[ BIS, February 20, 2001 ]
AMENDED GUIDELINES FOR THE IMPORTATION OF USED TRUCKS AND USED BUSES
Pursuant to Executive Order No. 782 dated 13 March 1982, as amended by Executive Order No. 354 dated 29 March 1989 and Executive Order No. 361 dated 22 June 1989 and in line with Bangko Sentral ng Pilipinas (BSP) Circular No. 92, Series of 1995 dated 19 October 1995, the Inter-Agency Committee on Used Trucks (IAC-UTE), in coordination with other government agencies had decided to amend the Amended Guidelines for the Importation of Used Trucks and Buses in conformity with the agreement reached during its Technical Working Group s (TWG s) 16 November 1995 meeting as concurred with by the Mother Committee through a Referendum dated 23 November 1995, shall be as follows:
Section 1. Basic Conditions for Importation
1.1 Prior authorization from the IAC-UTE shall be required for importation of used trucks and buses, except, those that fall under the deregulated items.
1.2 Only the following shall be allowed for importation:
2.1 The application for importation shall be filed with IAC-UTE Secretariat using the prescribed application form and with the processing fee payable to the DTI (c/o CIS). The duly accomplished application forms shall be submitted together with the following documents:
2.3 Except for requests for amendments/s on the authorized importation (i.e. change in the name of supplier, commodity description, authorized agent bank, number of units, value, terms of payment) which will require prior clearance/authority from the IAC-UTE, all other importation transactions (i.e. extension of validity of L/C shall be undertaken directly by the importer with his/her authorized agent bank.
2.4 Upon arrival of the shipment the IAC-UTE shall authorize the issuance of a release certificate to cover the importation of used trucks and used buses, and the certificate shall be addressed and delivered to the BOC if under Self-Funded Mode of Payment, upon submission of the following:
2.4.1 Copy of the import authority
2.4.2 Bank Certified copy of L/C if under L/C
2.4.3 Complete set of shipping documents (i.e. Commercial Invoice, Packing List, Bill of Lading, Pre-shipment Clean Report of Findings or SGS-CRF, Certification of Cancellation of Registration-including its English translation).
2.4.4 Certificate of Roadworthiness and Certificate of Compliance to Emission Standards issued by the Authorized Agency at the Country of Origin reflecting acceptable level of emission at the time of exportation.
2.4.5 Certified true copy of fully-processed Import Entry Documents.
Section 3. Registration Procedures
3.1 The Importer (Traders/End-Users) of Used Trucks and Buses shall effect registration of the imported units directly to Land Transportation Office (LTO) Central Office, East Avenue, Quezon City.
3.2 Transfer of Ownership (TOO) of the imported buses shall be allowed, subject, however, to the following conditions:
Section 4. Penalties
4.1 Violation of any of the provisions of these Guidelines and/or conditions imposed on import approvals, shall constitute sufficient cause for the imposition of appropriate disciplinary measure/s such as imposition of penalties, blacklisting of importer/foreign supplier, and/or suspension/revocation of the firm s import authority, as well as penalties provided for under the pertinent provisions of the Tariff and Customs Code including seizure proceedings, without prejudice to other sanctions imposed under the Revised Penal Code and other laws.
Section 5. Review of the Guidelines
5.1 The IAC-UTE shall coordinate and supervise the implementation of these Guidelines and shall continuously review pertinent policies and procedures to ensure its conformity with the existing government policies.
Section 6. Transitory Provisions
6.1 All applications received before the approval of these guidelines shall be subject to the previous guidelines.
SECTION 7. Effectivity
7.1 These Guidelines supersedes the guidelines of 31 January 1994 as amended on 18 December 1994 and of 31 January 1994 as amended on 06 April 1995 for used trucks and used buses, respectively and shall take effect immediately after the required publication in a newspaper of general circulation.
For the Inter-Agency Committee on Used Trucks and Engines:
(SGD.) CESAR S. BAUTISTA
Undersecretary of Trade and Industry
Chairman, IAC-UTE
Section 1. Basic Conditions for Importation
1.1 Prior authorization from the IAC-UTE shall be required for importation of used trucks and buses, except, those that fall under the deregulated items.
1.2 Only the following shall be allowed for importation:
1.2.1 Used Completely Built-Up (CBU) Left Hand Drive Trucks for the transport of goods (cargo) with rated Gross Vehicle Weight (GVW) greater than 4.5 tons [4,500 kgs.] but not exceeding 6 tons [6,000 kgs.] regardless of year model provided these are accompanied by a Certificate of Roadworthiness and Certificate of Compliance to Emission Standards issued from the country of origin stating acceptable level of emissions at the time of exportation.Section 2. Import Procedures
1.2.2 Used CBU Left Hand Drive (Special Purpose Vehicles SPVs) as properly classified by BSP regardless of model, provided these are issued by the country of origin with a Certificate of Roadworthiness and Certificate of Compliance to Emission Standards of the country of origin stating acceptable level of emissions at the time of exportation. No importation of Right-Hand Drive (RHD) SPVs which are principally road trucks shall be allowed. Only SPVs classified as Off-the-road type and with DOTC Certification [i.e. heavy duty and slow moving vehicles used for concession like mining, logging, etc.] shall be allowed for importation even if these are RHDs.
1.2.3 Used CBU LHD Buses with rated gross vehicle weight (GVW) greater than 6 tons [6,000 kgs.] but not exceeding 12 tons [12,000 kgs.] regardless of year model provided these are accompanied by a Certificate of Roadworthiness and Certificate of Compliance to Emission Standards issued from the country of origin stating acceptable level of emissions at the time of exportation. Used passenger buses which are RHD must be accompanied by appropriate conversion kits or steering assay. Or all of the following parts: steering knuckle assembly, knuckle arm steering, arm tie rod, end tie rod and drag link.
2.1 The application for importation shall be filed with IAC-UTE Secretariat using the prescribed application form and with the processing fee payable to the DTI (c/o CIS). The duly accomplished application forms shall be submitted together with the following documents:
2.1.1 One (1) original proforma invoice indicating the following information: Classification/Commodity code, quantity, unit price, total amount, terms of payment, gross vehicle weight, year model, number of wheels, type/brand of trucks/buses.2.2 The Certificate of Authority to Import issued shall be valid for a period of sixty (60) days for importations under the Letter of Credit (L/C) Mode of Payment, and one hundred twenty (120) days for importations under non-L/C Mode of Payment, (i.e. Self-Funded, Document Against Payments [DP], etc.] reckoned from the date of issuance of the Certificate and cannot be extended nor renewed without prejudice to re-application should the import authority expired unutilized. On the self-funded importation, the authority which is addressed to the importer shall be used to transact business with the Bureau of Customs (BOC).
2.1.2 Affidavit of undertaking executed by the company (principal) and duly authorized representative on their compliance with the conditions for importation.
2.3 Except for requests for amendments/s on the authorized importation (i.e. change in the name of supplier, commodity description, authorized agent bank, number of units, value, terms of payment) which will require prior clearance/authority from the IAC-UTE, all other importation transactions (i.e. extension of validity of L/C shall be undertaken directly by the importer with his/her authorized agent bank.
2.4 Upon arrival of the shipment the IAC-UTE shall authorize the issuance of a release certificate to cover the importation of used trucks and used buses, and the certificate shall be addressed and delivered to the BOC if under Self-Funded Mode of Payment, upon submission of the following:
2.4.1 Copy of the import authority
2.4.2 Bank Certified copy of L/C if under L/C
2.4.3 Complete set of shipping documents (i.e. Commercial Invoice, Packing List, Bill of Lading, Pre-shipment Clean Report of Findings or SGS-CRF, Certification of Cancellation of Registration-including its English translation).
2.4.4 Certificate of Roadworthiness and Certificate of Compliance to Emission Standards issued by the Authorized Agency at the Country of Origin reflecting acceptable level of emission at the time of exportation.
2.4.5 Certified true copy of fully-processed Import Entry Documents.
Section 3. Registration Procedures
3.1 The Importer (Traders/End-Users) of Used Trucks and Buses shall effect registration of the imported units directly to Land Transportation Office (LTO) Central Office, East Avenue, Quezon City.
3.2 Transfer of Ownership (TOO) of the imported buses shall be allowed, subject, however, to the following conditions:
3.2.1 That the IAC-UTE Secretariat shall endorse the TOO to the LTO, upon submission of the following:3.3 The BIS prior to endorsement to LTO shall require bus owners/operators to inscribe conspicuously in the bus the following marks:
3.2.2 For Seller/Transferor (Franchise-holder): That the buyer is a bonafide franchise-holder and at least ten (10) units out of the total number of imported units shall remain to the seller/transfer for operations.
3.2.3 For Seller/Financing Institution: That the buyer is a bonafide franchise-holder and that the units were legally foreclosed/impounded from the previous owner/franchise-holder.
3.2.4 For Seller/Trader: That the buyer is a bonafide franchise-holder and/or duly registered corporation from the Securities and Exchange Commission and/or with Department of Trade and Industry - BTRCP/NCR/BOI or any other government agency (i.e. CDA, etc.)
NOTE: Only qualified bonafide holders of Public Utility Bus (PUB) denomination duly registered with the LTFRB are allowed to avail of this TOO Scheme for imported buses availed on the previous Bus Importation Program.
3.3.1 Buses to be registered as PUB - For Passenger Bus Transport Use Only 3.4 The Secretariat shall also submit within ten (10) days from the last day of the reference month, a monthly summary filing to the LTO through the Registration Division covering all import and release authorizations issued by the IAC-UTE together with copies thereof.
3.3.2 Buses to be registered as private - For Private Use Only or as the case maybe
Section 4. Penalties
4.1 Violation of any of the provisions of these Guidelines and/or conditions imposed on import approvals, shall constitute sufficient cause for the imposition of appropriate disciplinary measure/s such as imposition of penalties, blacklisting of importer/foreign supplier, and/or suspension/revocation of the firm s import authority, as well as penalties provided for under the pertinent provisions of the Tariff and Customs Code including seizure proceedings, without prejudice to other sanctions imposed under the Revised Penal Code and other laws.
Section 5. Review of the Guidelines
5.1 The IAC-UTE shall coordinate and supervise the implementation of these Guidelines and shall continuously review pertinent policies and procedures to ensure its conformity with the existing government policies.
Section 6. Transitory Provisions
6.1 All applications received before the approval of these guidelines shall be subject to the previous guidelines.
SECTION 7. Effectivity
7.1 These Guidelines supersedes the guidelines of 31 January 1994 as amended on 18 December 1994 and of 31 January 1994 as amended on 06 April 1995 for used trucks and used buses, respectively and shall take effect immediately after the required publication in a newspaper of general circulation.
For the Inter-Agency Committee on Used Trucks and Engines:
(SGD.) CESAR S. BAUTISTA
Undersecretary of Trade and Industry
Chairman, IAC-UTE