Firearms, ammunition, accessories and parts and components thereof, including airsoft guns and airguns
- 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.
All importations of firearms, ammunition, accessories and parts and components thereof, including airsoft guns and airguns require an Import Permit issued by the Philippine National Police through the Firearms and Explosives Office (PNP-FEO) pursuant to Republic Act No. 10591 its Revised Implementing Rules and Regulations (RIRR) and other applicable regulations. The importation must also be compliant with Republic Act No. 10863, otherwise known as the “Customs Modernization and Tariff Act (CMTA)” dated 30 May 2016.
Under the non-automatic licensing system, only persons, firms and institutions with valid license to deal/manufacture firearms and ammunition are qualified to apply for Import Permit. However, in case of foreign donation or military grants to the Philippine Government, the Department who is the final recipient of the goods may directly apply for an Import Permit without passing through licensed dealers of firearms and ammunition.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
All importations of firearms, ammunition, accessories and parts and components thereof, including airsoft guns and airguns require an Import Permit.
Q3. The system applies to goods originating in and coming from which countries?
The requirement applies to goods originating from any country except those that are included in the UN Arms Embargo List.
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 purpose of issuance of an Import Permit is to protect national security interest, public safety and pursue obligations under the UN Charter and other international commitments/agreement (i.e. UNSC Resolutions, UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons (PoA) etc.)
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?
Republic Act No. 10591 its Revised Implementing Rules and Regulations (RIRR); PNP Circular No. 1 "Rules and regulations covering the sale/importation, manufacture, possession of bullet proof vest/vestments"; PNP Circular No. 11 "Revised Rules and regulations governing the manufacture, importation, exportation, sale, possession, carrying of airsoft rifles/pistols and operation of airsoft game sites and airsoft teams"; Executive Order No. 712 "Regulating the manufacture, sale and possession of air rifles/pistols which are considered as firearms"; Letter of Instruction No. 1264 series 1982 and Philippine National Police Commission Committee Resolution No. 01-2014 govern the importation regulations. The importation must also be compliant with Republic Act No. 10863, otherwise known as the “Customs Modernization and Tariff Act (CMTA)” dated 30 May 2016.
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 application for an Import Permit is submitted at the Permits and Other Licenses (POL) Section, Firearms and Explosives Office (FEO), Camp BGen Rafael T Crame, 1111 Quezon City.
Q7.b. Can a licence be granted immediately on request?
Under normal circumstances, an application for an Import Permit if requirements are complete, valid, authentic and provides consistent information in all respects can be granted within 24 working days or even sooner.
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 approving authority is the Chief of the Philippine National Police (PNP) with a validity of three years if the importation is intended for commercial distribution, one year if government procurement, and six months for those items temporarily imported to the Philippines for purposes of test and evaluation, trade exhibits. For imported items to be used as test and evaluation, and trade exhibits the approving authority is the Chief of the FEO provided it will not exceed five per type of firearm or 10,000 rounds of ammunition per firearm.
Only one administrative body considers the application for license.
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?
During an election period, applicants must first secure an Exemption from the Commission on Elections (COMELEC) to authorize the domestic movement of imported goods from the port of entry to its final destination.
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?
What persons or firms are eligible to apply for a licence?
a) Under the non-automatic licensing system, only persons, firms and institutions duly registered as licensed dealers of firearms and ammunition are qualified to apply for Import Permit. However, in case of foreign donation or military grants to the Philippine Government, the Department who is the final recipient of the goods may directly apply for an Import Permit without passing through licensed dealers of firearms and ammunition.
b) Under the automatic system, all persons, firms and institutions, are eligible to apply for license as long as they meet the basic requirements/criteria laid down by the administering agencies and bureaus.
Is there a registration fee?
c) Pursuant to National Police Commission (NAPOLCOM) Committee Resolution No. 01-2014 “New Fees/Rates and Charges Relative to the Regulation of Firearms and Ammunition” the Import Permit fee is being paid at authorized Bank in the amount of Php 100.00 per permit plus the following fees imposed to each commodity upon arrival:
a. Firearm P 15.00/firearm
b. Ammunition P 0.10/piece
c. Components
Shells P 0.02/piece
Primers P 0.01/piece
Gunpowder P 1.00/kilo
d. Major Parts
Slide P 6.00/piece
Barrel P 6.00/piece
Frame P 6.00/piece
e. Bullet-Proof Vest/Vestments P 200.00/piece
f. Firearm Accessories P 1.00/piece
g. Electronic Devices P 50.00/piece
h. Crowd Control Equipment P 50.00/piece
i. Munition and Air Munition Products P .01/piece
j. Reloading Machine and other equipment/instruments/implements used or intended to be used in manufacturing P 500.00
k. Raw materials imported by Licensed Manufacturer intended for use in their Export production P 100.00/Certificate of Balance
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?
What information is required in applications?
The information usually required in applications includes name and address of importer, name of owner/company official representing the company, contact details, name and contact details of authorized liaison, country of origin, name of foreign supplier and address, purpose of importation, items and quantity to be imported.
What documents is the importer required to supply with the application?
The usual documentary requirements are the following:
I. Importation by Licensed dealers for commercial sale/distribution and by Licensed Manufacturers:
a) Duly filled-out notarized application form with attachment indicating the specific items to be imported and quantity; and
b) Copy of License to Deal/Manufacture.
II. For government procurement:
a) Duly filled-out notarized application form with attachment indicating the specific items to be imported and quantity;
b) Copy of License to Deal;
c) Letter of Intent by purchasing agency;
d) End-User Certificate;
e) Purchase Order;
f) Contract Agreement;
g) Certificate of Availability of Funds; and
h) Notice of Award and Notice to Proceed.
Additional requirements for Local Government Units
a) Inventory of Firearms certified by Authorized Bonded Firearm Custodian;
b) List of Regular Plantilla position authorized to use firearm; and
c) Board Resolution from Sanggunian Panlalawigan/Panglunsod/Bayan/Barangay Lupon
III. For Donations
a) Duly filled-out notarized application form with attached list of items and quantity to be imported;
b) Letter of Intent from requesting agency;
c) End-User Certificate;
d) List/Inventory of items to be donated and quantity; and
e) Duly notarized Deed of Donation.
Q11. What documents are required upon actual importation?
Upon importation, the applicant needs to apply for a Certificate of Balance and Permit to Transport (PTT) to be presented at the Bureau of Customs with the following requirements:
a) Duly filled-out application form;
b) Copy of valid Import Permit;
c) Commercial invoice;
d) Bill of lading/Airway Bill; and
e) Packing List
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 licensing fees or administrative charges imposed are as follows:
A) Firearms, Ammunition, Accessories and Parts and Components thereof, including airsoft guns and airguns
Authority to Import/Export Firearms, Ammunitions, Spare Parts, Accessories and Components - P 100.00/permit
Permit to Import Firecrackers and Pyrotechnics Devices (FCPD) - P 5,000.00/permit
Permit to Export Firecrackers and Pyrotechnics Devices (FCPD) - No fee
Permit to Import Explosives/Explosive Ingredients - P6,000.00/permit
Permit to Export Explosives/Explosive Ingredients - No Fee
Permit to Import Controlled Chemicals - P 6,000.00/permit
Permit to Unload Explosive/Explosives Ingredients/Controlled Chemicals - P0.10/ liter/kg
Other Fees, (to be paid upon arrival of firearms, parts of firearm, accessories, ammunition and ammunition components)
a. Firearm - P 15.00/firearm
b. Ammunition - P 0.10/piece
c. Components: Shells - P 0.02/piece; Primers - P 0.01/piece; Gunpowder - P 1.00/kilo
d. Major Parts: Slide - P 6.00/piece; Barrel - P 6.00/piece; Frame - P 6.00/piece
e. Bullet-Proof Vest/Vestments - P 200.00/piece
f. Firearm Accessories - P 1.00/piece
g. Electronic Devices - P 50.00/piece
h. Crowd Control Equipment - P 50.00/piece
i. Munition and Air Munition Products - P .01/piece
j. Reloading Machine and other equipment/instruments/
implements used or intended to be used in manufacturing - P 500.00
k. Raw materials imported by Licensed Manufacturer intended for use in their export production - P 100.00/Certificate of Balance
B) For Explosives, Explosives Ingredients and Controlled Chemicals
Authority to Import/Export Firearms, Ammunitions, Spare Parts, Accessories and Components - P 100.00/permit
Permit to Import Firecrackers and Pyrotechnics Devices (FCPD) - P 5,000.00/permit
Permit to Export Firecrackers and Pyrotechnics Devices (FCPD) - No fee
Permit to Import Explosives/Explosive Ingredients - P 6,000.00/permit
Permit to Export Explosives/Explosive Ingredients - No Fee
Permit to Import Controlled Chemicals - P 6,000.00/permit
Permit to Unload Explosive/Explosives Ingredients/Controlled Chemicals - P0.10/ liter/kg
Other Fees, (to be paid upon the arrival of firearms, parts of firearm, accessories, ammunition and ammunition components)
a) Firearm - P 15.00/firearm
b) Ammunition - P 0.10/piece
c) Components: Shells - P 0.02/piece; Primers - P 0.01/piece; Gunpowder - P 1.00/kilo
d) Major Parts: Slide - P 6.00/piece; Barrel - P 6.00/piece; Frame - P 6.00/piece
e) Bullet-Proof Vest/Vestments - P 200.00/piece
f) Firearm Accessories - P 1.00/piece
g) Electronic Devices - P 50.00/piece
h) Crowd Control Equipment - P 50.00/piece
i) Munition and Air Munition Products - P .01/piece
j) Reloading Machine and other equipment/instruments/ implements used or intended to be used in manufacturing - P 500.00
k) Raw materials imported by Licensed Manufacturer intended for use in their export production - P 100.00/Certificate of Balance
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 licenses.
Please refer to https://www.feo-system.com 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?
The following are the usual conditions imposed in an Import Permit being issued:
1. That upon arrival from abroad, the items shall be transferred from the Bureau of Customs to the Firearms and Explosives Office for inspection and documentation;
2. That the consignee shall furnish the FEO (Attn: Chief, FEO) a document attesting to the receipt and disposition of the items;
3. That importation of defense articles from countries where there is an existing arms embargo is prohibited; and
4. That importer/dealer shall furnish a copy of the approved Export Permit from the country of origin to the FEO upon embarkation of items. Failure to comply shall be a violation of reportorial requirements and shall be a ground for revocation of License;
5. That the importer/dealer shall religiously comply with the conditions set forth in its license to deal lest revocation and forfeiture of the bond shall be imposed; and
6. That the Permit shall be deemed null and void if the arrival of shipment in the Philippine Port is prior to the issuance of this Permit.
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 subject to quota or a portion of it.
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.
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?
Import permit/clearance/authority may be issued upon compliance with the requirements above and conditions imposed by the FEO.