MALACAÑANG

MANILA

BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER NO. 428

CREATING THE MULTI-SECTORAL TASK FORCE ON MARITIME DEVELOPMENT, DEFINING ITS POWERS AND FUNCTIONS AND FOR OTHER PURPOSES

WHEREAS, in the true spirit of people empowerment and participatory democracy, the private sector, which is the real engine of progress and the major stakeholder of the maritime industry, should be made active participants in the charting of its development blueprint;

WHEREAS, in order to address the pressing demands of global maritime competition, there is a need for the country to proactively respond to various international maritime conventions as part of manifesting its commitment and fulfilling its obligations to the international shipping community;

WHEREAS, the National Development Summit held on 8-9 June 1997 envisioned, among others, the launching of the Philippines as a maritime power in East Asia in the 21st century, by harnessing the vast potential of the maritime industry in the service of national economic development, thus making it a catalyst for growth of the nation’s industries, significantly generating employment, enhancing food security and alleviating poverty, especially among the coastal communities;

WHEREAS, there are problems presently besetting the Maritime Administration structure of the country, particularly, overlapping of functions among government agencies that perform maritime functions, programs and policies that are in cross purposes with each other which, oftentimes, hinder the growth and progress of the maritime industry and dissipate government resources;

WHEREAS, there is a need to firm-up the frame work and implement the immediate and short term measures, as well as formulate unified action plans identified in the economic summit workshop, in support of the vision to position the Philippines as a maritime power by the turn of the millennium;

WHEREAS, there is an urgent need to create a Multi-Sectoral Task Force to shepherd and fast-track strategic measures to pole-vault the country’s economy with respect to the vision of making the Philippines as a maritime power;

NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order that:

SECTION 1. Creation of a Multi-Sectoral Task Force on Maritime Development. There is hereby created a Multi-Sectoral Task Force on Maritime Development (MTFMD) under the Office of the President.

SECTION 2. Composition. The Task Force shall be composed of the following:

a) Secretary of Transportation and Communications
Chairman

b) Secretary of Socioeconomic Planning and Director-General, National Economic and Development Authority
Co-Chairman

c) Director-General, National Security Council
Vice-Chairman

d) Secretary of National Defense
Member

e) Secretary of Public Works and Highways
Member

f) Secretary of Energy
Member

g) Secretary of Interior and Local Government
Member

h) General Manager, Philippine Ports Authority
Member

i) Administrator, Maritime Industry Authority
Member

j) Commandant, Philippine Coast Guard
Member

k) Executive Director, Maritime Training Council
Member

l) Chairman, Commission on Higher Education
Member

m) Head of the Presidential Legislative Liaison Office
Member

n) Chairman, Professional Regulations Commission
Member

o) Director, Bureau of Coast and Geodetic Survey
Member

p) Representatives from the private sector representing the maritime academe, shipowners/employers, seafarers’ unions, bareboat charterers, manning agencies, shipbuilders, shippers associations and maritime technical organizations/consultancies
Member

The members of the Task Force may designate their duly authorized representatives. Such designated representatives shall have full powers to vote and act for, and in behalf of their principals, in any action to be taken by the Task Force unless their designation provides otherwise.

The Task Force, by a majority vote of all members, may replace past members and invite additional members whenever the circumstance so warrant. In addition, the decision of the Task Force to implement measures that is of paramount importance to the economic posture of the country specifically on issues of maritime concern, shall be made binding, after being voted upon by the majority of the members, and can only be rescinded by the President of the Philippines.

SECTION 3. Powers and Functions. The Task Force shall have the following powers and functions:

a. Prepare a programme of action and identify priorities to be adopted and implemented by the government and the private sector to carry-out the agreements of the National Development Summit Workshop on the vision to launch the Philippines as a maritime power in East Asia in the 21st century through the following:

i. review and evaluate existing plans, policies and programmes relating to the development of the maritime sector in the light of the above vision;

ii. recommend amendments and/or revision of existing laws and policies for the enactment of additional laws, rules and regulations and policies when warranted;

iii. conduct researches, studies and inquiries on the issues and implications to the Philippine maritime sector of relevant domestic and international developments;

iv. identification of private sector initiatives and technological innovations that will enhance our competitive advantages in both the regional and global markets.

b. Monitor, shepherd and fast-track the implementation of the programme of action, coordinating and consulting with the different concerned government agencies and private sector groups especially on urgent measures of major impact to the maritime sector i.e., inclusion of the Philippines in the International Maritime Organization (IMO) whitelist under STCW ’95, ratification of important maritime conventions, (MARPOL 73/78, U.N. Convention on Ships Registration, FAL Convention of 1964), re-engineering of the Maritime Administration structure of the country thru the transfer of the PCG from the DND to the DOTC, amendment of PD 97 as proposed, revision of maritime incentives, and other similar important and urgent maritime issues of great economic significance;

c. Enhance collaboration and build consensus among the various sectors that may be affected.

d. Create technical working groups as may be necessary to accomplish its function.

e. Adopt rules and guidelines to govern the internal affairs of the Task Force; and

f. Perform such other powers and functions as may be necessary to achieve the objectives of this order.

SECTION 4. Meetings and Quorum. The Task Force shall meet at least once every month or as often as may be necessary upon the call of the Chairmen.

The Task Force shall immediately convene upon the promulgation of this Executive Order to prepare and approve the Implementing Rules and Regulations for its effective implementation.

The presence of a majority of the members shall constitute a quorum and the vote of a majority of said quorum shall be sufficient for the approval of any action of the Task Force.

SECTION 5. Secretariat. The National Economic and Development Authority and the Department of Transportation and Communications, in collaboration with the private sector, shall establish and head a permanent Secretariat to provide technical and administrative support in the implementation of the programmes as formulated by the Task Force.

SECTION 6. Funding. The initial appropriations of three (3) million pesos shall be drawn from the budget allocation of the Office of the President. Subsequent appropriations shall be incorporated in the annual budget of the Department of Transportation and Communications as approved by both Houses of Congress.

SECTION 7. Honoraria. The Chairman of the Task Force shall establish a system of honoraria or allowances for the meetings of the members in accordance with existing accounting and auditing regulations.

SECTION 8. Repealing. All other laws, orders, issuances, rules and regulations or parts thereof, inconsistent with this order are hereby repealed or modified accordingly.

SECTION 9. Effectivity Clause. This Order shall take effect immediately.

DONE, in the City of Manila, on this 17th day of July in the year of our Lord, nineteen hundred and ninety-seven.

(Sgd.) FIDEL V. RAMOS

By the President:

(Sgd.) RUBEN D. TORRES

Executive Secretary

Source: CDAsia