Exempting Donated Used Motor Vehicles to Local Government Units from The Prohibition on Importation of Used Motor Vehicles Under Article 2, Section 3 Of Executive Order No. 156 (S. 2002) Entitled "Providing For A Comprehensive Industrial Policy And Directions For The Motor Vehicle Development Program And Its Implementing Guidelines" And From The Imposition Of Specific Additional Duty Under Executive Order No. 418 (S. 2005) Entitled "Modifying The Tariff Nomenclature and Rates of Import Duty on Used Motor Vehicles Under Section 104 of The Tariff and Customs Code of 1978 (Presidential Decree No. 1464, as amended)"

MALACAÑANG
Manila

BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER No. 443 July 5, 2005

EXEMPTING DONATED USED MOTOR VEHICLES TO LOCAL GOVERNMENT UNITS FROM THE PROHIBITION ON IMPORTATION OF USED MOTOR VEHICLES UNDER ARTICLE 2, SECTION 3 OF EXECUTIVE ORDER NO. 156 (S. 2002) ENTITLED "PROVIDING FOR A COMPREHENSIVE INDUSTRIAL POLICY AND DIRECTIONS FOR THE MOTOR VEHICLE DEVELOPMENT PROGRAM AND ITS IMPLEMENTING GUIDELINES" AND FROM THE IMPOSITION OF SPECIFIC ADDITIONAL DUTY UNDER EXECUTIVE ORDER NO. 418 (S. 2005) ENTITLED "MODIFYING THE TARIFF NOMENCLATURE AND RATES OF IMPORT DUTY ON USED MOTOR VEHICLES UNDER SECTION 104 OF THE TARIFF AND CUSTOMS CODE OF 1978 (PRESIDENTIAL DECREE NO. 1464, AS AMENDED)"

WHEREAS, on 12 December 2002, the President issued Executive Order No. 156 in order to provide for a comprehensive industrial policy and directions for the motor vehicle development program of the government;

WHEREAS, Executive Order No. 156 (s.2002) bans the importation of all types of used motor vehicles and parts and components, subject to certain exceptions provided for therein;

WHEREAS, Executive Order No....

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Summary of Executive Order No. 443

Exemptions for Donated Used Motor Vehicles to Local Government Units

- Exempts donated used motor vehicles to local government units from the prohibition on importation of used motor vehicles under Executive Order No. 156 (s. 2002) and from the imposition of additional specific duty under Executive Order No. 418 (s. 2005). (Section 1 and 2)

- Conditions for exemption: (Section 1)
    - Used motor vehicles must be certified as roadworthy and emission compliant by country of origin.
    - Must be left-hand drive.
    - Excludes luxury vehicles, defined as:
        - Passenger car priced at P1,300,000 or more at time of acquisition.
        - Passenger car with engine displacement exceeding 2200cc (gasoline) or 3000cc (diesel).
        - Passenger van/pickup with engine displacement exceeding 2200cc (gasoline) or 3000cc (diesel).
        - Passenger wagon with engine displacement exceeding 1800cc (gasoline) or 2500cc (diesel).
        - Sport utility vehicle with engine displacement exceeding 2700cc (gasoline) or 3000cc (diesel).
    - Quantity must be reasonable based on population, area, and needs of local government unit.
    - Ownership cannot be disposed of within 5 years from importation.
    - Donation must be accompanied by a Deed of Donation naming the local government unit as donee.
    - Local government council must pass a resolution accepting the donation.

- Penalties for violation are provided in Section 5 of Executive Order No. 156 (s. 2002). (Section 3)

- Inter-Agency Committee on Used Trucks and Engines to issue implementing guidelines. (Section 4)

- Repeals inconsistent issuances. (Section 5)

- Effective 15 days after publication in at least two newspapers of general circulation. (Section 6)