Basic information
Outline of the system
An import license shall be obtained from the Philippine Nuclear Research Institute (PNRI) for prior importation of any radioactive materials, except for persons who are exempt from the licensing requirements as provided for in the Code of the PNRI Regulations. Every time an importation of radioactive material as authorized in the import license will be done, it shall be covered or issued with a PNRI certification addressed to the Bureau of Customs for it to be released from the custody of the Bureau of Customs. If authorization to transport is not covered in the import license, a separate authorization to transport shall be obtained from the PNRI to transport the radioactive material from the port of entry to the authorized place of storage or use.
The licensing process is pursuant to Republic Act No. 5207, also known as the “Atomic Energy Regulatory and Liability Act of 1968", which provided for the Licensing and Regulation of Atomic Energy Facilities and Materials, Establishing the Rules on Liability for Nuclear Damage, and For Other Purposes. Based on the said Act, the Code of the PNRI Regulations has been promulgated by the Philippine Nuclear Research Institute (PNRI), formerly known as the Philippine Atomic Energy Commission (PAEC). The PAEC was reorganized and named the PNRI in 1987 under Executive Order No. 128. The Nuclear Regulatory Division (NRD) is the PNRI regulatory arm that enforces the Code of the PNRI Regulations. The NRD is under the direct supervision of the PNRI Director.
Product coverage
The regulatory and licensing system applies to all activities involving facilities of radioactive materials.
Nature of licensing
Automatic
If Automatic, administrative purpose
Automatic to protect human, animal or plant life and health; protect environment; Pursue obligations under the UN Charter and other international treaties; Regulate imports of arms, ammunition or fissionable materials and safeguard national security.
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The regulatory and licensing system has no restriction as to the quantity or value of import of radioactive material for sale, distribution or use. However, prior authorization as to the quantities and types of radioactive material and the specification of the associated equipment and facilities are stipulated in the issued license, in accordance with the safety and security requirements and standards for protection from the danger of exposure to ionizing radiation embodied in the Code of PNRI Regulations. The system also aims to protect the health and safety of the public and to promote national interests.
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 radioactive materials originating from other countries or within the country.
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
The licensing process is governed by Republic Act No. 5207 (Atomic Energy Regulatory and Liability Act of 1968) as amended by Presidential Decree No. 1484, CPR Part 17 (Regulatory guide for the application of a license for commercial sale and distribution of radioactive materials and its associated devices), PNRI Administrative Order No. 02, Series of 2017 (New schedule of fees for radioactive material license with extended validity period and licenses incorporating authorization to transport radioactive materials), Code of PNRI Regulations and PNRI Administrative Order No. 03, Series 2015. In general, licenses for radioactive material, facilities and associated activities are statutory requirements.
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?
Hence, licensing on any activity involving radioactive materials cannot be abolished without the Act being repealed by another law passed in Congress, except when exempted in the implementing CPR.
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?
Any person, company or institution may apply for licenses to import radioactive materials.
Is there a registration fee?
Is there a published list of authorized importers?
There is no published list of authorized/licensed importers. However, the PNRI-NRD maintains a database of all authorized/licensed importers.
Contact point for information on eligibility
Ministry/Authority
Department of Science and Technology – Philippine Nuclear Research Institute- Nuclear Regulatory Division
Address
Commonwealth Avenue, Diliman, Quezon City, Philippines
Telephone
(+632) 8892-08796 and (+632) 8892-08810
Fax
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Philippine Nuclear Research Institute (PNRI)
Documentation requirements
What information is required in applications?
Please see Annex E
Annex E - Application for Radioactive Material License.pdfWhat documents is the importer required to supply with the application?
Please see Annex E
Window of submission of an application
How far in advance of importation must application for a licence be made?
The type of radioactive material and the corresponding quantity to be imported are authorized in the import license.
The application for import license should be filed prior to the importation of the radioactive material taking into consideration the processing time.
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 restrictions as to the time of the year during which an import license application for radioactive material can be filed.
Issuing the license
Can a licence be granted immediately on request?
The import license for radioactive material is not granted immediately upon request. The processing of license applications involves evaluation and review of the completed application form and supporting documents. It may also involve verification by pre-licensing inspection on site and of the submitted required supporting documents aside from the information written in the application.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
The processing time per type of import license application are the following:
• within 15 calendar days for a new license application;
• within seven calendar days for a license renewal application, without major amendment; and
• within seven calendar days for any amendment of a valid import license.
Which administrative body is responsible for approving application of licences?
The PNRI is the single government agency which issues the license for the importation of radioactive materials.
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?
The following are the contents and conditions incorporated in the radioactive material license:
• Unique license number
• Expiration date
• Legal name and address of Licensee
• Type of radioactive material and corresponding authorized quantity
• Authorized activity (e.g. for importation, sale and distribution, and direct delivery to licensed end-user)
• Address of location of authorized place of storage
• General conditions
• Specific conditions for protection, safety, and security
• Filing of application of import license renewal not later than 30 calendar days prior to expiration date
• Signature of PNRI Director
Fees and other administrative charges
Is there any licensing fee or administrative charge?
The following are the corresponding fees and charges imposed by the PNRI for the issuance of licenses for the importation of radioactive materials
What is the amount of the fee or charge?
License to import/indent sale with one-year validity
• Php 6,000.00-new license
• Php 3,500.00-license renewal
• Php 4,500.00-renewal with amendment
• Php 3000.00-license amendment
License to import/sale with one-year validity
• Php 7,000.00-new license
• Php 4,000.00-license renewal
• Php 5,000.00-renewal with amendment
• Php 3,500.00-license amendment
License to import/indent sale with five-year validity
• Php 8,500.00-new license
• Php 5,500.00-license renewal
• Php 7,500.00-renewal with amendment
• Php 3000.00-license amendment
License to import/sale with five-year validity
• Php 11,000.00-new license
• Php 8,000.00-license renewal
• Php 10,000.00-renewal with amendment
• Php 3,500.00-license amendment
Is there any deposit or advance payment required associated with the issue of licences?
There is no requirement for deposit or advance payment associated with the issuance of the import license for radioactive material.
Please refer to https://pnri.dost.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?
Are the reasons for any refusal given to applicants?
An application for an import license for radioactive material is denied or disapproved after initial review if the required information is not complete and supporting documents are not provided.
Have applicants a right of appeal in the event of refusal to issue a licence?
The applicant has the right to appeal through the offices of the PNRI-NRD Chief and PNRI-Director.
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?
Aside from the import license for radioactive material which is the sole document required for the importation, there are no further documents required upon actual importation of radioactive material.
However, prior to release from the Bureau of Customs of the shipment of radioactive material and to ensure that the imported radioactive material is authorized in the license and the license is still valid, the licensee or its representative shall obtain a Certificate of Release from the PNRI. The Certificate of Release is issued within two hours upon filing. The documents required in applying for a Certificate of Release are: (a) commercial invoice; (b) bill of lading; (c) copy of shipper’s declaration; (d) valid license; and (f) copies of supporting documents from the competent authority of the country of origin for certain types of radioactive material and transport packages. The authorization to transport is issued also within two hours.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures required prior to importation of radioactive material sources, except for the issuance of Certificate of Release and Authorization to transport.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The validity period of an import license for radioactive material extends up to five years with conditions as stipulated therein, and subject to amendments as provided in the Code of PNRI Regulations.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilization of the radioactive material license.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The import license for radioactive material is non-transferable. This is stipulated in the general conditions of the license.
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.