Basic information
Outline of the system
The Oil Industry Management Bureau (OIMB) issues an Acknowledgement Letter to Downstream Oil Industry (DOI) Participant who files a notice of crude oil, or petroleum products, importation, and to a Downstream Oil Industry (DOI) Biofuel Participant who will file supplemental bioethanol importation from foreign countries, freeports and economic zones, whether for trade or for his own use and requirement, to ensure effective monitoring by the OIMB and conformance with the Basel Convention.
Product coverage
The Bureau maintains the issuance of the acknowledgement letter for every notice prior to Importation filed by a DOI Participant and a DOI Biofuel Participant. For the list of crude oil, petroleum products and bioethanol AHTN code covered by the system, see Annex A or "Products"
Annex A - List of Monitored Products .pdfNature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Non automatic licensing for effective monitoring and to ensure conformance to the Basel Convention.
Products under restriction as to the quantity or value of imports
No, it is not intended to restrict the quantity or value of imports. It is intended for the Bureau's monitoring purposes. The Bureau also requires submission by the DOI Participant and DOI Biofuel Participant of applicable monthly, quarterly, and annual reports that indicate the quantity imported products to effectively monitor and reconcile the importation volumes.
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 system applies to crude oil, petroleum products, and bioethanol from any foreign country: Provided, that all oil importations shall be in accordance with the Basel Convention.
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
For crude and petroleum products, the governing law and current regulation for the filing of a notice prior to importation and the issuance of acknowledgement letter are Chapter II-Sec. 5, Liberalization of the Downstream Oil Industry and Promotion of Free Competition- Liberalization of the Industry of Republic Act No. 8479, "An Act Deregulating the Downstream Oil Industry and for Other Purposes," and Rule II, Sec. 6, Notice to Every Importation of DOE Department Circular No.DC98-03-004, "Rules and Regulations Implementing Republic Act No. 8479 also known as the Downstream Oil Industry Deregulation Act of 1998. For bioethanol importation, the governing law and regulation are Republic Act No. 9367, "Biofuels Act of 2006," and Section 10, Rule 5-Notices and Reportorial Requirements of the Department Circular No.DC2021-06-0014, also known as the Revised Circular on Accreditation and Submission of Notices and Reports by Refiners, Importers and Own Users of Gasoline and Diesel Pursuant to the Biofuels Act.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
All regulations do not leave designation of products subjected to import licensing to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
It is not possible for the government (or the executive branch) to abolish the system without legislative approval.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
Yes, there is a system of registration for persons or firms permitted to engage in importation of crude, petroleum products, and bioethanol importation. Pursuant to Rules and Regulations Implementing Republic Act No. 8479, "Downstream Oil Industry Deregulation Act of 1998," 1998, Rule II, Sec. 5, Notice Prior to Engagement in any Activity or Business in the Downstream Oil Industry, any person who intends to engage in the business of importing, exporting, re-exporting, refining, processing, manufacturing, blending, recycling, and/or reprocessing, shipping, transporting, transshipping, storing, distributing, and marketing and/or selling of crude oil, gasoline, diesel, LPG, kerosene, and other petroleum products, and in any similar activities, shall file a notice with the Bureau prior to initial engagement in the proposed activity or prior to construction of the petroleum products facilities, as the case may be for them to be a duly acknowledged DOI Participant.
What persons or firms are eligible to apply for a licence?
Only duly acknowledged DOI Participant and DOI Biofuel Participants by the OIMB may engage in the business of importing and refining Crude Oil as well as exporting, storing, bunkering, hauling, marketing, refilling and retailing of Finished Petroleum Products and bioethanol importation in the Downstream Oil industry.
Is there a registration fee?
Processing fee is Php 1,000.
Is there a published list of authorized importers?
There is no published list of authorized importers.
Contact point for information on eligibility
Ministry/Authority
Oil Industry Management Bureau
Address
3/F PNOC Bldg. 5, Energy Center, Rizal Drive corner 32nd St., Bonifacio Global City, Taguig City
Telephone
840-2114
Fax
E-mail address
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Philippine Department of Energy
Address: Energy Center, Rizal Drive corner 32nd St., Bonifacio Global City, Taguig City
Website: www.doe.gov.ph
Telephone: 479-2900
E-Mail: info@doe.gov.ph; cwpo@doe.gov.ph
Documentation requirements
What information is required in applications?
Please see updated Annex B.1 template to be used when filing a notice prior to import (for bioethanol).
Annex B.1 - Template Bioethanol.pdfWhat documents is the importer required to supply with the application?
Please see updated Annex B.1 template to be used when filing a notice prior to import (for bioethanol).
Window of submission of an application
How far in advance of importation must application for a licence be made?
Application for a licence must be filed with the Bureau at least one day prior to loading of every shipment pursuant to Section 6 Notice Prior to Every Importation, Rule II, Department Circular No. DC 98-03-004 for crude oil and petroleum products importation. For bioethanol importation, application for a license with complete documentary requirements must be submitted to the Bureau not later than seven working days from actual day of loading pursuant to Annex C-Notice to Import Bioethanol, Section 10 Notices of DC2021-06-0014, also known as the Revised Circular on Accreditation and Submission of Notices and Reports by Refiners, Importers and Own Users of Gasoline and Diesel Pursuant to the Biofuels Act
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There are no limitations.
Issuing the license
Can a licence be granted immediately on request?
No, licence cannot be granted immediately. The Bureau informs the applicant that it follows a standard processing time under the agency's citizen's charter.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
Consideration of license applications is only effected by a single administrative organ.
Must the applications be passed on to other organs for visa, note or approval?
The applicant does not need to approach more than one administrative organ.
Are there any other conditions attached to the issue of a licence?
Not applicable.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes, there is a fee for every notice to import filed with the Bureau.
What is the amount of the fee or charge?
PHP 350.00
Is there any deposit or advance payment required associated with the issue of licences?
Not applicable.
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?
Application of notice prior to importation will not be refused so long as the DOI Participant complies with the requirements prior to crude and petroleum products importation and the DOI Biofuel Participant complies with the requirements prior to supplemental bioethanol importation.
Are the reasons for any refusal given to applicants?
The Bureau advises both Participants should the application be refused for further compliance to the requirements.
Have applicants a right of appeal in the event of refusal to issue a licence?
The Participants with refused application may explain through a letter to the Bureau Director to confirm compliance to requirements prior to importation.
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?
There are no limitations.
What documents are required upon actual importation?
Please see Annex B.2 template to be used when filing a notice prior to import (for crude oil/petroleum products).
Annex B.2 - Template Crude Oil Petroleum Products.pdfAre there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Prior to bioethanol importation, a DOI Participant must submit an application to the Bureau for the issuance of a DOI Biofuel Participant Accreditation Certificate in compliance with DC2021-06-0014. Processing fee is Php 500 per Accreditation Certificate with one year validity and must be renewed annually.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
It is valid unless amended or cancelled.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
Yes, there is a penalty.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No, it is not transferrable between importers.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.