Optical media and magnetic media | Import Licensing Procedures

Member:

Legislations

Product Category

Basic information

Outline of the system

Import permits are required for the importation of optical media, magnetic media, storage devices, manufacturing materials, manufacturing equipment, accessories, add-ons, supplements and printing relative to the production of labels or materials included as part of the end product of optical media, magnetic media or other storage devices. Likewise, permits are required for the export or re-export of the same.

An import permit or certification may be issued to any individual, entity or licensed optical media establishments importing optical media, magnetic media, storage devices, manufacturing materials, manufacturing equipment, accessories, add-ons, supplements and printing relative to the production of labels or materials included as part of the end product of optical media, magnetic media or other storage devices, whether for personal or commercial purposes.

Product coverage

For the list of products, please see Annex U

Annex U - Optical Media.pdf

Nature of licensing

Automatic

If Automatic, administrative purpose

Non-Automatic

If Non-Automatic, description of the notified Non-Automatic Licensing regime

Non-Automatic licensing for protection of patents, trademarks and copyrights, and the prevention of deceptive practices; and regulation of Optical and Magnetic Media Industry

Products under restriction as to the quantity or value of imports

Permit is required to help in the promotion and protection of intellectual property rights and regulate the optical and magnetic media industry.

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 requirement applies to products originating from any country.

Expected duration of licensing procedure

Ongoing

Legal requirements

Is the licensing statutorily required?

Optimal Media Act of 2003 (Republic Act No. 9239) and its Implementing Rules and Regulations.

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?

(a) Under the non-automatic licensing system, individuals or companies duly registered as bona fide importers are eligible to apply for licenses and permits. Individuals or companies importing a single shipment which contains six (6) pieces or less of optical or magnetic media of different titles are exempted from this requirement. This exemption however applies only to optical or magnetic media and does not apply to other storage devices or other OMB regulated products.
(b) Under the automatic system, individuals or companies are eligible to apply for license as long as they comply with the requirements. Applicants who intend to engage in the importation of one or more regulated products are required to register and obtain a separate license for each product type.
(c) A system for Import Permit application is followed to ensure that only qualified applicants are granted permits.

Is there a registration fee?

Is there a published list of authorized importers?

Contact point for information on eligibility

Ministry/Authority

Registration and Licensing Division

Address

35 Scout Limbaga Street, Laging Handa, Quezon City 1103 Philippines

Telephone

(632)374-1393/(632)374-0237

Fax

E-mail address

licensing@omb.gov.ph/rldchief@yahoo.com/shieryl@omb.gov.ph

Website

www.omb.gov.ph

Contact officer

Submission of an application

Administrative body(ies) for submission of an application

Ministry/authority and Department: Atty. Anselmo B. Adriano, Chair and Chief Executive Officer
Address: 2/F OMB Building, #35 Scout Limbaga Street, Laging Handa, Quezon City 1103 Philippines
Website: www.omb.gov.ph
Telephone: 632 – 374 0217
E-Mail: chair.adriano@omb.gov.ph

Documentation requirements

What information is required in applications?

What documents is the importer required to supply with the application?

Requirements for the issuance of a license includes the following:

For All Applicants
 Letter of Intent addressed to the Chairman
 Duly filled-up and notarized application form
 Two pieces latest 2x2 signed photo of the applicant
 Picture of establishment’s façade with permanent signboard
 Comprehensive Location Sketch of establishment
 Floor lay-out of establishment
 Tax Identification Number (T.I.N.) of business establishment
 Certificate/Contract from Source of Rights/Supplier or Distributor (Original Copy with date issued and expiration and/or validity date)
 Notarized list of clients/customers (for renewing applicants only)
 Summary Report of Import Permit applied (for renewing applicants only)
 Special Power of Attorney (as needed)

For Single Proprietors
 Certificate of Business Name from DTI
 NBI Clearance (photocopy only but original must be presented)

For Partnerships and Corporations
 Articles of Incorporation and By-Laws or Articles of Partnership
 Latest GIS with stamp receipt of SEC
 Board Resolution with Secretary’s Certificate authorizing the President to represent the Corporation
 List of officers and members of the Board and their Addresses/Contact Details

For Foreign Nationals
 Alien Certificate of Registration
 Passport (Photocopy, Present Original)
 Visa

Fees
 License to Import (Pro-rated, One Year)
 Optical/Magnetic Media - PhP 3,500.00
 Manufacturing Materials - 10,000.00
 Manufacturing Equipment - 10,000.00
 Legal Clearance Fee - 50.00

Window of submission of an application

How far in advance of importation must application for a licence be made?

Import permits must be applied prior to shipment.

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 as to the period of the year during which application for import permit may be made.

Issuing the license

Can a licence be granted immediately on request?

Import permit cannot be granted immediately on request.

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?

Permit applications are made to the Registration and Licensing Division of the Optical Media Board.

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?

Import permit/clearance/authority is issued upon compliance with conditions/requirements imposed by a particular agency.

Fees and other administrative charges

Is there any licensing fee or administrative charge?

Fees.

What is the amount of the fee or charge?

Permit to Import
 Import Permit Fee (per Air Way Bill/Bill of Lading 500.00
 Legal Clearance Fee 50.00
Certification
 Certification Fee 50.00
 Processing Fee 50.00
 Legal Clearance Fee 50.00

Is 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 or permits.
Please refer to https://www.omb.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?

Applicants who fail to comply with any requirement imposed by the Optical Media Board will not be granted an import permit.

Are the reasons for any refusal given to applicants?

The applicant will be informed of the disapproval.

Have applicants a right of appeal in the event of refusal to issue a licence?

The applicantwill be given the right to make a written appeal for reconsideration of the decision.

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?

Upon importation, the documents required include:
 Registration and License as Importer (see requirements below)
 Duly accomplished and notarized application form for Import Permit
 Affidavit of Undertaking (notarized)
 Certified Copy of Contract and/or Certificate of Ownership from the Source of Rights
 Air Way Bill or Bill of Lading
 Certified Copy of Commercial Invoice (Import)
 Packing List

Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

Prior to importation, the establishment must be licensed otherwise, the products will not be issued a corresponding permit and allowed to enter the country. The Import/ Export application/s are lodged in the Philippine National Single Window (PNSW), printed, notarized and filed before the OMB office. Permit is valid for 30 days and may be extended only upon re-application.

Conditions of licensing

What is the period of validity of a licence? Can the validity be extended? How?

Licenses are issued for a year depending on the renewal schedule whereas, permits are issued for a single shipment or per Air Way Bill/Bill of Lading and is valid for 30 days only. Permits, however, can be extended by re-application.

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 but a license may no longer be renewed if there is no import activity recorded during the term of a license. Permits not used also has no penalty and will no longer be used for other shipment.

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 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.