Basic information
Outline of the system
The DTI-BPS operates mandatory product certification for a number of electrical and electronic products, mechanical, building and construction products and chemical, consumer and other products and systems. There are 82 listed Philippine National Standards under the BPS Mandatory Certification Scheme covering some 111 products and systems.
The DTI-BPS subjects these products to sampling, inspection and testing based on specific PNS prior to distribution and sale in the Philippine market with the necessary Philippine Standard (PS) or Import Commodity Clearance (ICC) marks.
Product coverage
These schemes are the Philippine Standard (PS) Quality Scheme and/or Safety Certification Scheme and the Import Commodity Clearance (ICC) Scheme.
Under the Philippine Standard (PS) Quality or Safety Mark Scheme (DAO 4:2008), the DTI-BPS issues a license to allow a company to affix the PS Quality or Safety Mark to its products, after audit, inspection, sampling and testing to determine that such products meet the relevant PNS. The certificate is valid for three years subject to at least annual surveillance. The BPS assesses a manufacturer's production processes and product. For cement, steel and plywood, aside from sourcing the products from PS License holders, all importations must secure a Statement of Confirmation (SOC) on a per shipment, per Bill of lading, per product basis (see DAOs on cement and steel). SOC must also be secured for ceramic tiles and ceramic plumbing fixtures if these are sourced from PS License holders.
On the other hand, the Import Commodity Clearance (ICC) is applicable to products that are not PS certified (not applicable to steel, cement and plywood products which is subjected to mandatory PS Scheme). The ICC certificate is issued on a per shipment, per Bill of Lading, per product basis.). The products are subject to relevant audit, inspection, sampling and testing. DAO 05:2008 specifies that importers are offered four options for their applications to be processed, which include: (1) an application without a Product Test Report but with a Quality Management System (QMS) based on the ISO 9001 and its future amendments; (2) an application with a Product Test Report and with a QMS based on the ISO 9001 and its future amendments; (3) an application without a Product Test Report and without a QMS; and (4) an application with the Philippine Standard (PS) license from a foreign supplier.
Please see Products or Annex G for the list of products and respective HS Codes.
Annex G - List of Regulated 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 to protect human, animal or plant life and health; protect environment.
Products under restriction as to the quantity or value of imports
The rationale behind the mandatory product certification is to protect consumers from trade malpractices and from sub-standard and/or hazardous products.
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 goods originating from any country and the prospective importers decide from what country they wish to import goods.
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
Laws/Regulations/Administrative Orders - please see Legislations for electrical and electronic products.
Further information can be accessed through this link: http://www.bps.dti.gov.ph/
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?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
There is no registration system.
What persons or firms are eligible to apply for a licence?
Under the DTI-BPS process, all persons, firms and institutions, are eligible to apply for license provided that they meet the requirements/criteria laid down by the DTI-BPS.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Bureau of Philippine Standards, Department of Trade and Industry
Address
361 Sen Gil Puyat Avenue, Makati City
Telephone
791.3124/791.3130
Fax
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Bureau of Philippine Standards, Department of Trade and Industry
Documentation requirements
What information is required in applications?
The information required in applications includes the following: name and address of importer, business of importer, name and address of exporter/shipper, country of origin, means of transport, description and amount of goods to be imported.
What documents is the importer required to supply with the application?
The documents required to support the application are:
a) Packing list
b) Import Entry (will be filed upon claiming the certificate
c) Commercial Invoice
d) Summary of batch numbers/serial numbers of products
e) Securities and Exchange Commission (SEC) registration certificate for corporations and f) partnerships and Notarized Board/Partner Resolution/Secretary Certificate
f) DTI Certificate of Business Registration for single proprietorship and Special Power of Attorney
g) Audited Financial statements;
h) Quality Management System (QMS) of Manufacturer
i) Valid Test report (ICC), if applicable
j) Surety Bond
k) Importer Certificate of Accreditation
l) BIR Importers Clearance Certificate/COR
m) Proof of billing for warehouse address or proof or ownership or contract of warehouse
n) Others
Please see application forms attached.
Window of submission of an application
How far in advance of importation must application for a licence be made?
For the PS, application must be submitted as early as practicable as the system requires audits both factory and product, inspection, sampling and testing of products.
For the ICC, there are four options provided and the application may be filed before the arrival of the shipment as long as the required shipping documents are already available.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Applications may be filed on any working day of the year.
Issuing the license
Can a licence be granted immediately on request?
The licence can be released immediately provided that all documentary and technical requirements are complied with.
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?
The DTI implements the scheme through the BPS.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
A PS license, SOC and/or ICC Certificate contain terms and conditions which the license holder/importer must comply with. Any infraction thereof shall constitute grounds for the cancellation, suspension, revocation, and withdrawal of licence.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
Please see Annex J for BPS related fees and charges.
Annex J - Related Fees and Charges.pdfIs there any deposit or advance payment required associated with the issue of licences?
There is no deposit or advance payment requirement associated with the issuance of licenses.
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?
In the event of denial or disapproval by the DTI-BPS of an application for a PS and/or an ICC application, the applicant is informed of the reason for such disapproval.
Have applicants a right of appeal in the event of refusal to issue a licence?
The applicant is given the right to make a written appeal for reconsideration of the decision.
If so, to what bodies and under what procedures?
The appeal procedure is stipulated in the DTI Administrative Orders issued.
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
Upon importation, the documents required include: (a) commercial invoice; (b) bill of lading; (c) clearance certificate from pertinent administrative bodies; (d) formal customs entry; (e) valid license to operate; and (f) valid certificate of registration for imported finished products in original packaging.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Prior to the release of PS certified products from the BOC’s custody, certificates of exemptions shall be secured by the importers per bill of lading basis. While, a SOC shall be secured per product, per shipment, per bill of lading basis for steel, cement, plywood, ceramic tiles and ceramic plumbing fixture products.
For products which require the issuance of Import Commodity Clearance (ICC), the DTI-BPS issues a Certificate of Conditional Release for the release of the shipment from the BOC's custody which stipulates that such products should be stored in the declared warehouse where product inspection, inventory and sampling shall take place and cannot be transferred and sold in the market until the issuance of the ICC.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
For products that fall under the DTI-BPS' product certification schemes, certificates under the Import Commodity Clearance (ICC) are valid per bill of lading only, while licenses under the Philippine Standards Safety and/or Quality Licenses (PS) are valid for a three year-period subject to annual surveillance audits.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
Not applicable.
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 manufacturer (except for steel, cement, plywood, ceramic tiles and ceramic plumbing fixture where both the applicant manufacturer and importer are included in license) and are non-transferable.
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.