MALACAÑAN PALACE
MANILABY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER No. 147
CREATING THE PHILIPPINE EXTRACTIVE INDUSTRIES TRANSPARENCY INITIATIVE
WHEREAS, Section 28, Article II of the Philippine Constitution states that subject to reasonable conditions prescribed by law, the State shall adopt and implement a policy of full public disclosure of all its transactions involving public interest;
WHEREAS, Section 2 of Republic Act No. 7942, or the “Philippine Mining Act of 1995,” provides that it shall be the responsibility of the State to promote the rational exploration, development, utilization, and conservation of the country’s mineral resources through the combined efforts of government and the private sector in order to enhance national growth in a way that effectively safeguards the environment and protects the rights of affected communities;
WHEREAS, pursuant to Section 14 of the Executive Order (EO) No. 79 (s. 2012), the Philippine government commits to participate in the Extractive Industries Transparency Initiative (EITI) that sets international standards for transparency and accountability in the extractive industries and in government;
WHEREAS, the Philippine government is...
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Executive Orders
Creating The Philippine Extractive Industries Transparency Initiative
Executive Order No. 147
Summary of Executive Order No. 147
Instituting the Philippine Extractive Industries Transparency Initiative (PH-EITI) (Section 1)
- Aims to ensure greater transparency and accountability in extractive industries, specifically in how the government collects and companies pay taxes.
Creation and Composition of the PH-EITI Multi-stakeholder Group (MSG) (Section 2)
- Headed by the Secretary of the Department of Finance (DOF) as Chairperson.
- Consists of:
- 5 Government Representatives chosen by the Mining Industry Coordinating Council (MICC).
- 5 Business Group Representatives.
- 5 Civil Society Organizations (CSOs) Representatives.
- Each sector can replace their representatives at any time through their own processes.
Terms of the Members of PH-EITI MSG and Meetings (Section 3)
- Members serve for a term of 3 years and may be re-appointed.
- Meets quarterly or as often as necessary, with quorum requiring 3 representatives from each sector.
- Decisions made by consensus.
Mandates of the PH-EITI-MSG (Section 4)
- Ensure sustained political commitment and mobilize resources.
- Set strategic direction for effective implementation.
- Assess and seek removal of barriers to implementation.
- Set the scope of the EITI process.
- Ensure integration with other government reform agendas.
Powers and Functions of the PH-EITI MSG (Section 5)
- Ensure stakeholder commitment to EITI implementation. (Section 5a)
- Define strategic direction and scope of EITI in the Philippines. (Section 5b)
- Craft, publish, review, and update a fully costed Country Work Plan. (Section 5c)
- Produce regular reports with contextual information about extractive industries. (Section 5d)
- Establish a mechanism for the EITI reconciliation process. (Section 5e)
- Select and appoint an independent administrator/auditor for reconciliation. (Section 5f)
- Direct and supervise the PH-EITI Secretariat. (Section 5g)
- Conduct outreach and capability-building of various sectors. (Section 5h)
- Perform other functions consistent with the Order and EITI Principles. (Section 5i)
PH-EITI Secretariat (Section 6)
- Composition determined by the Secretary of Finance in consultation with PH-EITI-MSG.
- Holds office in the DOF or other facilities determined by PH-EITI-MSG.
- Composed of administrative and technical personnel as deemed necessary.
- Creation of additional positions authorized in coordination with DBM.
Engagement of Consultants (Section 7)
- PH-EITI has authority to engage consultants or advisers as necessary.
Creation of PH-EITI Technical Working Group and Assistance to PH-EITI (Section 8)
- PH-EITI may create Technical Working Groups with government agencies, business sector, and CSOs.
- All agencies and representatives directed to extend assistance and cooperation.
Funding (Section 9)
- Initially charged against DOF budget, then included in DOF's annual budget.
- PH-EITI can receive, disburse, and manage financial aid or grants from foreign and domestic entities.
Separability and Repealing Clauses (Sections 10-11)
Effectivity (Section 12)
- Order takes effect immediately upon publication in a newspaper of general circulation.
Instituting the Philippine Extractive Industries Transparency Initiative (PH-EITI) (Section 1)
- Aims to ensure greater transparency and accountability in extractive industries, specifically in how the government collects and companies pay taxes.
Creation and Composition of the PH-EITI Multi-stakeholder Group (MSG) (Section 2)
- Headed by the Secretary of the Department of Finance (DOF) as Chairperson.
- Consists of:
- 5 Government Representatives chosen by the Mining Industry Coordinating Council (MICC).
- 5 Business Group Representatives.
- 5 Civil Society Organizations (CSOs) Representatives.
- Each sector can replace their representatives at any time through their own processes.
Terms of the Members of PH-EITI MSG and Meetings (Section 3)
- Members serve for a term of 3 years and may be re-appointed.
- Meets quarterly or as often as necessary, with quorum requiring 3 representatives from each sector.
- Decisions made by consensus.
Mandates of the PH-EITI-MSG (Section 4)
- Ensure sustained political commitment and mobilize resources.
- Set strategic direction for effective implementation.
- Assess and seek removal of barriers to implementation.
- Set the scope of the EITI process.
- Ensure integration with other government reform agendas.
Powers and Functions of the PH-EITI MSG (Section 5)
- Ensure stakeholder commitment to EITI implementation. (Section 5a)
- Define strategic direction and scope of EITI in the Philippines. (Section 5b)
- Craft, publish, review, and update a fully costed Country Work Plan. (Section 5c)
- Produce regular reports with contextual information about extractive industries. (Section 5d)
- Establish a mechanism for the EITI reconciliation process. (Section 5e)
- Select and appoint an independent administrator/auditor for reconciliation. (Section 5f)
- Direct and supervise the PH-EITI Secretariat. (Section 5g)
- Conduct outreach and capability-building of various sectors. (Section 5h)
- Perform other functions consistent with the Order and EITI Principles. (Section 5i)
PH-EITI Secretariat (Section 6)
- Composition determined by the Secretary of Finance in consultation with PH-EITI-MSG.
- Holds office in the DOF or other facilities determined by PH-EITI-MSG.
- Composed of administrative and technical personnel as deemed necessary.
- Creation of additional positions authorized in coordination with DBM.
Engagement of Consultants (Section 7)
- PH-EITI has authority to engage consultants or advisers as necessary.
Creation of PH-EITI Technical Working Group and Assistance to PH-EITI (Section 8)
- PH-EITI may create Technical Working Groups with government agencies, business sector, and CSOs.
- All agencies and representatives directed to extend assistance and cooperation.
Funding (Section 9)
- Initially charged against DOF budget, then included in DOF's annual budget.
- PH-EITI can receive, disburse, and manage financial aid or grants from foreign and domestic entities.
Separability and Repealing Clauses (Sections 10-11)
Effectivity (Section 12)
- Order takes effect immediately upon publication in a newspaper of general circulation.