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Bataan (A.F.A.B.)
Group IV- B318
CHAPTER 1: The problem and it’s Background
FREE PORT ARE OF BATAAN (FAB/AFAB)
(BACKGROUND)
In 1972, the Bataan Export Processing Zone (BEPZ) became the first
official economic zone in the Philippines (thru Republic Act 5490 or
1969). The BEPZ was one of the most progressive communities in Luzon
during its first decade of operation.
The area attracted over one hundred multinational locators, Despite the
economic activity and growth in the area brought about by the
development of Subic and Clark in the 1990’s, the development in the
BEZ stagnated and then declined rapidly to put a halt to the decline of the
BEZ and to allow the zone to fulfill its original mandate to become a
catalyst for progress and development in the region and to create
employment and livelihood opportunities for the people, Congress passed
the Freeport Area of Bataan (FAB) Act (Republic Act 9728), which was
enacted into law in October 2009.
The objective of the AFAB is to revive the area and expand the Freeport.
To accomplish these objectives, the Freeport seeks to attract more locators
in the manufacturing, Business Process Outsourcing (BPO), electronics
industries and green industries, among others. It is also seeking investors
to boost its tourism capabilities by refurbishing its existing recreational
facilities. The AFAB is also targeting new investors to build hotels,
entertainment establishments, duty free shops, resorts, team-building
facilities, and sports facilities, among others, to encourage the influx of
local and foreign tourist. It also hopes to attract a medical center to the
Freeport with a view towards medical tourism. Finally, it aims to
encourage universities and colleges to locate in the area, to create and
sustain a talent pool that can service the human resource needs of the
locators.
2. Based on the gathered facts in Manila times issued last January 10,2016
the AFAB is really undergoing on illegal gambling inside the Freeport.
(No wonder that the AFAB is one of the fastest growing Freeport in the
Philippines).
3. Based on the gathered facts in Manila times issued last January 10,2016
the AFAB did violate R.A 9728 or the Freeport of Bataan Act of 2009,
Based on R.A 9728 “operate on its own, either directly or through a
license, other tourism-related activities, including games, amusements,
recreational and sports facilities, subject to the approval and supervision
of the Philippine Amusement and Gaming Corp. (Pagcor), Cagayan
Economic Authority Zone (CEZA), and Aurora Pacific Economic Zone
and Freeport Authority (APECO).
4. Based on the gathered facts in Manila times issued last January 10,2016
they are issuing VISA to the Chinese, and they violating R.A 7916 or
the Special Economic Zone Act of 1995 Rule XXII(12) Section 3. Sub
Section e.)Acceptance of work for compensation outside the
ECOZONE without the approval of the PEZA.
Fourteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty seventh day of
July, two thousand nine.
Section 1. Short Title. - This Act shall be known as the "Freeport Area of
Bataan (FAB) Act of 2009.
(c) The FAB may establish mutually beneficial economic relations with
other entities or enterprises within the country or with foreign entities or
enterprises;
(f) The FAB shall provide incentives such as tax and duty - free
importations of raw materials, capital and equipment to registered
enterprises located therein, However, exportation or removal of goods
from the territory of the F AB to the other parts of the Philippine territory'
shall be subject to customs duties and taxes under the Tariff and Customs
Code of the Philippines, as amended, and the National Internal Revenue
Code (NIRC) of 1997, as amended;
(g) The areas comprising the FAB may be expanded or reduced when
necessary, For this purpose, the F AB Authority which will be created
under this Act, with the concurrence of the local government units
(LGUs), in accordance with existing laws and local ordinances shall have
the power to acquire either by purchase, negotiation or condemnation
proceedings, any private lands within or adjacent to the FAB for the
following purposes: (1) consolidation of lands for FAB development; (2)
acquisition of right of way to the F AB; and (3) the protection of
watershed areas and the maintenance and improvement of its water Yield
and natural assets valuable to the prosperity of the FAB, the management
of solid and water waste and its impact to adjacent areas within the local
government concerned.
The LGU and the FAB shall provide for a mechanism to address
inappropriate exploitation of the natural environment and disruptive land
use within the jurisdiction of the FAB;
(h) Goods manufactured by the FAB enterprise shall be made available for
immediate retail sale in the domestic market, subject to the payment of
corresponding taxes on raw materials and other regulations that may be
formulated by the FAB Authority, together with the Philippine Economic
Zone Authority (PEZA), the Bangko Sentral ng Pilipinas (BSP), the
Department of Finance (DOF), the Bureau of Customs (BOC) and the
Department of Trade and Industry (DTI) in accordance with the NIRC of
1997, as amended, and the Tariff and Customs Code of the Philippines, as
amended, However, in order to protect the domestic Industries, a negative
list of industries shall be drawn up and regularly updated by the PEZA.
Enterprises engaged m industries included in such negative list shall not be
allowed to sell their products locally; and
The defense of the FAB and the security of its perimeter fence
shall be the responsibility of the National Government m
coordination with the FAB Authority and the LGUs.
Section 12. Principal Office of the AFAB. - The AFAE shall maintain its
principal office in the Municipality of Mariveles, Province of Bataan, but
it may establish liaison offices within the Philippines as may be necessary
for the proper conduct of its business.
Section 13. Powers and Functions of the AFAB. - The AFAB shall have
the following functions:
Section 14. Board of Directors of the FAB. - The powers of the AFAB
shall be vested in and exercised by a Board of Directors, hereinafter
referred to as the Board, which shall be composed of the following:
The chairman and the members of the Board, shall be appointed by the
President of the Philippines to serve for a term of six (6) years, unless
sooner separated from service due to death, voluntary resignation or
removal for cause. In case of death, resignation or removal for cause, the
replacement shall serve only the unused portion of the term.
Except for the representatives of the business and labor sectors, no person
shall be appointed by the President of the Philippines as a member of the
Board unless he is a Filipino citizen, of good moral character, of proven
probity and integrity, and a degree holder in any of the following fields:
economics, business, public administration, law, management or their
equivalent, and with at least ten (10) years relevant working experience
preferably m the field of management or public administration.
The members of the Board shall each receive per diem at rates to be
determined by the Department of Budget and Management (DBM) in
accordance with existing rules and regulations: Provided, however, That
the total per diem collected each month shall not exceed the equivalent per
diem for four (4) meetings.
Section 15. Powers and Duties of the Chairman-Administrator. - The
chairman - administrator shall have the following powers and duties:
The officers and employees of the AFAB, including all members of the
Board, shall not engage directly or indirectly in partisan activities nor take
part in any election, except to vote.
No officer or employee of the AFAB, subject to civil service laws and
regulations, shall be removed or suspended except for cause, as provided
by law.
Section 17. Labor Center. - A labor center shall be established within' the
FAB. This center shall be responsible for studying and amicably settling
professional and labor relations and disputes, interpretation of employment
contracts, and monitoring work, hygiene and safety standards within the
FAB. The labor center shall comprise a labor office, an industrial health
and safety office, and an inspection and disputes office.
Section 18. Banking Rules and Regulations. - Existing banking laws and
rules/regulations of the BSP shall apply to banks and financial institutions
to be established in the FAB.
Section 25. Legal Counsel. - The AFAB shall have its own internal legal
counsel under the supervision of the Government Corporate Counsel.
When the exigencies of its businesses and operations demand, the AFAB
may engage the services of an outside counsel either on a c a s e - t o - c a
s e or on a fixed retainer basis.
Section 27. Audit. - The Commission on Audit shall appoint a full - time
auditor in the AFAB or may assign such number of personnel as may be
necessary in the performance of their functions.
In the period prior to the actual assumption of duties by the AF AB, all
officers and employees of the BEZ shall continue to exercise their
functions and discharge their duties and responsibilities. The BEZ shall be
deemed abolished upon the organization of the AF AB.
Section 29. Implementing Rules and Regulations. - The DTI, the DOF, the
LGU and the Department of the Interior and Local Government shall
formulate the implementing rules and regulations of this Act within ninety
(90) days after its approval. Such rules and regulations shall take effect
fifteen (15) days after their publication in a newspaper of general
circulation in the Philippines.
Section 30. Separability Clause. - If any provision of this Act shall be held
unconstitutional or invalid, the other provisions not otherwise affected
shall remain m full force and effect.
Section 31. Repealing Clause. - Republic Act No. 5490 and Presidential
Decree No. 66 are hereby amended. All laws, executive orders or
issuances or any part thereof which are inconsistent herewith are hereby
repealed or amended accordingly.
Section 32. Effectivity Clause. - This Act shall take effect upon its
publication in at least one (1) newspaper of general circulation.
Approved,
Required documents:
for importers Businesses importing into the Philippines must provide the
following documents when their goods arrive:
Packing list;
Invoice:
Bill of lading;
Import Permit;
Customs Import Declaration; and
Certificate of Origin.
Additional documents for certain imports, Importers bringing in animals,
plants, foodstuff, medicine or chemicals must additionally obtain a
Certificate of Product Registration from the Philippines’ Food and Drug
Administration.
Movement of Goods:
Within the Zone:
Free Zones shall have the responsibility to monitor the movement of
goods within the Free Zone where the goods were admitted, provided that
the Free
Zones shall share such information with the Bureau.
Into and From Free Zones:
Transfer of Goods from one Free Zone into another Free Zone shall be
covered by the necessary Transit permit.
Withdrawal of Goods from Free Zones:
Imported Goods shall be withdrawn from the Free Zone for Entry to the
Customs Territory when the Goods Declaration is electronically lodged,
together with required documents at the time of the withdrawal from the
Free Zone upon payment of appropriate duties and taxes, if any. If the
goods declaration is not lodged electronically or manually, the imported
goods shall not be transferred to the warehouse of the Free Zone Locators.
Payment:
Client, proceed to cashier to payment.
-BPLO Staff: Accept and process payment for issuance of OR.
Releasing:
Client, proceed to mayor’s office and present O.R and get the Mayor’s
Permit/Business Permit.
-BPLO Staff: Issue’s mayor’s permit/business permit (1 signatory)
(f) The FAB shall provide incentives such as tax and duty - free
importations of raw materials, capital and equipment to registered
enterprises located therein, However, exportation or removal of
goods from the territory of the F AB to the other parts of the
Philippine territory' shall be subject to customs duties and taxes
under the Tariff and Customs Code of the Philippines, as amended,
and the National Internal Revenue Code (NIRC) of 1997, as
amended;
The LGU and the FAB shall provide for a mechanism to address
inappropriate exploitation of the natural environment and disruptive
land use within the jurisdiction of the FAB;
(i) The defense of the FAB and the security of its perimeter fence
shall be the responsibility of the National Government m
coordination with the FAB Authority and the LGUs.
Summary of Data
Based on the gathered facts in Manila times issued last January 10, 2016.
AFAB, under board chairman and administrator Deogracias G.P.
Custodio, has allegedly allowed the freeport to become a hub for illegal
online gambling operations.
The AFAB authorized the Grand Innovasia Concept Corp., a locator, as a
“master licensor” of online international casino operators
Under R.A 9728 “operate on its own, either directly or through a license,
other tourism-related activities, including games, amusements, recreational
and sports facilities, subject to the approval and supervision of the
Philippine Amusement and Gaming Corp. (Pagcor), Cagayan Economic
Authority Zone (CEZA), and Aurora Pacific Economic Zone and Freeport
Authority (APECO)”
Based on the gathered facts in Manila times issued last January 10, 2016
they are issuing VISA to the Chinese, and they violating R.A 7916 or the
Special Economic Zone Act of 1995 Rule XXII(12) Section 3. Sub Section
e.)Acceptance of work for compensation outside the ECOZONE without
the approval of the PEZA..
They were issuing VISAs to the Chinese to work as call center agents or
customer service representatives to this illegal gambling establishments.
CHAPTER 5: Summary, Conclusion,
Recommendation and References
Summary
In 1972, the Bataan Export Processing Zone (BEPZ) turned into the main
authority financial zone in the Philippines (through Republic Act 5490 or
1969). The BEPZ was a standout amongst the most dynamic groups in
Luzon amid its first decade of activity. The zone pulled in more than one
hundred multinational locators, Despite the monetary action and
development in the region achieved by the advancement of Subic and
Clark in the 1990's, the improvement in the BEZ stagnated and afterward
declined quickly to put a stop to the decay of the BEZ and to enable the
zone to satisfy its unique command to wind up an impetus for advance and
improvement in the district and to make business and employment open
doors for the general population, Congress passed the Freeport Area of
Bataan (FAB) Act (Republic Act 9728), which was ordered into law in
October 2009. The Authority's endeavors to meet the requests of an
exceedingly focused worldwide ventures condition made the FAB the
quickest developing Freeport in the nation.
It values its very gifted labor pool, fit for supporting activities in
assembling, semiconductors and electronic, shipbuilding, coordination,
BPO, vitality and tourism. The free port region of Bataan (FAB/AFAB) is
situated inside the municipality of Mariveles in the territory of Bataan in
the Philippines with an aggregate land zone of 1,691.55 hectares. It is open
via land, ocean and air. The Freeport is under the organization of the
Authority of the Freeport of Bataan (AFAB). The FAB was initially
planned as an Export Processing Zone. Its current foundations incorporate
11 Standard Factory Buildings (SFB) with three stories each, and an
aggregate working zone of 8,352 sqms. Per SFB.
Conclusion
Recommendation
Bataan Gov. Abet Garcia has elucidated that web based betting is
permitted in the region by righteousness of the order given to the
Authority of Freeport Area of Bataan (AFAB) to work its own particular
betting gambling clubs, web based gaming and other tourism-related
exercises. Garcia, a previous congressman, is the vital creator of Republic
Act 9728 that made the AFAB.
Under the updated executing standards and controls of R.A. 9728, AFAB
can "control individually, either specifically or through a permit to other
tourism-related exercises, including diversions, entertainments, betting
gambling clubs, horse dashing and canine hustling, recreational and sports
offices, subject to endorsement and supervision of PAGCOR, which
endorsement must not be absurdly witheld… "
GICC is the elite ace licensor working a web based gaming inside Bataan
Freeport. Pineda, as far as it matters for him, focused on that the
occurrence has influenced their locators and future financial specialists and
"making strain, fears, anexiety and vulnerability."
Pineda said they have gotten data in regards to an approaching assault by
specialists to web based gaming administrators, saying this is a genuine
issue that made worry locators. (Blemish SUPNAD)
References:
http://invest.bataan.gov.ph
https://www.aseanbriefing.com/news/2017/06/23/imp
ort-and-export-procedures-in-the-philippines-best-
practices.html
http://customs.gov.ph/wp-
content/uploads/2014/04/Free-Zones-and-
Transit.pdf
http://invest.bataan.gov.ph/ease-of-doing-
business/business-registration-licensing-procedure/
http://www.manilatimes.net/illegal-online-casinos-
swamp-bataan-freeport/238306/
B318
GROUP #4:
I learned that the PEZA is different from the ordinary port of entry, I thought that all
the documents used in the ordinary port of entry is used also in a PEZA locator, and they
have also so called ETAPS short for Electronic Transit Admission Permit System an Import
process which is a web-based system that allows locators online preparation and single
submission of admission permit application in lieu of the current Import Permit, BOC Import
Entry Declaration and other documents such as warehouse entry, transshipment and other
documents and if they have ETAPS for Import transaction they also have AEDS short for
Automated Export Documentation System, an Export process which is also an electronic
web-based system for the filing and processing of export documents of Ecozone Export
Enterprises (EEEs) and Ecozone Logistics Service Enterprises (ELSEs) with an online
facility for payment of Export Processing Fee (EPF) using an auto-debit cash advance
scheme. It’s so amazing how they manage to use electronics and how highly skilled they are
when it comes to processing documents just like other port of entry but PEZA is one of the
fastest growing Freeport in the country because of their highly skilled manpower pool and
they are also capable of supporting operations in manufacturing, semiconductors etc. I was so
lucky that I have participated in this kind of tour/research because I’ve learned a lot of things
and the things I learned can help me for my future job.
Angelica Rose Sibal
B318
The Philippine Economic Zone Authority (PEZA) is a Department of Trade and industry
agency tasked to perpetually flip the Philippines into a principal destination for investments.
It promotes the countrys aggressiveness by facilitating the business operations of foreign
entities in export-oriented producing and service facilities inside the Special Economic
Zones. it's underneath The Special Economic Zone Act of 1995 or RA 7916 with the goal of
encouraging and promoting the institution and development of economic zones (ecozones) in
known and designated areas within the country.
Export enterprises within the Philippines like outsourcing and offshoring operations that area
unit in hand by foreign firms will value more highly to register with PEZA. The Philippine
government offers edges and incentives within the kind of tax holidays and exemptions to
encourage investment. Tax incentives generally rely on the geographic location of a business.
Being licenced by PEZA opens the door for businesses to not solely thrive, but to require
advantage of the benefits that would save them cash.
PEZA registration typically takes twenty one days from the submission of documentary
necessities. However, it depends on the supply of the board and if all the specified and
necessary documents were provided.
Kimberly Penero
B318
First, I never expected myself to go in AFAB's location and to have that as an opportunity to
hear the seminar for a research purposes. From there, I learned about AFAB's background,
their main functions, their methods and processes, their policies, the different requirements
together with the legal basis and the different benefits that I can get if I'm a registered
enterprise operating within the AFAB. Second, I was so touched slowly knowing that AFAB
is not only performing to actively encourage, promote, induce and accelerate a sound and
balanced industrial, economic and social development of the country in order for providing
jobs to the people especially those in the rural areas, but also they increase productivity and
individual and family income for the improvement of level and quality of living condition
through the establishment, among others, of special economic zones in suitable and strategic
locations in the country. Through that, it is the way and measures to attract legitimate and
productive foreign investments. Lastly, while we're in our tour in AFAB, I realized that there
are different types of taxes and incentives that we may receive if we are a registered
enterprise there. I was also amazed that I saw different stages or types of rocks and sands in
the said facility/warehouse/yard because for all of my life, I didn't know that our country can
really export/re-export rocks or sands to others countries. I thought we are creating our own
rocks and sands, since we've been using mining for years now because our country is rich in
natural resources. I'm very thankful for the knowledge we gathered from the tour and to
research we conducted also we got to see the glimpse of what it looks like within AFAB.
Prada, Christian Lorenz A.
B318
In 1972, the Bataan Export Processing Zone (BEPZ) became the first official economic zone
in the Philippines (thru Republic Act 5490 of 1969). The BEPZ was one of the most
progressive communities in Luzon during its first decade of operation. The area attracted over
one hundred multinational locators. Despite the economic activity and growth in the area
brought about by the development of Subic and Clark in the 1990s, the development in the
BEZ stagnated and then declined rapidly. BEZ and to allow the zone to fulfil its original
mandate to become a catalyst for progress and development in the region and to create
employment and livelihood opportunities for the people, Congress passed the Freeport Area
of Bataan (FAB) Act (RA 9728), which was enacted into law in October 2009. This Act
converted the BEZ into the FAB, a special economic zone and Freeport with a dedicated
governing authority, the Authority of the Freeport Area of Bataan (AFAB).
I learned AFAB’s background their functions, the methods and processes in documentation
and their policies. The AFAB has its own documentary processes they have ETAPS or
Electronic Transit Admission Permit System for import and it is web-based system. They
give incentives to their investors. AFAB promotes economic and social development for the
country. The Philippine government offers edges and incentives within the kind of tax
holidays and exemptions to encourage investment. Tax incentives generally rely on the
geographic location of a business, AFAB is one of the fastest growing Freeport in the country
because of their highly skilled manpower and manufacture good.
Marc Sobrevega
B318
"Our visit/tour in AFAB has shown us the many possibilities for Pilipino business
opportunities towards exportation and importation. Many laws were approves or amended for
the goal of investment in the Philippines and give Pilipino employment, however for one to
gain such benefits one must also follow the requirements needed to gain such incentives. It’s
not as simple as just filing a simple form but must show the trust needed. AFAB also show us
the needed documentation for such importation and exportation, incentives to its clients, and
its history and importance to the economic world in the Philippines. I have learned that as a
Bachelor of Science in Customs Administration Student for an effective and sufficient
business like a Freeport zone it does not require the knowledge of memorizing documents or
laws but the proving of one’s faith and good moral character in such profession."
Jayar Quimirista
B318
(WIFM) What’s in It for Me? Authority of the Free Port Area of Bataan/ AFAB
: AFAB tour really help me to learn more about Free Port Zone, specially the history of
Bataan Export Processing Zone (BEPZ) and how it turned to be AFAB. This tour helps me to
know the opportunities that Free Port gives to its clients, the incentives given by the AFAB
really helps those manufacturers to grow and how different commodities being imported and
exported from the AFAB. At first I don’t really have the knowledge about Free Port and
Special Economic Zone but after the Free Port tour it really gave me a lot of knowledge about
it and it definitely help me to understand the topic in Customs. During the AFAB tour they
also illustrated the specific procedures and the documentary requirements or forms for
commodities being imported or exported by a particular industry. Overall AFAB Tour
exceeded my expectations, I thought that I would be hard for me to understand about how
they process or do the specific procedure and the different types of document to produce but I
was wrong. It was great we were learning in that moment specially when we asked the
speaker about our question regarding AFAB.
Ashley Sollano
B318
PEZA or Philippine Economic Zone Authority is attached to the Department of Trade and
Industry and also PEZA is the Philippine government agency tasked to promote investments,
grant incentives to and facilitate the business operations of investors in export-oriented
manufacturing and service facilities inside selected areas throughout the country.
AFAB ( Authority of free port area of BATAAN) the former BEPZ ( BATAAN Export
Processing Zone) it is the first official economic zone in the philippines established in year
1977 and it is one of the fastest growing freeport in the Philippines. What I’ve learned is that
AFAB provides more job opportunities to the resident of BATAAN . AFAB ensure that the
people avail the benefits from the continuous growth of the local economy. I can say that last
seminar i learned or it gives me an idea about their history and what are different the permit
and the required documents needed to transfer goods from custom custody to Afab , to
transfer, sell and etc. They discuss their main process, power and functions example To adopt
,alter, use a corporate seal,to contract lease ,buy ,sell, acquire , own and dispose properties of
whatever nature and also they issue certificates of origin for products manufactured or
processed.
I learn many things when we went to Authority Freeport Area of Bataan (AFAB) including
their history because in 1972 the Bataan Export Processing Zone became the first official
economic zone in the Philippines and it is one of the most progressive communities in Luzon.
The authority’s efforts to meet the demand of highly competitive global investments
environment that made them the fastest growing Freeport in the country and also it prides
itself in its highly skilled manpower pool, capable of supporting operations in manufacturing,
semiconductors and electronic, ship building, logistics, Business Processing Outsourcing,
energy tourism. The Freeport Area of Bataan designed as an Export Processing Zone which
they have the power to operate on its own, or to license, tourism-related enterprises, including
games, gambling casinos, horse racing and other recreational and sports facilities, subject to
the approval and supervision of PAGCOR. I also knew the procedures in AFAB and how the
imported goods entered in free zone of Bataan.