS, the NSW is a system that enables a single submission of data and information that is synchronously processed, resulting in a single point of decision for the release of cargoes by Customs, based on decisions made by other Departments and Agencies of government and communicated in a timely manner to Customs;

WHEREAS, the NSW will, among others, increase transparency in cargo processing, provide a more accurate, timely and cost efficient exchange of information, reduce customs operational costs and improve revenue collection;

WHEREAS, the Implementation of NSW will minimize the risk associated in ASW implementation and provide a mitigation and transition plan for the full ASW implementation;

WHEREAS, the 4th Inter-Agency Task Force Meeting of the ASW adopted a Model for NSW for cargo clearance, with the following components, namely: Customs, Other Government Agencies, Banking and Insurance Agency, Transport Community, Trading Community, ASEAN/International Link;

WHEREAS, for purposes of implementing the decisions of the 3rd Inter-Agency Task Force for the ASW, all ASEAN Member-States agreed to establish National Working Groups or similar entities with the following responsibilities:

• Monitor, supervise and coordinate the overall progress and implementation of the ASW Project;

• Provide inputs and technical documents for the design and establishment of the ASW Project; and

• To conduct regular views of the project and monitor its implementation at national level;

WHEREAS, government departments and agencies involved in cargo clearance and release must cooperate with each other in order to provide the Bureau of Customs with an automated electronic system required for the establishment, implementation, and operation of NSW, and eventually the ASW;

WHEREAS, the creation of the NSW Task Force for Cargo Clearance is necessary for a more coherent and effective formulation, coordination, implementation, and monitoring of the NSW;

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. Creation of Task Force. The National Single Window Task Force for Cargo Clearance (NSW Task Force) is hereby created to bring about a more efficient and effective service to the public.

SEC. 2. Composition. The NSW Task Force shall be composed of a Steering Committee and a Technical Working Group.

SEC. 3. The Steering Committee. The Steering Committee is a high level committee chaired by the Secretary of Finance, with the following as members:

a. Secretary, Department of Trade and Industry (DTI);
b. Secretary, Department of Agriculture (DA);
c. Secretary Department of Transportation and Communication (DOTC);
d. Secretary, Department of Interior and Local Government (DILG);
e. Secretary, Department of Health (DOH);
f. Governor, Bangko Sentral ng Pilipinas (BSP); and
g. Director-General, National Economic and Development Authority (NEDA).

SEC. 4. Functions of the Steering Committee. The Steering Committee shall be responsible for the following:

a. Setting of policy guidelines for the creation and operation of the NSW and the ASEAN Single Window (ASW) thereafter;

b. Crafting of financial schemes and strategies to finance the activities and projects under the NSW from its inception up to its operations to ensure sustainability; and

c. Ensuring the effective and efficient implementation of the NSW and ASW thereafter.

SEC. 5. The Technical Working Group. The Technical Working Group shall be presided by the Commissioner of Customs and designated representatives from the following agencies as members:

a. Commission of Information and Communications Technology (CICT);
b. Bureau of Internal Revenue (BIR);
c. Tariff Commission (TC);
d. Philippine Ports Authority (PPA);
e. Bureau of Plant & Industry (BPI);
f. Bureau of Quarantine (BQ);
g. Bureau of Food and Drug (BFAD);
h. Bureau of Animal Industry (BAI);
i. Bureau of Import Services (BIS);
j. Land Transportation Office (LTO);
k. Insurance Commission (IC);
l. Philippine Economic Zone Authority (PEZA); and
m. Mabuhay and Non-Mabuhay Lane, Department of Finance (DOF).

SEC. 6. Functions of the Technical Working Group. The Technical Working Group, reporting directly to the Steering Committee, shall be responsible for the following:

a) Implementation of policies and directives of the Steering Committee by coordinating the activities incumbent for the establishment, implementation, operation and monitoring of the NSW and ASW;

b) Identification of common definition/set of data to be able to standardize data, information and processes intended for integration;

c) Delineation of definitive roles and responsibilities of each participating agency;

d) Creation of a general conceptual framework, mechanisms and other information technology (IT) instruments necessary in the integration process ensuring data integrity and security; and

e) Conformity with all other instructions from the Steering Committee related to the effective and efficient implementation of NSW and ASW.

SEC. 7. Assistance from the ASEAN Secretariat. The Steering Committee and the Technical Working Group may seek the assistance of the ASEAN Secretariat in the establishment and implementation of the NSW to ensure a coordinated approach in the implementation of the ASW in all ASEAN member-states.

SEC. 8. Authority to Promulgate Rules and Regulations. The Steering Committee shall promulgate and issue rules, regulations and orders necessary to implement the purpose and provisions of this Executive Order.

SEC. 9. Repealing Clause. All other executive orders, issuances, rules and regulations or parts thereof which are inconsistent with this Executive Order are hereby repealed or modified accordingly.

SEC. 10. Effectivity. This Executive Order shall take effect immediately.

DONE in the City of Manila, this 27th day of December, in the year of Our Lord, Two Thousand and Five.

President of the Philippines

By the President:

Executive Secretary

Source: Malacañang Records Office

Office of the President of the Philippines. (2005). [Executive Order Nos. : 401 – 500]. Manila : Malacañang Records Office.