EXECUTIVE ORDER NO. 163, January 10, 2003

MODIFYING THE RATES OF IMPORT DUTY OF INFORMATION AND COMMUNICATIONS TECHNOLOGY (ICT) PRODUCTS UNDER THE TARIFF AND CUSTOMS CODE OF 1978 (PRESIDENTIAL DECREE NO. 1464, AS AMENDED), IN ORDER TO IMPLEMENT THE E-ASEAN FRAMEWORK AGREEMENT

WHEREAS, the e-ASEAN Framework Agreement signed on 24 November 2000 requires ASEAN Member States to eliminate duties and non-tariff barriers on intra-ASEAN trade on ICT products;

WHEREAS, the Agreement commits ASEAN members to an implementation schedule to achieve digital readiness for the region in order to develop the basis for ASEAN's competitiveness into the future, better the lives of their citizens through the application of information and communication technologies and foster the spirit of ASEAN community;

WHEREAS, Section 402 of the Tariff and Customs Code of 1978, as amended, empowers the President, upon the recommendation of the National Economic and Development Authority, to increase, reduce or remove existing protective rates of import duty, as well as to modify the form of duty.

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:

Section 1. The articles specifically listed in "Annex A" (Information and Communications Technology Products Granted Concession under the e-ASEAN Framework Agreement) hereof, as classified under Section 104 of the Tariff and Customs Code of 1978, as amended, shall be subject to the ASEAN Common Effective Preferential Tariff (CEPT) indicated in Column 4 of "Annex A". The ASEAN CEPT rates so indicated shall be accorded to imports coming from ASEAN Member States applying CEPT concession to the same product pursuant to Article 4 of the CEPT Agreement and its Interpretative Notes.

Section 2. In the event that any subsequent changes are made in the basic (MFN) Philippine rate of duty on any of the articles listed in "Annex A" to a rate lower than the rate prescribed in Column 4 of "Annex A", such article shall automatically be accorded the corresponding reduced duty.

Section 3. Products eligible for tariff concessions not listed in "Annex A" of this Executive Order, shall be subject to the ASEAN CEPT rates under Executive Order No. 49, Series of 2001, Executive Order No. 234, Series of 2000, Executive Order No. 254, Series of 2000, Executive Order No. 71, Series of 1999, Executive Order No. 487, Series of 1998, and Executive Order No. 453, Series of 1997.

Section 4. From the date of effectivity of this Executive Order, all articles listed in "Annex A" entered into or withdrawn from warehouses in the Philippines for consumption shall be imposed the rates of duty therein prescribed, subject to qualification under the Rules of Origin as provided for in the Agreement on the CEPT Scheme for the AFTA signed on 28 January 1992.

Section 5. All presidential issuances, administrative rules and regulations, or parts thereof, which are contrary or inconsistent with this Executive Order are hereby repealed or modified accordingly.

Section 6. This Executive Order shall take effect immediately following its complete publication in two (2) newspapers of general circulation in the Philippines.

Done in the City of Manila, this 10th day of January in the year of our Lord, Two Thousand and Three.

(Sgd.) GLORIA MACAPAGAL-ARROYO

By the President:

(Sgd.) ALBERTO G. ROMULO

Executive Secretary