Basic information
Outline of the 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.
Product coverage
A permit is required to purchase or import chainsaws in the Philippines.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Non-Automatic licensing to protect human, animal or plant life and health; protect environment
Products under restriction as to the quantity or value of imports
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.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The permitting system applies to products coming from all countries.
Expected duration of licensing procedure
Ongoing
Legal requirements
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.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
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.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
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.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Department of Environment and Natural Resources
Address
Visayas Avenue, Diliman Quezon City
Telephone
Fax
E-mail address
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Regional Offices of the Department of Environment and Natural Resources
Telephone: Please see attached list of Regional Offices
Documentation requirements
What information is required in applications?
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
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
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.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
The applicant for import permit may apply anytime.
Issuing the license
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.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
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.
Which administrative body is responsible for approving application of licences?
Yes, the concerned Regional Executive Director issues the Import Permit while the concerned CENRO issues the Certificate of Chainsaw Registration to the qualified applicants.
Must the applications be passed on to other organs for visa, note or approval?
Yes, the concerned Regional Executive Director issues the Import Permit while the concerned CENRO issues the Certificate of Chainsaw Registration to the qualified applicants.
Are there any other conditions attached to the issue of a licence?
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.
Fees and other administrative charges
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.
Is there any deposit or advance payment required associated with the issue of licences?
The applicant shall also secure a Performance Bond amounting to PHP 12,000 per application.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
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 applicants?
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.
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
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.
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.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The permit to import chainsaws has a validity of one year.
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.
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.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Requirements on obtaining foreign exchange is not covered by this DENR policy.