07 May 2015 PRD Maximo, Mejiade’ Yr Administrator Maritime Industry Authority Parklew Piaza 964 Taft Ave, co. TM, Kalaw Ermita, Manila Dear Ph.D. Mejia: We write in view of the complaints of shippers, i.e. exporters, importers, and domestic traders, on excessive and unreasonable local shipping charges colected by the Intemational shipping lines. “The local shipping charges cefered to ara: container deposi fee, container cleaning fee, Container detention charge, por congestion surcharges, and the emergency cost recovery surcharge, Those local shipping charges collected due to port congestion have materially affacted the compettiveness ofthe local business. \We checked diferent laws pertaining tothe mandate of MARINA and there appears to be are legal basis for MARINA to regulate and determine the reasonableness of the local shipping charges of intemational shipping lines. We have enumerated said relevant laws (Annex A), a follows: P0474 - See. 2(0),(¢, Sec. $8), 8(0,(b), See B(K), and Sec. 12 (e) 0 125-A See, 12(a) and (h) RAQ9S15- 1, Seo. 20f RA S515 Memorandum Circular 186 Series of 2003 - tem 12). “Thank you for your appropriate action. POWAD. came ‘Ally. Vitoria Mario A. Dimagiba Undersecretary ce! suordam Agro Sos: Rane Anas, Se. Geary Lamina, ee. Linde Lind wineries rans aay one SGP ewe "Spe tc athe ham nenge aag SetoAnnex ‘A" PRESIDENTIAL DECREE NO. 474 PROVIDING FOR THE REORGANIZATION OF MARITIME FUNCTIONS IN THE. PHILIPPINES, CREATING THE MARITIME INDUSTRY AUTHORITY, AND FOR ‘OTHER PURPOSES. "Sectn 2. Declaration of Policies and Objectives. «itis hereby declared the policy of the Slate to sccelerate the intograted ‘evelopment of the maritime industry of the Philppines to attain the Fallowing objectives: (0) To provide for the economical, safe, adequate and ofcient shipment of raw materials, products, commodities and people; (6) To enhance the competive postion of Philipine fag vesseis In the cariage of foreign trade ‘Section 3. Definition of Terms. - The terms, 88 used, inthis Decroo, ‘shal have the following meaning, unless the conto ofthe particular ‘usage ofthe torm indcates otherwise (a) “Martime Industry’, bray fered to as “industry” inthe broadest ‘concept of the term. - All enterprises engaged in the business of designing, constructing, manufacturing, aoqulring, operating, Supplying, repairing and/or maintaining vessels, or component parts thereot of managing andor operating shipping lines, stevedorng, arrastre and customs brokerage services, shipyards, diydocks, marine railways, marine. repair_shops, shipping and eight forwarding ‘agencies and simier enterprises. (0) "Vessels" or Watercrat” - Any barge, lighter, bulk carer, passenger ship, freighter, tanker, conisiner ship, fishing boats or ther ‘rifica! contrivance utifzing any source of motive power, designed, tised or eapabla of being used as a moans of water transporttion ‘operating eer a8 common contract camir, including fishing vessels covered under Presidential Decree No. 43, excopt () those owned fandior operated by the Armed Forces of the Philippines and by foreign govemments for miltary purposes, and (i) bancas, sailboats ‘and other walerbome contrivance of less then three gross tons ‘capacity and not motorized. (6) Philippine national - A citizen of the Philppines; or a partnership ‘or association wholly owned by and composed of citzens of the Philippines; or a corporation organized under the laws of tho Philppines. of which at least sity percent of the capital stock ‘outstanding and ented (0 vote Is owned and held by Philippines ‘lizens, or @ trustee of funds for pensions or other empivyae ‘atramant or separation benefis, where the trustee is a Philippine rational and at least sity percent ofthe fund will acrue tothe benefitofthe Phillppne nationals: Provided, That whore a corporation and its rnon-Flipino stockholders own stock in an enterprise, at feast sixty ‘percent of the members of the governing board of both corporaions ‘must be Philippine nationals ‘Section 6. Powers and Furictions of the Board. - The Martime Industry Board shall have the following powers, functions anc dues, ‘among others: (W) To perform such acts as are proper and necessary to implement (his Decree. ‘Section 12. Specific Powers and Functions of the Administrator. In adton to his ganeral power and functions, the Administrator shal (6) Investigate by itslf or wth the assistance of other appropiate fovernment agencies or officials, or experts from the private sector, ‘any matter within ts jurisdiction, except marino casualties or accidents \which shall be underteken by the Philppino Coast Guard,” EXECUTIVE ORDER NO. 125.8 AMENDING EXECUTIVE ORDER NO. 125, ENTITLED “REORGANIZING THE MINISTRY OF TRANSPORTATION AND COMMUNICATIONS, DEFINING ITS. POWERS AND FUNCTION, AND OTHER PURPOSES” “section 12. Mantime Industry Authonty. The Maritime Industry Authoniy Is hereby retained and shall have the folowing functions: (@) Develop and formulste plans, policies, programs, projet Standards, (th) Determine, fx andlor preseribe charges and/or rates pertinent to the operation of publle water transport utes, feces and services ‘except in oases where charges or rales are established by Intemational bodies or associations of which the Philppines Isa ‘participating member or by bodies or associations recognized by the Philippine Government as the proper arbiter of such charges or rates." Republic Act 9515 [AN ACT DEFINING THE LIABILITY OF SHIP AGENTS IN THE TRAMP SERVICE AND FOR OTHER PURPOSES "Sec. 2 Liability of the Ship Agent, General Agent and Tame Agent = The responsibly oF fatty, i any, of the ship egent, {general agent and tramp agent shall continue fo be governed ty the pertinent provisions of the Code of Commerce: Provided, That m the ‘2280 of tramp agent, his lability shall not extend fo the obligations ‘assumed by the ship owner, charterer or carier with the shipper or receiver forthe goods canted by the shi; Providod, further, That tis‘the duty of the tramp agent, however, to assist the shipper or recelver in making cargo labiy claims against the ship owner, charterer or ‘carrier: Provided; finally, That faiure or inaction to’ perform the ‘aforesaid "duty ‘shail subject the tramp agent to applicable ‘administrative sanctions based on the Implementing Rules and Regulations (IRR) fo be formulated thereon by the Maritime Indvsty ‘Aulhonty (MARINA) under the Department of Transportation and ‘Communications (DOTC) and by the Philppine Shippers’ Bureau (PSB) under the Dopartment of Trade and Indust. MARINA CIRCULAR NO. 186 Sories of 2003 RULES ON THE ACCREDITATION OF MARITIME ENTERPRISES. 1 OBJECTIVES: 2, To regulate and supervise maritime enterprises with the end in view ‘of formulating policies and programs that will encourage investments in ‘martime-based activites thereby support the shipping industry.”