Basic information
Outline of the 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.
Product coverage
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.
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 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.
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 issuance of SPSIC applies to all products from all countries of origin.
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
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.
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?
What persons or firms are eligible to apply for a licence?
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.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Department Agriculture-Bureau of Fisheries and Aquatic Resources
Address
PCA Bldg., Diliman, Quezon City
Telephone
+63 (02)929-8074, 929-9597
Fax
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Department Agriculture-Bureau of Fisheries and Aquatic Resources
Documentation requirements
What information is required in applications?
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).
Window of submission of an application
How far in advance of importation must application for a licence be made?
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.
Are there any limitations as to the period of the year during which application for licence can 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.
Issuing the license
Can a licence be granted immediately on request?
No.
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?
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.
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?
Not applicable.
Fees and other administrative charges
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.
Is there any deposit or advance payment required associated with the issue of licences?
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.
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?
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.
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 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)
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Not applicable.
Conditions of licensing
What is the period of validity of a licence? Can the validity 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.
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.
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.
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.