Eighteenth Congress
First Regular Session

HOUSE BILL No. _3914

Introduced by
REPRESENTATIVE LOREN B. LEGARDA

AN ACT
FACILITATING AND REGULATING INTERNATIONAL DISASTER RELIEF AND
INITIAL RECOVERY ASSISTANCE AND FOR OTHER PURPOSES

Explanatory Note

The UNISDR and Centre on the Epidemiology of Disasters (CRED), in their study
“The Human Cost of Weather Related Disasters,” listed our country as the fourth
most disaster-prone country in the world because of the 274 disasters we
experienced from 1995 to 2015.

According to the study posted by the Global Facility for Disaster Reduction and
Recovery (GFDRR), an average of 20 typhoons make landfall in the Philippines
every year. One of the strongest recorded typhoon, Haiyan or locally known as
Yolanda, caused more than 6,000 fatalities and damaged about 1.1 million
properties across the archipelago. GFDRR also reported that earthquakes and
volcanic eruptions frequently affect the country, citing the January 2018 eruption of
the Mayon volcano, which caused more than 56,000 people to evacuate the
surrounding areas and damaging agriculture."

In a case study released by the Asian Development Bank Institute on March 2018,
titled “Natural Disasters, Public Spending, And Creative Destruction: A Case Study
Of The Philippines,” it is reported that between 2000 and 2016, natural disasters in
the Philippines caused over 23,000 deaths and affected roughly 125 million people.
Furthermore, according to the paper, the associated socioeconomic damage was
about $20 billion with average annual damages of $1.2 billion.

1 https://www.gfdrr.org/en/philippines
? Uha, et al. 2018)
https://www.adb.org/sites/default/files/publication/408351/adbi-wp817.pdf


Due to the brunt of disasters to human life and economy, the Philippines received
various international assistance from neighboring countries and allies. The United
Nations High Commissioner for Refugees (UNHCR), the International aid agency
Oxfam, the US government, the European Union, South Korea, and Japan to name
a few, were among the constant donors of the Philippines.

However, as foreign and private sector assistance continue to pour in, there is a
need to ensure that resources benefit targeted victim communities in affected areas.
Strict monitoring and transparent accounting of aid should be undertaken to avoid
misallocation and misuse of resources.

In order to facilitate the ease of flow of international assistance by foreign
governments and aid agencies and ensure that the aid being offered is what is
needed on the ground, this bill seeks to designate the National Disaster Risk
Reduction and Management Council (NDRRMC) as the central focal point agency
between the government of Philippines and assisting international actors in order to
promote the effective facilitation, coordination and oversight of international disaster
assistance.

It requires the NDRRMC to consult with the local government units affected by a
calamity in determining the list of goods, equipment and service needed for relief
and recovery. A Single Window International Facilitation Teams (SWIFTs) is also
proposed to be established in order to consolidate and expedite the legal
requirements concerning entry of international disaster relief and personnel, goods,
equipment and transport.

By providing the mechanisms to ensure the timely and efficient entry and delivery of
international aid assistance in the country, it is hoped that resources available will be
put to good use. Effective administration of aid will immensely contribute to the
immediate recovery of severely affected communities

In view of the foregoing, immediate passage of this bill is earnestly sought.

LOREN B. LEGARDA


ce

Eighteenth Congress
First Regular Session

HOUSE BILL NO. 3914

introduced by
REPRESENTATIVE LOREN B. LEGARDA

AN ACT
FACILITATING AND REGULATING INTERNATIONAL DISASTER RELIEF AND
INITIAL RECOVERY ASSISTANCE AND FOR OTHER PURPOSES

Be it enacted in the Senate and House of Representatives of the Philippines in
Congress assembled:

CHAPTER I
General Provisions
SECTION 1. Title. — This Act shall be known as the “Intemational Disaster Relief and
Initial Recovery Assistance Act.”

SEC. 2. Purpose and Scope. - This Act sets out procedures, roles and
responsibilities related to the facilitation and regulation of international disaster

assistance provided to the Philippines in the event of a disaster on its territory.

In particular, this Act:

() sets out roles and responsibilities for key officials and departments
concerned with the facilitation and regulation of international disaster
assistance;

(i) establishes procedures for initiating, coordinating, and terminating

international disaster assistance


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(iv)
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establishes the mechanism for recognition of eligibility for legal facilities for
certain assisting actors;

specifies the legal facilities to be provided to such eligible actors; and
specifies that minimum standard are expected from assisting actors

providing international disaster assistance

SEC. 3. Definition of Terms. — For purposes of this Act, the following shall have the

corresponding meanings:

“Assisting Actor’ means any assisting intemational actor and any assisting

domestic actor responding to a disaster in the Philippines;

. “Assisting Domestic Actor” means any non-profit entity established under the

laws of the Philippines, which is responding to a disaster in the territory of the
Philippines;

“Assisting Intemational Actor” means any foreign state, organization, entity or
individual responding to a disaster on the territory of the Philippines;

“Assisting State” means any foreign government that is providing disaster relief
or initial recovery assistance to the Philippines, whether through its civilian or

military institutions;

. "Disaster Relief means the goods, equipment, services and intemationally

donated funds provided to meet the immediate humanitarian needs of disaster
affected communities;

"Disaster’ means a serious disruption of the functioning of society, which poses
a significant, widespread threat to human life, health, property or the
environment, whether arising from accident, nature, or human activity, whether
developing suddenly or as the result of long-term processes, but excluding

armed conflict;


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g. "Domestic Non-Governmental Organization” or "Domestic NGO” means any
non-governmental, non-profit entity, which is registered or created under the
laws of the Philippines and whose mandate and activities are exclusively
focused on humanitarian relief, recovery or development;

h. "Eligible Actor” means any assisting actor that has been determined to be
eligible to receive legal facilities, in accordance with Chapters V and VI of this
Act;

i. "Equipment" means physical items, other than goods, which come from
intemational sources and are designated for use in disaster relief or initial
recovery assistance, including, but not limited to, vehicles, medical, and
telecommunications equipment;

j. ‘Foreign Components of the Intemational Red Cross and Red Crescent
Movement” means foreign National Red Cross or Red Crescent Societies, the
International Federation of Red Cross and Red Crescent Societies and the
International Committee of the Red Cross;

k. "Foreign Non-Govermental Organization” or “Foreign NGO" means any
nongovernmental, not-for-profit entity not incorporated/ registered in the
Philippines, whose mandate and activities are focused on humanitarian relief,
recovery or development;

|. "Goods” means supplies from international sources intended to be provided to
disaster-affected communities for their relief or initial recovery;

m. "Initial Recovery Assistance” means goods, equipment, services and
internationally donated funds intended to restore or improve the pre- disaster
living conditions of disaster-affected communities, including initiatives to
increase resilience to disasters and reduce disaster risk;

n. "Internationally Donated Funds” means any funds donated by foreign

persons or entities directly to the Government of Philippines or to an


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assisting domestic actor for purposes of disaster relief or initial recovery

assistance;

. "Intemational Disaster Assistance” means disaster relief and initial recovery

assistance that is provided by assisting international actors, or imported or
otherwise brought to Philippines from abroad by or on behalf of assisting

domestic actors;

. “International Disaster Relief Period” means the period following a disaster, as

described in Sections 8 and 9 of this Act, during which the relevant legal
facilities described in Chapter VI are made available to eligible actors for the

purpose of providing disaster relief,

|. “Intemational Initial Recovery Period” means the period following a disaster, as

described in Sections 8 and 10 of this Act, during which the relevant legal
facilities described in Chapter VI are made available to eligible actors for the
purpose of providing initial recovery assistance;

“International Personnel” means the staff, and volunteers of any assisting actor
providing disaster relief or initial recovery assistance in the Philippines, being
persons who are neither citizens of Philippines nor domiciled in Philippines prior

to their recruitment by the assisting actor;

. “Legal Facilities” means the special entitlements and exemptions that are made

available to Eligible Assisting Actors under Chapter VI of this Act;

“Locally Engaged Personnel” means nationals or persons domiciled in the

Philippines who are recruited as staff or volunteers by assisting international

actors to provide disaster relief or initial recovery assistance;

|. “Services” _ means activities undertaken by assisting actors to assist disaster

affected communities with their relief or initial recovery, such as search and

rescue activities, medical care, protection services and information services;


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v. “Transit Facilities” means the special entitlements and exemptions that are
made available to assisting internationalactors under Chapter VII of this Act.

w. ‘Transit Facilities Period” means the period following a disaster in another
country, as described in Section 62 of this Act, during which the relevant legal
facilities described in chapter vii are made available to assisting actors for the
purpose of providing disaster relief or initial recovery assistance.

x. “Transport” means the land, air or water vehicles operated on or behalf
assisting actors to transport international personnel, goods and equipment
across an international border for the purpose of providing disaster relief or

initial recovery assistance.

SEC. 4. Existing Rights, Privileges and Immunities. — Nothing in this Act shall be
interpreted to limit or reduce the existing rights, privileges or immunities of any
assisting actor as separately recognized by other laws or agreements of the
Philippines, and any status or headquarters agreement between the Philippines and
an assisting international actor.
CHAPTER It
Initiation and Termination of International Disaster Assistance

SEC. 5. Assessment of the Need for International Disaster Assistance.

a. Immediately after the onset of a major disaster, and in consultation with relevant
local goverment units and local authorities, the National Disaster Risk
Reduction and Management Council (NDRRMC) shall make a determination,
based on initial estimates, as to whether domestic capacities are likely to be
sufficient to attend to the needs of affected persons for disaster relief and initial
recovery assistance. This determination may also be made, at the discretion of

the NDRRMC, prior to the onset of an imminent major Disaster.


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b. Inthe event of a determination that domestic response capacities are not likely
to be sufficient due to the scale of the disaster, the NDRRMC shall advise the
President and recommend that an immediate request be made for international
disaster assistance.

c. If such a recommendation is made, the NDRRMC shall, in consultation with
relevant local government units and local authorities, develop a preliminary
list of goods, equipment and services required. The NDRRMC shall make this
list available to potential assisting international actors immediately upon the
commencement of an international disaster relief period pursuant to section 8.
The list shall be updated as needed to refiect new information and changing
circumstances.

d. A determination that domestic capacities are likely to be sufficient and that
international disaster assistance is therefore unnecessary may be reviewed
and rescinded by the NDRRMC at any time, in light of updated information.

‘SEC. 6. Requests for International Disaster Assistance. —

a. Upon the advice of the NDRRMC, the President may make a request for
International Disaster Assistance. That request may be specifically directed to
particular international actors, or it may be a general request directed to the
international community as a whole.

b. The request shall be accompanied by:

@ information as to the extent and type of assistance required, based on
the list prepared bythe NDRRMC pursuant to Section 5, unless this
would lead to undue delay; and

(i) information on the procedures for assisting international actors to make

offers or provide assistance pursuant to Section 7.

‘SEC. 7. Offers and Acceptance of International Assistance. —


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a. Assisting states and intergovernmental organizations interested in providing
intemational disaster assistance shall direct an offer to the Department of
Foreign Affairs (DFA) through the appropriate Philippine embassy. Offers
should indicate, in general terms, the type, amount and estimated duration of
assistance to be provided. The DFA shall then consult with the NDRRMC about
‘such offers. Upon the direction of the NDRRMC the DFA may accept such
offers, in whole or in part.

b. Assisting states planning to provide aid through military actors shall make such
offers according to agreements between the Philippines and the assisting
states and other relevant laws of the Philippines. They may be accepted, in
whole or in part, with the specific conditions set out in the aforementioned laws,
regulations and/ or agreements.

c. In the event of a general request for international disaster assistance made
pursuant to section 6(a), assisting international actors other than assisting
states and intergovernmental organizations are exempt from making formal
offers. However, they shall comply with the terms of the general request and
shall inform the NDRRMC of the type, amount and estimated duration of
assistance to be provided in advance of their arrival.

d. In the absence of a general request for international disaster assistance,
assisting international actors may make unsolicited offers to the DFA through,
the appropriate Philippine embassy. The DFA shall consult with NDRRMC and,

upon its direction, may accept such offers, in whole or in part.

SEC. 8. International Disaster Relief and Initial Recovery Periods. —

a. The intemational disaster relief and recovery periods shall both commence
simultaneously upon the issuance of a request for international disaster

assistance under Section 6, or upon acceptance of an offer under Section 7,


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and shall continue until terminated pursuant to Section 9 or Section 10, as
appropriate.
b. The legal facilities described in Chapter VI shail only be effective during the

intemational disaster relief and initial recovery periods.

SEC. 9. Termination of the international Disaster Relief Period. —

a. When, on the basis of updated needs assessments and other information and
in consultation with assisting actors, the NDRRMC is satisfied that the need for
disaster relief is coming to an end, it shall advise the President to approve a
termination date for the international disaster relief period, with due
consideration for the impact on ongoing relief activities. This termination shall

not affect the ongoing validity of the international initial recovery period.

b. The termination date shall be announced to assisting actors no later than 30
days prior to the proposed date. The announcement shall also include
information about the anticipated ongoing needs for goods and services related
to initial recovery assistance, if any.

c. Upon the issuance of an announcement pursuant to this Section, the
NDRRMC shall consult with assisting actors actively involved in disaster relief
work in order to reduce any negative impact from the termination and, where

necessary, to ensure an adequate handover of responsil

ies.

‘SEC 10. Termination of the Intemational Initial Recovery Period. —

a. When, on the basis of updated needs assessments and other information, and
in consultation with assisting actors, the NDRRMC is satisfied that the need for
international initial recovery assistance is coming to an end, it shall advise

the President to approve a termination date for the international initial recovery


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SEC.

period, with due consideration for the impact on ongoing initial recovery

activities.

. The termination date shall be announced to assisting actors no later than 30

days prior to the proposed date.

;. Upon the issuance of an announcement pursuant to this Section, the NDRRMC

shall consult with assisting actors actively involved in initial recovery assistance
work in order to reduce any negative impact from the termination and, where
necessary, to ensure an adequate handover of responsibilities.
CHAPTER II

Coordination and Preparedness for International Disaster Assistance

14. Coordination Duties and Powers of the Focal Point Agency. —
The NDRRMC shall serve as a central focal point agency for liaison between
the government of Philippines and assisting intemational actors, promoting the
effective facilitation, coordination and oversight of intemational disaster
assistance pursuant to this chapter. As such, the NDRRMC shall serve as
the main counterpart for any applicable international or regional

coordination mechanisms.

. The NDRRMC shall inform assisting actors and relevant national and local

governmental agencies of their rights and responsibilities under this Act and
orient them to other laws, rules or procedures especially relevant to

international disaster relief and initial recovery assistance

; During the international disaster relief and initial recovery periods, the

NDRRMC may order any relevant governmental body of Philippines to
undertake actions or make available assets or premises required to facilitate
the work of assisting international actors to provide disaster relief or initial

recovery assistance. Such bodies shall comply to the fullest extent


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possible within their legal mandates. Any order that may impose a substantial
burden on the cooperating agency may be reviewed at its request by the
Secretary of agency or department involved.

d. During the international disaster relief and initial recovery periods, the
NDRRMC may likewise request any private actor to undertake voluntary
actions, at their own expense, as needed to facilitate the work of assisting
intermational actors to provide disaster relief or initial recovery assistance. This
may include a request to lower or waive fees or charges for key services
required by assisting international actors and/or to extend operating hours for

their provision

SEC.12. Taskforce on International Disaster Assistance Preparedness. —

a. Across-sectoral Taskforce on International Disaster Assistance Preparedness
(‘the Taskforce") shall be established, to operate in accordance with this
Section, under the chairmanship of the NDRRMC with the primary role of
enhancing preparedness for implementation of this Act in case of a disaster
requiring international disaster assistance

b. The Taskforce shall be composed of representatives from:

() The NRRMC;

(i) The Department of Social Welfare and Development

(iii) The Philippine Red Cross

(iv) The Office of the Govemor/s of the Province/s involved;

(v)__ The Office of the Congressman/Congressmen of the District/s involved;

(vi) The Office of the Mayors of the city/ies involved;

(vii) Such other members as the taskforce may invite to participate, including
relevant United Nations agencies, regional organizations and Foreign

NGOs.


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c. The Taskforce shall provide technical advice on preparedness for the

facilitation of international disaster assistance to the NDRRMC. In fulfilling this

role, the Taskforce shall:

@

)

(ii)

(iv)

)

(vi)

Prepare and update manuals, guidelines, plans or other procedures for
the entry and coordination of international disaster relief and initial
recovery assistance;

Compile and update information on existing bilateral, regional and
international coordination mechanisms applicable the Philippines, and
provide technical advice to the NDRRMC on the further development of
such mechanisms;

Develop and maintain a list of personnel nominated by the relevant
Secretaries to participate in Single Window International Facilitation
Teams (SWIFTs), as described in Section 13, and to assist the
NDRRMC to convene the SWIFTs immediately upon the
commencement of an international disaster relief period pursuant to
‘Section 8, if required for the volume of international disaster assistance
expected;

Advise the NDRRMC on the development of technical quality standards
for international disaster relief and initial recovery assistance, as
described in Chapter IV of this Act;

Develop, in accordance with Chapter V of this Act, procedures,
documentation requirements and information about the responsibilities
of assisting actors under this Act;

Undertake other tasks related to international disaster assistance,
as requested by the NDRRMC.

d. The taskforce shall meet:


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SEC.

() immediately upon the commencement of an international disaster relief
period pursuant to Section 8, to ensure the effective operation of the
SWIFTs described in Section 13 and to advise the NDRRMC on the
application ofrelevant procedures, manuals and other technical
materials conceming the facilitation of international disaster assistance;
and

(i) otherwise as necessary, and in no case less frequently than twice per
year, to review national preparedness for implementing the provisions of
this Act and to carry out the functions assigned to it pursuant to this

Section.

13. Single Window International Facilitation Teams (SWIFTS). -
‘Single Window International Facilitation Teams (SWIFTs) shall be established
in accordance with this Section, for the purpose of consolidating and expediting
the legal requirements concerning entry of incoming intemational disaster relief
and initial recovery personnel, goods, equipment and transport, as well as the

application process for eligibility, as described in Chapter V.

. In consultation with the Taskforce, the NDRRMC shall establish the

membership, functions, authorities and operating procedures for the SWIFTs,
consistent with this Act and other relevant legisiation.

The SWIFTs shall be composed of representatives of relevant Departments
and Agencies, from the list established and updated by the Taskforce in

accordance with Section 12.

|. Upon the commencement of an international disaster relief period pursuant to

Section 8, SWIFTs shall be deployed to primary points of entry for international
disaster assistance, including, as circumstances dictate, relevant airports,

‘seaports and land border crossing points.


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e. Inthe absence of a SWIFT team at a particular border crossing, officials of the

Bureau of Customs shall nevertheless apply the relevant provisions of this Act.

SEC. 14. Operational Coordination of Assisting International Actors. —

a. National and local authorities shall endeavour to integrate the role of assisting
intemational actors into their contingency planning and mechanisms for
operational coordination for disaster relief and initial recovery assistance
efforts. In particular, they shall endeavour to facilitate the work of assisting
international actors, while balancing the urgent needs of —_ people
affected by disaster and necessary safeguards relating to public
safety and health, coordination and oversight.

b. Assisting intemational actors shall cooperate and coordinate with National
and local authorities in their disaster relief and initial recovery assistance. In
particular, they shall provide them with such information as is available to them
on the needs, and on the location, type and extent of their disaster relief and
initial recovery assistance operations, as required for a coordinated and
effective response.

. Assisting intemational actors shall cooperate with any international or regional
mechanisms for coordination that have been specifically approved for a

particular operation by the NDRRMC.

SEC. 15. Limited Exemption from Privacy of Personal Data. — Public authorities
and assisting actors shall be permitted to share personally identifiable information
concerning disaster-affected persons among themselves for the purpose of avoiding
imminent death or physical harm to individuals, or grave and foreseeable harm to

public health or safety, or for facilitating family reunification

CHAPTER IV
General Responsibilities of Assisting Actors


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SEC. 16. Principles of International Disaster Assistance. —

a. Assisting actors shall comply with the principles of humanity and impartiality in
providing international disaster assistance. In particular, they shall establish
their aid priorities on the basis of need alone and they shall not:

(0) engage in any adverse distinctions, exclusions or preferences based on
status, such as nationality, race, ethnicity, religious beliefs, class,
gender, sexual orientation, disability, age or political opinion;

(i) seek to further a particular political or religious standpoint or interfere in
internal matters irrelevant to disaster response;

(ii) seek to obtain commercial gain from their assistance;

(iv) _ gather sensitive information of a political, economic or military nature that
is irrelevant to International Disaster Relief or Initial Recovery
Assistance.

b. In addition, non-governmental organizations shall comply with the principle of
independence. In particular, they shall not act as instruments of the foreign

policy of any government.

SEC. 17. Respect for the Dignity of Persons Affected by Disaster. - Assisting
actors providing international disaster assistance shall respect the dignity of persons
affected by a disaster. In particular, they shall consult with the beneficiaries of their
assistance in the design, implementation, monitoring and evaluation of the disaster

relief and initial recovery assistance they provide.

SEC. 18. Quality of Goods and Services. — Assisting actors shall ensure that the
goods and services they provide are appropriate to the needs and circumstances of
persons affected by the disaster and in compliance with the requirements of this Act

and all applicable laws of the Philippines. Assisting actors shall additionally comply


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with technical quality standards as contained by regulations to be developed by the

NDRRMC.

SEC. 19. Disposal of Unusable Goods, Non-Functioning Equipment and other
Waste. — Assisting actors shall ensure that any goods or equipment they import for
the purpose of disaster relief or initial recovery assistance, which are or which have
become unusable, as well as any other waste products produced by them in the
course of their disaster relief or initial recovery assistance operations, are recycled or
otherwise disposed of in a safe, environmentally sensitive and effective manner in
compliance with Philippine laws.
CHAPTER V
Eligibility for Legal Facilities
SEC. 20. Provision of Legal Facilities to Eligible Actors. -
a. The legal facilities described in Chapter VI are available only to eligible actors
as described in this chapter and are effective only during the international
disaster relief and initial recovery periods. Unless otherwise stated in Chapter

VI, the legal facilities are equally effective during both of those periods.

s

All of the legal facilities described in Chapter VI shall be available to assisting
international actors deemed eligible pursuant to Section 21, or approved as

eligible pursuant to Section 22.

9

The legal facilities described in Parts 1 to 5 in Chapter VI shall only be available
to assisting domestic actors deemed eligible pursuant to Section 21 or
approved as eligible pursuant to Section 22, with respect to intemational
personnel, goods, equipment and transport they bring to the country from

abroad to provide disaster relief or initial recovery assistance.

SEC. 21. Deemed Eligibility for Legal Facilities for Certain Assisting Actors. —


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a. Upon the commencement of an international disaster relief period pursuant to
Section 8, the following assisting international actors shall be deemed eligible
to receive the legal facilities described in Chapter VI of this Act without a further
application process pursuant to Section 22:

() Assisting States;
(i) Relevant intergovernmental organizations, including United Nations and
regional organizations;

(ii) Any other assisting actor that the NDRRMC wishes to deem eligible.

s

In order to facilitate access to the legal facilities, the NDRRMC shall provide
assisting international actors described in Subsection (a) a certificate of

eligibility, upon their request.

‘SEC. 22. Application for Eligibility for Legal Facilities by Assisting Actors. —

a. With the exception of those deemed eligible pursuant to Section 21, assisting
actors seeking eligibility shall apply in accordance with this Section. Assisting
intemational actors may apply only if they are recognized as a legalperson in

a foreign country or under international law.

o

. The eligibility of private businesses for legal facilities shall be limited to

assistance from which they make no profit or other commercial gain.

cS)

Applications for eligibility may be made in advance of any disaster, or after the
onset of a disaster. In the event that eligibility for legal facilities is granted in
advance of a disaster, it will remain valid for 1 year, after which a new
application is required. The legal facilities will enter into legal effect only during

an international disaster relief or initial recovery period.

a

|. All Assisting Actors seeking eligibility shall submit:
() certified copies of documents evidencing their legal personality in a

foreign jurisdiction or under international law, in the case of assisting


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intemational actors, or under the laws of the Philippines, in the case of
assisting domestic actors;

(i) the name and full contact details of the authorized representative of the
organization and the address of its headquarters, if any, in the
Philippines;

(i) documentation relating to their previous experience and current capacity
in providing effective disaster relief or initial recovery assistance;

(iv) anundertaking relating to their organizational commitment and practices

concerning the responsibilities set out in Chapter IV.

SEC. 23. Eligibility Determination and Certificates. -

The NDRRMC shall respond to any application under Section 22 by either

approving it and issuing a certificate of eligibility for the relevant Chapter VI

legal facilities, or by giving notice that the application has not been approved.

() For applications made during the international disaster relief period, the
NDRRMC shall respond no later than 2 days after receipt of all required
documents.

(i) For applications made after the termination of an international disaster
relief period but during an international initial recovery period, the
NDRRMC shall respond no later than 5 days after receipt Of all required

documents.

. Applications from assisting actors with significant experience will be accepted

unless the documentation provided or external information raises doubts as to
their capacities, in which case, additional opinions and information may be

gathered prior to making a determination.

. Upon approval of an application pursuant to Section 22 or upon the request of

an assisting actor deemed eligible pursuant to Section 21, the NDRRMC shall


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issue a certificate indicating that the assisting actor is eligible for the relevant
Chapter VI legal facilities. In the case of a domestic assisting actor, the
certificate shall state that the eligibility extends to the legal facilities in Parts 1
to 5 of Chapter VI.

d. A cettificate issued in accordance with this Section shall be valid for a period of
1 year from the date of issue and may be renewed through a new decision
under Section 20 or Section 22.

SEC. 24. Termination of Eligibility for Legal Facilities. — Eligibility of assisting
actors for the relevant Chapter VI legal facilities may be terminated upon the request
of the eligible actor concemed or upon the termination of the legal facilities for failure
to comply with this Act, pursuant to Section 56 of this Act.

CHAPTER VI
Legal Facilities for Eli

je Actors
Part 1
International Personnel

SEC. 25. Disaster Visa. — The international personnel of eligible actors shall be
entitled to waiver of entry visa requirements, including any associated fees or
charges. International personnel who enter Philippines under this Disaster Personnel
visa waiver shall be allowed to undertake disaster relief and initial recovery work for
their sponsoring entities without the requirement to seek a separate residence or work
permit. As long as they continue as international personnel of their sponsoring entities,
they shall be entitled to remain in or re-enter the territory as often as necessary
throughout the international disaster relief and international initial recovery periods.

After that time, they may apply for a relevant visa from within the country.

‘SEC. 26. Reception of Foreign Professional Qualifications. —


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a. Eligible assisting actors wishing to deploy international personnel for tasks
requiring legal recognition of their foreign professional qualifications shall certify
the validity of those qualifications and the competence of their personnel for the
tasks envisaged.

b. Within six months of the entry into force of this Act, the Department of Foreign
Affairs shall establish lists of countries and/or educational institutions whose
health professionals, architectural, engineering and other relevant
professionals may be given automatic recognition of their foreign qualifications
when certified by an eligible assisting actor pursuant to subsection (a) of this
Section. The lists shall be reviewed at least once per year and published
electronically.

c. The Department of Foreign Affairs shall also establish expedited procedures to
be applied for the assessment and recognition of the foreign qualifications of
the international personnel originating from countries or institutions not included
on the above-mentioned lists, when certified by their sponsoring eligible
assisting actor pursuant to subsection (a) of this Section.

d. Recognition of qualifications under this Section shall exempt _ international
personnel of eligible actors from any obligations for compulsory membership
of professional associations or other professional registration processes within
Philippines until the end of the international initial recovery period.

e. Recognition of qualifications under this Section shall remain valid until the end
of the international initial recovery period, absent individual criminal conduct,
or other professional misconduct sufficient to bar the individual from

professional practice in the Philippines.

SEC. 27. Recognition of Foreign Driving Licenses. - The Land Transportation
Office (LTO) and other relevant authorities shall accord temporary recognition of


1 the foreign driving licenses of the international personnel of eligible actors, during

2 the international disaster response and initial recovery periods.

3 SEC. 28. Freedom of Access. —

4 a. The intemational personnel of eligible actors under this Act shall be provided
5 freedom of access to disaster-affected areas and persons requiring disaster
6 relief or initial recovery assistance, subject only to limitations based on national
7 security, public order or public health, weighed in the context of the urgency of
8 the disaster needs. They shall be permitted to provide their goods and services
9 directly to affected persons.

10 b. In situations where the relevant authorities have decided to restrict public

u access to affected areas out of concem for the safety of those persons seeking
12 to enter, they shall warn the international personnel of eligible actors, but allow
13 them to enter, if they may do so without endangering others and if the
14 international personnel assume the risk.

15 Part2

16 Entry of Intemational Disaster Goods and Equipment

17 SEC. 29. Customs Facilitation and Priority Treatment. — As further described in
18 this Part, the Bureau of Customs shall facilitate the rapid importation of consignments
19 — of goods and equipment by eligible actors and shall accord them priority treatment in

20 handling.

21 SEC. 30. Duty of Compliance of Eligible Actors. — In order to benefit from the
22 legal facilities in this part, eligible actors shall:

23 a. declare that all the goods and equipment they seek to import under this
24 Part are exclusively for disaster relief or initial recovery assistance and that

2s they comply with any relevant standards under national law, including


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b.

as provided in this Act or its regulations; and
pack, classify and mark their consignments in accordance with the
requirements described in this part and as directed by the Bureau of

Customs.

SEC. 31. Representation to Customs. — Eligible actors may make representations

directly to the Bureau of Customs with respect to their international disaster assistance

consignments or through a designated third party acting on their behalf.

‘SEC. 32. Exemption from Import Duties, Taxes and Restrictions. —

Consignments of goods and equipment by or on behalf of eligible actors shall benefit

from:

exemption from ail duties and taxes;

.. waiver of economic prohibitions and restrictions except for categories of special

goods and equipment as provided in Part 3 of this Act; and

. Clearance without regard to the country of origin or the country from which the

goods have arrived, subject to monitoring for reasons of public health and

‘security.

SEC. 33. Simplification of Document Requirements. — The Bureau of Customs

‘shall:

clear or release consignments of goods and equipment sent by or on behalf of
eligible actors on the basis of a simplified/provisional goods declaration
providing the minimum information necessary for the Bureau of Customs to
identify the goods and equipment: Provided, that eligible actors are subject to

completion of a more complete declaration within a specified period;

. allow a single goods declaration for all imports of goods or equipment by or on

behalf of eligible actors;


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¢. allow the goods declaration and any supporting documents relating to
consignments of goods or equipment sent by or on behalf of eligible actors to
be lodged electronically and without any fee;

d. allow the lodging and registering or checking of the goods declaration and
supporting documents prior to the arrival of consignments of goods or
equipment sent by or on behalf of eligible actors, to facilitate their release
upon arrival;

e. waive any requirement of translation of details in documents relating to
consignments of goods or equipment sent by or on behalf of eligible actors

unless it is absolutely necessary for the purposes of release or clearance.

SEC. 34. Extended Hours for Customs. — During the international disaster relief

period only, the Bureau of Customs shall:

a. upon request, and without additional charges, carry out the functions
necessary forthe release or clearance of consignments of goods or
equipment imported by or on behalf of eligible actors outside their designated
hours of business and/or away from customs offices when necessary; and

b. coordinate with the business hours and competencies of any other relevant
Departments involved in the approval of incoming consignments and, whenever
possible, carry out joint operations, such as joint customs controls, including

participation in SWIFTs, if established under Section 13 of this Act.

SEC. 35. Inspections and Customs Security. - During the international disaster
relief period only, the Bureau of Customs shall:

a. on the basis of risk analysis, take only such action as it deems essential to
ensure compliance with customs and related laws for the purpose of checking

the goods declaration of a consignment sent by or on behalf of eligible actors;


1 b. waive, as feasible, any customs security that would normally be required in

2 respect of consignments of goods and equipment imported on or behalf of
3 eligible actors.

4 Part3

5 Expedited Entry and Use Restrictions for Specific International Disaster Goods and
6 Equipment

7 SEC. 36. Telecommunications Equipment. —

8 a. Eligible actors shall be permitted to import telecommunications equipment for
9 the purpose of disaster relief or initial recovery assistance without restrictions,
10 except as required for purposes of national security or public order.

i b. Upon notification of the names, frequencies, as applicable, and locations of

2 intended use of such telecommunications equipment imported by eligible
3B actors, the National Telecommunications Commission (NTC) shall waive any
14 licensing requirements or fees for their use.

15 c. The NTC shall also grant eligible actors priority over domestic users with the
16 exception of security forces, ambulance services and other domestic
v7 emergency responders in access to bandwidth, frequencies and satellite use
18 for telecommunications and data transfer associated with disaster relief and
19 initial recovery assistance.

20 SEC. 37. Medications. —

21 a. Eligible actors shall be permitted to import medications and medical equipment
22 for the purpose of disaster relief or initial recovery assistance so long as they
23 conform to the requirements of this Section.

24 _b. Anysuch medications and medical equipment shalll be appropriate to the needs

25 of the disaster-affected persons, and shall be legal for use in the country of

26 origin according to its laws as well as in Philippines according to appropriate

27 laws on pharmaceuticals. Pursuant to subsections (c) and (d) below, a


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distinction shall otherwise be made between medications intended to be

donated for the use of others and those that eligible actors intend to use directly

in providing medical services.
c. Medications that eligible actors intend to use directly in providing medical
services in disaster relief or initial recovery assistance shall be:

()__ transported and maintained by the eligible actor in appropriate conditions
at all times to ensure their quality and;

(i) guarded against misappropriation and abuse.

d. Medications intended for donation for the use of others shall be:

@ at least 12 months from their expiry date upon arrival, unless otherwise
specifically agreed by the Department _of Health (DOH);

(i) transported and maintained by the eligible actor in appropriate conditions
to ensure their quality until they reach their intended domestic recipients;
and

(ii) appropriately labelled in a language understood in the affected State with
the international non-proprietary name or generic name, batch
number, dosage form, strength, name of manufacturer, quantity in the

container, storage conditions and expiry date.

SEC. 38. Food. — Food imported by eligible actors shall be admitted pursuant to
expedited procedures set out by regulations to be developed within 6 months from the
effectivity of this Act by the DOH and the Department of Agriculture (DA).

SEC. 39. Imported Vehicles. - The LTO shall grant temporary recognition to foreign
registration and plates to vehicles imported by eligible actors during the international

disaster relief period and the international initial recovery period.


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SEC. 40. Search Dogs. - Search dogs imported temporarily by eligible actors shall
be admitted without the need for quarantine so long as they meet the conditions and
requirements of special regulations to be developed within 6 months from the
effectivity of this Act by the Bureau of Animal Industry.
Part 4
Permitted Disposition of Equipment and Unused Goods
SEC. 41. Disposition of Equipment and Unused Goods. —

a. This part sets out the permitted disposition of goods or equipment for which
eligible actors have received waivers or exemptions from fees, duties, taxes or
other charges pursuant to this chapter and which remain in their possession as
of the end of their disaster relief and initial recovery assistance operations.

b. Such goods and equipment may be:

() retained by eligible actors that are non-profit entities and used or
distributed by them for humanitarian, development or charitable
purposes in the Philippines;

(i) re-exported pursuant to Section 42;

(ii) donated pursuant to Section 43; or

(iv) _ disposed of pursuant to Section 19.

c. Additionally, such goods and equipment may be sold, but only:

() after the termination of the initial recovery period; and

(i) _ with payment of all fees, duties, taxes or charges that were previously

waived or exempted for these items under this Chapter.

SEC. 42. Re-Export of Goods and Equipment. - Eligible actors that import
equipment or goods benefitting from the legal facilities in this chapter are permitted to
re-export any equipment or unused goods and to do so without the imposition of any

taxes, export duties, or similar charges, provided that:


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a. re-export is commenced no later than 2 months after the termination of the
international initial recovery period; and

b. they provide documentation that the equipment and goods in question were
originally imported for the purpose of disaster relief or initial recovery assistance
pursuant to this Chapter.

SEC. 43. Donation of Unused Goods and Equipment. — When they are no longer
needed for their disaster relief or initial recovery assistance, eligible actors are
permitted to donate any imported or locally purchased goods and equipment without
the imposition of any taxes, fees, duties, or similar charges on either the donor or the
beneficiary, provided that:

a. the donation is made no later than two months after the termination of the
international initial recovery period;

b. the eligible assisting international actor provides documentation to the BOC
and the Bureau of Internal Revenue (BIR) on the identity of the importer or
purchaser, the date of import or purchase, and the fact that the item or group
of items was imported or purchased pursuant to the legal facilities in this
chapter,

c. the beneficiary of the donation is the Philippine Red Cross, a domestic NGO,
or other non-profit charitable or humanitarian organization established in the
Philippines; and

d. any items thus donated may not be sold unless fees, duties, taxes or charges
that were previously waived or exempted for these items under this Chapter are
paid.

Part
Transport


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SEC. 44, Facilitation of Means of Transport. - Ground, air and water transport
vehicles operated by or on behalf of eligible assisting actors to transport international
and locally engaged personnel, goods, or equipment for the purposes of disaster relief
or initial recovery assistance shall:

a. priority in air traffic routing and landing permissions subject to existing laws,
rules and regulations of the proper authorities.

b. Be exempt from any applicable taxes, levies, duties, fees or charges normally
imposed by governmental entities of thePhilippines, including, but not limited
to:

() over fight, landing, parking, taking off and navigation service fees;
(ii) demurrage and docking fees; and
(ii) road tolls.

c. Be exempt from any prohibitions, limitations or restrictions in respect of their

arrival, overflight, landing, stay and departure, other than those necessary to

guarantee national security, public safety or public health.

SEC. 45. Entry of Transport Operators. —The appropriate authorities shall
endeavour to reduce and expedite any procedures for the entry of drivers, pilots and
crew of transport vehicles operated by on or behalf of eligible actors.

SEC. 46. Notice of Transport. - To facilitate the provision of the legal facilities in
this part, eligible assisting actors or their carriers shall:

a. inform the Civil Aviation Authority of thePhilippines (CAP) in advance of
the intended route of flights, type and call signs of the aircraft, number of crew
members, the character of the cargo, time-table of flights, and the list of
all passengers, and shall comply with any directions from the CAAP as

to air traffic control and landing procedures.


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b. inform the relevant marine authority in advance, of the intended port or location
of arrival of each water vessel, the type, make and registration
number of each vessel, the number of personnel operating and on board each
vessel and the equipment, facilities and other materials on board each vessel,
and shall comply with any directions from the relevant authority as to the control
of incoming vessels or docking procedures.

Parté
Legal Capacity and Employment

SEC. 47. Legal Capacity of Assisting International Actors. — Legal Capacity of
Assisting Intemational Actors — The status of eligibility for legal facilities of an
assisting international actor includes such legal capacity as may be relevant for the
exercise of its functions and the fulfilment of its purposes in providing international
disaster relief or initial recovery assistance in accordance with the laws of Philippines
during the international disaster relief and initial recovery periods, in particular the
capacity to:

a. open bank accounts;

b. enter into contracts, including leases;

¢. acquire and dispose of movable property;

d. receive and disburse private funds;

e. initiate legal proceedings;

f. engage and terminate locally engaged personnel, as set out in Section 49 of

this Act.

SEC. 48. Engagement and Termination of Locally Engaged Personnel. —
a. Subject to Section 4 of this Act, and except as provided in this Section, all
eligible assisting international actors shall comply with the applicable law in

Philippines with regard to the employment of locally engaged personnel;


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b. Eligible assisting intemational actors shall not be required to make any
separate registration as employers, including for the purposes of taxation,
social security, and social insurance registration requirements relating to the
employment of locally engaged personnel.

c. Notwithstanding any provisions of labor and employment laws to the contrary,
eligible assisting international actors may:

(i) recruit any individual legally entitled to perform the work envisaged in
Philippines through a non-discriminatory process;

(i) engage local personne! pursuant to fixed-term contracts, which may be
of short duration, and may be renewed as required without creating an

open-ended obligation.

SEC. 49. Jurisdiction over International Personnel. — Jurisdiction conceming
contracts between eligible assisting international actors and intemational personnel
engaged by them shall be determined based on the application Philippine laws on
jurisdiction.
Part7
Taxation of Eligible Assisting International Actors
SEC. 50. Value-Added Tax (VAT). —

a. The supply of disaster relief and initial recovery assistance by an eligible
assisting international actor shall be exempt from all vat, service taxes and
similar taxes, duties, levies and governmental fees where such supply takes
place during the intemational disaster relief or initial recovery periods. Eligible
assisting international actors shall also be exempt from registration for vat

during the same periods.


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b. In providing this legal facility the BIR shall take all practical steps to ensure
that local suppliers suffer no negative financial or administrative impact in

providing goods or services to eligible assisting international actors.

SEC. 51. Income Tax. ~
a. The activities of an eligible assisting international actor carried on for the
purpose of providing disaster relief or initial recovery assistance shall be subject
to income tax on any actual or deemed income or gain arising from such
activities.
b. The international personnel of an eligible assisting intemational actor shall not
be treated as a resident of the Philippines or as having any other connection

with the Philippines relevant for taxation purposes by reason of their presence

in the Philippines or activities undertaken there during the international
disaster relief and initial recovery periods except in instances where any

actual or deemed income or gain is realized.

SEC. 52. Property, Assets and Other Similar Taxes. — During the intemational
disaster relief or international initial recovery periods, no taxes, duties, levies or
governmental fees having similar effect shall accrue or be payable by eligible assisting
international actors in connection with
a. land, a building or any part of a building where such land, building or part thereof
is wholly or primarily used by an eligible assisting international actor for the
purpose of disaster relief or initial recovery assistance; and
b. the assets of an eligible assisting international actor.

Part8
Currency and Banking


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SEC. 53. Right to Bring Necessary Funds and Currencies into the Country. - The
Department of Finance (DOF) shall facilitate the entry of such funds and
currencies by eligible assisting international actors to provide disaster relief and initial

recovery assistance.

SEC. 54. Preferential Exchange Rates. - The DOF shall make available to eligible
assisting international actors the best available legal exchange rates into the state's
currency for funds to be used for the purpose of providing disaster relief or initial

recovery assistance.

CHAPTER VII
Supervision, Reporting and Sanctions

SEC. 55. Supervision of Assisting Actors. —

The NDRRMC shall be responsible for monitoring the compliance of assisting

actors with their responsibilities under this Act, and in particular Chapter IV.

s

. To facilitate the NDRRMC’s oversight, it may require assisting actors to report
to it, at reasonable intervals, about the disaster relief and initial recovery
assistance they provide. These reports shall be made public through electronic
means.

©. Any reporting requirements imposed by the NDRRMC under this Section shall

be designed so as to reduce any administrative burden on assisting actors to

the minimum necessary.

Section 56. Non-Compliance by Assisting Actors. —
a. If, on the basis of credible information, the NDRRMC suspects that any
assisting actor has failed to materially comply with its responsibilities under this

Act, and in particular its responsibilities under Chapter IV, it shall immediately

consult with the assisting actor and seek clarification or explanation. If


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still unsatisfied, the NDRRMC shall provide written notice of non-compliance

along with a decision either:

(i) to require the assisting actor to bring itself into compliance within a
specified period of time, with or without temporary suspension of its
eligibility, if any, for legal facilities under Chapter VI;

(i) to revoke the assisting actor's eligibility, if any, for legal facilities under
Chapter VI;

(ii) _ in the case of deliberate misrepresentation or fraud, to impose fines to
be set out by implementing regulation; or

(iv) _ inthe most extreme cases concerning an assisting international actor, to
revoke the Philippine’s consent for it to provide disaster relief or initial
recovery assistance in response to the disaster.

b. In the event of a decision to revoke pursuant to subsection (a)(iv) of this
Section, if the assisting international actor lacks a legal basis independent of
this Act to remain in the country, it may be required to depart, as of a date no
‘sooner than 30 days from the date of the notice.

c. Decisions to suspend or revoke legal facilities pursuant to subsections (a)(i) or
(a)(ii) of this Section may not be given retroactive effect, except in cases of
fraud or criminal misconduct attributable to the assisting international

actor.

Section 57. Transparency as to Internationally Donated Funds. —

a. Internationally donated funds received by the Government of the Philippines for
the purposes of disaster relief and initial recovery assistance shall be subject
to audit by the Commission on Audit (COA) no later than six months after the
termination of the international disaster relief period or the international initial
recovery period. The results of these audits shall be made publicly available.


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b. International donated funds received by assisting domestic actors shall be:

() maintained in a dedicated account for disaster relief or initial recovery
assistance;

(ji) subjected to an extemal audit no later than six months after the
termination of the intemational disaster relief period or the
intemational initial recovery period, whichever is sooner. The results of
these audits shall be reported to the appropriate authority and made
publicly available.

Section 58. Congressional Oversight Committee. — A Congressional Oversight
Committee is hereby created to be composed of the 3 members each from the Senate
and the House of Representatives who shall be designated by the Senate President
and the Speaker of the House of Representatives: provided, that 1 of the 3 Senators
and 1 of the 3 House members shall be nominated by the respective minority leaders
of the Senate and the House of Representatives.

The Oversight Committee is hereby mandated to oversee the implementation of this
act. For this purpose, the Oversight Committee shall set the guidelines and overall
framework for the monitoring of the implementation of this Act and shall adopt its

internal rules of procedures.

Section 59. Annual Reporting on Implementation. - The NDRRMC shall report
annually to the Congressional Oversight Committee created by Section 58 of this Act
on steps taken to implement this Act, including preparedness measures taken prior to

a disaster.

Section 60. Sanction for Non-Compliance by Officials. — Officials of the Philippines

that fail to abide by their responsibilities under this Act shall be subject to


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administrative sanctions, without prejudice to any civil or criminal liability under other
laws that might also attach to the official's actions or omissions.
CHAPTER VIII
Transit of International Disaster Assistance

Section 61. Facilitation for Transit. - In the event a Disaster occurs in another
country for which international disaster assistance is required the BOC and the Bureau
of Immigration (BI) shall facilitate the speedy transit or transhipment across the
national territory of the Philippines of international disaster assistance by assisting
intemational actors, including intemational personnel, goods, equipment and
transport, in order to reach the affected country,

Section 62. Transit Facilities Period. —

a. When, after seeking the views of the relevant authorities of a disaster affected
country, the BOC and the BI are satisfied that intemational disaster relief or
initial recovery assistance is likely to be required and that the transit or
transhipment of international personnel, goods or equipment through its
territory is likely to be helpful, the BOC and the BI may declare the beginning
of a Transit Facilities Period.

b. The Transit Facilities Period shall continue until terminated by the BOC and the
BI, when they are satisfied that Transit Facilities are no longer required.

cc. The termination of a Transit Facilities Period shall be announced to assisting
international actors no later than 5 days prior to the proposed date.

d. The transit facilities described in this Chapter shall be effective only during the

Transit Facilities Period.

Section 63. Entitlement to Transit Facilities. —


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a. Subject to subsection (b), all assisting intemational actors shall be
entitled to the Transit Facilities provided in this Chapter upon declaration
that the international personnel, equipment and goods that they seek
to send in transit through the Philippines are for the purpose of providing
international disaster relief or initial recovery assistance to a disaster-
affected country.

b. The BOC and the BI may deny transit facilities to any assisting
international actor, in case of actual or suspected fraud or if necessary

to safeguard national security or public health.

Section 64. Disaster Transit Visa. - International Personnel entering the
Philippines for the purpose of transit to a disaster-affected country shall be
entitled to waiver of entry visa requirements, including any associated fees or
charges on the condition that they exit the territory of the Philippines within a

period of 24 hours.

Section 65. Goods and Equipment in Transit and Transhipment. - The provisions
of Parts 2 and 3 of Chapter VI shall apply, mutatis mutandis, to consignments of
goods and equipment by eligible actors, when placed under customs transit

or transhipment to an affected country.

Section 66. Transport for Transit and Transhipment. - The provisions of Part 5
of Chapter VI shall also apply mutatis mutandis, to the ground, air and water
vehicles of eligible actors in transit through the territorial lands, waters or
airspace of the Philippines to provide international disaster relief or initial
recovery assistance to an affected country.

CHAPTER IX
Implementation, Transitional and Final Provisions


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Section 67. Implementing Rules and Regulation. - The NDRRMC together with
the DOF, BIR, BOC, LTO and other government agencies mentioned in this
‘Act shall draft the rules and regulations concerning all matters which are
required or permitted to be prescribed, or which are necessary to carry this Act
into effect or to give effect to any power, function, duty, or authority under this

Act.

Section 68. Separability Clause. — If any provision or part of this Act, or the
application thereof to any person or circumstances, is held invalid or
unconstitutional, the remaining sections of this Act or the application of such
provision or part hereof to other persons or circumstance shall remain in full

force and effect.

Section 69. Repealing Clause. — All laws, decrees, orders, issuances, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.

Section 70. Effectivity. - This Act shall take effect fifteen (15) days after its
approval and publication in the Official Gazette and/or in two (2) newspapers of

general circulation, whichever comes earlier.

Approved,