WHEREAS, Sugar Order No. 6, Series of 2004-2005 dated 24 June 2005 established the guidelines for the registration of sugar, molasses and muscovado traders;

WHEREAS, there has been a increase in the number of applications for licenses, and there is a need to ensure that grantees of licenses are legitimate business entities and will not engage in œfly-by-night  transactions which might pose a threat to quedan or certificate holders;

NOW THEREFORE, under and by virtue of the authority vested in the Sugar Regulatory Administration (SRA), the guidelines in granting licenses to traders are hereto published as follows:

SECTION 1. SCOPE. This Sugar Order covers the granting of licenses to sugar, molasses and muscovado traders.

SECTION 2. LICENSE TO ENGAGE IN TRADE. No person or entity may engage in the trade of sugar, molasses and muscovado whether domestic or import/export trading, without the necessary license granted by the Sugar Regulatory Administration.

SECTION 3. QUALIFIC ATIONS. Any person or business entity duly created under the laws of the Philippines may apply with the Regulation Department, SRA Bacolod City or Quezon City for trader ™s license subject to compliance/submission of the following:

3.1 Duly filled up notarized application letter (form SRA-03A available at SRA);
3.2 Municipal/City License;
3.3 Mayor ™s Permit;
3.4 BIR Privilege Tax;
3.5 Certificate of Registration of the Business Name with the Department of Trade and Industry (for individual or sole proprietorship); or Certificate of Registration with the Securities and Exchange Commission (for partnership or corporation) and a copy of its By-laws and Articles of Incorporation; or Certificate of Registration with the Cooperative Development Authority and Certificate of Good Standing issued by their respective Regulatory Agencies (for cooperatives);
3.6 Certificate of Registration for Tax Identification Number (TIN) and Taxpayer ™s Identification Card;
3.7 Latest Income Tax Return.

SECTION 4. VERIFICATION AND REPORT. The Licensing and Monitoring Division, Regulation Department, upon receipt of the application and complete documentary requirements, shall verify the legitimacy of the business of the applicant. Verification may include office and warehouse visit, and random verification with government agencies of the authenticity of the documents submitted. Thereafter, the application shall be submitted to the Administrator together with the verification report and shall state thereto the recommendation to approve or not the application, and the reason for such recommendations.

SECTION 5. AUTHORITY TO APPROVE APPLICATION. The SRA Administrator is hereby given the authority to approve the application for license subject to the guidelines herein set in this sugar order and such other issuances of the Sugar Board thereafter.

After approval and payment of the registration fee herein set forth, the SRA shall issue the license.

SECTION 6. REGISTRATION FEE. Upon approval by the Administrator of the application, the applicant shall pay the full registration fee pursuant to General Administrative Order (GAO) either in cash, company check, money order or telegraphic/bank transfer. Application filed for the remaining two months of current crop year shall pay only one half (1/2) of the registration fee.

SECTION 7. VALIDITY. Licenses filed for a given crop year, once approved and issued, shall be validity for the crop yea r.

A change in business name shall render the trader ™s license invalid, and a new application shall be filed (not renewal).

SECTION 8. TRADING REPORT. Registered/Licensed sugar/molasses/muscovado traders shall submit within fifteen (15) days after each crop year, an annual report of trading (Forms hereto attached as Annexes œB  and œC )^* covering the crop for which a license has been issued. A penalty of Two Thousand Pesos (P2,000.00) shall be imposed for every month of delay.

SECTION 9. RENEWAL. Renewal of licenses may be filed two (2) months before the start of the crop yea r, submitting therewith the requirements enumerated in Section 3 except 3.5. Furthermore, the Trading Report stated in Section 8 shall form part of the requirements for renewal. Failure to comply with any of the requirements shall be sufficient ground for non-renewal of license.

SECTION 10. PUBLICATION. For the information of the public, a list of traders for the crop year shall be published in a Circular Letter monthly.

SECTION 11. CONSISTENCY. Provisions of Sugar Orders, Circular Letters and/or other rules and regulations contrary to or inconsistent with this Sugar Order, are hereby amended, modified or revoked accordingly.

SECTION 12. EFFECTIVITY. This Order shall take effect on March 16, 2009.

Adopted: 16 March 2009

BY AUTHORITY OF THE SUGAR BOARD

(SGD.) RAFAEL L. COSCOLLUELA
Administrator

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^* Not Filed with ONAR.