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ADVISORY:

COMELEC emphasized the last day of filing for Certificate of Authority to Transport Chemicals being 29 May 2019.

The Commission on Elections (COMELEC) reminded entities engaged in the transport of chemicals that it will accept applications for Certificate of Authority to Transport (CA-TT) chemicals until 29 May 2019 which is the last day of filing of applications.

The CATT must be secured by said entities following the implementation of nationwide gun ban covering the period 13 January 2019 to 12 June 2019.

The reminder aims to prevent any delay in the clearance of shipments at the border or transportation of chemicals from 30 May to 12 June 2019, after the deadline of submission of applications. The COMELEC committed to process and issue CA-TT within 10 days from submission of complete documentary requirements. For the public’s guidance. -ARB

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BOC to implement ASEAN Electronic Certificate of Origin (e-CO)

The Bureau of Customs (BOC) is set to implement the ASEAN electronic Certificate of Origin (e-CO) following the issuance of Customs Memorandum Order (CMO15-2019) which provides guidelines on the operational procedures in implementing e-CO.

The Order was issued pursuant to the Operational Certification Procedure (OCP) of the ASEAN Trade in Goods Agreement (ATIGA) and in compliance with the Customs Modernization and Tariff Act (CMTA). It aims to facilitate the application, processing, issuance, and transmission of e-CO for export products and the receipt of e-CO for imported products by utilizing the TradeNet system (tradenet.gov.ph).

The e-CO refers to the ATIGA Form D which is an international trade document attesting that goods in a particular export shipment were wholly obtained, produced, manufactured, or processed in a particular country. It will be transmitted electronically between ASEAN Member States (AMS) through the ASEAN Single Window (ASW).

Meanwhile, the TradeNet will cover the functions of the Philippine National Single Window (NSW). It will serve as an automated permit, licensing,  and clearance system integrated into one platform for 66 Trade Regulatory Government Agencies (TRGAs) and 10 economic zones.

Application and Submission of e-CO to ASEAN Members States (AMS)

To access the TradeNet system, exporters and importers shall create TradeNet Account and  company profile with their respective usernames and passwords. Once the Pre-Evaluation Report (PER) of export product is completed by the authorized Customs personnel, it shall be uploaded to the TradeNet system, along with the List of Pre-Evaluated Goods of each newly approved applications for reference by all ports.

The exporters must then submit their application for outbound e-CO through the TradeNet system and attach all documentary requirements by uploading it to the system. If approved, the exporters will receive an email containing a downloadable and printable file for the e-CO. Otherwise, the Exporter/s will be informed of the reason for disapproval through email and may file another application for e-CO.Since the full electronic sharing of e-CO among AMS is not yet operational and while the AMS are addressing all technical failures, “the Exporter shall download then print the e-ATIGA Form D, place his or her signature in the appropriate space, and submit the system-generated ATIGA Form D to the Bureau (BOC) for manual execution of signature and seal”.

The Export Coordination Division of the BOC is mandated to submit the approved e-CO to the ASW Gateway. The ASW will in turn send the e-CO to the importing AMS, while the latter must notify the BOC of the utilization status of the e-CO.

Pilot Testing and Full Implementation of e-CO
To commence the implementation of the Order, a Pilot Testing on processing and issuance of e-CO using the TradeNet platform shall be conducted in all ports and sub-ports. During the live testing, the Exporters are required to apply for the issuance of CO both electronically throughtradenet.gov.ph and manually using the Paper ATIGA Form D. The Order explains that it is a precautionary measure in case the outbound e-ATIGA Form D fails to transmit through the ASW Gateway to the receiving AMS.

The Deputy Commissioner for Management Information System and Technology Group is authorized to declare the start of full implementation of the ASEAN e-CO. As such, no outbound and inbound Paper ATIGA Form D shall be processed and accepted, except for valid circumstances which include system downtime and loss of network connectivity exceeding two hours.-ARB

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Port stakeholders issue manifesto for high utilization of ports

Port stakeholders issue manifesto for high utilization of ports

The Philippine Ports Authority (PPA), Bureau of Customs (BOC), Association of International Shipping Lines, port operators Asian Terminals Inc. (ATI) and International Container Terminal Services, Inc. (ICTSI) collaborated and issued a Manifesto of Support last 15 March 2019 for Government’s Effort to ease the problem of overstaying containers and make Philippine ports efficient.

Under the manifesto, PPA issued a directive to all importers, consignees, owners, and shippers of containers already cleared by the BOC to withdraw said containers within fifteen (15) days. Failure to comply with the directive will lead to the transfer of Customs-cleared containers to designated inland container depots of ATI and ICTSI. The cost of transfer will be shouldered by the cargo owners, shippers, consignees, logistics operators, or customs brokers.

For port operators, ATI and ICTSI will regularly provide government with information on the status of utilization of their ports, as well as information on containers staying inside their terminals for at least 30 days since arrival.
Foreign shipping lines are required to promptly evacuate empty containers, either by regular ship calls or sweeper vessels, from the Philippines within the period prescribed by the BOC.

BOC, in the meantime, will regularly dispose of seized or abandoned containers to maintain efficient utilization of Manila South Harbor and MICT. (MJAA)

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Exporters urged to conduct risk-assessment of dual-use products

Exporters and manufacturers are urged by the Strategic Trade Management Office (STMO) to conduct risk assessment of their products that may be of dual-use goods, otherwise known as strategic goods.

Dual-use goods are items, software, or technology which can be used for both civil and military end-use. These goods are listed in the National Strategic Goods List (NSGL). Other types of strategic goods are military goods and nationally controlled goods.

Strategic goods is defined by the Strategic Trade Management Act (STMA) as “products that for security reasons or due to international agreements, are considered to be of such military importance that their export is either prohibited altogether or subject to specific conditions”. These products are “generally suitable to be used for military purposes or for the production of WMD (Weapons of Mass Destruction)”.

To determine if the goods are of dual-use, exporters may refer to the NSGL, ask the product manufacturer or request classification from the STMO.

Exporters of dual-use goods are required to register and secure an exporter authorization or license from the STMO. Registration of exporters, as announced by the STMO in a forum, will be in the last quarter of 2019, while the exporter authorization is scheduled to be implemented in the third quarter of 2020.

The STMO, a bureau under the Department of Trade and Industry, is mandated by the STMA to regulate such goods by issuing “authorization/ licenses for the export, import, re-export, transit, transshipment, and provision of related services such as brokering, transporting, financing and providing technical assistance of strategic goods”.

Also covered by the STMA are the transit, transshipment, re-export, import, and reassignment of strategic goods. The schedule of regulating such activities is still to be announced by the STMO.

Non-compliance of the Act by the exporters will risk them seizure, delays, fines, imprisonment and inclusion in the denials list/ watchlist.

The STMA, otherwise known as Republic Act No. 10697, “An Act Preventing the Proliferation of Weapons of Mass Destruction by Managing the Trade in Strategic Goods, the Provision of Related Services, and for Other Purposes,” was enacted to enforce measures to establish domestic controls to prevent the proliferation of weapons of mass destruction (WMD) and their means of delivery from or within the Philippines. (ARB)

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EU Requires Exporters of GSP products to be registered

Effective this year, exporters of products under the European Union (EU) Generalized System of Preference (GSP) – are required to be registered to the Registered Exporters System (REX).

The system allows exporters to issue self-certifications of the origin of goods  to the EU under the GSP Program.

The REX replaces the current system of origin certification based on certificates of origin issued by the Bureau of Customs (BOC).

However, the rules of determining the origin of good in the EU GSP scheme remain unchanged with the application of the REX System.

The global transition period from the current system of origin certification to the REX system started on 01 January 2017 and will last until 30 June 2020.

There are three (3) easy steps for exporters to register in the REX system: (1) The exporter fills in (electronically/ on paper) an application and submits it to the BOC; (2) If the application is complete, BOC encodes it in the REX system, assign a REX number, a registration date and a validity date; and (3) BOC informs the exporter of the registration or non-registration within seven (7) working days after receipt of the complete set of documents by the Export Control Division (ECD) of the BOC.

The following documents are needed  to be submitted by the exporter to BOC: latest income tax return, Unique Reference Number (URN) for PEZA locators and Client Profile Registration System (CPRS) for non-PEZA locators, business permit, SEC/DTI registration, list of products applied for authorization to make invoice declaration and product evaluation report.

Exporters who are not manufacturers or producers, must have prior knowledge on how the goods were manufactured or produced and that they comply with the origin rules applied under Annex 22-03 in GSP. Finally, registered exporters shall be notified about the results of the application and shall be assigned with a REX number within seven (7) working days after receipt of the complete set of documents by the ECD. (GTM)

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PTTC: New hub for MSME Academy

The Philippine Trade Training Center (PTTC) recently embraced its new role as the hub for Filipino innovators to produce “smarter” entrepreneurs through the soft launch of the Philippine Global MSME Academy. Moreover, a signing of a Memorandum of Agreement (MOA) between and among multi-stakeholder collaborators including the Department of Trade and Industry (DTI) and PTTC, Lead-More Development Inc., and other industry partners for the Integrated Center for Entrepreneurship (ICE) project was also done on 27 February 2019.

The PTTC’s new brand as the home to the Philippines’ Global MSMEs Academy (GMEA) will have a bigger role in developing the country’s entrepreneurship programs as well as honing the skills of the country’s entrepreneurs and would-be entrepreneurs. The GMEA aims to promote more “globally competitive MSMEs that are regionally integrated, resilient, sustainable and innovative, thereby performing as key drivers of inclusive Philippine economic growth”.

For its part in the GMEA, PTTC has aligned its Entrepreneurship training programs for the youth, women and Overseas Filipino Workers (OFWs) in tandem with other institutions providing capacity building programs for the said sectors.

Meanwhile, DTI Secretary Ramon Lopez said he wants to transform the country’s MSMEs from mere buy and sell traders into innovators who can come up with new products and services that will address local as well as regional and even global needs. The GMEA, he claimed will be the innovation centers and local hubs where aspiring and established entrepreneurs can learn from mentors and seek financing for their businesses. He added that DTI will team up with agencies like DepEd to strengthen the curriculum of elementary and high school students to reinforce science, technology and entrepreneurship and TESDA to develop more skills training for students.

On the other hand, the PTTC was also made the home and administrator of the ASEAN SME Academy, thereby making the Philippines as the first country to become the administrator of the ASEAN SME Academy through the Department of Trade and Industry. As the new academy administrator, the PTTC shall facilitate online forums that will link MSMEs in the Philippines to SMEs in Southeast Asia to share experiences on common issues in business and trade, identify best practices, and benchmark in the best practices of ASEAN member economies.

Further, the ASEAN SME Academy is a one-stop multi-platform online learning and information resource for Southeast Asian SMEs with support from USAID, ASEAN Coordinating Committee on MSME and the US-ASEAN Business Council (US-ABC).

At present, there are 50 training courses on finance and accounting management, marketing, operation, technology, and trade and logistics from Fortune 500 companies and members of the US-ABC for Competitive SMEs are being offered.  In addition, the Academy contains around 350 relevant links to business information and access to directory of service providers to whom SMEs can reach out for financial advice, corporate programs and networking.

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COMELEC advises to ensure compliance of requirements of Certificate of Authority to Transport chemical during gun ban

Entities engaged in the transport of chemicals are reminded to double check and ensure compliance of the application requirements prior to submission to Commission on Elections (COMELEC) in securing the Certificate of Authority to Transport (CA-TT) chemicals. The completeness of documents submitted will lessen if not totally eliminate the chance of denial of application during the gun ban period.

Mr. Arnie Joseph Anastacio, COMELEC representative, presented in a stakeholders forum, the common reasons for denial of applications. These include the following:

  1. Signatory/Applicant is not authorized to apply (based on Board Resolution);
  2. No Certificate of Employment (COE) and Authorization submitted (for Liaison Officer);
  3. Multiple Origin/Destination Encoded/Written on Application Form;
  4. Application Form Entries, Permit, Radio Message and Endorsement Letter from PNP Not Matching; and
  5. No Proof of Business (for Sole Proprietor)

Specifically, Anastacio reminded that “In cases wherein the applicant will PERSONALLY go to the CBFSP (Committee on the Ban of Firearms and Security Personnel) Office and file the application”, he must submit COE and Board Resolution authorizing him to apply. On the other hand, if the application is submitted through a liaison officer, he must submit his COE and authorization letter, along with the COE of the applicant and a Board Resolution authorizing the same to apply in behalf of the company.

He also clarified that the Board Resolution/Secretary’s Certificate must be notarized and the purpose shall specifically stated for CA-TT application

It was also reiterated that the name and signature of the applicant in the application form should match with the applicant indicated in the Board Resolution. He also emphasized that the Place of Origin in the same application form must be inside the Philippine territory (e.g. Port of Manila/MICP) and not the Port of Origin (e.g. Japan port).

Mr. Anastacio also stressed that the entries in the application form, PNP permit (permit to transport), Radio Message, and Endorsement Letter from PNP should match at all times.

Lastly, in case the applicant is a sole proprietor, he must submit his COE, certified true copy of the Business/Mayor’s Permit, certified true copy of the DTI registration/certification and the COE of the liaison officer (if the application is submitted by the liaison officer).

The gun ban covers the period 13 January to 12 June 2019. The COMELEC also advised that the last day of accepting CA-TT application is on 29 May 2019.

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DTI, DOTr, DOF to issue a Joint Administrative Order to regulate local charges imposed by international shipping lines

 

Department of Trade and Industry (DTI), Department of Transportation (DOTr), and Department of Finance (DOF) jointly presented the draft Joint Administrative Order (JAO) to concerned stakeholders. This aims to regulate the local charges imposed by international shipping lines and provide measures to address port congestion.

The issue on excessive and questionable charges levied by some international shipping lines escalated since February 2017 and numerous meetings and forums have been conducted to discuss the recommendations from both the government and private sector.

The JAO was crafted to promote efficient operation of country’s ports and facilitate the importation and exportation of goods to promote more investments. It is also viewed to address the concern of stakeholders on high utilization at Manila ports and difficulty in returning the empty containers to container depots.

After the JAO is signed, the Bureau of Customs (BOC), Philippine Ports Authority (PPA), Bureau of Internal Revenue (BIR), and Maritime Industry Authority (MARINA) shall craft and issue their own orders to implement the said joint order.

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COMELEC regulates movement of chemicals during gun ban

The Commission on Elections (COMELEC) now regulates the transport and delivery of chemicals following the implementation of the gun ban covering the period 13 January to 12 June 2019.  Under COMELEC Resolution No. 10446 that provides the guidelines during the gun ban, chemicals are classified as explosives.

During the said period, bearing, carrying and transporting firearms, explosives or other deadly weapons is prohibited.

However, entities engaged in the transport, manufacture, import, export, purchase, deal in or sell of Firearms, Ammunitions, Explosives or their components who wants to be exempted of this prohibition are required to secure Certificate of Authority to Transport (CA-TT) chemicals from COMELEC.

Concerned entities may apply for the CA-TT by submitting the following:

  1. Accomplished application forms (CBFSP Form No. 2019-04 ATT (3 copies) & Form 19A04);
  2. Duly notarized Board Resolution;
  3. Certificate of Employment and Authorization of the applicant authorized by the Board;
  4. Original Permit to Transport issued by the Philippine National Police (PNP) with stamp “Not valid without COMELEC exemption;
  5. Endorsement Letter from the Firearms and Explosives Office of PNP; and
  6. Copy of official receipt of filing/processing fee to the COMELEC office.

Applicants are also advised to present and submit a Compact Disk (CD) containing the scanned copies of all documentary requirements and copies of the valid identification cards of the principal and authorized representative.

The COMELEC also encourages applicants to apply for accreditation “by proving their qualification of large-scale frequent operation and/or status as major industry stakeholder” through one-time submission of documentary requirements. Once accredited, applicants will no longer need to re-submit basic documents, thus, shorter turnaround time.

For more information and clarification, the COMELEC’s Committee on the Ban of Firearms and Security Personnel, responsible for the issuance of CA-TT, can be reached through telephone number (02) 400-0323.

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Speaker Arroyo urges for the revival of RoRo missionary routes

Speaker Gloria Macapagal-Arroyo (GMA) urged the Department of Transportation (DOTr) to revise its plan to develop a Roll-On, Roll-Off (RoRo) transportation system, during the House of Representatives Committee on Transportation oversight committee meeting, which aimed to determine how the government can improve the country’s RoRo system.

Speaker Arroyo ascertained that most of the proposed routes were already operational under the DOTr’s Maritime Industry Development Plan (MIDP). For instance, she said that most of the 30 proposed routes are either an existing port facilities or being served by shipping lines in nearby ports.

Cited example was the proposed Jagna, Camiguin to Cagayan de Oro route by the DOTr which is already being serviced by a shipping line.

During the hearing, Arroyo recommended to DOTr to give missionary routes to shipping lines to address the problem of unserved ports due to lack of operators. A missionary route is an incentive given to a shipping line to service a new route exclusively for five (5) years.

The RoRo transport system was one of GMA Administration’s priority programs to ensure fast and economical movement of goods and people, and to boost domestic tourism and trade.

During the said administration in 2003, 49 RoRo routes from Luzon to Mindanao were established. However, most of the RoRo projects approved during that time were cancelled by the Aquino Administration.

The administration of President Rodrigo Duterte has decided to revive the RoRo system citing it importance to trade and tourism. Today, there are a total 140 RoRo routes all over the country cutting travel time, promoting tourism and increasing trade.