AMENDING RULE 2, SECTIONS 4, 5, AND 8; RULE3, SECTION 3; RULE 17, SECTION 2, AND RULE 18, SECTION 5, AND ADDING A NEW RULE 18 SECTION 6 OF THE IMPLEMENTING RULES AND REGULATION OF TITLE XIII OF REPUBLIC ACT NO. 8424 OTHER-WISE KNOWN AS THE "NATIONAL REVENUE CODE OF 1997", AS AMENDED BY REPUBLIC ACT NO. 11534 OR THE "CORPORATE RE-COVERY AND TAX INCENTIVES FOR ENTERPRISES (CREATE) ACT"
- Notifying member
- Philippines
- Title
- AMENDING RULE 2, SECTIONS 4, 5, AND 8; RULE3, SECTION 3; RULE 17, SECTION 2, AND RULE 18, SECTION 5, AND ADDING A NEW RULE 18 SECTION 6 OF THE IMPLEMENTING RULES AND REGULATION OF TITLE XIII OF REPUBLIC ACT NO. 8424 OTHER-WISE KNOWN AS THE "NATIONAL REVENUE CODE OF 1997", AS AMENDED BY REPUBLIC ACT NO. 11534 OR THE "CORPORATE RE-COVERY AND TAX INCENTIVES FOR ENTERPRISES (CREATE) ACT"
- First published
- 29/11/2021
- First EIF
- 29/11/2021
- Latest published
- 29/11/2021
- In force to
- Latest notification
- G/LIC/N/2/PHL/209
- Product categories
- List of products subject to licensing
- Attachment
- 131-Annex B.2_CREATE Act IRR Amendments.pdf
- Nature of licensing
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Non-automatic
- Administrative purpose/measure being implemented
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- Other
- Decription of purpose/measure being implemented
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importation of capital equipment, raw materials, spare parts, and accessories duty/ tax and duty free, which is implemented by the Board of Investments (BOI) as provided under Republic Act No. 11534 or the Corporate Recovery and Tax Incentives for Enterprises (CREATE) Act.
- Administrative body(ies) for submission of applications
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- Department of Trade and Industry
- Board of Investments
- Board of Investments, Industry and Investments Building, 385 Senator Gil Puyat Avenue, Makati City, 1200 Metro Manila, Philippines
- https://boi.gov.ph
- (02) 8683-3500; (02) 8897-6682
- Department of Trade and Industry
- Authority of the Freeport Area of Bataan (AFAB)
- Board of Investments, Industry and Investments Building, 385 Senator Gil Puyat Avenue, Makati City, 1200 Metro Manila, Philippines
- https://afab.gov.ph
- Department of Trade and Industry
- Aurora Pacific Economic Zone and Freeport Authority (APECO)
- Board of Investments, Industry and Investments Building, 385 Senator Gil Puyat Avenue, Makati City, 1200 Metro Manila, Philippines
- https://www.apeco.gov.ph/home
- Department of Trade and Industry
- Clark Development Corporation (CDC)
- Board of Investments, Industry and Investments Building, 385 Senator Gil Puyat Avenue, Makati City, 1200 Metro Manila, Philippines
- https://www.clark.com.ph
- Department of Trade and Industry
- Cagayan Economic Zone Authority (CEZA)
- Board of Investments, Industry and Investments Building, 385 Senator Gil Puyat Avenue, Makati City, 1200 Metro Manila, Philippines
- https://ceza.gov.ph
- Department of Trade and Industry
- John Hay Management Corporation (JHMC)
- Board of Investments, Industry and Investments Building, 385 Senator Gil Puyat Avenue, Makati City, 1200 Metro Manila, Philippines
- https://www.jhmc.com.ph
- Department of Trade and Industry
- Philippine Economic Zone Authority (PEZA)
- Board of Investments, Industry and Investments Building, 385 Senator Gil Puyat Avenue, Makati City, 1200 Metro Manila, Philippines
- https://www.peza.gov.ph/home
- Department of Trade and Industry
- Poro Point Management Corporation (PPMC)
- Board of Investments, Industry and Investments Building, 385 Senator Gil Puyat Avenue, Makati City, 1200 Metro Manila, Philippines
- https://poropointfreeport.gov.ph
- Department of Trade and Industry
- Regional Board of Investments-BARMM (RBOI-BARMM)
- Board of Investments, Industry and Investments Building, 385 Senator Gil Puyat Avenue, Makati City, 1200 Metro Manila, Philippines
- https://bboi.bangsamoro.gov.ph
- Department of Trade and Industry
- Subic Bay Metropolitan Authority (SBMA)
- Board of Investments, Industry and Investments Building, 385 Senator Gil Puyat Avenue, Makati City, 1200 Metro Manila, Philippines
- https://www.mysubicbay.com.ph
- Department of Trade and Industry
- Subic-Clark Alliance for Development Council (SCAD)
- Board of Investments, Industry and Investments Building, 385 Senator Gil Puyat Avenue, Makati City, 1200 Metro Manila, Philippines
- https://scad.gov.ph
- Department of Trade and Industry
- Zamboanga City Special Economic Zone Authority (ZCSEZA)
- Board of Investments, Industry and Investments Building, 385 Senator Gil Puyat Avenue, Makati City, 1200 Metro Manila, Philippines
- https://zfa.gov.ph
- Contact point for information on eligibility
-
Same as the "Administrative bodies"
- Expected duration of licensing procedure
- If any provision of these Rules is subsequently declared invalid or unconstitutional, other provision thereof which are not affected shall remain in full force and effect.
- Found by secretariat
- No
- Links
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- Related document symbols
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- G/LIC/N/2/PHL/209
- Notes
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The Certificate of Authority to Import (CAI) is a requirement for BOI-registered business enterprises (RBEs) to import capital equipment, raw materials, spare parts, and accessories duty/tax and duty-free under the CREATE Act. This certificate is issued by the Board of Investments (BOI) and applies only to items that are not locally available and will be used exclusively in the activity of the firm’s BOI-registered business. The CAI system covers imports from all countries without exception and does not impose any quota restrictions or quantitative limits on the number or value of imports. To apply for a CAI, an RBE must first obtain a Certificate of Non-Local Availability (CNLA) to confirm that the items to be imported are not available locally in sufficient quantity or quality. The application for a CAI is filed manually with the BOI Incentives Administration Service, accompanied by a filled and notarized application form, a proforma invoice or quotation from the supplier, and other required documents. An application fee based on the project cost and an issuance fee are also required. The CAI is valid for one year from the date of issuance and may only be used once. If the CAI is not utilized within this period, it is forfeited, though there is no penalty for non-utilization. The CAI is non-transferable and specific to the importer who applied for it. Additionally, RBEs must obtain a Tax Exemption Indorsement (TEI) from the Department of Finance to ensure customs clearance for duty and tax exemptions. Upon importation, RBEs must present the CAI, CNLA, TEI, and other necessary customs documentation in compliance with the Customs Modernization and Tariff Act. The CAI system is designed to support the import needs of BOI-registered firms engaged in activities listed under the Strategic Investments Priority Plan, helping them access necessary resources for their operations. For more detailed information and access to applicable forms, stakeholders are advised to consult the BOI website.
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