WHEREAS, Executive Order 376 was issued by Her Excellency President Gloria-Macapagal Arroyo on October 22, 2004, modifying the rates of import duty on certain imported articles under Section 104 of the Tariff and Customs Code of 1978 as amended, in order to implement Section 1 of Republic Act 9281, reinstating the effectivity of duty incentives under Section 109 of Republic Act 8435, otherwise known as the Agriculture and Fisheries Modernization Act of 1997;

WHEREAS, Section 2 of EO 376 (s. 2004) authorizes the Department of Agriculture and Department of Trade and Industry to collect administrative fees at minimal and reasonable costs to implement the provisions of this EO;

WHEREAS, Rule III, Annex A of EO 376 (s.2004) provides that agricultural and fisheries enterprises and micro-agricultural processors shall avail of the duty-free incentives provided that they undergo the certification procedures therein prescribed;

WHEREAS, Rule V, Annex A of EO 376 (s2004) provides that an import consolidator can undertake import services on behalf of eligible agriculture and fisheries enterprises by applying for a Certification of Accreditation (CA);

NOW, THEREFORE, I, ARTHUR C. YAP, Secretary of the Department of Agriculture, do hereby order the Department of Agriculture Regional Field Units (DA-RFUs) and the Bureau of Fisheries and Aquatic Resources (BFAR) to collect the fees to cover administrative costs in connection with the certification procedures prescribed under EO 376 (s2004);

SECTION 1. Application Fee for Certificate of Eligibility (CE) - A uniform rate of P1,500 (one thousand five hundred pesos) shall be collected from all agriculture and fisheries enterprises and micro-agricultural processors applying for a Certificate of Eligibility (CE).  The same rate of application fee shall apply for old and new applicants.

SECTION 2. Application Fee for Certificate of Accreditation (CA) - A uniform rate of P1,500 (one thousand five hundred pesos) shall be collected from all juridical entities applying for a Certificate of Accreditation to become accredited import consolidators.

SECTION 3. Fee for Certificate of True Copy - A fee of P750.00 (Seven Hundred Fifty Pesos) shall be charged per Certificate of True Copy of CE or CA issued by a DA deputized agency.

SECTION 4. Payments - Payments shall be made through the Cashier's Office of the respective offices of the DA-RFUs and BFAR, wherein a corresponding receipt will be issued to each Applicant.  Payment shall be made by Applicant upon presentation of order of payment to the Cashier's Office issued either by the Head of DA-AMAD in case of DA-RFUs, or Head of the Fisheries Regulatory and Quarantine Division in the case of DA-BFAR. Fees collected in connection with the implementation of the provisions of EO 376 (s2004) shall be remitted by the DA deputized agency to the National Treasury on a weekly basis.

SECTION 5. Review - The Department of Agriculture shall conduct an annual review of the rate of fees.

SECTION 6. Effectivity - This Order shall take effect fifteen (15) days after publication in a newspaper of general circulation or at the National Administrative Register of the UP Law Center.

Adopted: 2 Dec. 2004


(SGD.) ARTHUR C. YAP
Secretary