EXECUTIVE ORDER NO. 193 August 2, 1994
CREATING THE WORLD TRADE ORGANIZATION ADVISORY AND ASEAN FREE TRADE ADVISORY COMMISSIONS, DEFINING ITS POWERS AND FUNCTIONS AND FOR OTHER PURPOSES
WHEREAS, on 15 April 1994, the Philippines was one among 111 countries that signed the Uruguay Final Art at Marrakesh, Morocco;
WHEREAS, pursuant to the terms of the Uruguay Round Agreement which is expected to take effect on 1 January 1995, the General Agreement on Tariff and Trade (GATT), shall then be known as the World Trade Organization (WTO);
WHEREAS, in view of the far-reaching effects of the Uruguay Round Agreement under the World Trade Organization, the Government recognizes the need to create a WTO Advisory Commission;
WHEREAS, the President issued Executive Order No. 38 (dated 27 November 1992) creating the ASEAN Free Trade Area Advisory Commission to ensure that the principles of just, equitable and sustainable development are incorporated in its studies and recommendations and to define the roles played by each sector in the attainment of its objectives;
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Executive Orders
Creating the World Trade Organization Advisory and Asean Free Trade Advisory Commissions, Defining Its Powers and Functions and For Other Purposes
Executive Order No. 193
Summary of Executive Order No. 193
Creation of the WTO/AFTA Advisory Commission (Sec. 1)
- Creates the WTO/AFTA Advisory Commission under the Office of the President.
Composition of the Commission (Sec. 2)
- Chaired by the Secretary of the Department of Trade and Industry.
- Co-chaired by a representative from the private sector appointed by the President.
- Members include Secretaries of various departments (Foreign Affairs, Finance, Agriculture, Transportation and Communications, Environment and Natural Resources, Labor and Employment, Agrarian Reform), Director General of NEDA, Press Secretary, Governor of Bangko Sentral ng Pilipinas, Head of the Presidential Legislative Liaison Office, and 11 representatives from the private sector (industry, agriculture, labor, banking, export, academe, research, and consumers).
- Members may designate authorized representatives with full voting powers.
- The Commission may replace past members and invite additional members by majority vote.
Powers and Functions of the Commission (Sec. 3)
- Prepare and implement a plan of action to comply with the Philippines' commitments to the Uruguay Round and ASEAN Free Trade Agreements by:
i. Reviewing and evaluating existing laws and policies (Sec. 3a.i).
ii. Conducting research and studies on the issues and implications (Sec. 3a.ii).
iii. Recommending amendments, revisions, or enactment of new laws, rules, regulations, and policies (Sec. 3a.iii).
iv. Identifying private sector initiatives and technological innovations to enhance competitive advantages (Sec. 3a.iv).
- Conduct an education and information campaign on the effects and implications of the Uruguay Round and ASEAN Free Trade Agreements, including publishing brochures, conducting seminars and workshops, and undertaking measures for wide dissemination of information (Sec. 3b).
- Coordinate and enlist assistance from government agencies and private sector representatives for the ratification of the Uruguay Round Agreement by the Senate and legislation of new laws or amendments by Congress (Sec. 3c).
- Enhance collaboration and build consensus among various affected sectors (Sec. 3d).
- Create sub-committees, task forces, and technical working groups as necessary (Sec. 3e).
- Adopt rules and guidelines to govern the internal affairs of the Commission (Sec. 3f).
- Perform other powers and functions necessary to achieve the objectives of the Order (Sec. 3g).
Meetings and Quorum (Sec. 4)
- The Commission shall meet at least once every month or as often as necessary upon the call of the Chairman.
- The first meeting shall be convened within 30 days from the promulgation of the Executive Order.
- A majority of members shall constitute a quorum, and the vote of a majority of the quorum shall be sufficient for approval of any action.
Secretariat (Sec. 5)
- The Commission shall establish a Secretariat headed by an Executive Director with the rank equivalent to a Department Assistant Secretary, appointed by the Chairman.
Executive Committee (Sec. 6)
- The Commission shall establish an Executive Committee to exercise powers and functions delegated by the Commission, composed of the Chairman, Co-Chairman, and members designated by the Chairman.
Relationship with the Philippine Council on ASEAN Cooperation-Cabinet (Sec. 7)
- The Commission shall report and submit studies, proposals, and recommendations on AFTA matters to the Philippine Council on ASEAN Cooperation at the Cabinet level.
- The Commission shall be represented at the PCAC-Cabinet and the PCAC-Technical Board for ASEAN Economic Cooperation.
Funding (Sec. 8)
- Initial appropriations shall be drawn from the President's Contingent Fund, subject to the President's approval.
- Succeeding appropriations shall be incorporated in the budget proposals of the Office of the President.
Dissolution of the AFTA Advisory Commission (Sec. 9)
- The AFTA Advisory Commission is dissolved, and its functions, budget, and personnel shall be absorbed by the Commission.
- The present structure, officials, and personnel of the AFTA Advisory Commission shall be kept intact as much as possible.
Separability Clause (Sec. 10)
- The provisions of the Order are separable, and if any provision or part thereof is declared unconstitutional, the other provisions or parts not affected shall remain in full force and effect.
Repealing Clause (Sec. 11)
- The provisions of Executive Order No. 38 (dated 27 November 1992) are modified and amended to conform to this Order.
- All other laws, orders, issuances, rules, and regulations or parts thereof inconsistent with this Order are repealed or modified accordingly.
Effectivity Clause (Sec. 12)
- The Order shall take effect immediately.
Creation of the WTO/AFTA Advisory Commission (Sec. 1)
- Creates the WTO/AFTA Advisory Commission under the Office of the President.
Composition of the Commission (Sec. 2)
- Chaired by the Secretary of the Department of Trade and Industry.
- Co-chaired by a representative from the private sector appointed by the President.
- Members include Secretaries of various departments (Foreign Affairs, Finance, Agriculture, Transportation and Communications, Environment and Natural Resources, Labor and Employment, Agrarian Reform), Director General of NEDA, Press Secretary, Governor of Bangko Sentral ng Pilipinas, Head of the Presidential Legislative Liaison Office, and 11 representatives from the private sector (industry, agriculture, labor, banking, export, academe, research, and consumers).
- Members may designate authorized representatives with full voting powers.
- The Commission may replace past members and invite additional members by majority vote.
Powers and Functions of the Commission (Sec. 3)
- Prepare and implement a plan of action to comply with the Philippines' commitments to the Uruguay Round and ASEAN Free Trade Agreements by:
i. Reviewing and evaluating existing laws and policies (Sec. 3a.i).
ii. Conducting research and studies on the issues and implications (Sec. 3a.ii).
iii. Recommending amendments, revisions, or enactment of new laws, rules, regulations, and policies (Sec. 3a.iii).
iv. Identifying private sector initiatives and technological innovations to enhance competitive advantages (Sec. 3a.iv).
- Conduct an education and information campaign on the effects and implications of the Uruguay Round and ASEAN Free Trade Agreements, including publishing brochures, conducting seminars and workshops, and undertaking measures for wide dissemination of information (Sec. 3b).
- Coordinate and enlist assistance from government agencies and private sector representatives for the ratification of the Uruguay Round Agreement by the Senate and legislation of new laws or amendments by Congress (Sec. 3c).
- Enhance collaboration and build consensus among various affected sectors (Sec. 3d).
- Create sub-committees, task forces, and technical working groups as necessary (Sec. 3e).
- Adopt rules and guidelines to govern the internal affairs of the Commission (Sec. 3f).
- Perform other powers and functions necessary to achieve the objectives of the Order (Sec. 3g).
Meetings and Quorum (Sec. 4)
- The Commission shall meet at least once every month or as often as necessary upon the call of the Chairman.
- The first meeting shall be convened within 30 days from the promulgation of the Executive Order.
- A majority of members shall constitute a quorum, and the vote of a majority of the quorum shall be sufficient for approval of any action.
Secretariat (Sec. 5)
- The Commission shall establish a Secretariat headed by an Executive Director with the rank equivalent to a Department Assistant Secretary, appointed by the Chairman.
Executive Committee (Sec. 6)
- The Commission shall establish an Executive Committee to exercise powers and functions delegated by the Commission, composed of the Chairman, Co-Chairman, and members designated by the Chairman.
Relationship with the Philippine Council on ASEAN Cooperation-Cabinet (Sec. 7)
- The Commission shall report and submit studies, proposals, and recommendations on AFTA matters to the Philippine Council on ASEAN Cooperation at the Cabinet level.
- The Commission shall be represented at the PCAC-Cabinet and the PCAC-Technical Board for ASEAN Economic Cooperation.
Funding (Sec. 8)
- Initial appropriations shall be drawn from the President's Contingent Fund, subject to the President's approval.
- Succeeding appropriations shall be incorporated in the budget proposals of the Office of the President.
Dissolution of the AFTA Advisory Commission (Sec. 9)
- The AFTA Advisory Commission is dissolved, and its functions, budget, and personnel shall be absorbed by the Commission.
- The present structure, officials, and personnel of the AFTA Advisory Commission shall be kept intact as much as possible.
Separability Clause (Sec. 10)
- The provisions of the Order are separable, and if any provision or part thereof is declared unconstitutional, the other provisions or parts not affected shall remain in full force and effect.
Repealing Clause (Sec. 11)
- The provisions of Executive Order No. 38 (dated 27 November 1992) are modified and amended to conform to this Order.
- All other laws, orders, issuances, rules, and regulations or parts thereof inconsistent with this Order are repealed or modified accordingly.
Effectivity Clause (Sec. 12)
- The Order shall take effect immediately.