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PEZA: DTI-Strategic Trade Management Office (DTI-STMO) Memorandum Circular No. 23-12 Re: “Guidelines for Third Party Acting as Exporter on Record (EOR) to Export Strategic Goods”

FOR:
ALL CONCERNED PEZA-REGISTERED ENTERPRISES
ALL ZONE ADMINISTRATORS / ZONE MANAGERS /
OFFICERS-IN-CHARGE

FROM: Director General TERESO O. PANGA

DATE: 17 October 2023

SUBJECT: DTI-Strategic Trade Management Office (DTI-STMO) Memorandum Circular No. 23-12 Re: “Guidelines for Third Party Acting as Exporter on Record (EOR) to Export Strategic Goods”


Please be informed that the Department of Trade and Industry – Strategic Trade Management Office (DTI-STMO) has released Memorandum Circular (MC) No. 23-12 dated 13 September 2023, on the Guidelines for Third Party Acting as Exporter on Record (EOR) to Export Strategic Goods.

The subject MC No. 23-12 covers third party exporters dealing with the Philippine government and performing services required to facilitate the cross-border movement of strategic goods. A third party may be (i) a person contracted by an STMO authorization holder; or (ii) an authorized representative of a froreign person.

A person contracted by an STMO authorization holder shall not be required to register nor apply for an authorization under the STMO. However, this third-party exporter is required to coordinate with the STMO authorization holder regarding their responsibility in filling out and reflecting the latter’s STMO Memorandum Circular No. 22-04 dated 11 February 2022 on the Revised Guidelines for Export Clearance Amending MC No. 20-47.

An authorized representative of a foreign person is required to register with the STMO. This third-party exporter may use the General Authorization (GA) on Temporary Export for Repair, Maintenance, or Replacement of Certain Strategic Goods to certain destination countries under the conditions specified on GEN-2022-A under STMO Memorandum Circular 22-13 dated 15 June 2022. For strategic goods and countries of destinations, not covered under GEN-2022-A, the authorized representative of a foreign person shall register and apply for Individual or Global Authorization from the STMO. This exporter is likewise required to fill out and reflect its own STMO Authorization Number in Box 31 of the ED.

Under the Strategic Trade Management Act (STMA), all persons that engage in the export of strategic goods are required to register with and secure an authorization from the STMO. Failure to comply with the prescribed authorization requirements may lead to the imposition of fines, delays in shipments, as well as administrative and criminal penalties including imprisonment.

PEZA-registered Ecozone Logistics Services Enterprise (ELSEs) engaged in the exportation of strategic goods manufactured by its PEZA-registered Export Enterprise (EE) client, are hereby instructed to obtain the STMO Authorization Number from its EE client and to comply with the requirements under STMO Memorandum Circular No. 22-04. Likewise, PEZA-registered ELSEs engaged in the exportation of strategic goods for and/or on behalf of its client abroad, are hereby instructed to coordinate and secure its own authorization from the STMO.

For reference, attatched are the following: (1) DTI-STMO Memorandum Circular 23-12; (2) DTI-STMO Memorandum Circular 22-04, Revised Guidelines for Export Clearance; and, (3) DTI-STMO Memorandum Circular No. 22-13, Guidelines on the Use of General Authorization.

All Zone Administrators/Managers and OICs are requested to give assistance to the concerned PEZA locators in facilitating coordination with the STMO.

For additional concerns, please contact DTI-STMO at 8529 3282 or +63917 856 6596.

For your guidance and compliance.

VSS/cvc/jcn

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