Chainsaws
- 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.
DENR Administrative Order No. 2003-24 (DAO 2003-24) provides for the basic policy, scope and general provisions of the regulations that include the persons authorized to import chainsaws, the documents required to import chainsaws, as well as the issuing authority for the chainsaw import permit.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
A permit is required to purchase or import chainsaws in the Philippines.
Q3. The system applies to goods originating in and coming from which countries?
The permitting system applies to products 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?
The permit system aims to regulate the purchase, ownership, possession, sale, transfer, importation and/use of chainsaws to prevent them from being used in illegal loggings or unauthorized clearing of forests.
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 permit system is pursuant to Section 9 of Republic Act No. 9175, otherwise known as Chainsaw Act of 2002.
Is it possible for the government to abolish the system without legislative approval?
This law is being implemented through DAO No. 2003-24 and abolishing the permit system requires 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 permit to import chainsaws must be filed at the Office of the Regional Executive Director of the DENR who shall have it processed and approved/disapproved within 15 working days. However, chainsaws should be registered first prior to its use through an application for a Certificate of Chainsaw Registration.
Import permits, however, cannot be issued for chainsaws that have already arrived at the port. Thus, the required permit should be secured prior to importation. The DENR is strict in implementing Section 12.2 of DAO 2003-24 which states that any person who imports or manufactures a chainsaw without obtaining prior authorization form DENR shall be punished by imprisonment of not less than one month nor more than six months and a fine of not less than PHP 1,000.00 nor more than PHP 4,000.00.
Q7.b. Can a licence be granted immediately on request?
The Certificate of Chainsaw Registration can be granted immediately on request which takes 4 hours and 30 minutes to process, provided that complete requirements are duly submitted and appropriate fees are paid to the concerned DENR Regional Office.
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.
The applicant for import permit may apply anytime.
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, the concerned Regional Executive Director issues the Import Permit while the concerned CENRO issues the Certificate of Chainsaw Registration to the qualified applicants.
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?
There are no circumstances other than the failure to meet the standard criteria for applicants, and submission of all the documentary requirements under which an application for a permit to import chainsaw is refused.
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?
Only persons duly authorized by the DENR shall be allowed to purchase, import, distribute, sell, re-sell, manufacture or transfer ownership of chainsaws, pursuant to Chapter II on General Provisions, Section 5 of DENR Administrative Order No. 2003-24. Further, Section 9 of DAO 2003-24 provides the requirements for permits/authority to purchase, import, manufacture, transfer ownership, sell, dispose, lease, rent and lend chainsaws. DAO 2003-24 is the implementing rules and regulations of Republic Act No. 9175, the Chainsaw Act of 2002.
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?
Applicants for permit to import chainsaws are required to submit a duly accomplished application form together with the following:
(a) Number of chainsaws to be purchased/imported with specification
(b) Purpose for purchasing/importing
(c) Name and Address of seller/supplier
(d) Expected time of arrival at port of entry and/or release from the BOC
(e) Import Entry Declaration from the Bangko Sentral Ng Pilipinas
Q11. What documents are required upon actual importation?
The permit to import chainsaws issued by DENR, together with the requirements of other government agencies, if any, are needed upon 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?
A permit fee amounting to PHP 500.00 shall be paid for every permit issued. A registration fee amounting to PHP 500.00 shall be collected for every chainsaw registered. The same amount shall be paid for a renewal of registration or permit.
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.
The applicant shall also secure a Performance Bond amounting to PHP 12,000 per application.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The permit to import chainsaws has a validity of one year.
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 a license or a portion of license.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The permit to import chainsaws is non-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?
The DENR Secretary or his duly authorized representative may revoke any Certificate of Registration or Permit/Authority previously issued to a person, partnership or corporation found violating the rules and regulations contained under DENR DAO 2003-24 and shall be penalized in accordance to its provisions.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
The procedural requirements contained in this document are those that are under the jurisdiction of the DENR. Other administrative procedures, as maybe required by other government agencies are not included.
Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?
Requirements on obtaining foreign exchange is not covered by this DENR policy.