SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session 
) 
) 
) 
SENATE 
S.B.No. 2922 
(In substitution of SB Nos. 1084, 1149 & 1404 
and taking into consideration HB No. 5076) 
'15 'SEP -1 
P4 :25 
PREPARED BY THE COMMITTEE ON TRADE, COMMERCE & ENTREPRENEURSHIP JOINT WITH 
THE COMMITTEES ON FOREIGN RELATIONS, & 
FINANCE WITH SENATORS 
GUINGONA III, TRILLANES IV, EJERCITO-ESTRADA & AQUINO IV AS AUTHORS 
THEREOF 
"AN ACT 
CREATING THE PHILIPPINE TRADE REPRESENTATIVE OFFICE AND 
APPROPRIATING FUNDS THEREFORE" 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 1. Title. - This Act shall be known as the "Charter of the Philippine 
2 
Trade Representative Office." 
3 
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to 
4 
pursue a trade policy that serves the general welfare. creates jobs, ensures food security 
5 
and rural and industrial development, among others, and utilizes all forms and 
6 
arrangements of exchange on the basis of fair trade. The State recognizes that market 
7 
access in itself is not the end goal of trade negotiations. 
8 
It is also the declared policy of the State to ensure the right ofthe people and their 
9 
organizations to be duly informed on matters of public concern, and the right to 
10 
effectively and reasonably participate in economic decision making. 
11 
Congress has the power to regulate commerce, including commerce with foreign 
12 
nations, and the power to reorganize the bureaucracy in order to make it more responsive 
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1 
to the needs of all the stakeholders in the Philippine economy and the exigencies of 
2 
international economic relations. As any international economic, commercial or trade 
3 
agreement entered into by the Government constitutes regulation of commerce and will 
4 
affect the different stakeholders in our economy, it is essential that any agreement is 
5 
hannonized with the Philippine Constitution and existing domestic commercial laws. 
6 
Congress is cognizant of cnrrent efforts being undertaken by government in pursuing a 
7 
unified framework towards an integrated industry and trade strategy. Such efforts need to 
8 
be supported and institutionalized to ensure continued and consistent execution. Thus, the 
9 
State shall ensure that a single office shall, with competence and accountability, 
10 
spearhead all efforts of government agencies in formulating trade policies and measures 
11 
by institutionalizing stakeholder engagement, strengthening the trade policy research 
12 
network and enhancing inter-agency coordination and cooperation. 
13 
SEC. 3. Definition of Terms. -
14 
(a) "Ambassador" refers to a diplomatic official accredited to a foreign sovereign 
15 
or government, or to an international organization, to serve as the official representative 
16 
of the country. In everyday usage, it applies to the ranking plenipotentiary minister 
17 
stationed in a foreign capital. The host country typically allows the ambassador control 
18 
over a specific territory called an embassy, whose territory, staff and even vehicles are 
19 
generally afforded diplomatic immunity from most laws of the host country. 
20 
(b) "Civil Society" - the totality of voluntary civic and social organizations and 
21 
institutions that fonn the basis of a functioning society as opposed to the formal 
22 
institutions and structures of a State; 
23 
(c) "Commerce" - the entire range of activities connected with the production, 
24 
manufacturing, accumulation, gathering, mining, raising, harvesting, exchange or buying 
25 
and selling of something of economic value such as agricultural products, minerals, 
26 
goods, services, information, debt instruments, shares of stock or equity, derivatives and 
27 
money. It also includes capital formation, either through debt or equity; savings; and 
28 
investments. Finally, it likewise includes the obligations, rights, and duties of all 
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1 
economic entities such as natural persons, corporations, partnerships and governmental 
2 
entities; 
3 
(d) "Collsultatioll mechallism" - the means by which stakeholders and sectors 
4 
could participate effectively and meaningfully in the governmental process of drawing up 
5 
our international trade policy, and in coming up with all other policies and rules affecting 
6 
all aspects of international trade; 
7 
(e) "Fair trade" - a trading partnership based on dialogue, transparency and 
8 
respect, that seeks greater equity in international trade. It contributes to sustainable 
9 
development by securing and offering better trading conditions to the marginalized 
10 
producers and workers; 
11 
(f) "Illvestmellt" - the act of putting money to a business, either by directly 
12 
buying or leasing assets, hiring personnel, and entering into a whole gamut of contracts 
13 
needed to run an ongoing concern, or by buying equity in a business - typically in the 
14 
form of shares of stock; 
15 
(g) "Multisectoral" - a grouping of different sectors of the economy; 
16 
(h) 
"Nollgovemmellt orgallizatiolls (NGOs)" -
non-stock, non-profit 
17 
corporations organized under the laws of the Republic of the Philippines doing charitable, 
18 
educational, religious, social, economic, and other not-for-profit endeavors; 
19 
(i) 'Private sector" - sector of the economy that is owned by or is composed of 
20 
private individuals, including natural persons doing business in their personal capacity; 
21 
(j) "Research" - the study of the potential or actual economic implications ofa 
22 
proposed or existing trade agreement and the validation of its findings among the 
23 
stakeholders; 
24 
(k) "Sectors" - the different economic or commercial groups composed of 
25 
members with substantially common commercial interest, including business, labor, 
26 
peasants, fanners, fisherfolk, consumers, private sector, public sector, service sector, and 
27 
manufacturing sector; 
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(I) "Stakeholders" - persons or groups of persons with legitimate interest in 
2 
commerce or whose economic well-being will be affected by any government policy or 
3 
law affecting commerce, either as factors in the production, sale, or distribution of goods 
4 
and services, or as consumers or beneficiaries thereof; 
5 
(m) "Trade" - the voluntary exchange of goods, servIces and all things of 
6 
economic value, whether or not across national borders. 
7 
(n) "Trade and Investment Agreement" or "International Trade and Investment 
8 
Agreement" - an 'accord whereby two (2) or more countries bind themselves to a set of 
9 
rules that govern the commercial and investment transactions of persons originating from 
10 
any of the parties to the agreement. When it is just between two (2) countries, it is called 
11 
a Bilateral Agreement. On the other hand, if it involves more than two (2) countries, then 
12 
it is called a Multilateral Agreement. Regional Agreements are those among countries 
13 
within the same geographical area as contemplated by the agreement. Plurilateral 
14 
Agreements are specialized agreements included in a Multilateral Agreement, and where 
15 
the parties have the option of acceding. 
16 
(0) "Trade dispute" - a disagreement between two (2) or more countries to a 
17 
trade agreement that arises when at least one (1) country adopts a trade policy measure or 
18 
takes some action that one or more fellow members considers to be a breach of 
19 
agreement, or a failure to live up to the obligations under the agreement. 
, 
20 
SEC. 4. Establishment. - The Philippine Trade Representative Office, hereinafter 
21 
referred to as the Trade Office, shall be under the Department of Trade and Industry 
22 
(DTI), thereby strengthening its present trade negotiation process. 
23 
The Trade Office shall be headed by the Philippine Trade Representative who 
24 
shall hold the rank of Undersecretary. 
25 
The Trade Office shall have three (3) Deputy Trade Representatives, each of 
26 
whom shall hold the rank of Assistant Secretary. 
27 
Within thirty (30) days from the effectivity of this Act, the President shall appoint 
4 


1 
the Philippine Trade Representative and the Deputy Trade Representatives upon the 
2 
recommendation of the Secretary with the endorsement of various stakeholders. 
3 
SEC. 5. Qualifications and Limitation on Appointments. -
4 
(a) Qualifications. - The Philippine Trade Representative and Deputy Trade 
S 
Representatives must be natural-born citizens of the Philippines; of good moral character; 
6 
of unquestionable integrity and known probity and patriotism; and must have academic 
7 
training, experience and competence in business, economics, international trade law and 
8 
policy or trade negotiations. 
9 
The Philippine Trade Representative and Deputy Trade Representatives shall not, 
10 
during their tenure in office, engage in the practice of any profession or intervene, 
11 
directly or indirectly, in the management or control of any private enterprise which may, 
12 
in any way, be affected by the functions of their office, nor shall they be financially 
13 
interested, whether directly or indirectly, in any contract with the Government, or in any 
14 
franchise or special privilege granted by the government or any subdivision, agency or 
15 
instrumentality thereof, including government-owned or -controlled corporations 
16 
(GOCCs) or their subsidiaries. They shall strictly avoid conflicts of interest in the 
17 
conduct of their office. 
18 
(b) Limitations on Appointments; Disqualifications. -
No person shall be 
19 
appointed Philippine Trade Representative or Deputy Trade Representative if the person 
20 
has directly represented, aided or advised a foreign entity in any trade and/or investment 
21 
negotiation or trade dispute against the Philippines. 
22 
Likewise, the Philippine Trade Representative, the Deputy Trade Representatives 
23 
and all the members of the research group and legal team ofthe Trade Office shall not be 
24 
allowed to be employed, commissioned, or retained by foreign entities, or render any 
25 
kind of consultancy service or related work for foreign clients on trade and investment 
26 
issues within two (2) years after the expiration or termination of their service with the 
27 
Trade Office. They shall likewise maintain at all times the confidentiality of all matters 
28 
that they have handled during their service with the Trade Office. 
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SEC. 6. Functions and Responsibilities of the Trade Office. - The Trade Office 
2 
shall: 
3 
(a) Conduct research and legal studies related to trade and investments that will 
4 
enhance trade policy fonnulation; 
5 
(b) Obtain, collate and maintain a database that shall include, but not be limited 
6 
to, trade and investments statistics, trade and investment-related laws, policies, trade and 
7 
investment agreements and initiatives which have implications on the development of the 
8 
Philippine negotiating position in trade and investment agreements, and which shall be 
9 
accessible to stakeholders; 
10 
(c) Undertake consultations with stakeholders in all aspects of trade policy 
11 
fonnulation and negotiation. Stakeholders must also be directly involved in fonnulating 
12 
positions related to trade and investment negotiations in line with the national 
13 
development agenda; 
14 
(d) Fonnulate the Philippine trade position aimed to support the achievement of 
15 
the economic goals defined in the Constitntion that is a product of a regular and 
16 
meaningful consultation with relevant government agencies and various civil society 
17 
stakeho lders; 
18 
(e) Negotiate trade and investment agreements on the basis of the Philippine 
19 
Constitution and other laws, and represent the Philippines in all international trade 
20 
negotiations including 
any matter considered under the purview 
of world trade 
21 
organizations, other regional and bilateral commodity and those pertaining to direct 
22 
investment negotiations in which the Philippines participates; 
23 
(f) Advise the President and Congress through the DTI Secretary on international 
24 
trade and investments policies, its implications on the domestic economy and the impact 
25 
of domestic policies on international trade and investments commitments; 
26 
(g) 
Assert and protect the rights and interests of the Philippines nnder all 
27 
bilateral, regional and multilateral trade and investment agreements by coordinating 
28 
quick and decisive inter-agency response including, but not limited to, cases of unfair 
6 


1 
trade practices, import surges and rules on investment; 
2 
(h) Appoint, employ and fix the compensation, III accordance with existing 
3 
compensation laws, of such officers and employees as are necessary, and prescribe their 
4 
authority and duties, subject to Civil Service Commission laws, rules and regulations; 
5 
(i) 
Employ and compensate experts and consultants in accordance with the 
6 
relevant laws; 
7 
(j) Promulgate such rules and regulations as may be necessary to carry out the 
8 
functions, powers and duties vested herein; 
9 
(k) Enter into and perform such contracts, leases, cooperative agreements or other 
10 
transactions as may be necessary in the conduct of the work of the Trade Office and on 
11 
such terms as the Philippine Trade Representative may deem appropriate with any agency 
12 
or instrumentality of the Philippine government or with any public or private person, 
13 
firm, association, corporation or institution; and 
14 
(I) Adopt an official seal. 
15 
SEC. 7. Functions oj the Philippine Trade Representative.- For the purpose of 
16 
carrying out the functions of the Trade Office , The Philippine Trade Representative 
17 
shall: 
18 
(a) 
Create the organizational structure of the Trade Office consistent with its 
19 
mandate and functions provided for in this Act and according to strategic needs, which 
20 
structure shall be reviewed regularly; 
21 
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24 
25 
26 
(b) 
Head the Trade Office and exercise control and supervision over all its 
functions, activities and its organization; 
(c) 
Serve as the chief trade negotiator of the Philippines in international trade 
and investment agreements including, but not limited to, the World Trade Organization 
(WTO), regional, bilateral and plurilateral negotiations, in which the Philippines 
participates; 
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(d) 
Create sectoral and thematic desks that will receive and facilitate referral 
2 
to appropriate agencies of complaints, information and concerns pertaining to trade and 
3 
investment matters; 
4 
(e) 
Chair the Inter-Agency Coordinating Committee on international trade and 
5 
investments; 
6 
(f) 
Monitor and enforce the implementation of Philippine international trade 
7 
policy, including direct investment matters to the extent that they are related to 
8 
international trade policy; 
9 
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(g) 
Coordinate with national agencies in the performance of functions, 
including the right to issue compulsory processes pursuant to Section 15 of this Act; 
(h) 
Call upon and deputize, in times of trade policy formulation and 
negotiations, the national agencies and their personnel, and correspondingly use the 
services of the deputized agency whose functions are related to or affect international 
trade policy, including direct investment matters to the extent that these are related to 
international trade policy; 
(i) 
Act as co-chairperson of the Multi-Sectoral Advisory Committee in its 
regular and special meetings; and 
(j) 
Perform such other functions inherent to the functions of the Philippine 
Trade Representative and as the President may direct pursuant to this Act. 
SEC. 8. Ex officio Positions and Functions of the Philippine Trade 
Representative. - The Philippine Trade Representative shall be entitled to the following 
ex officio positions and functions: 
(a) Senior representative on any body that the President may establish for the 
purpose of advising the President on overall economic policies in which international 
trade matters predominate; and 
(b) Participant in all economic smllinits and other international meetings in which 
international trade is a major topic. 
SEC. 9. Functions and Duties of the Deputy Trade Representatives. - The 
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1 
Deputy Trade Representatives shall, as their principal function, conduct trade 
2 
negotiations under this Act, and shall have such other functions as the Philippine Trade 
3 
Representative may direct, to wit: 
4 
(a) Lead the negotiations for their respective sectors andlor areas of concern; 
5 
(b) Convene and chair the Sub-Sectoral Advisory Committee and the Inter-
6 
Agency Coordinating Subcommittee for their respective sectors and/or areas of concern; 
7 
(c) Ensure proper coordination among the various government agencies involved 
8 
in their specific sectors of concern and harmonize conflicting negotiating positions; 
9 
(d) Prepare sector-specific proposals and negotiating positions and strategies; and 
10 
(e) Perform all other functions as may be delegated by the Philippine Trade 
11 
Representative or as may be required by the nature or exigencies of the functions and 
12 
responsibilities of the Trade Office. 
13 
SEC. 10. Inter-Agency Coordinating Committee and Subcommittees. - In 
14 
connection with the performance of the functions, the Philippine Trade Representative 
15 
shall, to the extent necessary for the proper administration and execution of the trade and 
16 
investment agreements of the Philippines, draw upon the expertise of and consult with 
17 
national agencies. 
18 
The Philippine Trade Representative shall consult with concerned agencies and 
19 
any other agency on trade and investment policy issues without prejudice to the exercise 
20 
by the Bangko Sentral ng Pilipinas (BSP) of its authority as an independent central 
21 
monetary authority under the Constitution and Republic Act No. 7653, otherwise known 
22 
as the New Central Bank Act. All agencies consulted by the Philippine Trade 
23 
Representative shall paliicipate actively, cooperate fully and promptly provide to the 
24 
Philippine Trade Representative all documents and infonnation requested. 
25 
Further, the Inter-Agency Subcommittees shall provide inputs and support to the 
26 
Deputy Trade Representatives. 
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1 
SEC. 11. Membership in the National Economic and Development Authority 
2 
(NEDA) Board. - The Philippine Trade Representative shal! be a member of the National 
3 
Economic and Development Authority (NEDA) Board which was reorganized under 
4 
Executive Order No. 230. The Philippine Trade Representative shall have the same rights 
5 
and obligations as al! the other members of the Board. 
6 
SEC. 12. Organization of the Trade Office. - Pursuant to the provisions of this 
7 
Act and to function effectively, the Philippine Trade Representative shall be internally 
8 
supported by a Trade Research, Data Collection, Analysis and Dissemination Service, 
9 
and a Legal Service. Both Services shall comprise the Trade Office. 
10 
SEC. 13. The Trade Research, Data Collection, Analysis and Dissemination 
11 
Service. -
The Trade Research, Data Collection, Analysis and Dissemination Service 
12 
under the Trade Office shall have the fol!owing specific functions and responsibilities: 
13 
(a) Improve and strengthen the capacity of the Trade Office on research, data 
14 
collection, analysis and dissemination of trade and investments statistics, laws and 
15 
policies, agreements and other related information; 
16 
(b) Generate, maintain and update records/files of comprehensive national and 
17 
international trade statistics, tariff and nontariffmeasures, and investment-related data; 
18 
(c) Conduct sectoral and macro level impact assessment and/or potential effects 
19 
of the country's trade negotiating positions or an eventual trade agreement and validate 
20 
such studies; 
21 
(d) Provide the general public access to trade data and information and other 
22 
relevant documents through online databases, journals, publications, and other media; 
23 
(e) Collaborate with government and nongovernment research institutions on 
24 
trade and investment policies and programs in relation to the national development 
25 
program; 
26 
(f) Tap the foreign trade service corps to acquire market intelligence information 
27 
with regard to commercial, industrial and general economic conditions as well as 
10 


1 
noneconomic conditions affecting Philippine products both in the export and domestic 
2 
markets; 
3 
(g) Perform other functions as may be provided by law or assigned by the Trade 
4 
Representative or the Deputy Trade Representatives; and 
5 
(h) Conduct or facilitate the conduct of trainings and courses for the benefit of the 
6 
technical staff of the Trade Office and other government personnel directly or indirectly 
7 
engaged in trade and investment policy work in order to build, improve and enhance their 
8 
capacity and competence in trade and investment negotiations. 
9 
SEC. 14. The Legal Service. -
The Legal Service shall have the following 
10 
functions and responsibilities: 
11 
(a) Provide legal advice to the Trade Office including legal advice on trade and 
12 
investment negotiations; 
13 
(b) Interpret laws and rules affecting the operations of the Trade Office; 
14 
(c) Prepare contracts and instruments to which the Trade Office is a party, and 
15 
interpret provisions of contracts covering work performed for the Trade Office by private 
16 
entities; 
17 
(d) Assist in the promulgation of rules governing the activities of the Trade 
18 
Office; 
19 
(e) Prepare comments on proposed legislation concerning the Trade Office; 
20 
(f) Assist the Solicitor General in suits or cases involving the Trade Office or its 
21 
officers or employees, or act as their principal counsel in all actions taken in their official 
22 
capacity before judicial or administrative bodies; 
23 
(g) Assist the Trade Office in ensuring that the rights and interests of the Republic 
24 
of the Philippines are protected in the WTO agreements, other multilateral trade, 
25 
regional, plurilateral and bilateral trade and investment agreements; and ensure that the 
26 
counterpart countries comply with their obligations in the agreements; 
27 
(h) Represent the Republic of the Philippines in any dispute settlement before the 
11 


1 
WTO, other multilateral trade agreements, bilateral trade agreements or in any other suit 
2 
involving international trade; and 
3 
(i) Perform such other functions as may be directed by the Philippine Trade 
4 
Representative. 
5 
SEC. 15. Issuance of Compulsory Processes. - Pursuant to Section 7 ofthis Act, 
6 
the Trade Office, in aid oftrade policy formulation and negotiations, shall have the power 
7 
and authority to invite or summon by subpoena ad testificandum any public official, 
8 
private citizen or any other person to testify before it, or require any person by subpoena 
9 
duces tecum to produce before it such records, reports, documents or other materials as it 
10 
may require. There shall be complied within thirty (30) days from receipt of the subpoena 
11 
issued; otherwise any failure to comply is punishable under Section 22 of this Act. 
12 
SEC. 16. Filing of Cases Against Violators. - The Trade Office shall have the 
13 
authority to file cases and other appropriate legal actions to further its mandate under 
14 
Section 7(f) and (g) and collaborate, if necessary, with relevant government agencies and 
15 
stakeholders in order to protect the rights and interests of the Philippines in relation to 
16 
trade and trade-related investments. 
17 
SEC. 17. The Multi-Sectoml Advisiory Committee (MSAC). - There is hereby 
18 
created a Multi-Sectoral Advisory Committee hereinafter referred to as the MSAC. 
19 
The MSAC shall be composed of representatives of industries, agriculture, labor, 
20 
small business, service industries, retailers and consumers and shall be broadly 
21 
representative of key economic sectors and groups affected by trade. 
22 
Members of the MSAC and the Subcommittees shall be appointed by the 
23 
Philippine Trade Representative upon the endorsement of various NGOs and 
24 
stakeholders. Members of the MSAC shall serve without either compensation or 
25 
reimbursement of expenses. 
26 
The MSAC will meet as needed at the call of the MSAC Chairperson or the 
27 
Philippine Trade Representative depending on various factors such as the level of activity 
12 


1 
of trade negotiations. 
2 
SEC. 18. Duties alld FUllctiolls o.ftlte MSAC.-
3 
(a) The MSAC shall provide information and advice to the Philippine Trade 
4 
Representative on trade and trade-related matters towards the achievement of the 
5 
economic goals defined in the Constitution that are aimed at balancing the interest of 
6 
these various stakeholders with respect to: 
7 
(I) Negotiating objectives and bargaining positions before entering into a 
8 
trade and investment agreement; 
9 
(2) 
The operation, implementation and monitoring of any trade and 
10 
investment agreement once entered into; 
11 
(3) Dispute settlements, noncompliance and/or violations to any trade and 
12 
investment agreement; and 
13 
(4) Other matters ans111g 
111 
connection with the development, 
14 
implementation and administration of the trade and investment policy. 
15 
(b) The MSAC shall provide technical support to the Philippine Trade 
16 
Representative by drawing upon the knowledge and expertise of its members; 
17 
(c) Prior to any trade negotiations, the MSAC shall participate in the 
18 
development of the negotiation objectives and bargaining positions of the country and at 
19 
the conclusion of negotiation for its trade agreement entered into, provide a report to the 
20 
Philippine Trade Representative to form part of the latter's report to the President and 
21 
Congress, pursuant to Section 6(f) of this Act. The report of the MSAC shall include an 
22 
assessment and evaluation of whether and to what extent the agreement promotes 
23 
Philippine economic interests and achieves the applicable overall and principal 
24 
negotiating objectives set forth; 
25 
(d) The MSAC shall accompany and advise the Philippine delegation in trade and 
26 
investment negotiation missions; and 
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1 
(e) The MSAC shall likewise recommend to the Philippine Trade Representative 
2 
the participation of a private sector representative to accompany the Philippine delegation 
3 
in an observer capacity in trade negotiations. 
4 
SEC. 19. Meetings and Staff Support of the MSAC. - The Philippine Trade 
5 
Representative shall: 
6 
(a) Preside over the MSAC which shall meet as needed depending on various 
7 
factors such as the level of activity of trade negotiations; 
8 
(b) Call for a regular meeting of the MSAC during the first and third quarters of 
9 
the year, and may eall for special meetings as may be necessary depending on various 
10 
factors such as the level of activity of trade negotiations; 
11 
(c) Approve and set the agenda for all MSAC meetings; and 
12 
(d) Provide the secretariat and other necessary staff support for the MSAC 
13 
meetings. 
14 
SEC. 20. Sub-Sectoral Advisory Committee (SSAC). - There is hereby created a 
15 
Sub-Sectoral Advisory Committee, hereinafter referred to as the "SSAC", to be organized 
16 
by the Philippine Trade Representative for trade and investment policy formulation and 
17 
negotiations. 
18 
The SSAC shall be broadly representative of the key sectors and groups of the 
19 
economy, particularly with respect to those sectors and groups which are affected by 
20 
trade, and shall consist of representatives of industry, the academe, agriculture, fisheries, 
21 
labor, small business, service industries, retailers, consumer interest and other stakeholder 
22 
groups. 
23 
Members of the MSAC and the SSAC shall be appointed by the Philippine Trade 
24 
Representative upon the endorsement of various NOOs and stakeholders. Members ofthe 
25 
committees shall serve without either compensation or reimbursement of expenses. 
26 
The Chairpersons of the MSAC and the SSAC shall be elected by their respective 
27 
members. 
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SEC. 21. Confidentiality Agreement. - To protect the Trade Office from the 
2 
unauthorized disclosure of classified information and information relating to trade policy, 
3 
the members of the MSAC and its Subcommittees shall enter into a confidentiality 
4 
agreement with the Trade Office and comply with other requirements established with the 
5 
Trade Office. 
6 
SECT. 22. Penalties.-
7 
(a) Noncompliance on the Issuance of Compulsory Processes. - Any person or 
8 
entity who fails to comply to the subpoena issued by the Trade Office within the thirty 
9 
(30)-day deadline shall suffer the penalty of imprisonment for a period of not less than 
10 
six (6) months but not more than one (1) year or shall be imposed a fine of not less than 
11 
One hundred thousand pesos (PHPIOO,OOO.OO) but not more than Five hundred thousand 
12 
pesos (PHPSOO,OOO.OO), at the discretion of the court. 
13 
(b) Violation of Confidentiality of Agreement. - Any person or entity who shall 
14 
violate the confidentiality of agreement under this Act shall suffer the penalty of 
15 
imprisonment for a period of not less than six (6) months but not more than one (1) year 
16 
or shall be imposed a fine of not less than Two hundred fifty thousand pesos 
17 
(PHP2S0,000.00) but not more than Five hundred thousand pesos (PHPSOO,OOO.OO), at 
18 
the discretion of the court. 
19 
(c) Other Violations. - After due notice and hearing, the Philippine Trade 
20 
Representative shall, upon finding of CUlpability, impose administrative fines against any 
21 
person, organization or any other entity in such amount as it may deem reasonable which 
22 
in no case shall be less than Fifty thousand pesos (PHPSO,OOO.OO) but not more than Five 
23 
million pesos (PHPS,OOO,OOO.OO) for any violation of any provision under this Act. 
24 
SEC. 23. Transfer of Functions. - The functions of the Bureau of International 
25 
Trade Relations under the DTI, Attaches and Permanent Mission to the WTO, the 
26 
Association of Southeast Asian Nations (ASEAN) and the United Nations International 
27 
Organization (UNIO), and the trade negotiating and policy-making functions of the Tariff 
28 
and Related Matters Committee (TRMC) are hereby transferred to the Trade Office. 
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1 
The foregoing transfer of powers and functions shall include all applicable funds 
2 
and appropriations, records, equipment, property and personnel as may be necessary. 
3 
SEC. 24. Implementing Rules and Regulations. - The Trade Office under DTI in 
4 
consultation with the Department of Agriculture, the Department of Foreign Affairs and 
5 
the NEDA, shall issue the rules and regulations necessary to implement the provisions of 
6 
this Act sixty (60) days from the date of appointment of the Philippine Trade 
7 
Representative. 
8 
SEC. 25. Appropriations. - The amount necessary to implement the provisions of 
9 
this Act shall be charged against the current year's appropriations of the Bureau of 
10 
International Trade Relations under the DTI, Attaches and Permanent Mission to the 
11 
WTO, the ASEAN, the UNIO, the TRMC and other concerned agencies. Thereafter, such 
12 
sums as may be necessary for its continued implementation shall be included in the 
13 
annual General Appropriations Act. 
14 
SEC. 26. Separability Clause. - If any section or provision of this Act shall be 
15 
declared unconstitutional or invalid, the other sections or provisions not affected thereby 
16 
shall continue to be in full force and effect. 
17 
SEC. 27. Repealing Clause. - All laws, rules and regulations and other issuances 
18 
inconsistent with the provisions of this Act, including Section 6 of Executive Order No. 
19 
230, Series of 1987 and relevant provisions of Executive Order No. 133, Series of 1987, 
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are deemed modified, revoked or repealed accordingly. 
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SEC. 28. Effectivity. - This Act shall take effect fifteen (15) days following its 
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complete publication in the Official Gazette. or in a newspaper of general circulation. 
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Approved, 
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