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Administrative Order No. 36, s. 2012


Published: 2012-12-04

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MALACAÑAN PALACE
MANILA

BY THE PRESIDENT OF THE PHILIPPINES

ADMINISTRATIVE ORDER NO. 36

CREATING THE NATIONAL ORGANIZING COUNCIL FOR THE PHILIPPINE HOSTING OF THE 2015 ASIA-PACIFIC ECONOMIC COOPERATION (APEC) MEETINGS, PRESCRIBING ITS AUTHORITY AND FUNCTIONS

WHEREAS, the Philippines, committed to the continued growth and development of the Asia-Pacific region through close and meaningful cooperation with the countries in the region, continues to be an active member-economy of the Asia-Pacific Economic Cooperation (APEC);

WHEREAS, the Philippine Council for Regional Cooperation (PCRC) was created by the President under Administrative Order (AO) No. 20 (s. 2011), to upgrade and reinforce inter-agency coordination in the formulation and consolidation of all positions and strategies of the Philippines as it participates in APEC and all other regional and inter-regional organizations and fora;

WHEREAS, the Philippines has agreed to host the 2015 APEC annual meetings, which include the APEC Senior Officials Meeting and Related Meetings, the APEC Ministerial and Sectoral Ministerial Meetings, and the APEC Economic Leaders Meeting;

WHEREAS, there is a need to constitute a separate National Organizing Council to manage and supervise all tasks and activities related to the Philippine hosting of APEC in 2015 and ensure a successful Philippine hosting; and,

WHEREAS, under Section 31, Chapter 10, Title III, Book III of the Administrative Code of 1987, the President has the continuing authority to reorganize the administrative structure of the Office of the President to achieve simplicity, economy and efficiency.

NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws do hereby order:

SECTION 1. Composition. An APEC-NOC is hereby constituted, composed of the following members:

Chairperson             :
Executive Secretary

Co-Chairperson      :
Secretary of Foreign Affairs

Members                   :
Secretary of Trade and Industry

Director-General of the National Economic and

Development Authority

Secretary of Budget and Management

Secretary of Finance

Secretary of Transportation and Communications

Secretary of Tourism

Secretary of Public Works and Highways

Secretary of the Interior and Local Government

Secretary of National Defense

Cabinet Secretary

Secretary of the Presidential Communications Operations

Office (PCOO)

Secretary of the Presidential Communications

Development and Strategic Planning Office

(PCDSPO)

National Security Adviser

Head of the Presidential Management Staff (PMS)

Chairperson of the Cultural Center of the Philippines (CCP)

Chairperson of the APEC 2015 – Private Sector Advisory

Council (APSAC)

The Local Chief Executives of Local Government Units (LGUs) selected to serve as the site of the APEC 2015 meetings may be invited as Special Members of the APEC-NOC and the APEC 2015 Committees.

The APEC-NOC Chairperson and the APEC 2015 Committee Heads may require the participation of the heads of other departments and/or agencies, government-owned or -controlled corporations (GOCCs), and invite LGUs, representatives from the private sector, and the academe, as may be deemed necessary.

SECTION 2. Authority and Functions of the APEC-NOC. In pursuit of its objectives and subject to existing laws, the APEC-NOC shall have the following authority and functions, consistent with Philippine laws and regulations:

a)    Approve and recommend to the President a Master Plan for the Philippine hosting of APEC in 2015, including an estimated budget for the proper hosting of the APEC meetings;

b)    Issue such administrative guidelines and instructions as may be necessary to achieve the objectives of this AO;

c)    Perform any and all acts and functions as may be deemed appropriate and necessary to ensure the proper functioning of the APEC-NOC, the Executive Committee, and the Committees, to advance the purposes of this AO, and to ensure the successful hosting of APEC in 2015; and,

d)    Submit periodic reports to the President throughout the duration of the APEC 2015 Hosting.

SECTION 3. Meetings of the APEC-NOC. The APEC-NOC Chairperson shall convene the meetings of the APEC-NOC regularly and as often as may be necessary to ensure proper coordination and implementation of the 2015 Hosting Master Plan and the individual Work Plans of its committees.

SECTION 4. Executive Committee. An Executive Committee (hereinafter referred to as the EXECOM) shall be established to serve as the full-time, day-to-day operations arm of the APEC-NOC to ensure that the programs, projects, and activities to be undertaken in preparation for the Philippine hosting of APEC in 2015 shall run continuously, smoothly, efficiently, and effectively.

The EXECOM shall be composed of representatives, with a rank not lower than Assistant Secretary, from the following agencies: the Department of Foreign Affairs (DFA), the Department of Budget and Management (DBM), the Department of Public Works and Highways (DPWH), the Department of the Interior and Local Government (DILG), the Department of Finance (DOF), the Department of Trade and Industry (DTI), the National Economic and Development Authority (NEDA), Office of the Executive Secretary, Office of the Cabinet Secretary, the Presidential Management Staff (PMS) and the Office of the National Security Adviser.

The EXECOM shall be chaired by the Director-General who shall be appointed by the President upon the recommendation of the Chairperson of the APEC-NOC. The Director-General shall have the rank of an Undersecretary and shall hold office for the duration of the preparations, event proper and conclusion of the APEC 2015.

SECTION 5. Authority and Functions of the EXECOM. The EXECOM shall perform any act, by majority vote of all its members, on such specific matters not otherwise within the exclusive competence of the APEC-NOC, and as may be delegated to it, such as:

a)    Manage the implementation and execution of the Master Plan upon approval by the President and supervise and monitor all activities related thereto;

b)    Call upon any official, employee, agency or instrumentality of the national or local governments for any assistance that may be necessary to carry out the purposes of this AO and to implement the Master Plan;

c)    Recommend to the APEC-NOC any necessary and proper modifications or improvements to the Master Plan to ensure the successful hosting of APEC 2015;

d)    Issue implementing rules and instructions necessary and appropriate to effectively execute the Master Plan; and,

e)    Submit periodic reports to the President, through the APEC-NOC Chairperson, throughout the duration of the APEC 2015 Hosting.

SECTION 6. Office of the Director-General and APEC Secretariat. There shall be an Office of the Director-General (ODG) which shall serve as the Secretariat of the APEC-NOC and the EXECOM. It shall be composed of a Core Staff, contracted for the duration of the preparations, event proper and conclusion of the APEC 2015, and complemented by personnel detailed from the member agencies of the EXECOM. The Director-General is hereby authorized to organize and hire the required staff complement for the Secretariat.

The funding requirements of the ODG for fiscal year 2013 to 2015 shall be determined by the APEC-NOC Chairperson in consultation with DBM, and sourced from the Contingent Fund and such other sources as may be identified by DBM, subject to existing budgetary rules and regulations.

SECTION 7. APEC 2015 Committees. APEC 2015 Committees are hereby established to assist the APEC-NOC in the pursuit of its objectives.

The APEC 2015 Committees shall be chaired by Secretaries or their duly designated Undersecretaries. The members shall be represented by Undersecretaries or Assistant Secretaries duly designated by their respective Heads of departments/agencies. The composition of the APEC 2015 Committees is enumerated in Annex A, which forms an integral part of this Order.

The APEC 2015 Committees shall be as follows:

a)    Committee on Security, Peace and Order, and Emergency Preparedness. The Security, Peace and Order, and Emergency Preparedness Committee shall be chaired by DILG and co-chaired by DND, and shall oversee and direct the overall security preparations, peace and order, and emergency preparedness and response, for all APEC 2015 Meetings hosted by the Philippines.

b)    Committee on Infrastructure. The Infrastructure Committee shall be chaired by DPWH and shall direct the overall improvement and maintenance of all Conference facilities and critical infrastructure, such as roads, bridges, ports, airports, including the availability of energy services (i.e. oil and electric power), and shall ensure their readiness for the APEC 2015 hosting.

c)    Committee on Transport and Logistics. The Transport and Logistics Committee shall be chaired by the DOTC and shall ensure the availability, efficiency, and security (in coordination with the Security Committee) of all transportation as well as the information technology security and infrastructure requirements for the APEC 2015 hosting and facilitate the safe and secure movement of persons, cargo, and equipment in all activities of the APEC 2015 hosting.

d)    Committee on Tourism and Cultural Promotion, Hospitality, and Site Enhancement. The Tourism and Cultural Promotion, Hospitality, and Site Enhancement Committee shall be chaired by DOT and shall manage and supervise all cultural events, tours, and the overall promotion of Filipino culture and tourism during the APEC 2015 hosting, in coordination with the Transport and Logistics Committee. The Committee shall also be in charge of beautification and cleanliness.

e)    Committee on Receptions and Related Events. The Receptions and Related Events Committee shall be chaired by DOT and shall be in charge of overseeing and/or organizing all receptions and related events in the course of the APEC hosting, including but not limited to, welcoming receptions, dinners, award ceremonies, informal programs, and other similar events.

f)      Committee on Spouses’ Program. The Spouses’ Program Committee shall be chaired by DOT and shall supervise and implement the spouses’ programs for the various APEC meetings and activities.

g)    Committee on Protocol. The Protocol Committee shall be chaired by the Office of the Presidential Protocol and shall be in charge of all arrangements of APEC ceremonials, socials, and related events, including arrival and departure of delegates, and shall be responsible for the proper observance and enforcement of all formalities, courtesies, and facilities under relevant Conventions and agreements during the APEC 2015 hosting.

h)    Committee on Finance, Budget, and Procurement. The Finance, Budget, and Procurement Committee shall be chaired by DBM and shall ensure the approval and timely release of the budget and address the procurement requirements coming from the various Committees for all activities and improvements needed for the APEC 2015 hosting, from the issuance of this AO to the successful conclusion of APEC 2015.

            All Committees shall coordinate with the Finance, Budget, and Procurement      Committee for their financial and procurement requirements. The Committee     shall also coordinate with the private sector, through the APEC 2015 – Private    Sector Advisory Council (APSAC) constituted under Section 9 of this AO, and secure the necessary private sector funding, wherever practicable, to support all             activities of the hosting.

i)      Committee on Business and Investment Promotion. The Business and Investment Promotion Committee shall be chaired by DTI and shall be responsible for engaging the international business community, investors, governments, and other parties and shall organize and supervise potential business and investment-related activities, including trade expositions and missions, investment roadshows, and other promotional activities.

j)      Committee on APEC Host Economy Priorities. The APEC Host Economy Priorities Committee shall be chaired by DFA and co-chaired by NEDA and DTI and shall formulate and advance the substantive themes, priorities, strategies, and the agenda of the Philippines as APEC host.

k)    Committee on Strategic Communications. The Strategic Communications Committee shall be chaired by the Presidential Communications Development and Strategic Planning Office (PCDSPO) and co-chaired by the Presidential Communications Operations Office (PCOO) and shall ensure the proper dissemination and management of public information regarding the APEC 2015 meetings, including the formulation of communication plans, provision of facilities for media, coverage of public events, and crafting of strategic messages.

l)      Committee on Conference Management. The Conference Management Committee shall be chaired by DFA and shall oversee and direct all activities and tasks related to the actual on-site management and operations of the APEC Senior Officials Meetings and the APEC Economic Leaders Meetings, including among others, the provision of conference services, information management, on-site technical secretariat and IT support, and movement of delegates.

The agency in charge of a particular Sectoral Ministerial Meeting or Working Group shall be responsible for conference management of its particular Sectoral Ministerial Meeting, in coordination with the Conference Management Committee.

The APEC 2015 Committees shall ensure communication, coordination, and cooperation with each other in the performance of their functions. Secretariat support for the individual APEC 2015 Committees shall be provided by the respective agencies of the Committee Chairs.

SECTION 8. APEC Hosting Master Plan. The APEC-NOC shall approve and recommend to the President a Master Plan for the Philippine hosting of APEC in 2015, including an estimated budget for the proper hosting of the APEC meetings, within sixty (60) days from the issuance of this AO.

The APEC 2015 Committees shall formulate and submit to the APEC-NOC their respective Work and Financial/Budget Plans and timelines within thirty (30) days from the issuance of this AO.

Upon approval of the Master Plan, the APEC 2015 Committees shall immediately implement the specific tasks and activities identified therein and shall provide regular reports and updates to the EXECOM.

SECTION 9. APEC 2015 – Private Sector Advisory Council (APSAC). The APSAC is hereby constituted which shall be composed of the three (3) Philippine Representatives to the APEC Business Advisory Council (ABAC) and other private sector representatives whom they may identify and invite, upon the approval of the APEC-NOC Chairperson. The President shall designate one of the Philippine Representatives to the ABAC as Chairperson of the APSAC, who shall sit as a Member of the APEC-NOC. The APSAC shall ensure that the private sector is made an active partner in the Philippine hosting of APEC 2015, through, inter alia, the setting-up of public-private partnerships to handle some of the hosting requirements.

SECTION 10. Coordination with the Philippine Council for Regional Cooperation (PCRC). The APEC-NOC shall consult and coordinate with PCRC which shall continue to be responsible in formulating Philippine positions on substantive matters related to APEC.

DFA shall continue to serve as the Philippine Senior Official for APEC, supported by the APEC National Secretariat.

SECTION 11. Human Resources and Focal Points. All departments, agencies, GOCCs, and other instrumentalities identified in this AO and/ or those whose participation is deemed necessary by the APEC-NOC or any of its Committees shall ensure the proper allocation of human resources devoted to the APEC hosting.

Each of the government agencies involved shall designate an internal APEC Hosting Team and a Focal Point, which shall be the point-of-contact for all communications and coordination related to the APEC hosting. Each team will submit regular reports on the status of their agency’s activities, or as required by the Committee Chairpersons.

SECTION 12. Funding. Financial requirements that may be needed by the APEC-NOC for fiscal years (FYs) 2012 and 2013 shall be charged against the available savings of the concerned agencies involved in this AO and/or shall be taken from any available sources as may be identified by DBM.

Appropriations for FYs 2014 and 2015 shall be incorporated in the budget proposals under the International Commitments Fund (ICF).

SECTION 13. Administrative Guidelines and Orders. The APEC-NOC and/or the EXECOM shall issue the necessary administrative and implementing rules and guidelines within the mandate and authority granted under this AO.

SECTION 14. Separability Clause. If any provision of this AO is declared invalid or unconstitutional, the other provisions unaffected shall remain valid and subsisting.

SECTION 15. Repealing Clause. All issuances, orders, rules, and regulations or parts thereof which are inconsistent with the provisions of this AO are hereby revoked and/or modified accordingly.

SECTION 16. Sunset Clause. The APEC-NOC and its Committees shall not convene any meetings not related to the hosting of the APEC 2015 Meetings. Furthermore, except for purposes of the settlement of obligations and other commitments to third persons incurred during the effectivity of this AO in preparation for the APEC hosting, and for purposes of winding-up its operations, the APEC-NOC, EXECOM, ODG, APEC 2015 Committees and all other bodies as may established pursuant to this AO, including the authority and functions of the Chairperson and the member-agencies herein, shall be functus officio within thirty (30) calendar days from the conclusion of the 2015 APEC Economic Leaders Meeting, and in any case not later than 31 December 2015.

SECTION 17. Effectivity. This AO shall take effect immediately, and shall remain in full force and effect until 31 December 2015.

DONE, in the City of Manila, this 28th day of November, in the year of our Lord, Two Thousand and Twelve.

(Sgd.) BENIGNO S. AQUINO III

By the President:

(Sgd.) PAQUITO N. OCHOA, JR.
Executive Secretary