菲律宾出口促进法3 添加时间：2006-10-12 10:43:35 作者：admin ARTICLE III OTHER INCENTIVES SEC. 16. Incentives. - In addition to existing incentives provided by the Board of Investments, the following incentives shall likewise be granted to exporters: (a) Exemption from Presidential Decree No. 1853, provided that the importation shall be used for the production of goods and services for export. (b) Importation of machinery and equipment and accompanying spare parts which are used in the manufacture of exported products at zero percent (0%) duty for a period of three (3) years, until 1997. (c) Tax credit for imported inputs and raw materials primarily used for the production and packaging of export goods, which are not readily available locally, shall be valid for five (5) years. Provided, That the tax credit shall be issued within thirty (30) days from exportation. (d) Tax credit for increase in current year's export revenue computed as follows: The first 5% increase in annual export revenue over the previous year would mean a credit of 2.5% to be applied on the incremental export revenue converted to pesos at the current rate; ？ The next 5% increase would be entitled to a credit of 5.0%; ？ The next 5% increase would be entitled to a credit of 7.5%; ？ In excess of 15% would be entitled to a credit to 10%. Such tax credit is only granted for the years when the performance is achieved . Export revenues used in the calculation of such tax credits shall be subject to verification as prescribed under the implementing rulers and regulations. (e) For exporters of non-traditional products who use or substitute locally produced raw materials, capital equipment and/or spare parts, tax credits equivalent to twenty-five percent (25%) of the duties that would have been paid had these inputs been imported ; Provided, That this incentives would be available for a period of three (3) years upon effectively of this Act and can be extended for another three (3) years by the President upon the recommendation of the Secretary of Finance; Provided, further, That the Secretary of Finance, in consultation with the Export Development Council, shall prepare a list of non-traditional exports which are entitled to avail of this incentives: Provided, That these incentives shall be granted only upon; (1) the presentation of a Bureau of Export Trade Promotion (BETP) certification of the exporter's eligibility, in compliance with the minimum wage and SSS laws; and that (2) in the case of importation, the items imported shall be used exclusively for production of export goods. (f) In the interim, while the Eximbank is not yet established, government financial institutions (GFIs) including the Development Bank of the Philippines (DBP) , the Philippine National Bank (PNB) and the Land Bank of the Philippines shall extend credit facilities to be used for plant and equipment expansion purposes, among others. These credit facilities shall offer preferential and simplified credit schemes to exporters. SEC. 17. Negotiability - All tax credit herein provided shall be negotiable. ARTICLE IV TRANSITORY PROVISIONS SEC. 18. Appointment of private sector representatives - Upon the effectivity of this Act, the President of the Republic of the Philippines shall appoint the nine (9) private sector representatives to the Council who shall serve for a term of two (2) years . Thereafter, the determination of the private sector representatives shall be governed by Section 9 of this Act. SEC. 19. Funding of the Council - Upon the effectively of this Act, the budget granted to the old Export Development Council shall be transferred to the new Council created under this Act. Thereafter, such sums as may be necessary for its operation and maintenance shall be included in the annual General Appropriations Act. SEC. 20. Operation of the Council - the Council shall immediately function one (1) month after the approval of this Act. ARTICLE V CRIMINAL OFFENSES AND PENALTIES SEC. 21. Non-compliance of the mandatory provisions of this Act - Any person, entity, government instrumentality or institution, found to be willfully violating or grossly negligent in executing the mandates of this Act shall result in the expulsion from office of its chief executive and operating officers, as well as the responsible officers thereof. Notwithstanding any provision of law to the contrary, they shall likewise be prohibited from holding any government position for least two (2) years. ARTICLE VI ADMINISTRATIVE PROCEDURES AND SPECIAL CLAUSE SEC. 22. Implementing rules and regulations - The Secretaries of Trade and Industry and Finance, in consultation with the Council, shall formulate the rules and regulations to implement the provisions of this Act. SEC. 23. Separability clause - The provisions of this Act are hereby declare separable and in the event any of such provisions is declared unconstitutional, the other provisions which are not affected thereby shall remain in force and effect. SEC. 24. Repealing clause - All other laws, decrees, executive orders, administrative orders, rules and regulations or parts thereof which are inconsistent with the provisions of this Act are hereby repealed , amended or modified accordingly. SEC. 25. Effectivity - This Act shall take effect two (2) weeks after its publication in the Official Gazette or in at least two (2) national newspapers of general circulation in the Philippines, whichever comes earlier. This Act which is a consolidation of House Bill No. 12073 and Senate Bill No. 1863 was finally passed by the House of Representatives and the Senate on December 20, 1994. Approved: 21 December 1994