All chemicals not listed under the Philippine Inventory of Chemicals and Chemical Substances
- Document symbol
- G/LIC/N/3/PHL/15/Rev.1
- Original language
- English
- Published on
- 21/02/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
New chemicals are those industrial chemicals not listed under the Philippine Inventory of Chemicals and Chemical Substances that needs to secure Pre-Manufacture, Pre-Importation Notification Compliance Certificate (importing greater than 1,000 kg/year) or Small Quantity Importation Clearance (importing less than 1,000 kg/year). There are two forms of PMPIN Compliance Certificate (a) PMPIN Abbreviated and (b) PMPIN Detailed. Abbreviated forms refers to new chemicals that are manufactured or included in the inventory of USA, EU, Australia, Canada, Japan or Korea and Detailed form refers to chemicals manufactured or imported from other counties not mentioned. The applicant must apply under the Online Permitting and Monitoring System (OPMS) or link found at http://www.emb.gov.ph/. Importation of new chemicals that meet the criteria of Polymers and Polymer of Low Concern can be granted exemption from the PMPIN process.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
All chemicals not listed under the Philippine Inventory of Chemicals and Chemical Substances.
Q3. The system applies to goods originating in and coming from which countries?
The permit system applies to chemicals and chemical substances coming from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
Importation of chemical and chemical substances not listed under the PICCS does not restrict the quantity or value of import.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
Licensing procedures on the PMPIN were cited at DENR Administrative Order No. 29, “Implementing Rules and Regulations of Republic Act No. 6969.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
The time allowed for submitting applications for a PMPIN Compliance Certificate Abbreviated Form is 90 working days and a Detailed Form is 120 working days prior to the importation. For Polymer Exemption and Small Quantity Importation Clearance, they are allowed 20 working days.
Q7.b. Can a licence be granted immediately on request?
Submission of complete documentary requirements of an applicant may result in immediate approval of the PMPIN Compliance Certificate, Small Quantity Importation Clearance or Polymer Exemption.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
Application is done online thus the applicant can apply any time of the day for a PMPIN Compliance Certificate and Small Quantity Importation Clearance. However, processing days of an application are counted based on the working days of the EMB. While for Polymer Exemption which is applied manually, it can be applied at the EMB Central Office during Monday to Friday within the working hour period.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Yes, only a single administrative organ.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
Application for the PMPIN Compliance Certificate, Small Quantity Importation Clearance, or Polymer Exemption may be refused if the applicant does not submit the complete documentary requirements.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
All industries that are importing or manufacturing chemicals that are not listed under the PICCS are required to secure a PMPIN Compliance Certificate, unless qualified to apply under a Polymer Exemption or Small Quantity Importation Clearance.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
Company name, company address, contact person, contact number, chemical name, trade name, CAS number, volume and chemical use. Other requirements that needs to be submitted by the applicant for PMPIN Compliance Certificate, Small Quantity Importation Clearance, or Polymer Exemption are the following:
a) Notarized and completed Abbreviated or Detailed Form (for PMPIN), Polymer Exemption Form (for Polymer Exemption);
b) Safety Data Sheet / SDS for polymer alone or the mi mixture/product where chemical is part of the ingredients;
c) 100% composition of Polymer including CAS numbers of monomers and other reactants (for Polymer Exemption);
d) Request for Confidential Business Information (if applicable);
e) Complete information of SDS;
f) For sufficiency of submitted SDS, information giving more focus on:
i) Physical and Chemical properties
ii) Toxicological information
iii) Ecological information;
g) For detailed application, laboratory reports for the following information are required:
i) Physical and chemical properties
ii) Toxicological information
iii) Ecological information.
Q11. What documents are required upon actual importation?
The approved PMPIN Compliance Certificate, Small Quantity Importation Clearance or Polymer Exemption is required for the actual importation of the chemical or chemical substances prior to it release by the Bureau of Customs.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Is there any licensing fee or administrative charge?
Yes
What is the amount of the fee or charge?
The payment of PHP 2,600.00 for a PMPIN Abbreviated Form and PHP 4,500 per PMPIN Detailed Form, documentary stamp of PHP 30.00 and legal research fee of PHP 10.00.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
No deposit or advance payment accepted for applications.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The PMPIN Compliance Certificate or Polymer Exemption has no validity period. However, the applicant is required to submit a Notice of Commencement one month after the arrival of the first shipment, applicable for importers who have applied under the PMPIN Compliance Certificate. Small Quantity Importation Clearance has a one-year validity.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
The PMPIN Compliance Certificate, Small Quantity Importation Clearance and Polymer Exemption have terms and conditions that an applicant must comply with.