Basic information
Outline of the system
MARINA Memorandum Circulars on the Importation of foreign ships
a. MARINA Circular No.104 entitled 'Omnibus Guidelines for the Acquisition of Vessels for Domestic Operations and Fishing Vessel/Boat' aims to provide rationalized guidelines in the implementation of the liberalization policy on vessel acquisition.
b. MARINA Circular No.2010-01 entitled 'Revised Policy Guidelines on Tankers' serves to provide revised/updated policy guidelines in the regulation of tankers in the domestic trade and the operation of tanker-barges and ships hereunder specified, within Philippine waters, with the end in view of further improving safety standards and ensuring the protection of the marine environment.
c. The MARINA Circular No.2017-04 entitled "Rules on the Importation of Passenger Ships" aims to provide guidelines on the importation of passenger ships in order to ensure the continued viability of domestic shipping operations and to encourage the development of a viable shipbuilding and ship repair industry to support the expansion and modernization of the Philippine domestic merchant marine fleet and its strict adherence to safety standards which will ensure the seaworthiness of all sea-borne structures.
d. MARINA Circular No.121 entitled 'Policy Guidelines in the Regulation of High Speed Craft'
Product coverage
The licensing system applies to the importation of ships, such as passenger, cargo, tanker and high-speed crafts.
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 provide rationalized guidelines in the implementation of the liberalization policy on vessel acquisition and restrict the quantity or value of import of the high-speed craft
Products under restriction as to the quantity or value of imports
Yes, the licensing intends to restrict the quantity or value of import of the passenger, cargo tanker and high speed crafts.
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 coming from any countries.
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
MARINA Circular Nos.104, 121, 2020-01 and 2017-04.
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?
No, only persons/corporations/partnerships/firms/entities duly registered with SEC and/or DTI or cooperatives duly registered with the Cooperative Development Authority in accordance with the Philippine laws shall be allowed to acquire ships under MARINA Circular Nos.104, 121, 2010-01 and 2017-04.
The domestic ship operator or domestic ship owner intending to import ship under the above-mentioned MARINA Circulars, for purposes of domestic operation, shall be accredited under MARINA Circular No.2006-03 or its subsequent amendment.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Maritime Industry Authority
Address
Bonifacio Drive cor. 20th Street and Railroad South Harbor, Port Area Manila, Philippines
Telephone
(+632) 8525 7890
Fax
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Maritime Industry Authority
Documentation requirements
What information is required in applications?
Documentary requirements are attached as Annex P.
Annex P - Documentary Requirements Maritime Industry Authority.pdfWhat documents is the importer required to supply with the application?
Documentary requirements are attached as Annex P.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Application for the Authority to Import should be filed at least seven days prior to importation.
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 licence and/or importation may be made.
Issuing the license
Can a licence be granted immediately on request?
No, the Authority to Import cannot be granted immediately.
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 Maritime Industry Authority is the only government agency which issues the Authority to Import.
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?
Processing fee for the Issuance of Authority to Import is in accordance with MARINA Circular No. 2015-05 and its subsequent amendments.
What is the amount of the fee or charge?
Processing fee for the Issuance of Authority to Import is in accordance with MARINA Circular No. 2015-05 and its subsequent amendments.
Is there any deposit or advance payment required associated with the issue of licences?
There is no deposit or advance payment requirement.
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?
A license may not be granted upon evaluation if the applicant does not meet the requirements stated in the MARINA Circular Nos. 104, 121, 2010-01 and 2017-04.
Are the reasons for any refusal given to applicants?
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?
There are no limitations as to the period of the year during which application for licence and/or importation may be made.
What documents are required upon actual importation?
Documentary requirements are attached as Annex P.
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?
Ninety days validity. However, this can be extended if the ships are still not in the Philippine territory.
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?
Not applicable.
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.