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Jllatacanang ~anita

EXECUTIVE ORDER NO. 4_4-..:..3_

EXEMPTING-oONATED USED MOTOR VEHICLES TO LOCAL GOVERNMENT UNITS. FROM THE PROHIBITION ON IMPORTATION OF USED MOTOR VEHICLE~ UNDER ARTICLE 2, SECTION 3 OF EXECUTIVE ORDER NO. .. 156 (S.. 200i) -ENTITLED "PROVIDING FOR A COMPREHENSIVE INDUSTRIAL P(.JLICY AND . DIRECTIONS FOR THE MOTOR VEHICLE DEVELOPMENT PROGRAM AND ITS IMPLEMENTING GUIDELINES' AND FROM THE IMPOSmoN· Of SPECIFIC ADDITIONAL DU1Y UNDER EXECUTIVf: ORDER NO. 418 (S . . 2005) ENTITLED "MODIFYING THE . Ti'RIFF NOMENCLATURE AND RATES OF IMPORT DUTY ON USED MOTOR VEHICLES UNDER SECTION 104 OF THE TARIFF AND CUSTOMS f .. CODE OF 1978 {Pl?ESIDENTIAL DECREE NO. 1464, AS AMENDED)"

WHEREAS, on 12 December 2002, the President issued Executive Order Np. 156 in order to provide for a comprehensive industrial policy and directions for the motor. vehicle development program of the governf\lent;

WHEREAS, Executive 01der No. 156 (s. 2002) bans the

irn porta~ion

of 2:1 types of used · motor vehicles and parts and components, subject to certain e:
WHEREAS, on 4 April ·2005, the President issued ,Executive Qrd2r No. 1 ~~8 (s. 2005) which, among others,· imposes an additional specific dut:; of PSOO,OOO.OO on i:nportations of used motor vehicies listed therein;, . WHEREAS, budgeta1y constraints of !ocal governmen~ units prevent them from of ·motor vehicles t hat are esser·tial to the de!iverv of basic purchaslng sufficient number . services t o their respective aie.as;

.

WHEREAS, local government units should be encounged to !ook for ait~:.:rnative ways of procu ring moto1 vehicles that are. essential for the delivery of basic services to their constituents, incl uding procurem~nt of donations thereof from well-meaning and generous donors from other countries; WHEREAS, donations of used motor vehicles to local government uni~s wi!l be rendered nugatory if these local g6vemment units wi ll be required to pay c:dditior.al specific duty of P500,000.00 as provided under E.O. No. 418 (s. ~005); ·~ ·;Jl ·· · •. ) ·~-~.· : ~,..~_ .............~ !"!.>

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NOW; THEREFORE, I, GtORIA MACAPAGAL-ARROYO, President of the .Republic of the· Philippines, by virtue of the powers vested in me by law, do hereby order:

..

SECTION 1. Additional Exemption to the Ban on Importation of Used Motor Vehicles under Executive Order Ne. l56 (s. 2002). - To address the need for fast ahcf .efficient delivery of services and taking into conSideration their general budgetary co~straints, local government units are hereby allowed to import used motor vehicles thru. donation ...subject to the following conditions: • ~.!:

a. The used motor vehicles shall be certified as roadworthy and emission compliant by tre country of origin. ·The Certificate of Roadworthiness and Emission Compliance shall be in English or shall be accompanied by an English translation, if originally issued in a language other than English, and shall be duly authenticated by the Philippine Embassy or Commercial. Attache in the country of origin.

b.

'

The used motor vehicles must be left-hand drive.

c. The .vehicle classification shall not include luxunf vehicles. For purposes of this Executive Order, a luxury vehicle is defined as (a) any passenger motor vehicle priced .in the local market at P1,300,000.00 or more at the time of acquisition; or (b) any passenger motor vehicle with the following engine displacement specifications: (i) Car (sedan or . hatchback) with an engine disP.Iacement ·exceeding 2200. cc. if gasoline-fed or 3000 cc. if diesel-fed; (ii) Passenger van or pick-up with. an engine displacement exceeding 2200 cc if gasoline-fed or 3000 cc. if diesel-fed; (iii) Passenger wagon with a.n engine displacement exceeding 1800 cc. if gasoline-fed or 2500 cc. if diesel-fed; and (iv) Sport utility vehicle (SUV) with an engine displacement exceeding 2700 cc. if gasoline-fed or 3000 cc. if diesel-fed. d. The donated used motor vehicles must be in reasonable quantity taking into consideration the population, area and the needs of the local government unit concerned. e. Tl:le ownership and registration of the donated used motor . vehicles shall not be disposed of, either by public auction or negotiated sale, within five (5) years from the importation thereof. In case t he motor vehicle is sold within the five (5)-year period, · the purchasers or recipients shall be considered the importers thereof, and shall be liable for duties and taxes due thereon. f. The donation. shall be accompanied by a Deed of Donation naming the specific local government unit as donee.

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g. The Sangguniang Panlalawigan, Sangguniang Pangtungsod or Sangguniang Bayan concerned shall pass a resolution aco:~pting the donation .

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Additional Exemption from the Imposition of Additional Specific Duty under ~ection 1 of Executive Orde~418 (s. 2005) . .- In addition to· used motor vehicles specifically listed under Article 2, Section 3.1 of Executive Order No. 156 (s. 2002) as exempt from the· general import prohibition, qual ified importations by local government units under. this executive order shall not be tovE!req by the imposition of additional specific duty under Section 1 of .E_x ecutive Order No. 418 (s. 2005). · ·

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.., · SECTION 3. Penalty. - Used motor vehicles imported in violation of the provisions of this executive order shall be subject to the penalties provided for in Section f · xecutive Order Ncr 156 (s. 2002). ·

SECTION 4. Implementing Guidelines. - · The Inter-Agency Committee on Used Trucks and Engines created under Executive Order No. 782 (s. 1982), asam-e~ded,­ is hereby directed to formulate an i e the necessa amended uidelines to give effect to.this executive order. The I_nter-Agency Committee on Used Trucks ali Engines may enlist the assistance of other government agencies and/or private institutions in the ·effective implementation of this executive order. SECTION 5. Repealing ·Clause. -All executive issuances, or9ers, rules and regulations or parts thereof inconsistent with the provisions of this Executive Order are h·ereby repealed or modified accordingly. SECTION 6. Effectivity. - · This Executive Order shall take effect fifteen (15) days after publication in at least two (2) newspapers of general circulation in the Philippines. DONE in the City of Manila, this Sthday of Two Thousand and Five.

July

in the Year of our Lord,

By the P esident: - r v v / ...

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ED ARDO R. ERMITA Executive Secretary '

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EXCUTIVE ORDER NO. (EO#443 series of 2005).pdf

emission compliant by tre country of origin. ·The Certificate of Roadworthiness. and Emission Compliance shall be in English or shall be accompanied by an.
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