Category: Trade Policy & Procedures Simplification

President Rodrigo Duterte has signed into law the Ease of Doing Business (EODB) and Efficient Government Service Delivery (EGSD) Act of 2018. The new law will shorten the number of days in processing permits and licenses of all business-related transactions in the Philippines.

Signed on May 28, Republic Act (RA) No. 11032 also includes stricter rules like the two-strike policy that any violation will warrant penalties and liabilities for government officials who fail to issue permits in the given period.

The provisions of the law were highlighted in the 6th Annual Ease of Doing Business Summit recently held at the Philippine International Convention Center in Pasay City.

RA 11032 amends Republic Act No. 9485, otherwise known as the Anti-Red Tape Act of 2007.

Under this Act, businesses can expect streamlined processes; reduced processing times from all government agencies, including government-owned and controlled corporations (GOCCs). Government agencies shall be made to comply with the prescribed processing time: three working days for simple transactions, seven working days for complex transactions, and 20 working days for highly technical transactions.

Apart from streamlining, the law also provides for the creation of a central business portal that will receive and capture application data on business-related transactions, while a Philippine business databank will provide LGUs and national government agencies access to information to verify the validity and existence of businesses. With this, businesses are not required to submit the same documentary requirement previously submitted

This is pursuant to Department Order No. 11-2018 issued by the Department of Finance last 9 February 2018 which states that the “authority to accredit and register customs brokers and importers is reverted solely to the Bureau of Customs for purposes of simplification of process”.

The BOC also posted in its website the application forms for the accreditation. Said forms indicated that the applicant must also submit a list of Importable items with clear description in technical and tariff terms, estimated volumes and values for the next twelve (12) months.

Following the issuance of DO 11-2018, the BOC is now mandated to provide the BIR with a list of accredited importers and customs brokers for post-accreditation validation of tax compliance. In turn, the BIR shall notify immediately the BOC if there is a case of tax deficiency and non-compliance of accredited importers and customs brokers.

DO 11-2018 repealed DO 12-2014 and DO 18-2014 which required two-step accreditation process. Previous process requires importers and brokers to go through stringent verification procedure of BIR to secure Importers Clearance Certificate (ICC) and Brokers Clearance Certificate (BCC) respectively and submit the same as form part of the requirement of BOC accreditation.Since March 1, the Bureau of Internal Revenue has stopped accepting application for accreditation.

Exporters are encouraged by the Bureau of Philippine Standard (BPS) of the Department of Trade and Industry to comment on the proposed technical regulations of different countries on 151 products. The list is released by the World Trade Organization (WTO) through the WTO-TBT Enquiry Point at the BPS Standards and Conformance Portal (www.bps.dti.gov.ph). Said regulations cover Domestic and Commercial Equipment, Entertainment, Sports, Electrical Engineering, Fluid Systems and Components for General Use, Food and Beverages, Health Care Technology etc. to be exported to Brazil, Egypt, the European Union, Rwanda, the United States of America and other countries.

For more information, DTI-BPS may be reached at its email:  bps@dti.gov.ph and tel. no. (632) 751.4700.

Relevant government agencies have concurred to the urgency of the Philippine accession to the Istanbul Convention which will implement the ATA Carnet System.

The ATA Carnet is an international scheme that will allow tax-free and duty-free importation of commercial samples, professional equipment and articles for presentation or use in trade fairs, shows, exhibitions without customs formalities. It will also allow traders to use Carnet, a single document of goods that will pass through several customs territories and will be valid up to one (1) year. Hence, traders will save costs and time in clearing goods at the border.

Relevant agencies such as the Department of Trade and Industry (DTI) and Department of Finance (DOF) are urged to submit their respective Certificates of Concurrence (COC) to the Department of Foreign Affairs (DFA) by December 2017.

The DFA – United Nations and International Organizations (UNIO) leads in the preparation of the Instrument of Accession for the President’s approval. Director Roberto Manalo of the DFA-UNIO who serves as the chair of the technical working group on ATA Carnet, underscored the need for government agencies to support the promotion of export development through the ATA Carnet system.

He added that this is also in compliance to the Office of the President Memorandum Circular No. 27 issued last 6 October 2017 which directs government agencies to “strengthen the implementation of the Philippine Export Development Plan (PEDP).” –Asnia R. Bayabao

Bureau of Customs officials and personnel are now mandated to take action within five (5) days of receipt of official communication from its internal and external stakeholders to facilitate processing of documents.

Pursuant to Customs Memorandum Order (CMO) 24-2017, employee shall acknowledge receipt of the documents and act upon it within 5 days or refer it to appropriate office if it’s not within its jurisdiction.

The CMO rendered the affected existing Citizen’s Charters of BOC relevant offices obsolete and shall be revised, reprinted and reposted. It also provides that non-compliance of employees may be a ground for administrative and disciplinary sanctions for erring employees.

CMO 24-2017 was signed by Commissioner Isidro Lapeña last 23 October 2017 in response to the directive of President Rodrigo Duterte to all government agencies to expedite processing of letters, requests and permits.

It also cited the Anti-Red Tape Act of 2007 (Republic Act (RA) 9845),  Code of Conduct and Ethical Standards from Public Officials and Employees (RA 6713) and SONA Directive No. 2017-0010 issued by Cabinet Secretary Leoncio V. Evasco, Jr. last 7 September 2017 which directs “All Department Secretaries and Agency Heads to ensure that all Directors and its personnel in their respective agencies act on letters and requests from the public within 15 working days, subject to existing laws, rules and regulations.- Asnia R. Bayabao

The Senate passed on third reading the Senate Bill 1311 or the Ease of Doing Business (EODB) Act of 2017 which seeks to establish a national policy of ease of doing business, creating for the purpose the Ease of Doing Business Commission. The bill was sponsored by Senator Juan Miguel Zubiri, chair of the Senate Committee on Trade, Commerce and Entrepreneurship.

The bill sets a new prescribed processing period under which both national and local government offices will have to process the application and communicate the decision regarding the status of the application. This period will not be longer than three (3) working days for simple transactions and seven (7) working days for complex transactions from the time the application was received. For highly technical applications, the bill prescribes a maximum processing time of thirty (30) working days.

To ensure the attainment of the objective of this Act, an Ease of Doing Business Commission will be created. The Commission shall be the policy-making body on business registration and regulatory management and shall set the overall direction for the implementation of the National Policy on Ease of Doing Business.

Likewise, the House Committee on Trade and Industry recently approved the same version of the aforesaid bill. The House of Representatives is targeting to pass the measure before its Session break on 14 October 2017. The EODB Act is certified as urgent by President Rodrigo Duterte. –Ma. Divine Grace T. Derez

The Philippines has ratified the Protocol on the Legal Framework (PLF) to implement the ASEAN Single Window (ASW). The instrument of ratification was signed by the President on 28 June 2017. The ASW is an electronic gateway that provides seamless and simplified information among ASEAN member states.

This means that the Philippines can now electronically receive and send certificates of origin under the ASEAN Trade in Goods agreement (ATIGA Form D), the document needed to avail of the preferential tariff agreement.

Other cross-border documents will also be exchanged under the ASW Gateway in the future. With this, it will facilitate trade between the Philippine and ASEAN neighbors.

Eventually, the ASW connection will help the Philippines to increase its competitiveness in terms of ease of doing business (EODB), and will increase the transparency of cargo processing by providing more accurate, timely, and cost-efficient exchange of information.- Asnia R. Bayabao & Aira Angel S. Baleos