There  are  natural   hazards  which  always  confront  us.  We  should  always  try  to
mitigate the effects of natural hazards and be prepared to act immediately before, during and
after a disaster to minimize.  if not prevent, destruction of property and loss of lives.
Despite all the preparations, these disasters can still wreak havoc and it is in times of
devastation when disaster aid comes from all over the world. As such, the Philippines must
be  prepared  for  the  possibility  that  they  may  one  day  require  international  assistance  to
respond to a disaster on their territory.  If such an event occurs, global experience shows that
an affected  state will  benefit from  a clear legal framework for the entry and  coordination of
international  humanitarian  assistance,  which  balances  safeguards  for  public  security  and
safety  against  the  urgent  needs  of those  affected  by  the  disaster.  States  will  also  find  it
easier to facilitate the speedy transit of humanitarian aid destined for other states affected .by
disaster, if the legal framework is already in place.
This bill  is intended to  help the Philippines address some of the legal and  regulatory
issues  that  commonly  arise  concerning  international  assistance  during  disasters.  These
issues  relate  to  the  entry  and  operation  of  assisting  international  actors,  and  also  to  the
coordination of their assistance,  especially in the  relief and  initial  recovery period.  Issues  in
legal entry and operation often include:
1.    Delays in the entry of international humanitarian personnel, goods and equipment
due to the requirements of customs and immigration laws which are not adapted
to a situation of urgency;
2.    Imposition of duties, tolls and taxes on relief items and activities;
3.    Problems   granting   legal   recognition   of   foreign   qualifications   for   specialised
professional personnel; and
4.    Difficulties  in  granting  legal  recognition  for  foreign  humanitarian  organizations,
which  mean they may not be able to open  bank accounts,  hire local staff,  lease
premises, or other legal actions necessary for efficient in-country assistance.
Further,  there  are  also  other  issues  in  the  quality  and  coordination  of  international
relief which may include:
1.    Importation of unnecessary or inappropriate relief items;
2.    Failure to coordinate with domestic authorities and other relief providers;
3.    Use of inadequately trained personnel;
4.    Failure to consult with beneficiaries;
5.    Culturally unacceptable behaviour
This  bill  will  hopefully  address  these  and  other  issues  to  ensure  that  proper  and
opportune disaster aid reach the areas affected in as little time as possible.
In view of the foregoing, immediate passage of this bill is earnestly sought.
lGUEZ


NINETEENTH CONGRESS                  )
REPUBLIC OF THE PHILIPPINES    )
First Regular session                              )
HOUSE OF REPRESENTATIVES
Introduced by Representative Rufus 8. Rodriguez
House -brii No.  53 5 2
AN ACT
FACILITATING  AND  REGULATING  INTERNATIONAL  DISASTER  RELIEF  AND  INITIAL
RECOVERY ASSISTANCE AND FOR OTHER PURPOSES
Be  it enacted  by the  Senate  and  House of Representative of the  Philippines  in  Congress
assembled:
Chapter I
General Provisions
Section 1. Short 77.I/e - This Act shall be known as the "/nternafi.ona/ Di.sasfer Re/i.ef and
Initial Recovery Assistance Act' .
Section  2.  Purpose  and  Scape -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:
(i)            sets   out   roles   and    responsibilities   for   key   officials   and    departments
concerned   with   the   facilitation   and    regulation   of   international   disaster
assistance;
(ii)          establishes     procedures    for         initiating,     coordinating,     and    terminating
international disaster assistance;
(iii)         establishes  the  mechanism  for  recognition  of  eligibility  for  legal  facilities  for
certain assisting actors;
(iv)        specifies the legal facilities to be provided to such eligible actors; and
(v)         specifies   that   minimum   standards   are   expected   from   assisting   actors
providing international disaster assistance;
Section 3. Def/.r}/.I/.ons - For purposes of this Act,
a.   "Ass/.sf/.ng Acto/' means any assisting  international actor and any assisting domestic
actor responding to a disaster in  the Philippines;
b.    "Ass/.sf/.ng Domesf/.c Acfo/' means any non-profit entity established under the laws of
the Philippines, which is responding to a disaster in the territory of Philippines;
c.    "Ass/.sf/'ng   /ntemaf/.ona/  Acfo/'   means   any  foreign   state,   organization,   entity  or
individual responding to a disaster on the territory of the Philippines;
d.     "Ass/.sfi.ng  Sfafe"  means  any foreign  government that  is  providing  disaster  relief or
initial  recovery assistance  to  the  Philippines,  whether through  its  civilian  or  military
institutions;
e.    "Di.saster Re//.ef'  means the goods,  equipment,  services and  internationally donated
funds  provided  to  meet  the  immediate   humanitarian   needs  of  disaster  affected
communities;
f.     "Di.saste/'  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;
a.   ``Domestic  Non-Governmental  Organizatiorf'  or "Domestic  NGcy'    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.   "E//.g/.b/e Acfo/' means any assisting actor that has been determined to be eligible to
receive legal facilities, in accordance with Chapters V and Vl of this Act;
i.     "Equ/.pmenf" means physical  items, other than goods, which come from  international
sources  and  are  designated  for use  in  disaster relief or  initial  recovery assistance,
including, but not limited to, vehicles, medical, and telecommunications equipment;
•|.    "Foreign Components of the International 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-Governmental    Organizatiorr    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'
I.     "Goods"  means  supplies  from   international   sources   intended   to   be   provided   to
disaster-affected communities for their relief or initial recovery;
in.   "/n/.I/.a/ Recovery Assi.sfar)ce"  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.   "/nfemafi.ona//y  Donated  Funds"  means  any  funds  donated  by  foreign  persons  or
entities directly to the Government of Philippines or to an assisting domestic actor for
purposes of disaster relief or initial recovery assistance;
o.   "/ntemafi.ona/   Di.saster   Assi.stance"   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;
p.   "/ntemafi.ona/  Di.saster  Re/i.ef  Pert.oct'  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  Vl  are  made  available  to  eligible  actors  for  the  purpose  of
providing disaster relief;
q.   ``/ntemafi.ona/  /ni.fi.a/  Recovery  Pert.oct'  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  Vl  are  made  available  to  eligible  actors  for  the  purpose  of
providing initial recovery assistance;
r.    "/ntemafi.ona/  Personne/'  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;
s.    "Legal   Facilities"  means  the  special  entitlements  and  exemptions  that  are  made
available to Eligible Assisting Actors under Chapter Vl of this Act;
t.     "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;
u.   "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;
v.    "Transit  Facilities"  means  the  special  entitlements  and  exemptions  that  are  made
available to assisting international actors under Chapter Vll 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.
Section   4.   Ex/.sf/.ng  R/.ghts,   Pr/.v/./eges  and  /mmL/n/`f/.es  -   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 11
Initiation and Termination of International Disaster Assistance
Sediion 5. Assessment of the Need for International Disaster Assistance -
a.  Immediately  after  the  onset  of  a  major  disaster,  and  in  consultation  with  relevant  local
government   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.
b.  In  the  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 reflect new information
and c hanging 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.
Sechiron 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:
a.    information as to the extent and type of assistance required, based on the list
prepared by the NDRRMC    pursuant to   Section   5, unless this would lead to
undo delay; and
b.    information on the procedures for assisting international actors to make offers
or provide assistance pursuant to Section 7.
Sediron I . Offers and Acceptance of International Assistance -
a.  Assisting  states and  intergovernmental  organizations  interested  in  providing  international
disaster assistance  shall  direct offers  to  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.
See:hiion 8. International Disaster Relief and Initial Recovery Periods -
a.   the   international   disaster   relief   and   initial   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,   and   shall   continue   until
terminated pursuant to Section 9 or Section 10, as appropriate.
b.  The  legal facilities described  in  Chapter Vl  shall only be effective during the  international
disaster relief and initial recovery periods.
Sect]ron 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 responsibilities.
Sec:hiron 10. Termination of the International 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  period,
with due consideration for the impact on ongoing initial recovery activities.
b.   The termination  date  shall  be  announced  to  assisting  actors  no  later than  30  days
prior to the proposed date.
c.    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 Ill
Coordination and Preparedness for International Disaster Assistance
See:hiron 11. Coordination Duties and Powers of the Focal Point Agency -
a.    The  NDRRMC  shall  serve  as  a  central  focal  point  agency  for  liaison  between  the
government of Philippines and  assisting  international  actors,  promoting  the effective
facilitation, coordination and oversight of international disaster assistance pursuant to
this  chapter.    As  such,  the  NDRRMC  shall  serve  as  the  main  counterpart for any
applicable international or regional coordination mechanisms.
b.     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.
c.    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 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  international 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.
Sectjron 12. Taskforce on International Disaster Assistance Preparedness -
a.   A   cross-sectoral   Taskforce   on   International   Disaster   Assistance   Preparedness
(hereinafter "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:
i.        The NDRRMC
ii.       The Department of social welfare and Development;
iii.        The philippines National Red cross;
iv.       The office of the Governor of the province involved;
v.       The office of the congressman/Congressmen of the Districvs involved;
vi.       The office of the Mayor/s 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.
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:
i.       Prepare  and  update  manuals,  guidelines,  plans  or other  procedures for the
entry  and   coordination   of  international   disaster  relief  and   initial   recovery
assistance;
ii.        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;
iii.        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
lv.
V.
Vl.
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 lv 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:
i.        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  of
relevant  procedures,  manuals  and  other technical  materials  concerning  the
facilitation of international disaster assistance; and
ii.       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.
Sechiion 13. Single Window International Facilitation Teams (SWIFTs) -
a.    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 international disaster relief and initial
recovery  personnel,   goods,   equipment  and  transport,   as  well  as  the  application
process for eligibility, as described in Chapter V.
b.    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 legislation.
c.    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.
d.    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.
e.    In  the  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.
Sechiion 14. Operational Coordination of Assisting International Actors -
a.    National   and   local   authorities   shall   endeavour  to   integrate  the   role  of  assisting
international  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  international 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.
c.    Assisting   international   actors   shall   cooperate   with   any   international   or   regional
mechanisms  for  coordination  that  have  been  specifically  approved  for  a  particular
operation by the NDRRMC.
Sect.ion  15.  Limited  Exemption  from  Privacy  of  Personal  Data  -  Publ.ic  author.itlies  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 lv
General Responsibilities of Assisting Actors
Set:ti\on 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:
i.       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;
ii.        seek  to  further  a   particular  political  or  religious  standpoint  or  interfere   in
internal matters irrelevant to the Disaster response;
iii.        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.
Sediion  11.  Respect  for  the  Dignity  of  Persons  Affected  by  Disaster -Alsstisting  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.
Section  18.  Qua//.fy of Goods and Serv/.ces -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  with  technical
quality standards as contained by regulations to be developed by the NDRRMC.
Set:tiron 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 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 destroyed,  recycled or otherwise disposed of in a safe,
environmentally sensitive and effective manner and in compliance with Philippine laws.
Chapter V
Eligibility for Legal Facilities
Secti\on 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 Vl, the legal facilities
are equally effective during both of those periods.
b.    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.
c.    The  legal facilities described  in  Parts  1  to  5  in  Chapter Vl  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   international   personnel,   goods,
equipment and  transport they  bring  to  the  country from  abroad  to  provide  disaster
relief or initial recovery assistance.
See:tiron 21. Deemed Eligibility for Legal Facilities for Certain Assisting Actors -
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  Vl   of  this  Act  without .a  further
application process pursuant to Section 22:
(i) Assisting States;
(ii) Relevant intergovernmental organizations,  including United
Nations and regional organizations;
(iii) Any other assisting actor that the NDRRMC wishes to deem eligible.
b.    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.
Secti\®n Z2. 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  international
actors may apply only if they are recognized as a legal person in a foreign country or
under international law.
b.    The  eligibility  of  private  businesses  for  legal  facilities  shall  be  limited  to  assistance
from which they make no profit or other commercial gain.
c.    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.
d.    All Assisting Actors seeking eligibility shall submit:
(i) certified copies of documents evidencing their legal personality in a foreign
jurisdiction  or  under  international  law,  in  the  case  of  assisting  international
actors, or under the laws of the Philippines,  in the case of assisting domestic
actors;


(ii)  the  name  and  full  contact  details  of the  authorized  representative  of the
organization and the address of its headquarfers, if any, in the Philippines;
(iii) documentation  relating  to their previous experience  and  current capacity
in providing effective disaster relief or initial recovery assistance;
(iv) an  undertaking  relating  to their organizational  commitment and  practices
concerning the responsibilities set out in Chapter lv.
Sediion 23. Eligibility Determination and Certificates -
a.    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.
(i)  For  applications  made  during  the  international  disaster  relief  period,  the
NDRRMC  shall  respond  no  later  than  2  days  after  receipt  of  all  required
documents.
(ii)  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.
b.    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.
c.    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  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 Vl.
d.    A  certificate  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.
Sectiion 24. Termination of Eligibility for Legal Facilities - E1.ig'ib.il.ity Of ass.isti\ng actors +or the
relevant Chapter VI  legal facilities  may be terminated  upon the  request of the eligible actor
concerned  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 Eligible Actors
Part 1
International Personnel
Section 25. D/'saster V/.sa -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.
Sediion Z6. Recognition of Foreign Professional Qualifications -


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.
Section  27.  Recogni.fi.on  of  Forei.gn  Drt.vt.ng  Lt.censes  -  The  Land  Transportation  Office
(LTO) and other relevant authorities shall accord temporary recognition of the foreign driving
licenses  of  the  international  personnel  of  eligible  actors,  during  the  international  disaster
response and initial recovery periods.
Sectlion 28. Freedom of Access -
a.  The  international  personnel  of eligible actors  under this Act shall  be provided freedom of
access  to  disaster-affected  areas  and  persons  requiring  disaster  relief  or  initial  recovery
assistance,  subject  only  to  limitations  based  on  national  security,   public  order  or  public
health, weighed in the context of the urgency of the disaster needs.   They shall be permitted
to provide their goods and services directly to affected persons.
b.   In  situations  where  the  relevant  authorities  have  decided  to  restrict  public  access  to
affected  areas  out  of concern  for the  safety of those  persons  seeking  to  enter,  they  shall
warn the international personnel of eligible actors, but allow them to enter, if they may do so
without endangering others and if the international personnel assume the risk.
Part 2
Entry of International Disaster Goods and Equipment
Section 29.  CLisfoms Faci./i.fafi.on and Pr7.ori'fy 77eafmenf - As further described  in this Part,
the  Bureau  of Customs  shall  facilitate  the  rapid  importation  of consignments  of goods  and
equipment by eligible actors and shall accord them priority treatment in handling.
Section  30.  Duty  of  Camp/i'ar)ce  by  E/i.g7.b/e  Actors  -  ln  order  to  benefit  from  the  legal
facilities in this part, eligible actors shall:
a.   declare  that  all  the  goods  and   equipment  they  seek  to   import  under  this   Part  are
exclusively  for  disaster  relief  or  initial  recovery  assistance  and  that  they  comply  with  any
relevant standards under national law, including as provided in this Act or its regulations; and


b.   pack,   classify   and   mark   their   consignments   in   accordance   with   the   requirements
described in this part and as directed by the Bureau of Customs.
Section 31. Represenfaf/.on 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.
Sediion  32.  Exemption  from  Import  Duties,  Taxes  and  Restrictions  -  Consiignments  Of
goods and equipment by or on behalf of eligible actors shall benefit from:
a.           exemption from all duties and taxes;
b.           waiver  of  economic  prohibitions  and   restrictions  except  for  categories  of
special goods and equipment as provided in Part 3 of this Act; and
C.
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.
Sectiion 33. Simplification of Documentation Requirements -The Bureau Of Customs shall..
a.
e.
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: Provt.ded, 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;
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;
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;
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.
Section  34.  Erdended HOLrrs  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 for the
release  or clearance  of consignments  of goods  or equipment  imporfed  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.
Section  35.  /nspecf/.ons  and  Customs  Securt.fy -  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;


b.  use  risk  analysis,  preferably  on  the  basis  of  advance  information,  to  determine  which
consignments  of goods  and  equipment  imported  by or on  behalf of eligible  actors  shall  be
inspected and the extent of that inspection;
c.  waive,  as  feasible,  any  customs  security  that would  normally  be  required  in  respect  of
consignments of goods and equipment imported on or behalf of eligible actors.
Part 3
Expedited Entry and Use Restrictions for
Specific International Disaster
Goods and Equipment
Sectiion 36. Telecommunications Equipment -
a.  Eligible actors shall be permitted to import telecommunications equipment for the purpose
of  disaster  relief  or  initial  recovery  assistance  without  restrictions,  except  as  required  for
purposes of national security or public order.
b.  Upon  notification of the names, frequencies,  as applicable,  and  locations of intended  use
of    such    telecommunications    equipment    imported    by    eligible    actors,    the    National
Telecommunications  Commission  (NTC) shall waive any  licensing  requirements or fees for
their use.
c. The NTC shall also grant eligible actors priority over domestic users with the exception of
security forces, ambulance services and other domestic emergency responders in access to
bandwidth,    frequencies   and    satellite   use   for   telecommunications   and    data   transfer
associated with disaster relief and initial recovery assistance.
Sectjion 31. Medications -
a.  Eligible  actors  shall  be  permitted  to  import  medications  and  medical  equipment  for the
purpose  of  disaster  relief  or  initial  recovery  assistance  so  long  as  they  conform  to  the
requirements of this Section.
b.  Any  such  medications  and  medical  equipment  shall  be  appropriate  to  the  needs  of the
disaster-affected  persons,  and  shall  be  legal for use  in the country of origin according  to  its
laws as well as in Philippines according to appropriate laws on pharmaceuticals.  Pursuant to
subsections  (c)  and  (d)  below,  a  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:
(i)           transported  and  maintained  by the  eligible  actor in  appropriate  conditions  at
all times to ensure their quality and;
(ii)          guarded against misappropriation and abuse.
d.  Medications intended for donation for the use of others shall be:
(i)           at  least   12   months  from  their  expiry  date   upon  arrival,   unless  otherwise
(jj)        :r:::i;i:a':ydaagnr:efab]%ttahi:eDde3;iTee:tii:{bTee:'#o(rp::}propriate conditions to
ensure their quality until they reach their intended domestic recipients; and
(iii)        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.


Section 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).
Section  39.  /mporfed  Veht.c/es  -  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.
Section  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
Sechiion 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:
(i)           retained  by eligible  actors that are  non-profit entities and  used  or distributed
by   them   for   humanitarian,   development   or   charitable   purposes   in   the
Philippines;
(ii)         re-exported pursuant to section 42;
(iii)        donated pursuantto section 43; or
(iv)        disposed ofpursuantto section 19.
c. Additionally, such goods and equipment may be sold, but only:
(i)           after the termination of the initial recovery period; and
(ii)         with payment of all fees, duties, taxes or charges that were previously waived
or exempted for these items under this Chapter.
Section 42.  Re-Expch of Goods and Equ/.pmenf - 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:
a.  re-export  is  commenced  no  later  than  two  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.
Section 43. Donaf/.on of Unused Goods and Equ/.pmenf - When they are no longer needed
for their disaster relief or initial  recovery assistance,  eligible  actors are  permitted  to  donate
any imporfed 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  BOG  and
the Bureau of Internal Revenue (BIR) of 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  National  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 5
Transport
Section 44.  Faci'/t.fafi.on of Means of Transpch - 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.    Be  accorded  priority treatment for  passage,  including,  as  appropriate,  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 the Philippines,  including,  but not limited to:
(i) overflight,  landing,  parking, taking off and navigation service fees;
(ii) demurrage and docking fees; and
(iii) road to,,s.
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.
Section 45.  Entry of Transpch 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.
Section 46. IVofi.ce of 77ansporf -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  the   Philippines   (CAAP)   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.
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.
Part 6
Legal Capacity and Employment
Section  47.  Lega/  Capacr.fy of Assi.sir.ng  /ntemafi.ona/ 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;


enter into contracts and leases;
acquire and dispose of movable property;
receive and disburse private funds;
instigate legal proceedings;
engage and terminate locally engaged  personnel,  as set out in Section 49 of
this Act.
Sechiion 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;
b.    Eligible  assisting  international  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  labour  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;
ii.               engage  local  personnel  pursuant  to  fixed-term  contracts,  which  may
be  of  short  duration,  and  may  be  renewed  as  required  without  creating  an  open-
ended obligation.
Section  49.  Jur/.sd/.cti.on  over  /nfemaf/.ona/  Personne/  -Jurisdiction  concerning  contracts
between eligible assisting  international actors and  international  personnel engaged  by them
shall be determined based on the application Philippine laws on jurisdiction.
Part 7
Taxation of Eligible Assisting  International Actors
Sechiron 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 international disaster relief
or  initial  recovery  periods.  Eligible  assisting  international  actors  shall  also  be  exempt from
registration for vat during the same periods.
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.
Section 51. /ncome 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  international  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.
Section  52.  Property,  Assets and Other S/.mi./ar  Taxes -  During  the  international  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.
Part 8
Currency and Banking
Set:tiion  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.
Section  54.  Preferenfi.a/  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 Vll
Supervision, Reporting and Sanctions
Sechiion 55. Supervision of Assisting Actors -
a. The NDRRMC shall  be responsible for monitoring the compliance of assisting actors with
their responsibilities under this Act, and in particular Chapter lv.
b.  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 publicly available through electronic means.
c.   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.
See:hiion 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  lv,  it  shall  immediately  consult  with  the  assisting  actor  and
seek clarification or explanation.   If 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 Vl;
(ii) to revoke the assisting actor's eligibility,  if any, for legal facilities under Chapter Vl;
(iii) in the case of deliberate misrepresentation or fraud, to impose fines to be set out
by implementing regulation; or
(iv) in the 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.
Set:hiron 5FT . 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.
b.  International donated funds received by assisting domestic actors shall be:
(i) maintained in a dedicated account for disaster relief or initial recovery assistance;
(ii) subjected to an external audit no later than six months after the termination of the
international  disaster  relief  period  or  the  international  initial  recovery  period,  whichever  is
sooner.   The results of these audits shall be reported to the appropriate authority and made
publicly available.
Section 58. Congressi.ona/ Overst.ghf Comm/.flee -A Congressional Oversight Committee is
hereby created  to be  composed  of the three  (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 one (1)  of the three (3)  Senators
and   one (1)   of  the   three   (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. Anrwa/ Raporfi.ng on  /mp/emenfafr.on - 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. Sancf/.on for IVon-Comp//.ance by Off/.c/.a/s -Officials of the Philippines that fail to
abide  by  their  responsibilities  under  this  Act  shall  be  subject  to  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 VllI
Transit of International Disaster Assistance
Section  61.  Fact./t.fa fr.on  for  rransf.f -ln the  event a  Disaster occurs  in  another country for
which  international  disaster assistance  is  required  the  BOC and  the  Bureau  of Immigration
(81)  shall  facilitate  the  speedy  transit  or  transhipment  across  the  national  territory  of  the
Philippines  of  international  disaster  assistance  by  assisting  international  actors,  including
international  personnel,  goods,  equipment  and  transport,  in  order  to  reach  the  affected
country,
Sechron 62. Transit Facilities Period
a.   When,  after  seeking  the  views  of  the  relevant  authorities  of  a  disaster  affected
country,  the  BOG  and  the  81  is  satisfied  that  international  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 81 may declare the beginning of a Transit Facilities Period.
b.    The Transit  Facilities  Period  shall  continue  until  terminated  by the  BOC  and  the  81,
when it is satisfied that Transit Facilities are no longer required.
c.    The   termination   of  a   Transit   Facilities   Period   shall   be   announced   to   assisting
international actors no later than five (5) days prior to the proposed date.
d.    The  transit  facilities  described   in  this  Chapter  shall   be  effective  only  during  the
Transit Facilities Period.


Sechi\on 63. Entitlement to Transit Facilities -
a.  Subject to subsection  (b),  all  assisting  international  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 81 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.  Di.sasfer  77ansi.f  Vt.sa -  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.
Sechiion 65. Goods and Equipment in Transit and Transhipment -The prow.isjions Of Parts 2
and 3 of Chapter Vl 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.  7fanspch for rranst.f and 7+anshi.pmenf - 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 lx
[mplementation, Transitional and Final Provisions
Section  67.  Implementing  Rules  and  Regulations  -The  NDRRMC  together with  the  DOF,
BIR,  BOG,  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.  Saparabi'/r.fy  C/atise. -  lf  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. Rapea//.ng C/aL/se. -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.  Effecfi.v/.fy. -This Act  shall  take  effect  fifteen  (15)  days  after  its  approval  and
publication   in   the Off7.ci.a/   Gazette and/or   in   two   (2)   newspapers   of  general   circulation,
whichever comes earlier.
Approved,