Animal and animal products, including animal feeds and feeds ingredients, veterinary drugs, and biological products
- 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.
Pursuant to Executive Order No. 292 of 1987, the BAI is mandated to prescribe rules and regulations in the importation of livestock, poultry and their allied industries.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The importation of animal and animal products, including animal feeds and feed ingredients, veterinary drugs, and biological products require all accredited importers to apply for a Sanitary and Phytosanitary Import Clearance (SPSIC). The SPSIC is a document issued prior to the importation of the following products:
a) Live animals (including small animals that are plant pests, except insects) – HS 01;
b) Meat and meat preparations – HS 02;
c) Dairy products (including eggs) – HS 04;
d) Products of animal origin (not suitable for human consumption) – HS 05 (except 05.08);
e) Animal feeds and feed ingredients – HS 23;
f) Veterinary Drugs – HS 29.41; HS 3002.30.00; HS 30.04; and
g) Biological products – HS 3002.90.00.
Q3. The system applies to goods originating in and coming from which countries?
The requirement applies to the above-mentioned goods originating from all countries or any country which the prospective importers may wish to source their importation.
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 licensing requirement is not intended to restrict the quantity or value of imports. It is instituted to ensure that the products being imported meet the standards to protect human, animal life or health, guarantee that the products are safe for consumers and to prevent the spread of pests or diseases of animals. At the moment, the BAI is not considering any alternative methods to achieve the purpose mentioned above.
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?
This licensing procedure is maintained through the following legal instruments:
a) Executive Order No. 292 of 1987;
b) Administrative Order No. 09, series of 2010; and
c) Administrative Order No. 37, series of 2000.
Is it possible for the government to abolish the system without legislative approval?
These legal instruments cannot be abolished without the issuance of similar legal basis rendering them revoked or repealed.
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 the SPSIC must be filed online through the DA Trade System (DTS) at any given time prior to importation.
Q7.b. Can a licence be granted immediately on request?
SPSIC cannot be granted immediately upon request, but it can be issued within 1-3 days.
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.
Applications may be filed on any working day of the year.
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 processing and issuance of the SPSIC for animals and meat and meat preparations is administered by the National Veterinary Quarantine Services Division (NVQSD) of the BAI. The issuance of the SPSIC for animal feeds and feed ingredients, animal by-products including veterinary drugs and biological products is administered by the Animal Feeds Veterinary Drugs and Biologics Control Division (AFVDBCD). Both offices are located at Visayas Avenue, Diliman, Quezon City.
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?
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
If the denial of the application is based on incomplete application, the applicant-importer is given the opportunity to complete the requirements.
Are the reasons for any refusal given to applicants?
In the event that the application for SPSIC is denied by the Director of the BAI, the applicant/importer shall be informed accordingly online.
If so, to what bodies and under what procedures?
In case of failure to complete the requirements within a given period, the application shall be rejected and the applicant/importer has to apply for SPSIC again.
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?
Under the non-automatic licensing system, only importers who are registered and accredited with BAI and National Meat Inspection Service (NMIS), for meat, shall be allowed to apply for the SPSIC.
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?
The application form shall be accompanied with the following documentary requirements:
a) Pro-Forma invoice; and
b) Other documentary requirements as maybe deemed necessary, e.g. License to Operate (LTO) for feeds, veterinary drugs, and biological products.
Q11. What documents are required upon actual importation?
The SPSIC is the sole document required for the importer to undertake importation.
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?
For the issuance of the SPSIC – P200.00/issuance for animals and meat and meat preparations or P150.00/issuance for animal feeds and feed ingredients, animal by-products including veterinary drugs and biological products, and P55.00/application web processing fee.
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.
There is no deposit or advance payment requirement associated with the issuance of the SPSIC.
Please refer to https://www.bai.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?
For the importation of live animals, meat, dairy products, eggs, feeds and feed ingredients, products of animal origin and veterinary drugs, the SPSIC must be utilized within 60 days from its issuance. For the importation of veterinary biological products, the SPSIC must be utilized within 90 days from its issuance. In case of failure to utilize the issued SPSICs within the prescribed period, the issued SPSICs will be considered expired and invalid.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of the issued SPSIC.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licenses are made in the name of the applicant-importer only and are non-transferable.