Basic information
Outline of the system
The Energy Resource Development Bureau (ERDB) through the Coal and Nuclear Minerals Division (CNMD), issues a Certificate of Compliance (CoC) for Coal Importation to all registered coal end-users and accredited coal traders who file an application for every importation of coal from foreign countries, whether for trade or for its own use and requirement.
Product coverage
ERDB maintains the issuance of CoC for the following coal products with the following HS Codes:
|
ASEAN Harmonized Tariff Nomenclature (AHTN) |
Commodity |
|
2701.11.00 |
Anthracite |
|
2701.12 |
Bituminous |
|
2701.12.10 |
Coking Coal |
|
2701.12.90 |
Other Coal |
|
2701.19.00 |
Subbituminous Coal |
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Non-Automatic licensing to collect trade statistics or market surveillance.
Products under restriction as to the quantity or value of imports
No, it is not intended to restrict the quantity or value of imports. It is intended for the ERDB's monitoring of the country's coal supply and demand data for energy planning and policy formulation purposes as well as energy audits of the non-power industries which utilize coal.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The system applies to coal imported from foreign countries.
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
For coal importation, DOE issued Department Circular No. 2012-05-0006 otherwise known as "Guidelines on the Accreditation of Coal Traders and Registration of Coal End-Users" to limit the importation of coal only to registered coal end-users and accredited coal traders.
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
Yes, there is a system of registration for companies permitted to engage in importation. Registered business entities engaged in coal trading, transportation, and distribution activities must first apply for an accreditation as coal trader. Likewise, registered business entities engaging in the utilization/consumption of coal must first apply for registration as coal end-user.
What persons or firms are eligible to apply for a licence?
Only registered coal end-users and accredited coal traders may apply for CoC.
Is there a registration fee?
Application fee for coal trader's accreditation is Php 3,500.00 while coal end-user registration requires an application fee of Php 5,000.00.
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
DOE-Energy Resource Development Bureau
Address
Energy Center Rizal Drive cor 34th Street Bonifacio Global City, Taguig City, Metro Manila 1634, Philippines
Telephone
(+632) 9479-2900
Fax
(+632) 8840-2068
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
DOE-Energy Resource Development Bureau
Documentation requirements
What information is required in applications?
Please see Annex C for the Checklist of Requirements (CoR) needed for the application.
Annex C - Checklist requirements Coal.pdfWhat documents is the importer required to supply with the application?
Please see Annex C for the Checklist of Requirements (CoR) needed for the application.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Application for CoC should be filed at least ten days prior to the declared Estimated Time of Arrival (ETA).
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There are no limitations.
Issuing the license
Can a licence be granted immediately on request?
No, the CoC cannot be granted immediately. It follows a standard procedure and processing time as indicated in the agency's Citizen's Charter.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
Consideration of applications is only effected by a single administrative organ.
Must the applications be passed on to other organs for visa, note or approval?
The applicant does not need to approach more than one administrative organ.
Are there any other conditions attached to the issue of a licence?
Submission of Post Imports Documents (PIDs) of the previously approved CoC is required.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes, there is a fee
What is the amount of the fee or charge?
PHP 1,300.00 for every CoC application.
Is there any deposit or advance payment required associated with the issue of licences?
Not applicable.
Please refer to https://www.doe.gov.ph for further information.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Approval of the application for CoC may be refused if the applicant does not submit the required Post Import Documents (PIDs) from its previous importation. It may also be refused if the ETA of the application precedes the date of the filing of application.
Are the reasons for any refusal given to applicants?
A letter of deferment/denial is given to the applicant.
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
There are no limitations.
What documents are required upon actual importation?
It is required to present the approved CoC to the Bureau of Customs.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
The importer should be an accredited coal trader or a registered coal end-user. If not, they should initially apply for a Coal Trader's Accreditation or Coal End-user Registration prior to the application for CoC.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
It is valid for two months. It can be extended by filing an application for amendment of the previously applied CoC.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
None.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No, it is not transferable between importers.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.