G/LIC/Q/PHL/6  
 
28 September  2021 
(21-7224) Page: 1/3 
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 23 September  2021, is being circulated at the request of the 
delegation of the United States.  
 
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The United States thanks the Philippines for its response to the United States ' questions regarding 
the Philippines ' Sanitary and Phytosanitary Import Clea rance (SPSIC) regime in G/LIC/Q/PHL/5. 
The United States requests the Philippines respond to the following follow -up questions and 
additional questions in writing.  
United States'  Question 2 under G/LIC/Q/PHL/5: What is the role of the Secretary of Agricult ure and 
the bureaus in reviewing and approving the SPSICs?  
Philippines' Reply:  The review and approval of the SPSICs are mandated by the Secretary of 
Agriculture to the bureaus, particularly the Bureau of Animal Industry, Bureau of Fisheries and 
Aquatic Re sources, and Bureau of Plant Industry, and the Fertilizer and Pesticide Authority.  
US Follow -up Question:  
1. Please comment on the following statements of Philippine officials regarding the practices of the 
Philippine SPSIC regime and influence on relevant  Philippine Department of Agriculture (DA) 
bureaus:  
• During a 21 May 2021 press briefing, Philippine Presidential Spokesperson Harry Roque, Jr. 
stated the Philippines "will not import [rice] during the harvest season. We will wait for the 
harvest period to end so the farmers ' selling price in the market will not be affe cted."1 
• During the 22 October  2020 Philippine Senate Committee on Agriculture, Food, and Agrarian 
Reform hearing on proposed Senate Resolution Number 536 "Improve the Rice Importation 
Procedure, " DA Rodolfo V. Vicerra told the Senate Committee, "[DA] need[s] to really manage 
the issuance of SPSIC, specifically on the timing so that the arrivals of these imports will not 
combine with our main harvest.   So, we will have to come up with an administra tive order on 
[rice imports].2 
  
 
1 Genalyn Kabiling, "Gov't to suspend rice importation during local harvest season, " Manila Bulletin, 
20 May 2021, https://mb.com.ph/2021/05/20/govt -to-suspend -rice-importation -during -harvest -season   
2 Davinci Maru, "Villar chides DA offici al over rice importation during harvest season," ABS -CBN, 
22 October 2020, https://news.abs -cbn.com/news/10/22/20/villar -chides -da-official -over-rice-importation -
during -harvest -season . Committee on Agriculture, Food and Agrarian Reform, Senate of the Philippines, 
Manila, Philippines, 22 October  2020, https://youtu.be/0v2fXLoK3kw?t=1 0004. G/LIC/Q/PHL/6  
 
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  • On 16 October 2020, DA Secretary William Dar informed the Philippine Senate Committee on 
Finance that the DA has "institutionalized management strategy not to really bring feed wheat 
during the main harvest of corn… and so  that management strategy is now put in place. "3 
United States Question 4 under G/LIC/Q/PHL/5:  We understand that SPSICs are issued on a 
shipment -by-shipment basis. What is the purpose of limiting import clearances to a single shipment?   
Philippines' Rep ly: SPSICs are limited to a single shipment. This is administratively manageable to 
DA agencies in verifying compliance of shipments with SPS requirements as well as in emergency 
cases such as outbreaks of transboundary animal diseases in the country of or igin. 
U.S. Follow -up Question:  
2. Would the Philippines consider a single SPSIC issuance for multiple shipments to be as 
administratively manageable for verifying compliance of shipments with SPS requirements, given 
that an SPS export certificate is issue d for each individual shipment that confirms the imported 
product meets the Philippines ' SPS requirements? This would apply in particular for imports from 
suppliers that have an established track record of providing product that is free from diseases and 
pests of concern and present no risks to human, animal, and plant life and health.    
United States Question 5 under G/LIC/Q/PHL/5:  How does the Philippines determine the validity 
period and must -ship-out dates for a particular commodity?   
Philippines' Rep ly: DA [Administrative Order] AO 9, s. 2010 prescribes the "must ship out by " date 
requirement, which also determines the validity of SPSICs. SPSICs are valid so long as the ship -out 
date of the product/consignment is on the last day or within the followin g specified period which is 
reckoned from the date of SPSIC issuance:  
• 15 days for live milk fish ; 
• 30 days for other live, fresh, chilled or frozen fish and fishery/aquatic products [2] ; 
• 20 days for fresh and chilled fruits and vegetables ; 
• 60 days for eggs, milk and dairy products; animal feeds and feed ingredients; other products 
of animal origin i.e., embryos and semen; frozen fruits and vegetables ; 
• 60 days for live animals, meat and meat products, veterinary drug and products, fertilizers , 
pesticides and other agricultural chemicals ; 
• 90 days for veterinary biological products ; 
• 60 days for all other products not specified immediately above . 
U.S. Follow -up Question:  
3. What is the basis for limiting validity periods for specific commodities  as prescribed by DA AO 
No. 9, Series of 2010?   
United States Question 7 under G/LIC/Q/PHL/5:  
Will the Philippines notify the Committee on Import Licensing and other appropriate [World Trade 
Organization] WTO Committees regarding the following DA regulati ons: 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; Fish eries Administrative Order 259, Series of 2018; Special Order 
No. 284, Series of 2020; Special Order No. 1077, Series of 2020; Special Order 705, Series of 2020, 
and others that have been issued but not notified?  
Philippines' Reply:  The Philippines will su bmit the notifications of the aforementioned regulations to 
the Committee on Import Licensing and other appropriate WTO committees.  
 
3 "Zubiri to DA: Limit Imports, Support Local," Senate of the Philippines, 16 October 2020, 
http://legacy.senate.gov.ph/press_release/2020/1016_zubiri1.asp . Committee on Finance [Subcommittee 
"B"], Senate of the Philippines, Manila, Philippines, 16 October 2020, 
https://youtu.be/7541ggmm2ZM?t=9906.  G/LIC/Q/PHL/6  
 
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  U.S. Follow -up Question:  
4. When will DA notify the following regulations to the appropriate WTO Committee(s): 
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 No. 259, Series of 2018; Special Order No. 284, Series of 2020; Special Order 
1077, Series of 2020; Special Order 705, Series of 2020; Administrativ e Order No. 21, Series of 
2021; and Administrative Order No. 22, Series of 2021.  
Additional U.S. Questions:  
5. The United States notes that in August 2021, the Philippine Department of Agriculture issued AO 
No. 21, Series of 2021 "Temporary Extension of th e Validity of SPS Import Clearances for Imported 
Meat from 60 Days to 90 Days. " What is the rationale for the temporary extension?   
6. Can the Philippines please provide the number of SPSICs applied for and rejected, by month, 
between 2018 to the latest d ata available for 2021 for rice, corn, feed wheat, and whole chicken?  
7. Because the Philippines did not answer Question 10 from G/LIC/Q/PHL/4 when it replied in 
July 2021, the United States asks again. G/LIC/N/2/PHL/23 indicates that the administrative pu rpose 
of DA AO No. 09, series of 2013 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 administrati ve purpose?  
8. What is the reason for the suspension of SPSIC issuance for roundscad, bonito, mackerel, and 
moonfish under Special Order No. 705, Series of 2020?  
The United States notes that on 27 August 2021, the Philippine Department of Agriculture publi shed 
the press release titled "To augment local prod'n  and supply, DA chief okays CNI for 60K MT of fish. "4  
It states that "To augment current local fish production, maintain sufficient supply, and make it 
affordable to consumers, particularly in the las t quarter of the year (Q4) and in conjunction with the 
closed fishing season, Agriculture Secretary William Dar has approved the issuance of a Certificate 
of Necessity to Import (CNI) of 60,000 metric tons (MT). " DA AO No. 22, Series of 2021 "Guidelines 
in the Implementation of FAO 259 in Relation to the Certificate of Necessity to Import 60,000 MT of 
Small Pelagic Fish for Wet Markets " states that "all SPSICs shall be issued under the 2021 CNI 
60,000 MT before the closed fishing season and automatically ex pire on 31 December  2021. "5 
9. What are the criteria for determining the amount of fish to be allowed imported and the 
timeframes for the amount of allowed fish to be imported?  
10. Please explain how restricting SPSIC issuances "under the 2021 CNI 60,000 MT before the closed 
fishing season and automatically expire on 31 December 2021 " for importers is different from a 
quantitative restriction?  
11. What are the qualifications and/or requirements for importers of fish products to receive an 
SPSIC? Please cit e relevant regulations that set out these qualifications.  
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4 https://www.da.gov.ph/to -augment -local-prodn -and-supply -da-chief-okays -cni-for-60k-mt-of-fish/ 
5 https://www.da.gov.ph/wp -content/uploads/2021/08/ao22_s2021.pdf