Basic information
Outline of the system
Importation clearance is required for the importation of recyclable materials containing hazardous substances to prevent the entry, and/or transit, as well as keeping for storage and disposal of hazardous waste into the country to protect the environment. This is also to support the recycling industry in the Philippines. The importation clearance is issued to registered importer in the DENR through its Environmental Management Bureau-Central Office (EMB-CO).
Product coverage
Importation Clearance is required for the importation of:
A. Scrap metals
a) Scrap and waste containing precious metals and their alloys of:
- Gold
- Platinum (which include Iridium, Osmium, Palladium, Rhodium, and Ruthenium)
- Silver
b) Metal sludges containing precious metals and all associated metals
c) Ferrous waste and scrap for remelting
- Cast iron
- Stainless steel
- Other alloy steel
- Tinned iron or steel
- Turnings, shavings, chips, milling waste, fillings, trimmings and stampings
- Scraping
- Used iron and steel nails
d) Non-ferrous scraps and alloys
e) Other metal bearing waste arising from melting, smelting and refining of metals of:
- Hard zinc smelter
- Zinc containing drosses such as galvanizing slab zinc top dross (>90% Zn); slab zinc bottom dross (>92% Zn); zinc die cast dross (>85% Zn); hot tip galvanizers zinc dross (>92% Zn)
- Zinc skimmings
- Slags from processing for further refining
f) Used lead-acid batteries
B. Solid plastic materials
a) Waste parings and scrap of plastics
b) Polymerized or co-polymerized
c) Resins of condensation products
C. Electronic assemblies and scrap
a) All electronic assemblies containing printed circuit boards
b) Electronic components containing hazardous substances such as televisions, videocassette recorders, stereos, etc.
D. Used oil
- Spent oil such as waste oil or oil residues
E. Fly ash
- Coal-fired power plant fly-ash.
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 public morals; protect human, animal or plant life and health; protect environment; Collect trade statistics or market surveillance and Pursue obligations under the UN Charter and other international treaties (i.e. CITES, Basel Convention, Rotterdam Convention
Products under restriction as to the quantity or value of imports
The licensing only intends to prevent the entry, and/or transit, as well as keeping for storage and disposal of hazardous waste into the country to protect the environment. There were no alternative methods considered of accomplishing the purpose.
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 importation clearance system applies to recyclable materials containing hazardous substances. For importation of used lead acid batteries, electronic assemblies and scrap, and used oil, however, only countries that are Parties to the Basel Convention are allowed to import.
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
The permitting system for all said recyclable materials is a statutory requirements of Chapter 10 of DENR Administrative Order (DAO) No. 2013-22: Revised Procedures and Standards for the Management of Hazardous Wastes. This system also implements the provision of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.
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?
The importer should be capable of recycling the recyclable materials intended to be imported.
What persons or firms are eligible to apply for a licence?
Any being, natural or juridical, susceptible of rights and obligations or of being the subject of legal relations.
Is there a registration fee?
The registration fee is PhP7,000.00.
Is there a published list of authorized importers?
There is no published list of authorized importers.
Contact point for information on eligibility
Ministry/Authority
Environmental Management Bureau
Address
DENR Compound, Visayas Avenue, Diliman, Quezon City
Telephone
+632 9281212
Fax
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Environmental Management Bureau
Documentation requirements
What information is required in applications?
The checklist of requirements for importer's registration and importation clearance application can be downloaded from https://emb.gov.ph/wp-content/uploads/2018/11/Checklist_IC.pdf. Applications are conducted online. The applicant should only fill-out the information in the Application Details.
What documents is the importer required to supply with the application?
Applications are thru the Online Permitting and Monitoring System (OPMS). Registration manual can be accessed from https://opms.emb.gov.ph/manual/REGISTRATION.
Window of submission of an application
How far in advance of importation must application for a licence be made?
The registered Importer must apply for an importation clearance at least 30 working days prior to the actual importation. Each shipment recyclable material shall be covered by an importation clearance.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
The Importer Registry is a one-time application unless otherwise amended by the importer, which must be secured before applying for an Importation Clearance.
Issuing the license
Can a licence be granted immediately on request?
The importation clearance 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?
The Importer Registry and Importation Clearance of “recyclable materials containing hazardous substances” listed in Table 10.1 of DAO 2013-22 are processed and issued only by the EMB-CO.
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 importation shall only be allowed for the purpose of recycling and recovery as well as trading/reselling of second-hand Electrical and Electronic Equipment for direct reuse. Importation for final disposal is prohibited.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes
What is the amount of the fee or charge?
An importation clearance is PhP3,000.00, with documentary stamp tax is PhP30.00 and legal research fee PhP 15.00.
Is there any deposit or advance payment required associated with the issue of licences?
Not applicable.
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 circumstances other than failure to meet the standard criteria under which an import clearance may be refused.
Are the reasons for any refusal given to applicants?
Reasons for refusal are given to the applicant.
Have applicants a right of appeal in the event of refusal to issue a licence?
No appeal procedures are specified in the legislation.
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?
A valid importation clearance.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
The importation of used lead-acid batteries, used oil and electronic assemblies and scrap are covered by the notification procedure of the Basel Convention on the Transboundary Movement of Hazardous Wastes and their Disposal. The Importation Clearance shall be issued after the consent from the Basel Competent Authority (BCA) of the importing country has been given to the BCA of the exporting country.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
An importation clearance shall have the validity of six months, unless otherwise specified by the approval of the importing country.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
None.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The clearance is not transferrable.
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.