   
  
G/LIC/Q/PHL/4  
 
8 April 2021  
(21-2930) Page: 1/2 
Committee on Import Licensing  Original: English  
 
IMPORT LICENSING SYSTEM OF THE PHIL IPPINES  
QUESTIONS FROM THE UNITED STATES TO THE PHILIPPINES  
The following communication, dated 7 April 2021, is being circulated at the request of the delegation 
of the United States.  
 
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Over the last year the Philippines has made numerous notifications of legislation and regulations 
concerning import licensing culminating in an updat e of its annual notification. In the most recent 
Article 7.3 annual notification, G/LIC/N/3/PHL/13, the Philippines states that the Sanitary and 
Phytosanitary Import Clearances (SPSICs) issued by the Bureau of Animal Industry (BAI), Bureau 
of Fisheries and  Aquatic Resources (BFAR), and Bureau of Plant Industry (BPI) are used to "ensure 
that the products being imported meet the standards to protect human, animal life or health, 
guarantee that the products are safe for consumers and to prevent the spread of p ests or diseases 
of animals " and are "not intended to restrict the quantity or value of imports ".  
The United States is concerned that the Philippines uses the SPSICs to restrict imports for reasons 
that appear unrelated to the protection of human, animal,  or plant life or health. According to the 
2018 Trade Policy Review (Section 3.3.2, paragraph 3.75), in some instances domestic supply of the 
same product is taken into account when issuing import clearances. We are specifically concerned 
by the repeated p ublic statements by the Philippines Department of Agriculture (DA) that it is using 
the SPSIC system to periodically block imports of rice, corn, and feed wheat during its domestic 
harvest seasons. In the case of U.S. whole chickens, there have been report s of ongoing SPSIC 
rejections without reason since September 2020.  
Question 1:  Can the Philippines please confirm the purpose of the SPSIC system, and provide the 
underlying laws, regulations, and guidelines that form the basis for SPSIC issuance by each o f the 
Bureaus listed above?  
Question 2: What is the role of the Secretary of Agriculture and the Bureaus in reviewing and 
approving the SPSICs?  
In addition, the United States requests clarifications about some of the procedural aspects of the 
SPSIC regulat ions.  
Question 3: In the annual notification, the Philippines states that SPSICs issued by BAI, BFAR, and 
BPI are required prior to importation.  
For each of these three Bureaus, please describe the procedure and timeline for submitting the 
SPSIC applicat ion and receiving an SPSIC approval, including in relation to the loading of the product 
in the country of origin for shipment.  
Can applications for SPSIC be made when the product has left the country of origin for the export 
market, either directly en route  to the Philippines or redirected to the Philippines from another 
destination?  
What is the reason for requiring product to be  loaded only in the country of origin?  G/LIC/Q/PHL/4  
 
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  Question 4: We understand that SPSICs are issued on a shipment -by-shipment basis. What is the 
purpose of limiting import clearances to a single shipment?   
Question 5: How does the Philippines determine the validity p eriod and must -ship-out dates for a 
particular commodity?   
Question 6: What is the status of Administrative Order (AO) 24 Series of 2020:  Additional Guidelines 
on the Approval of SPSIC for Meat Commodities? Has the DA rescinded this AO? Is the regulation  
based on existing regulation(s) and if so, which one(s)?  
Question 7: Will the Philippines notify the Committee on Import Licensing and other appropriate 
WTO Committees regarding the following DA regulations: Administrative Circular 12, Series of 2017; 
Department Circular No. 06, Series of 2020; Memorandum Order No. 28, Series of 2019; 
Memorandum Order No. 30, Series of 2020, Memorandum Circulars 38, 39, and 43, Series of 2020; 
Republic Act No. 10654; Fisheries Administrative Order 259, Series of 2018; Spec ial Order No. 284, 
Series of 2020; Special Order 1077, Series of 2020; Special Order 705, Series of 2020, and others 
that have been issued but not notified?  
Question 8: Will the Philippines update the questionnaire on import licensing with the 
aforemention ed regulations?  
Question 9: G/LIC/N/2/PHL/23 indicates DA AO No. 09, series of 2013 's administrative purpose is 
to protect human, animal or plant life and health; protect the environment. What is the purpose of 
Section VI Issuance and Utilization and Good Standing Certificate, subsection A and its relation to 
the administrative purpose?  
Question 10: In the event of the rejection of a SPSIC application, are all applicants informed of the 
reason for the disapproval? Do applicants have rights to appeal?   
Question 11: Can the Philippines please provide the number of SPSICs issued, by month, for the last 
three years for rice, corn, feed wheat, and whole chicken ? 
 
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