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1
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Notifying
Member
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Philippines
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2
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Title
of new legislation/procedure
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IMPLEMENTING
RULES AND REGULATION OF TITLE XIII OF REPUBLIC ACT NO. 8424 OTHERWISE KNOWN
AS THE "NATIONAL REVENUE CODE OF 1997", AS AMENDED BY REPUBLIC ACT
NO. 11534 OR THE "CORPORATE RECOVERY AND TAX INCENTIVES FOR ENTERPRISES
(CREATE) ACT"
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3
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Date
of Publication
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26 June 2021
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4
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Date
of entry into force
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26 June 2021
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5
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Website
link/Official publication of the new regulation/procedure
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https://firb.gov.ph/download/create-irr/
https://firb.gov.ph/download/create-irr-amendments/
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6
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Have
you attached a copy of the regulation (PDF) to the Secretariat
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[X] Yes. (Please attach a copy of
the regulation to the notification.)
Annex B_N2_CREATE Act IRR.pdf
[ ] No.
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7
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Type
of notification
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[X] (a) New licensing regulation/procedure[2]; (please answer question 8 to 14)
[ ] (b) Changes to a regulation/procedure which
has been previously notified in document: ______________ ; ( please answer question
15 and 16)
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8
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List
of products subject to licensing
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All
capital equipment, raw materials, spare parts, or accessories are eligible
for the duty exemption, subject to conditions of availment provided under the
CREATE Act and its IRR.
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9
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Nature
of licensing
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Automatic: [ ]
Non-Automatic: [X]
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10
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Administrative
purpose/measure being implemented
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(a)
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Protect public morals;
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(b)
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Protect human, animal or plant life and health;
protect environment;
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(c)
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Collect trade statistics or market surveillance;
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(d)
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Protection of patents, trademarks and copyrights,
and the prevention of deceptive practices;
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(e)
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Pursue obligations under the UN Charter and other
international treaties (i.e. CITES, Basel
Convention, Rotterdam Convention, UNSC Resolutions etc.)
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(f)
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Quota (including TRQ) administration;
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(g)
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Regulate imports of arms, ammunition or
fissionable materials and safeguard national security;
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(h)
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Other: importation of capital equipment, raw
materials, spare parts, and accessories duty/ tax and duty free, which is
implemented by the Board of Investments (BOI) as provided under Republic Act
No. 11534 or the Corporate Recovery and Tax Incentives for Enterprises
(CREATE) Act.
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11
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Administrative
body(ies) for submission of applications
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Ministry/authority and Department: Department of
Trade and Industry – Board of Investments
Address: Board of Investments, Industry and
Investments Building, 385 Senator Gil Puyat Avenue, Makati City, 1200 Metro
Manila, Philippines
Websites (BOI and other IPAs):
1._ Board of Investments (BOI)
-_ https://boi.gov.ph
2._ Authority of the Freeport Area of Bataan (AFAB)
-_ https://afab.gov.ph
3._ Aurora Pacific Economic Zone and Freeport
Authority (APECO)
-_ https://www.apeco.gov.ph/home
4._ Clark Development Corporation (CDC)
-_ https://www.clark.com.ph
5._ Cagayan Economic Zone Authority (CEZA)
-_ https://ceza.gov.ph
6._ John Hay Management Corporation (JHMC)
-_ https://www.jhmc.com.ph
7._ Philippine Economic Zone Authority (PEZA)
-_ https://www.peza.gov.ph/home
8._ Poro Point Management Corporation (PPMC)
-_ https://poropointfreeport.gov.ph
9._ Regional Board of Investments-BARMM (RBOI-BARMM)
-_ https://bboi.bangsamoro.gov.ph
10._ Subic Bay Metropolitan Authority (SBMA)
-_ https://www.mysubicbay.com.ph
11._ Subic-Clark Alliance for Development Council
(SCAD)
-_ https://scad.gov.ph
12._ Zamboanga City Special Economic Zone Authority (ZCSEZA)
-_ https://zfa.gov.ph
Telephone: Board of Investments - (02) 8683-3500 or (02) 8897-6682
E-Mail (BOI and other IPAs):
1._
BOI:
incentives@boi.gov.ph
2._
AFAB: info@afab.gov.ph
3._ APECO: busdevmarketing@apecozonefreeport.com
4._ CDC: information@clark.com.ph
5._ JHMC: mgmt@jhmc.com.ph
6._ PEZA: info@peza.gov.ph
7._ RBOI-BARMM: bboi@bangsamoro.gov.ph
8._ SCAD: info@scad.gov.ph
9._
ZCSEZA: ecozone@zfa.gov.ph
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12
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Contact
point for information on eligibility
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Ministry/authority and Department: Department of
Trade and Industry – Board of Investments
Address: Industry and Investments Building, 385
Senator Gil Puyat Avenue, Makati City, 1200 Metro Manila, Philippines
Websites (BOI and other IPAs):
1._ Board of Investments (BOI)
-_ https://boi.gov.ph
2._ Authority of the Freeport Area of Bataan (AFAB)
-_ https://afab.gov.ph
3._ Aurora Pacific Economic Zone and Freeport
Authority (APECO)
-_ https://www.apeco.gov.ph/home
4._ Clark Development Corporation (CDC)
-_ https://www.clark.com.ph
5._ Cagayan Economic Zone Authority (CEZA)
-_ https://ceza.gov.ph
6._ John Hay Management Corporation (JHMC)
-_ https://www.jhmc.com.ph
7._ Philippine Economic Zone Authority (PEZA)
-_ https://www.peza.gov.ph/home
8._ Poro Point Management Corporation (PPMC)
-_ https://poropointfreeport.gov.ph
9._ Regional Board of Investments-BARMM (RBOI-BARMM)
-_ https://bboi.bangsamoro.gov.ph
10._ Subic Bay Metropolitan Authority (SBMA)
-_ https://www.mysubicbay.com.ph
11._ Subic-Clark Alliance for Development Council
(SCAD)
-_ https://scad.gov.ph
12._ Zamboanga City Special Economic Zone Authority
(ZCSEZA)
-_ https://zfa.gov.ph
Telephone:
1._ Board of Investments - (02) 8683-3500 or (02) 8897-6682
E-Mail (BOI and other IPAs):
1._
BOI:
incentives@boi.gov.ph
2._ AFAB: info@afab.gov.ph
3._ APECO: busdevmarketing@apecozonefreeport.com
4._ CDC: information@clark.com.ph
5._ JHMC: mgmt@jhmc.com.ph
6._ PEZA: info@peza.gov.ph
7._ RBOI-BARMM: bboi@bangsamoro.gov.ph
8._ SCAD: info@scad.gov.ph
9._
ZCSEZA: ecozone@zfa.gov.ph
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13
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Expected
duration of licensing procedure
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If any
provision of these Rules is subsequently declared invalid or
unconstitutional, other provision thereof which are not affected shall remain
in full force and effect.
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14
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A
summary of the notification in one of the WTO official languages
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The Certificate of Authority to Import (CAI) is a
requirement for BOI-registered business enterprises (RBEs) to import capital
equipment, raw materials, spare parts, and accessories duty/tax and duty-free
under the CREATE Act. This certificate is issued by the Board of Investments
(BOI) and applies only to items that are not locally available and will be
used exclusively in the activity of the firm's BOI-registered business. The
CAI system covers imports from all countries without exception and does not
impose any quota restrictions or quantitative limits on the number or value
of imports. To apply for a CAI, an RBE must first obtain a Certificate of
Non-Local Availability (CNLA) to confirm that the items to be imported are
not available locally in sufficient quantity or quality. The application for
a CAI is filed manually with the BOI Incentives Administration Service,
accompanied by a filled and notarized application form, a proforma invoice or
quotation from the supplier, and other required documents. An application fee
based on the project cost and an issuance fee are also required. The CAI is
valid for one year from the date of issuance and may only be used once. If the
CAI is not utilized within this period, it is forfeited, though there is no
penalty for non-utilization. The CAI is non-transferable and specific to the
importer who applied for it. Additionally, RBEs must obtain a Tax Exemption
Indorsement (TEI) from the Department of Finance to ensure customs clearance
for duty and tax exemptions. Upon importation, RBEs must present the CAI,
CNLA, TEI, and other necessary customs documentation in compliance with the
Customs Modernization and Tariff Act. The CAI system is designed to support
the import needs of BOI-registered firms engaged in activities listed under
the Strategic Investments Priority Plan, helping them access necessary
resources for their operations. For more detailed information and access to
applicable forms, stakeholders are advised to consult the BOI website.
All Investment Promotion Agencies (IPAs)
implement the Certificate of Authority to Import (CAI) or its equivalent
under the CREATE Law. As outlined in Section 295 (2), IPA approval is
required for duty-free importation of capital equipment, raw materials, and
other essential inputs. Each IPA, however, follows its own specific
procedures and imposes different filing fees, so businesses must comply with
these unique guidelines to secure the necessary approvals and incentives.
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15
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In
the case of 7(b), please indicate the type of new change(s)
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(a)
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Termination
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(b)
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Suspension
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(c)
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Modification of specific details in existing
procedures:
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Product coverage;
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Administrative purpose;
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Automatic or Non-automatic;
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Duration of licensing;
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Change the nature of quantity/value
restriction;
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Eligibility of applicants;
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Contact information on eligibility;
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Administrative body(ies) for submission of
application;
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Documentation requirements (including
application form);
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Period for Application;
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Administrative body(ies) to issue licence;
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Processing time for issuing licence;
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Licence fee/administrative charge;
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Deposit/advance payment and relevant
conditions;
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Appeal regulations/procedures;
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Validity of licence;
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Other conditions of licence (extension,
transferability, penalty of non-use etc.);
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Foreign exchange requirements;
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Other: __________ (please specify).
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16
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Please
elaborate the changes in detail (in one of the WTO official languages)
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