All import and export of goods between the Philippines and Socialist and Other Centrally Planned Economy Countries
- 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.
As provided for under Letter of Instructions No. 444 s. 1976, all import and export of goods between the Philippines and Socialist and Other Centrally Planned Economy Countries (as per list) shall be coursed to the Philippine International Trading Corporation (PITC). Applicants are required to submit a duly accomplished company profile form to the PITC prior to the transaction. Transactions will require an accomplished Import/Export application form.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
All imports and exports of goods and between the Philippines and Socialist Countries and Other Centrally Planned Economy Countries as covered.
Q3. The system applies to goods originating in and coming from which countries?
The application system applies to the following Countries:
a) Albania
b) Angola
c) Ethiopia
d) Laos
e) Libya
f) Mongolia
g) Mozambique
h) Myanmar
i) Nicaragua
j) North Korea
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?
The system is not intended to restrict the quantity and value of other trade. It was designed for the effective and systematic implementation of trade agreements as well as ad hoc trade arrangements with Socialist and Other Centrally Planned Economy Countries.
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?
Is the licensing statutorily required?
The law is provided under Letter of Instructions No. 444 s. 1976 and Executive Order No. 244 s. 1995.
Is it possible for the government to abolish the system without legislative approval?
Abolishing the procedure will require legislative approval.
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)?
Application for import permit may be filed at least one day before.
The PITC usually issues the permit within 24 hours from receipt of application.
Q7.b. Can a licence be granted immediately on request?
The import permit cannot be granted immediately.
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.
There are no limitations as to the period of the year which the application for permit and/or importation may be made.
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?
The PITC is the sole administrative body which issues the permit whereas the BOC requires the permit upon importation.
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?
Import applications are generally approved upon complete submission of required documents.
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?
Any individual, partnership, corporation, association, joint venture, or other legal entity may be eligible to apply for licenses, as long as they submit their Company profile and import application form to the PITC.
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?
For first time applications, the applicant is asked to submit the duly accomplished Company Profile form and the valid ID of the applicant.
Q11. What documents are required upon actual importation?
For all importations, the following are the documents required:
a) Import Form
b) Pro-forma Invoice
c) Company ID No.
d) Packing List
e) Bill of Lading
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?
There are processing fees.
What is the amount of the fee or charge?
The Philippine International Trading Corporation imports processing fees are as follows:
Invoice value in USD-Processing Fee
a) Applications covering Import Value of less than US$50,000.00
• Involving one product item only – Php. 1,100.00
• For every additional item – Php. 110.00
b) Applications covering Import Value of US$50,000.00 – US$99,999.00
• Involving one product item only – Php. 1,650.00
• For every additional item – Php. 110.00
c) Applications covering import Value of US$100,000.00 and above
• Involving one product item only – Php. 2,200.00
• For every additional item – Php. 110.00
Additional charge for each amendment/extension – Php.440.00
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 is required in connection with the issue of permits.
Please refer to https://pitc.gov.ph for further information
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Validity period is three months from date of issuance of permit.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilization of a permit.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Permits are not transferable between importers.
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?
There are no other conditions attached to the issuance of permit.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
According to LOI No. 444, for export of goods of the listed countries, particular emphasis shall be placed on export products listed in the trade and/or economic agreements with the importing country, if any, as well as those listed in the Export Priorities Plan of the Board of Investments, and export products of enterprises within the export processing zones and industrial estates established by the government.
Also from the LOI No. 444, the import and export of goods between the Philippines and any of the Socialist and other centrally-planned economy countries shall be in accordance with the laws and rules in force in the respective countries applicable to the import and export of the commodity involved.
Lastly, also from the LOI No. 444, the PITC shall adopt such measures and issue such as rules and regulations as may be deemed necessary for the effective discharge of its functions. Moreover, the processing and approval of applications for export and import from the Socialist and other centrally planned economy countries shall, henceforth, be performed by the said Corporation.