Fish and fishery 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 Republic Act No. 8550 – Fisheries Code of the Philippines, any person who wish to import fish and fishery products of whatever size, stage or form for any purpose shall secure a permit from the Department of Agriculture-Bureau of Fisheries and Aquatic Resources (DA-BFAR).
The DA-BFAR in consultation with the Fisheries and Aquatic Resource Management Councils (FARMC) is mandated to promulgate rules and regulations in the importation of fish and fishery/aquatic resources.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Any accredited importer who wish to apply for any of the products enumerated below shall apply for a Sanitary and Phytosanitary Import Clearance (SPSIC). The SPSIC is a document issued prior to the importation of the following products:
a) HS 0301 – Live Fish and Aquatic Animals;
b) HS 0302, 0303, 0304, 0306, 0307, 0308 – Fresh/Chilled/Frozen Fish and Fishery/Aquatic Products Processed Products (surimi, crab sticks, fish meat, etc.);
c) HS 0508 – Shell craft articles and ornamental shells;
d) HS 1212.21; HS 1212.29.20 – Dried Seaweeds;
e) HS 3002.90.00; HS 38.21 – Microorganisms and biomolecules
Importers are categorized into three groups: (1) Processing purposes, (2) Canning purposes, and for distribution to (3) Institutional Buyers which include hotels and restaurants.
Q3. The system applies to goods originating in and coming from which countries?
The issuance of SPSIC applies to all products from all countries of origin.
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 SPSIC is not intended to restrict volume or quantity of imports. The SPSIC is required to address the need to ensure food safety in imported fish and fishery/aquatic products. SPSIC issuances are only allowed to those bodies registered/accredited and inspected by the Bureau for importation of fish and fishery/aquatic products.
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?
The issuance of SPSIC observes and follows the mandate of several laws and regulations drafted to ensure food safety and security of fishery products. These laws and regulations include: FAO 195, Series of 1999; Sections 61 [c] and [d], Sections 62, 67, and 100 of Republic Act No. 8550, otherwise known as the Philippine Fisheries Code of 1998, as amended by RA No. 10654; and Administrative Order No. 09, series of 2010, and FAO 259, series of 2018.
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)?
A duly accomplished Application Form for license may be filed at least five working days prior to the importation of fish and fishery/aquatic products with the complete requirements.
Q7.b. Can a licence be granted immediately on request?
No.
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.
For online application, importers can apply at any given time. For manual application, importers may apply on any working day.
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?
SPS Import Clearance for fish and fishery/aquatic products is issued by the Bureau of Fisheries and Aquatic Resources (BFAR) which is located at Fisheries Building Complex, Bureau of Plant Industry Compound, Visayas Avenue, Diliman, Quezon City, Philippines.
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?
There are no instances other than failure to meet the requirements and standard criteria under which an SPSIC application may be rejected.
Are the reasons for any refusal given to applicants?
Reasons for rejection and corrective measures are provided to the importer-applicant.
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 restrictive system, any individual, partnership, corporation, association, joint venture, or other legal entity may be allowed to apply for an SPS Import Clearance, provided that all requirements and criteria of the Bureau has been met by the applicant/importer.
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 duly accomplished application form shall be submitted with the following documntary requirements:
a) Proforma invoice;
b) Disposition or production report (for repeat importation);
c) International Health Certificate (as may be applicable); and
d) CCAMLR Certificate (for toothfish).
Q11. What documents are required upon actual importation?
The SPSIC is the document needed for the actual importation with the following supporting documents:
(a) Commercial invoice;
(b) Airway bill/bill of lading;
(c) International Health Certificate; and
(d) Laboratory test results (as may be applicable)
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 fee for every application of SPS Import Clearance is Php1,650.00 and Php55.00 for the 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.
No deposit or advance payment is required in connection with the issuance of SPSIC.
Please refer to https://www.bfar.da.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?
An SPSIC is valid for 30 days as per FAO No. 195, Series of 1999 and 45 days for importation under FAO No.259, series of 2018.
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 not-transferable.