Amendments to Foreign Exchange Regulations

November 6, 2013 BSP CIRCULAR NO. 818-13 SUBJECT : Amendments to Foreign Exchange Regulations Pursuant to Monetary Board Resolution Nos. 1094 dated 4 July 2013 and 1713 dated 17 October 2013, the following provisions of the Manual of Regulations on Foreign Exchange Transactions (issued under Circular No. 645 dated 13 February 2009, as amended) are further revised as follows: "Section 6. General Policy. As a general rule, all kinds of merchandise imports are allowed. However, the importation of certain commodities are regulated or prohibited for reasons of public health and safety, national security, international commitments, and development/rationalization of local industry. xxx xxx xxx A duly accomplished application to purchase foreign exchange using the prescribed format (Annex A) and supporting documents (as may be applicable) shall be submitted to AABs/AAB-forex corps to allow the sale of foreign exchange to pay for import obligations." "Section 22. The BSP shall regulate foreign/foreign currency loans to ensure that principal and interest owed to creditors can be serviced in an orderly manner and with due regard to the economy's overall debt servicing capacity. . . . 5. AABs shall not extend peso financing to non-residents unless explicitly allowed under existing BSP rules. 6. Foreign borrowings of banks shall also be subject to the pertinent provisions of the MORB, as well as other applicable laws, rules and regulations." "Section 23. Loans Requiring Prior BSP Approval. Prior BSP approval shall be required for the following loans: xxx xxx xxx 2. Loans of the private sector irrespective of maturity, creditor and the source of foreign exchange for servicing thereof, if: HIcTDE a. guaranteed by government corporations and/or government financial institutions; or b. covered by foreign exchange guarantees issued by AABs. xxx xxx xxx" "Section 24. Loans Not Requiring Prior BSP Approval. The following loans may be granted without prior approval of the BSP: xxx xxx xxx 2. Short-term interbank loans of banks, e.g. , interbank call loans. xxx xxx xxx 5. Short-term loans of private exporters/importers from OBUs and foreign banks with branches in the Philippines: Provided, That: xxx xxx xxx f. The loans have been granted against BSP-approved short-term lending programs of the creditor banks, including OBUs. 5 xxx xxx xxx "Section 29. Servicing of Loans . 6 xxx xxx xxx 4. AABs and AAB-forex corps may sell foreign exchange without prior BSP approval for prepayments ( i.e. , payments before original due dates) of BSP-registered private sector loans (including bonds and notes) that are not publicly-guaranteed, subject to the following conditions: a. In the case of prepayment of medium- and long-term private sector loans, the borrower shall submit to the BSP-IOD a notice of intention to prepay at least one (1) month prior to the target prepayment date indicating the following: name of creditor, BSP registration number for the loan, date of prepayment, amount of principal to be prepaid and related interest/other fees/charges due in original currency, and remittance instructions ( e.g. , account number and recipient bank). Such notice shall not be required for prepayment of short-term private sector loans. After payment, the borrower shall submit to the BSP-IOD proof/s of such payment, together with a copy each of the duly stamped supporting documents/BSRD and its ST-2 (for short-term loans)/Form 2 (for medium- and long-term loans) report (Annexes E.1 and E.2, respectively) within the prescribed deadlines for said reports. b. The foreign exchange selling AAB/AAB-forex corp shall require the presentation by the borrower of documents prescribed under Item B, Appendix 1 hereof. c. The foreign exchange purchases shall comply with the daily limits as may be determined by the BSP, provided that the total foreign exchange purchases shall not in any case exceed the amount to be prepaid plus related interest and other fees/charges indicated in the BSRD/prepayment notice. xxx xxx xxx "Section 36. Registration with the BSP. The following inward foreign investments shall be registered with the BSP: AISHcD xxx xxx xxx All applications 8 for registration of foreign direct investments (Annex W) under Section 34 shall be filed with the BSP within one (1) year from the date of inward remittance/actual transfer of assets to the Philippines. A Bangko Sentral Registration Document (BSRD) shall be issued by the BSP evidencing registration of such investments. The following Appendices to and Annexes of the FX Manual have been added/revised: 1. Appendix 1: Minimum Documentary Requirements for the Sale of Foreign Exchange by Authorized Agent Banks (AABs)/AAB-Forex Corps for Non-Trade Purposes (Attachment 1) 2. Appendix 2: List of Regulated Import Commodities and Administering Agencies/Bureaus (Attachment 2) 3. Appendix 6.1: Guidelines for Reporting of Importations under D/A-O/A Arrangements (Attachment 3) 4. Appendix 10: Procedures and Documentary Requirements for the Registration of Inward Foreign Investments and Other Investments (Attachment 4) 5. Appendix 10.1: Certificate of Inward Remittance (CIR) Form (Attachment 5) 6. Appendix 18: Guidelines and Minimum Documentary Requirements for Foreign Exchange Forwards and Swaps. (Attachment 6) 7. Annex E.3: Loan Profile (Attachment 7) 8. Annex N: Computation Sheet (Attachment 8) 9. Annex W: Application for Registration of Inward Foreign Direct Investments (Attachment 9) Repealing Clause. This Circular supersedes/amends/modifies the provisions of existing circulars, memoranda and/or other regulations that are inconsistent herewith. Effectivity. This Circular shall take effect 15 calendar days after its publication either in the Official Gazette or in a newspaper of general circulation in the Philippines. FOR THE MONETARY BOARD: (SGD.) VICENTE S. AQUINO Officer-in-Charge ATTACHMENT 1 APPENDIX 1 (As clarified by Circular Letter No. CL-2010-009 dated 5 February 2010, and amended by Circular No. 698 dated 05 November 2010, Circular No. 742 dated 21 November 2011, Circular No. 794 dated 18 April 2013 Circular No. 815 dated 18 October 2013 and Circular No. 818 dated 06 November 2013) Minimum Documentary Requirements * for the Sale of Foreign Exchange (FX) by Authorized Agent Banks (AABs)/AAB-Forex Corps for Non-Trade Purposes ** A. Sale of FX for Non-trade Current Account Purposes 1 under Section 2 of the Manual of Regulations on FX Transactions (FX Manual) Purpose Documents Required (All originals except as indicated) 1. Foreign travel funds Applicant's passport and ticket 2. Educational expenses/student Photocopy of proof of enrolment with, or maintenance abroad billing statement from, school abroad 3. Correspondence studies Photocopy of proof of enrolment with, or billing statement from, school abroad 4. Medical expenses Photocopy of billing statement (for services rendered/expenses incurred abroad) or certification issued by doctor/hospital abroad indicating cost estimate for the treatment/service to be administered/rendered) 5. Emigrants' assets (including a. Photocopies of: inheritance, legacies, and income from properties) i. Emigrant's visa or proof of residence abroad; ii. Notarized Deed of Sale of assets in the Philippines ( e.g ., real estate, vehicles, machineries/equipment, etc.); and iii. Proof of income received from properties in the Philippines b. In the absence of the emigrant, a notarized Special Power of Attorney (SPA) for emigrant's representative/agent. If SPA was executed abroad, original of SPA authenticated by Philippine consulate abroad. 6. Salary/bonus/dividend/other benefits a. Employment contract/Certification of of foreign nationals (including peso employer showing amount of savings) compensation paid to the foreign national during the validity of the contract, stating whether same had been paid in FX or in pesos; if in FX, proof that the FX was previously sold for pesos to AABs; b. ACR I-Card and DOLE Alien Employment Permit of the foreign national; c. Applicant's notarized certification that the FX remitted is net of local expenses incurred and/or previous transfers abroad; and d. If amount to be remitted comes from sources other than salaries/compensation, information regarding the sources supported by appropriate documents should be submitted. 7. Foreign nationals' income taxes due a. ACR-I Card and DOLE Alien to foreign governments Employment Permit; and b. Photocopy of income tax return covering the income tax payment sought to be remitted. 8. Sales proceeds of foreign nationals' a. ACR I-Card; and domestic assets b. Photocopy of proof of sale of asset/s indicating currency of payment 9. Producers' share in movie a. Statement of remittable share rental or revenue/TV film rentals rental; and b. Photocopy of contract/agreement 10. Export commissions due to foreign a. Billing statement from non-resident agents agent; and b. Photocopy of contract/agreement 11. Freight charges on exports/imports a. Billing statement; and b. Photocopy of contract/agreement 12. Charters and leases of a. Billing statement from non-resident vessels/aircrafts lessor/owner of vessel/aircraft; and b. Photocopy of contract/agreement 13. Leases of equipment and other a. Billing statement from non-resident capital goods owned and/or leased lessor and/or owner of the equipment by non-resident entities to residents and other capital goods; b. Photocopy of contract/agreement; and c. Shipping documents 14. Port disbursements abroad for a. Billing statement; and aircraft and vessels of Philippine registry or chartered by domestic b. Photocopy of contract/agreement operators and salvage fees 15. Satellite and other a. Billing statement; and Telecommunication services b. Photocopy of contract/agreement 16. Other services provided by a. Billing statement; and non-residents (such as advertising, underwriting including brokers' fees b. Photocopy of contract/agreement for initial public offering involving Philippine shares, consultancy, For underwriting fees/commissions/related information technology, etc.) expenses: a. Copy of the international underwriting agreement or similar agreement/contract which shows the fees/commissions and related expenses and offer price; b. Detailed computation of the amount subject for remittance certified by the authorized officer of the issuer; and c. Proof of listing of the IPO shares in the PSE For Foreign Broker's Commission a. Certified true copy of the covering purchase invoice or sales invoice, as the case may be, reflecting the commission due the foreign broker/dealer client; and b. Detailed computation/allocation of the commission due the foreign broker/dealer client for each purchase transaction 17. Share in Head Office Expenses a. BSRD for the assigned capital in the (including reimbursements) branch; b. Audited schedule/s of allocation of expenses for the period/s covered; c. Certification from the Head Office that the share in Head Office expenses remains unpaid and outstanding; and d. Audited financial statements of the Philippine branch 18. Insurance/reinsurance premium Billings/invoices of insurance due to foreign insurance companies companies/brokers abroad 19. Claims against domestic insurance Billings/invoices from foreign companies by brokers abroad insurer/reinsurer 20. Net Peso revenues of foreign a. Statement of Net Peso Revenues (Peso airlines/shipping companies revenues less expenses) certified by authorized officer of airline/shipping company; and b. Photocopy of contract/agreement 21. Royalty/copyright/franchise/ a. Statement/computation of the patent/licensing fees royalty/copyright/ franchise/patent/licensing fee; and b. Photocopy of contract/agreement. 22. Net Peso Revenues of Statement of net peso revenues (Peso embassies/consulates of foreign revenues less expenses) certified by the countries Embassy's/Consulate's authorized officer 23. FX obligations of Philippine credit Summary billings card companies to international credit card companies/non-resident merchants 24. Refund of unused foreign grant a. Copy of the contract/agreement by/aid from non-residents funded covering the foreign grant/aid; by inward remittance of FX that was converted to Pesos through b. Request from grantor for the refund of AABs the unused amount of grant/aid; and c. Bank certification on: i. Inward remittance of the foreign grant/aid and its conversion to Philippine pesos; and ii. Balance of the PHP account from which the Philippine peso to be converted shall be debited 25. Refund of unused foreign loan a. Copy of the contract/agreement proceeds that were funded by covering the foreign loan; inward remittance of FX that was converted to Pesos through AABs b. Request from creditor for the refund of the unused foreign loan proceeds, and c. Bank certification on inward remittance of the FX loan proceeds and conversion to Philippine pesos 26. Settlement by Philippine Deposit Certification by PDIC on the amount of Insurance Corporation (PDIC) of deposit liabilities to be paid to resident and FCDU deposit claims 2 non-resident depositors B. Sale of FX for Servicing Foreign/Foreign Currency Loans including Prepayments by Private Sector covered by Sections 22 to 31 of the FX Manual Purpose Documents Required (All originals except as indicated) 3 Loan Payments 1. Medium/Long-term (MLT) foreign/foreign currency loans (with original maturities of over 1 year) a. Regular amortization/payment 1.a. BSP registration letter and accompanying Schedule RA-2 (Part I: Schedule of Payments on BSP-Registered Foreign/FCDU Loans and Part II Details of FX/Hedging Transactions for BSP-Registered Foreign/FCDU Loans); and 1.b. Copy of billing statement from creditor. Amounts that may be purchased shall be limited to maturing amounts on scheduled due dates indicated in the registration letter. Purchase and remittance of FX shall coincide with the due dates of the obligations to be serviced, unless otherwise explicitly allowed by the BSP. or: 2.a. BSP letter-authority for the borrower to purchase FX to service specific loan account/s and where applicable, the "Schedule of Foreign Exchange Purchases from the Banking System", and 2.b. Copy of billing statement from creditor. Amounts that may be purchased shall be limited to the unutilized balance of the letter authority. Remittance of FX purchased shall coincide with the due dates of the obligations to be serviced, unless otherwise explicitly allowed by the BSP. b. Prepayments of BSP-registered 1.a BSP registration letter and foreign/foreign currency loans of accompanying Schedule the private sector that are not RA-2 (Part I: Schedule of Payments on publicly-guaranteed BSP-Registered Foreign/FCDU Loans and Part II Details of FX/Hedging Transactions for BSP-Registered Foreign/FCDU Loans; and 1.b Original BSP letter acknowledging receipt of the borrower's notice of prepayment 2. Short-term foreign/foreign currency 1.a. BSP approval or registration letter loans (with original maturity of up to showing loan terms and borrower's 1 year) receiving copy of its report on short-term loans as submitted to BSP's a. Loans from offshore creditors International Operations Department (banks and non-banks) (IOD); and 1.b. Copy of billing statement from creditor. Amounts that may be purchased shall be limited to: (a) amounts/rates indicated in the BSP approval or registration letter; or (b) the outstanding balance of the loan indicated in the report, whichever is lower. Purchase and remittance of FX shall coincide with the due dates of the obligations to be serviced, unless otherwise explicitly allowed by the BSP. b. Loans from FCDUs/OBUs For loans requiring BSP approval/registration: 1.a. BSP approval or registration letter showing loan terms; 1.b. Certification from the lending bank on the amount outstanding; and 1.c. Copy of billing statement from creditor. Amounts that may be purchased shall be limited to: (a) amounts/rates indicated in the BSP approval or registration letter; or (b) the outstanding balance of the loan indicated in the bank certification, whichever is lower. Purchase and remittance of FX shall coincide with the due dates of the obligations to be serviced, unless otherwise explicitly allowed by the BSP. For loans not requiring BSP approval/individual registration 4 2.a. Promissory Note (PN) certified as true copy by the Head of the lending bank's Loans Department: 2.b. Certification from the lending bank: i. On the principal amount still outstanding; ii. That the loan is eligible for servicing with FX to be purchased from the AABs/AAB-forex corps in line with existing regulations; iii. That the loan was used to finance trade transactions (as well as pre- export costs in the case of FCDU loans to exporters) of the borrower; and iv. On the date when the loan account was reported to the appropriate BSP department/office under the prescribed forms. (This may be dispensed with for new loans which may not have been reported yet to BSP as of date of application to purchase FX.) 2.c. Copy of billing statement from creditor. Amounts that may be purchased shall be limited to amounts/rates indicated in the bank certification or PN, whichever is lower . Purchase and remittance of FX shall coincide with the due dates of the obligations to be serviced, unless otherwise explicitly allowed by the BSP. c. Prepayment of BSP-registered For loans requiring BSP approval/individual ST loans (including those registrations, the BSP registration letter covered by Sections 24.4 and 24.5 of the FX Manual) that For loans not requiring BSP are not publicly-guaranteed approval/individual registrations 5 1.a PN certified as true copy by the Head of the lending bank's Loans Department; and 1.b Certification from the lending bank: i. On the principal amount still outstanding; ii. That the loan is eligible for servicing with FX to be purchased from the AABs/AAB-forex corps in line with existing regulations; iii. That the loan was used to finance trade transactions of the borrower and/or pre-export peso costs (in the case of FCDU loans to exporters); and iv. On the date when the loan account was reported to the appropriate BSP department/office under the prescribed forms, if applicable. Payments related to Guarantees and Similar arrangements (including Risk Take Over arrangements) 1. Payments by resident guarantor a. For guarantees requiring BSP approval under the guarantee under Sections 30.1 and 30.3: (i) BSP approval of the foreign/foreign currency obligation; and (ii) creditor's call on the guarantee b. For guarantees not requiring BSP approval and registration under Section 30.2 (a): (i) copy of the required report stamped as received by the BSP; and (ii) creditor's call on the guarantee 2. Payments by the original resident a. BSP approval of the resulting obligor to the AAB/foreign guarantor foreign/foreign currency obligation; and arising from the call on the guarantee b. Billing statement from the AAB/foreign guarantor. 3. For FX liabilities arising from a. BSP approval of the resulting guarantees and similar arrangements foreign/foreign currency [including Risk Take Over obligation; Arrangements (RTO)] that do not involve foreign/FCDU loans b. Copies of: i. Agreements/contracts covered by the guarantee/similar arrangement; ii. Standby Letter of Credit (SLC) or guarantee contract/agreement for the guarantee; c. Proof/notice of original obligor's default and creditor's call on the guarantee; and d. Billing statement from the non-resident or local bank guarantor 4. Regular fees related to Build-Operate- a. BSP Registration Document Transfer (BOT) and similar financing schemes with transfer provisions b. Copy of the covering agreements/contracts c. Billing statement from the private sector project company/proponent C. Sale of FX for Servicing of Foreign Investments, Investments by Residents, and Related Transactions covered by Sections 32 to 44 of the FX Manual Purpose Documents Required (All originals except as indicated) 6 Foreign Investments 1. Capital Repatriation for: a. Portfolio Investments in: i. PSE-listed securities BSRD or BSRD Letter-Advice from the issued by both residents registering custodian bank and any of and non-residents 7 the following: a. Photocopy of the original broker's invoice; or b. Electronically-generated copy of the broker's invoice; or c. Systems-generated copy of the broker's invoice Documents under items a to c shall contain the settlement amount, number of shares, investment identity, and settlement date for the transactions covered. ii. Peso-Government BSRD or BSRD Letter-Advice from the Securities registering custodian bank and photocopy of Confirmation of Purchase for Peso Government Securities iii. 90-day time deposits BSRD or BSRD Letter-Advice from the registering custodian bank and photocopy of Matured Certificate of Deposits for 90-day time deposits iv. Other peso-denominated BSRD and photocopy of matured debt securities issued security, or proof of sale, onshore by or equivalent document covering private resident firms the debt securities b. Foreign Direct Equity a. BSRD; Investments b. Photocopy of Proof of Sale or relevant documents showing the amount to be repatriated; in case of dissolution/capital reduction, proof of distribution of funds/assets such as statement of net assets in liquidation; c. Photocopy of Clearance from appropriate department of the BSP- Supervision and Examination Sector (for banks), or from the Insurance Commission (for insurance companies), from the Department of Energy or from the National Power Corporation (for oil/ gas/geothermal energy exploration companies); d. Detailed computation of the amount applied for in the attached format (Annex N) prepared by the selling stockholder's representative; e. Photocopy of pertinent audited financial statements; and f. SEC clearance in case of dissolution, if applicable. 2. Remittance of Dividends/Profits/ a. BSRD or BSRD Letter-Advice; Earnings/Interests b. Photocopy of PSE-cash dividends notice and Phil. Central Depository (PCD) printout of cash dividend payment or computation of interest earned issued by MMI issuer or bank; c. Photocopy of secretary's sworn statement on the Board Resolution covering the dividend declaration; d. Photocopy of latest audited financial statements or interim financial statements of the investee firm covering the dividend declaration period (for direct foreign equity investments); e. For direct foreign equity investments, photocopy of clearance pertaining to the investee firm from BSP-Supervision and Examination Sector (for non-PSE listed banks), Insurance Commission (for insurance companies), Department of Energy or from the National Power Corporation (for oil/ gas/geothermal energy exploration companies); and f. Detailed computation of the amount applied for using the prescribed format (Annex N). 3. Outward remittance in equivalent FX a. Certified true copy of certificate of of: (a) excess pesos funded with inward remittance of foreign exchange inward remittance of foreign exchange and conversion to pesos; computed as follows: peso proceeds of foreign exchange inwardly remitted b. Original BSRD showing utilization not less the peso amount actually used for less than 50 percent of total peso BSP-registered investment/s; plus proceeds, net of charges, if any. In (b) interest earned on the excess case of investments registered by pesos, if any custodian banks, an original bank certification indicating details of the registered investment may substitute for the BSRD; c. Swift message/letter request from non- resident investor for return of excess funds; d. For remittance of interest earned from the peso cash account, certification from the depository/custodian bank on the amount of interest pertaining to the excess peso funds for outward remittance. 4. Investments by Philippine residents a. A certification by the resident investor under Section 44 of the FX Manual on the cumulative FX purchases from AABs and AAB-forex corps within the a. Outward investments by calendar year for all investments under residents in: Section 44 of the FX Manual; i. Debt and equity b. Original BSP letter-approval for the securities issued purchase of FX from AABs and offshore by non- AAB-forex corps for all investments residents, including under Section 44 of the FX Manual, in depository receipts excess of the USD60 million limit; ii. Offshore foreign c. Photocopy of clearance from the currency-denominated Insurance Commission (IC) for Mutual Funds investments of insurance companies; and Unit Investment Trust Funds (UITFs) d. Photocopy of swift payment order instruction from the iii. Foreign currency- counterparty/broker/trader denominated indicating the name of payee and intercompany loans to type/kind of investment authenticated offshore parent by the broker/trader (for instruments companies/subsidiaries purchased offshore); or proof of of residents with purchase of the debt securities by the an original tenor of at resident client, namely: copy of the deal least one (1) year ticket, bank's confirmation of sale, client's letter of instructions indicating iv. Investments in real intent to purchase the securities and property abroad, other details of the transaction (for including condominium instruments held for sale/trading by units banks); and b. Other investments by residents: e. Photocopy of any of the following as i. Bonds/notes of the applicable: (i) investment proposal or Republic of the agreement/subscription agreement/Deed Philippines or other of Sale or Assignment of the Philippine resident Investments/bond or stock entities issued offshore, offering/signed loan agreement or including equivalent signed document, with an peso-denominated original tenor of at least one (1) bonds/notes requiring year/Contract to Sell covering a sale of settlement in real property abroad; or photocopy of foreign currency investor's order/letter to broker/trader/bank to purchase ii. Instruments held for instruments (such as investments in debt sale/trading by banks and equity securities, as well as operating in the depository receipts, Mutual Funds and Philippines, namely: UITFs) (i) bond/notes under item (a) hereof; and (ii) debt securities issued by non-residents and payable in foreign currency iii. Equity securities issued by residents and listed abroad ATTACHMENT 2 APPENDIX 2 (As amended by Circular No. 794 dated 18 April 2013 and Circular No. 818 dated 06 November 2013) List of Regulated Import Commodities and Administering Agencies/Bureaus 1 Government Agencies/ Issuing Permits/ Commodity Description/Commodity Group/ Clearance/Legal Basis 2 Tariff Heading (TH) Bangko Sentral ng Pilipinas (BSP) Section 4 (Cross-Border Legal tender Philippine notes and coins, checks, money order Transfer of Local and and other bills of exchange drawn in pesos against banks Foreign Currencies), operating in the Philippines in an amount exceeding Circular No. 645 dated PHP10,000.00 13 February 2009, as amended Bank Notes, Coin of precious metal other than gold and of non-precious metal not being legal tender, Coin blank essentially of gold, Coin blank essentially of steel, Coin blank essentially of copper, Coin blank essentially of nickel, Coin blank essentially of zinc, Coin blank essentially of tin, and Coin blank essentially of aluminum/TH 4907, 7118, 7108, 7326, 7419, 7508, 7907, 8007, 7616 Bureau of Animal a. Live animals, including birds, worms, bees, and Industry (BAI) butterflies; b. Animal products and by-products (meat and edible meat offals, fat, milk whey, cream, butter, cheese, egg, birds nest or other food or foodstuff derived from an animal; or any part of the viscera of an animal, hide, skin, hair, wool, feathers, shell, horn or hoof; or any article or substance derived from dung, urine, feces, bone, or blood of an animal; or any secretion of an animal or any product or biological preparation made or derived from an animal such as semen, embryos, whether or not in combination with any article or substance; or any article or substance or thing that is declared by order to be an animal product); c. Chocolate and other food preparations containing milk; d. Pasta, whether or not cooked or stuffed (dairy or cheese products, meat and meat products, eggs, or any other products with animal origin) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni, couscous, whether or not prepared; tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or in similar forms; prepared foods obtained by the swelling or roasting of cereals or cereal products (e.g., corn flakes), cereals [other than maize (corn)], in grain form or in the form of flakes or other worked grains (except flour, groats and meal) pre-cooked or other preparations, not elsewhere specified or included; bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing milk, cheese, meat and meat products, eggs, etc.; communion wafers, empty caches of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products; e. Feeds and mixtures or combinations of feed ingredients, supplements and additives, in any form, by specific formula, to be fed directly as a sole ration to animals which is capable of furnishing the nutritional needs or requirements of the animal in order to maintain life, promote growth, production and reproduction without any additional substance, except water; f. All articles, in any form, that are added or mixed into the composition or which are used as raw materials in the formulation of a feed or ration, base feed, base mix, concentrate, feed supplement, feed additive, specialty feed and/or special feed preparation purporting to supply additional nutrients such as but not limited to proteins, carbohydrates, fats, minerals, vitamins, growth promoting factors and/or correcting nutritional disorders; and g. Veterinary biological products such as microorganisms and their components or products, DNA and RNA, antigens, antisera, bacterins, veterinary drugs, pathogens, immunoglobulins and analogous products of natural or of synthetic origin, including genetically modified organisms, diagnostic kits and reagents, serums, toxins and antitoxins intended for use in the diagnosis, prevention and treatment of animal diseases and for research purposes. Bureau of Fisheries and Aquatic Resources (BFAR) Republic Act (R.A.) Fishery products of whatever size, stage or form for any No. 8550 (The purpose Philippine Fisheries Code of 1998) dated 25 February 1998 Fisheries Live fish and fishery products, aquatic microorganisms and Administrative Order biomolecules (FAO) No. 135 dated 23 December 1981 and FAO No. 221 dated 6 March 2003 FAO No. 195 dated Fresh/chilled/frozen and fishery/aquatic products 20 September 1999, as amended FAO Nos. 225 and Broodstock of Pacific White Shrimp, Penaeus vannamei and 225-1 both dated the culture of the offspring thereof 8 January 2007 and FAO Nos. 225-2 and 225-3 both dated 20 November 2008 FAO No. 230 dated Broodstock and post-larvae of Specific Pathogen Free/Specific 3 December 2009 Pathogen Resistant (SPF/SPR) Black Tiger Shrimp, Penaeus monodon and the culture of the offspring thereof Bureau of Plant a. Living plants Industry (BPI) b. Nursery stocks, including vegetative parts thereof used as propagating materials c. Seeds and nuts for planting d. Fresh fruits, vegetables and other plant products which have been declared as prohibited/restricted import under special quarantine orders because of being known host of dangerous plant pest or originating from restricted areas e. Pure culture of fungi, bacteria, virus nematodes and other phytapathogenic materials f. Mushroom cultures, including spawn g. Algae cultures, rhizobial cultures as legume inoculants h. Soil and plant materials for isolation or organism i. Other plant cultures j. Wood packaging materials and other packaging materials capable of harboring plant pests k. Frozen/chilled fruits and vegetables, including diced vegetables and processed fruits l. Grains and cereals m. Other plant products Bureau of Product List of Products under Mandatory Certification, which shall Standards (BPS) bear the Philippine Standard (PS) or Import Commodity Clearance (ICC) mark: Household appliances a. Electric fans b. Flat irons c. Kitchen Machines (Blenders) d. Microwave ovens e. Refrigerators f. Rice cookers, Airports and Coffee Makers g. Audio and Video Products (TV and DC/VCD/DVD Players) h. Toasters, Electric Stoves and Hot Plates i. Washing Machines j. Air Conditioners (EER) Lamps and Lighting products a. Pre-heat/Magnetic Ballasts b. Electronic Ballasts c. CFL/Self Ballasted Lamps d. Christmas Lights/Lighting Chains e. Fluorescent Lamps (Double-capped) f. Fluorescent Lamps (Single-capped) g. Fuse Holders h. Incandescent Lamps/Bulbs i. Lamp holders (Edison Screw) j. Lamp and Starter Holders k. Lamp Starters/Glow Starters Wiring Devices, Wires and Cables a. Circuit Breakers b. Fuses c. Plugs, socket-outlets and extension cords d. PVC Electrical Tapes e. Snap Switches f. Knife Switches g. PVC Flexible Cords h. Wires and Cables Mechanical/Building and Construction Materials a. Black Iron (BI) and Galvanized Iron (GI) steel pipes b. Portland Cement c. Pozzolan Cement d. Ceramic Tiles e. Deformed Steel Bars f. Equal-leg Angle Bars g. Flat Glass h. Polybutylene (PB) Pipes i. Polyethylene (PE) pipes for potable water supply j. Unplasticized Polyvinyl Chloride (uPVC) pipes for potable water supply k. uPVC rigid Electrical Conduit l. PVC-U Pipes for drain waste and vent m. Plywood n. Rerolled Steel Bars o. Sanitary Wares p. Steel Sheets for Roofing q. Low-Carbon steel wires r. Wire Nails Chemical and Consumer Products a. Brake Fluids b. Portable Fire Extinguisher c. Fireworks d. Helmets and their visors e. Inner tubes for pneumatic tires f. Lead-Acid storage batteries g. Lighters h. LPG Cylinders (household) i. Auto LPG/CNG retrofit systems j. Matches k. Medical grade oxygen l. Monobloc chairs/stools m. Safety belts (seat belts) n. Safety glass for automotive application o. Pneumatic tires Civil Aviation Authority Aircrafts, engines, propellers, appliances and components of the Philippines pursuant to CAAP Memorandum Circular No. 18-12, Series of (CAAP) 2012 Department of Energy- Energy Resource Development Bureau (ERDB)-R.A. No. 7638 Section 104 of Coal, anthracite, whether or not pulverised, but not Presidential Decree agglomerated/HS 2701.11.00, HS 2701.12.10, HS 2701.12.90, (P.D.) No. 1464 (The HS 2701.19.00 Tariff and Customs Code of 1978) dated 11 June 1978 Department of Environment and Natural Resources- Environmental Management Bureau (EMB) DENR Administrative Recyclable materials containing hazardous substances Order (DAO) (i.e., scrap metals, solid plastic materials, electronic 1994-28 assemblies, used oil, fly ash and used lead acid batteries) DAO 1997-28 Spent oil such as waste oil or oil residue DAO 97-38 Mercury and Mercury Compounds DAO 97-39 Cyanide and Cyanide Compounds DAO 2000-02 Asbestos DAO 2004-01 Polychlorinated Biphenyls DAO 2004-08 Carbon Tetrachloride, Chlorofluorocarbons, Halons, Trichloroethane Memorandum Alternatives to ozone depleting substances [tetrafluoroethante Circular (HFC-134a), methylene chloride or dichloromethane, No. 2005-03 heptafluoropropane (HFC-227ea), hexafluoropropane (HFC-236fa), trifluoromethane (HFC-23), tetrafluoromethane, hydrofluorocarbons (HFCs) blends] DAO 2005-27 and Chemicals under the Philippine Revised Priority Chemical DAO 2007-23 List (PCL) which are subject to PCL Compliance Certificate: Antimony pentachloride; Arsenic compounds; Benzene; Beryllium compounds; Cadmium compounds; Chlorinated ethers; 1,4-Chlorobenzene; Chloroform; Chloropicrin; Chromium compounds; 1,2-Dibromoethane; 0-Dichlorobenzene; 1,4-Dichlorobenzene; 1,2-Dichloroethane; Diethyl sulfate; Ethylene dibromide; Ethylene oxide; Glutaraldehyde; Formaldehyde; Hexachlorobenzene; Hexachloroethane; Hydrazine; 3-Hydroxyphenol; Lead compounds; Mercaptobenzathiazole (MBT); Mercaptan, perchloromethyl; Methyl chloride; Methylenechloride; Mirex; Pentachlorophenol; Perchloroethylene; Phenic acid; Phosgene; Phthalic anhydride; Polybrominated Biphenyls; Trichloroethylene; Selenium; Tributyltin; and Vinyl chloride TH 2805.4, 2903, 2523, 2503 Others: a. Used transformer (with free PCB equal or less than 2 ppm and manufactured in 1985 or onwards); and b. Used computers, parts and accessories. Department of Environment and Natural Resources- Forest Management Bureau (FMB) R.A. No. 9175 (Chain Chainsaw Saw Act of 2002 dated 7 November 2002)/DAO 2003-24 DAO 99-46 Wood products Department of Foreign Affairs (DFA) R.A. No. 7157 Importation of used motor cars by Philippine foreign service (Philippine Foreign personnel returning to the Philippines Service Act of 1991, Section 81) Executive Order Importation of used motor vehicles for the use of Foreign (E.O.) No. 156 Missions or Diplomatic Corps personnel accredited to the (Article 2, Section Philippines 3.1.2) dated 12 December 2002 Importation of motor vehicles by international organizations, UN Agencies and their qualified personnel Department of Health (DOH)-Food and Drug Administration R.A. No. 3720 (Food, All health products (food/food supplements, drugs, cosmetics, Drug and Cosmetic household hazardous substances/urban pesticides, medical Act) dated 22 June devices and diagnostic reagents) and its raw materials 1963, E.O. No. 175 amending R.A. No. 3720 (dated 22 May 1987 and R.A. No. 9711 (Food and Drug Administration Act of 2009) dated 18 August 2009 E.O. No. 776 dated Semi-synthetic antibiotics (all form and salts of ampicillin, and 24 February 1992 cloxacillin) and BFAD Circular No. 03-A s. 2000 R.A. No. 8172 (An Iodized Salt/TH 2501 Act for Salt Iodization Nationwide-ASIN Law) dated 20 December 1995 R.A. No. 8976 Wheat Flour/TH 1101 (Philippine Fortification Act of 2000) dated 7 November 2000 Department of Health a. Selected medical devices -Food and Drug Administration-Center b. Toys for Device Regulation, Radiation Health, and c. Water purification/treatment/filtration systems/devices Research d. Medical waste treatment devices Department of Trade and Industry-Bureau of Import Services E.O. No. 156 Used motor vehicle under the no-dollar import program that is (Providing for a owned and for personal use by a returning resident or Comprehensive immigrant with a gross vehicle weight (GVW) not exceeding Industry Policy and 3,000 kilograms (kgs) and must be left-hand drive Directions for the Motor Vehicle Used trucks excluding pick-up trucks with GVW of 2.5-6 tons/ Development AHTN 8704.1012 Program and Its Used buses with GVW of 6-12 tons/AHTN 8702 Implementing Rules) dated 12 December Brand new/used automotive replacement parts and brand new 2002 motorcycle replacement parts E.O. No 156 and Used trucks parts and components for rebuilding purposes Department such as truck chassis, engine, body and cabin/cowl, Administrative transmission/drivelines, axles (front and rear) or steering Order (DAO) No. 08 system/AHTN 8708 s. 2003 Letter of Used tires Instructions (LOI) No. 1086 dated 25 November 1980, as amended E.O. No. 443 Used motor vehicle importation through donation by local S. 2005 dated government units 5 July 2005 LOI No. 1307 Importation by all instrumentalities of the government S. 1983 Fertilizer and Pesticide Authority (FPA) Presidential Decree All fertilizers, pesticides and other chemical products that are (P.D.) No. 1144 intended for agricultural use (Creating the Fertilizer and Pesticide Authority and Abolishing the Fertilizer Industry Authority) dated 30 May 1977; and Implementing Rules and Regulations (IRR) S. 1977 Maritime Industry Authority (MARINA) Memorandum All types of ships which are not wooden-hulled, including Circular (MC) fishing vessels/boats/TH 8901 No. 104 dated 6 April 1995 MC No. 121 dated High Speed Craft (HSC) [exclusively for the importation of 29 July 1997 HSC below 5 years old]/TH 8901.9 R.A. No. 9295 Importation of ships, i.e., passenger and/or cargo, tanker and (Domestic Shipping HSC of maximum age 15, 10 and 5 years old, respectively, Development Act of including engine and spare parts 2004) dated 3 May 2004 MARINA Circular All tankers, tanker-barges and ships carrying oil in bulk No. 2010-01 dated (exclusively for the importation of tankers below 15 years 14 December 2010 old) National Bureau of Color Reproduction Machines with 2,400 dots per inch (dpi) Investigation (NBI) and or higher (excluding printers)/TH 9009 Cash Department of the BSP National a. Radio transmitters/transceivers Telecommunications Commission (NTC) b. Customer premises equipment equipment for connection to public telecommunication networks Optical Media Board Optical and magnetic media products, its manufacturing (OMB) equipment, parts and accessories, and manufacturing materials for the mastering, manufacture or replication of optical media Philippine Amusement a. Electronic Gaming Machines and Gaming Corporation (PAGCOR) i. Assembly Parts, Peripherals and Accessories ii. Printer iii. Speakers with Controllers and Software iv. Signage and Accessories v. Uninterrupted Power Supply (UPS) b. Slot Machine Tokens c. Playing Cards d. Gaming Chips and Plaques e. Electronic Card Dispensers f. Multi-deck Continuous Shufflers g. Electronic Sic Bo Tables h. Electronic Dice Shakers i. Roulette Chipper Machines j. Progressive Jackpot Systems k. Security Locks and Safety Equipment l. Transmitter/Receivers and Hubs: Power Systems, Line Cards and Cables m. Intelligent System Controllers and Hardware n. Gaming Tables and Layouts o. Game Conversion Kits p. Casino Management Systems i. Hardware ii. Software iii. Consumables q. Peripheral Gaming Equipment i. Auxiliary Table Game Systems ii. Non-Electronic Card Shoes iii. Electronic Card Shoes iv. Dice v. Money Wheels vi. Pai Gow Tiles vii. Roulette Wheels viii. Card Shufflers r. Non-Gaming Paraphernalia, including: i. Card Reader ii. Card Checker s. Electronic Bingo Machines i. Assembly Parts, Peripherals and Accessories t. Electronic Quickshot Bingo Units u. Electronic Daubers/Handsets v. Bingo Cards/Tickets/Daubers Philippine Drug Enforcement Agency (PDEA) and Dangerous Drugs Board (DDB) R.A. No. 9165 (The Dangerous Drugs among others, [Ketamine, Ephedrine, Comprehensive Pseudoephedrine, Toluene Based Contact Cement without at Dangerous Drugs Act least five (5) percent mustard oil, Oripavine, Ameneptine, of 2002) dated N-Benzylpiperazine (BZP), Nalbuphine Hydrochloride; 7 June 2002 and Control Precursors and Essential Chemicals among others (Thionyl Chloride)]; Chemical mixtures containing Table II of the 1988 UN Convention Philippine International Trading Corporation (PITC) LOI No. 444 All commodities originating from the following socialist and (Promulgating centrally-planned economy countries (Albania, Angola, Guidelines on Trade Ethiopia, Laos, Libya, Mongolia, Mozambique, Myanmar, Socialist and Other Nicaragua and North Korea) Centrally-Planned Economy Countries) dated 9 August 1967, as amended by EO No. 244 dated 12 May 1995 Philippine National Police (PNP)-Firearms and Explosives Office (FEO) E.O. No. 522 Aluminum nitrate, ammo cerium (IV) nitrate, barium nitrate, (Prescribing Rules bioquant nitrate, bismuth III nitrate, bismuth sub-nitrate, and Regulations for calcium-ammo nitrate, cerium nitrate, cerium III nitrate, the Control and lithium nitrate, lanthum nitrate, cesium nitrate, magnesium Supervision of the nitrate, Chilean nitrate, manganese (II) nitrate, chromium Importation, Sale nitrate, manganese nitrate, cobalt II nitrate, naphazoline and Possession of nitrate, cobalt nitrate, nickel II nitrate, copper nitrate, nickel Chemical Used as nitrate, cupric nitrate, palladuium nitrate, iron III nitrate, Ingredients in the lead II nitrate, iron nitrate, PETN, ferric nitrate, phynel Manufacture of mercury nitrate, ferrous nitrate, pilocarpime nitrate, gallium Explosives and for nitrate, sodium nitrate, guandinum nitrate, silver nitrate, Other Purposes) glycerol trinitrate, soda potassium nitrate, iron nitrate, dated 26 June 1992 strontium nitrate, iron (III) nitrate, thallium I nitrate, thalium nitrate, barium chlorate, TNT, calcium chlorate, yttrium III nitrate, magnesium perchlorate, zinc nitrate, potassium perchlorate, ammonium nitrate, sodium chlorate, cadmium nitrate, sodium perchlorate, calcium nitrate, ammonium chlorate, chromium nitrate, potassium chlorate, lead nitrate, mercuric nitrate, mercury II nitrate, mercury nitrate, potassium, sodium nitrate, uranyl nitrate, nitric acid, ammo perchlorate P.D. No. 1866 dated Explosives, high explosives, blasting agent, detonating cord, 29 June 1983 as igniter cord, delay detonators, safety fuse, detonators, amended by R.A. emulsion, fuse lighter, igniter cord connectors, dynamite, low No. 8294 dated explosives, deflagration, slurry/watergel, primer, ammonium 6 June 1997 nitrate, potassium nitrate, sodium nitrate, nitric acid (HNO3), (Codifying the Laws potassium chlorate, barium nitrate, sodium chlorate (NaCIO3, on Illegal/Unlawful CAS 7775-09-9), calcium nitrate Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunition or Explosives or Instruments Used in the Manufacture of Firearms, Ammunition or Explosives, and Imposing Stiffer Penalties for Certain Violations thereof and for Relevant Purposes) R.A. No. 9516 (An Chemical and accessories refer to chlorates, nitrates, nitric Act Further acid and such other chemicals and accessories that can be used Amending the for the manufacture of explosives and explosive ingredients. Provisions of P.D. No. 1866, as Amended, Entitled Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunition or Explosives or Instruments Used in the Manufacture of Firearms, Ammunition or Explosives, and Imposing Stiffer Penalties for Certain Violations thereof and for Other Relevant Purposes) dated 22 December 2008 Other Regulated Commodities: a. Mineral or chemical fertilizers, nitrogenous; b. Mineral or chemical fertilizers containing two or three of the fertilizing elements nitrogen, phosphorous and potassium; other fertilizers; goods of Chapter 31 of the AHTN in tablets or similar forms or in packages of a gross weight not exceeding 10 kg.; c. Propellant powder; prepared explosives other than propellant powder; safety fuses; detonating fuses; percussion or detonating caps; igniters; electronic detonators; fireworks, signaling flares, rain rockets, fog signals and other pyrotechnic articles; matches other than pyrotechnic articles; d. Toy gun replica; e. Firearms and ammunition; f. Firearm parts and accessories; g. Ammunition reloading components; h. Bullet proof vest/vestment; i. Bomb suit and blanket; j. Airsoft rifle/pistol; k. Rifle scopes; l. Air munition; m. Mortar fuzes and smoke grenade; and n. Crowd control equipment Philippine Nuclear Research Institute (PNRI) R.A. No. 5207 Nuclear and radioactive materials/TH 2844 (Atomic Energy Regulatory Act of 1968) (An Act Providing for the Licensing and Regulation of Atomic Energy Facilities and Materials, Establishing the Rules on Liability for Nuclear Damage, and for Other Purposes) dated 15 June 1968, as amended by P.D. No. 1484 dated 11 June 1978 Administrative Nuclear-related dual-use equipment, materials, software, and Order No. 2 S. 2009 related technology: (Authorization for Transfers of Nuclear- 1. Industrial Equipment Related Dual-Use Equipment, A. Equipment, Assemblies and Components Materials, Software and Related 1. High-density (lead glass or other) radiation Technology) shielding windows, having all of the following characteristics, and specially designed frames therefor: a. A 'cold area' greater than 0.09 m2; b. A density greater than 3 g/cm3; and c. A thickness of 100 mm or greater. 2. Radiation-hardered TV cameras, or lenses therefor, specially designed or rated as radiation hardened to withstand a total radiation dose greater than 5 x 104 Gy (silicon) without operational degradation. 3. 'Robots', 'end-effectors' and control units as follows: a. 'Robots' or 'end-effectors' having either of the following characteristics: 1. Specially designed to comply with national safety standards applicable to handling high explosives (for example, meeting electrical code ratings for high explosives); or 2. Specially designed or rated as radiation hardened to withstand a total radiation dose greater than 5 x 104 Gy (silicon) without operational degradation; b. Control units specially designed for any of the 'robots' or 'end-effectors' specified in Item 2.'End-effectors'. 4. Remote manipulators that can be used to provide remote actions in radiochemical separation operations or hot cells, having either of the following characteristics: a. A capability of penetrating 0.6 m or more of hot cell wall (through-the- wall operation); or b. A capability of bridging over the top of a hot cell wall with a thickness of 0.6 m or more (over-the-wall operation). B. Test and Production Equipment 1. Flow-forming machines, spin-forming machines capable of flow-forming functions, and mandrels, as follows: a. Machines having both of the following characteristics: 1. Three or more rollers (active or guiding); and 2. Which, according to the manufacturer's technical specification, can be equipped with "numerical control" units or a computer control; b. Rotor-forming mandrels designed to form cylindrical rotors of inside diameter between 75 and 400 mm. 2. Machine tools, as follows, and any combination thereof, for removing or cutting metals, ceramics, or composites, which, according to the manufacturer's technical specifications, can be equipped with electronic devices for simultaneous contouring control in two or more axes: a. Machine tools for turning, that have positioning accuracies with all compensations available better (less) than 6 m according to ISO 230/2 (1988) along any linear axis (overall positioning) for machines capable of machining diameters greater than 35 mm; b. Machine tools for milling, having any of the following characteristics: 1. Positioning accuracies with all compensations available better (less) than 6 m according to ISO 230/2 (1988) along any linear axis (overall positioning); 2. Two or more contouring rotary axes; or 3. Five or more axes, which can be coordinated simultaneously for contouring control. c. Machine tools for grinding, having any of the following characteristics: 1. Positioning accuracies with all compensations available better (less) than 4 m according to ISO 230/2 (1988) along any linear axis (overall positioning); 2. Two or more contouring rotary axes; or 3. Five or more axes, which can be coordinated simultaneously for contouring control. d. Non-wire type Electrical Discharge Machines (EDM) that have two or more contouring rotary axes and that can be coordinated simultaneously for contouring control". 3. Dimensional inspection machines, instruments, or systems, as follows: a. Computer controlled or numerically controlled dimensional inspection machines having both of the following characteristics: 1. Two or more axes; and 2. A one-dimensional length measurement uncertainty equal to or better (less) than (1.25 + L/1000) m tested with a probe of an "accuracy" of better (less) than 0.2 m (L is the measured length in millimeters) (Ref: VDI/VDE 2617 parts 1 and 2); b. Linear displacement measuring instruments, as follows: 1. Non-contact type measuring systems with a "resolution" equal to or better (less) than 0.2 m within a measuring range up to 0.2 mm; 2. Linear variable differential transformer (LVDT) systems having both of the following characteristics: a) Linearity equal to or better (less) than 0.1% within a measuring range up to 5 mm; and b) Drift equal to or better (less) than 0.1% per day at a standard ambient test room temperature 1 K; 3. Measuring systems having both of the following characteristics: a) Contain a laser; and b) Maintain for at least 12 hours, over a temperature range of 1 K around a standard temperature and a standard pressure: 1) A "resolution" over their full scale of 0.1 m or better; and 2) With a measurement uncertainty equal to or better (less) than (0.2 + L/2000) m (L is the measured length in millimeters); c. Angular displacement measuring instruments having an "angular position deviation" equal to or better (less) than 0.00025; d. Systems for simultaneous linear- angular inspection of hemishells, having both of the following characteristics: 1. ''Measurement uncertainty" along any linear axis equal to or better (less) than 3.5 m per 5 mm; and 2. Angular position deviation equal to or less than 0.02. 4. Controlled atmosphere (vacuum or inert gas) induction furnaces, and power supplies therefore, as follows: a. Furnaces having all of the following characteristics: 1. Capable of operation at temperatures above 1123 K (850 C); 2. Induction coils 600 mm or less in diameter; and 3. Designed for power inputs of 5 kW or more; b. Power supplies, with a specified output power of 5 kW or more, specially designed for furnaces specified in Item 1.B.4.a. 5. 'Isostatic presses', and related equipment, as follows: a. 'Isostatic presses' having both of the following characteristics: 1. Capable of achieving a maximum working pressure of 69 MPa or greater; and 2. A chamber cavity with an inside diameter in excess of 152 mm; b. Dies, molds, and controls specially designed for the 'isostatic presses' specified in Item 1.B.5.a. 6. Vibration test systems, equipment, and components as follows: a. Electrodynamic vibration test systems, having all of the following characteristics: 1. Employing feedback or closed loop control techniques and incorporating a digital control unit; 2. Capable of vibrating at 10 g RMS or more between 20 and 2000 Hz; and 3. Capable of imparting forces of 50 kN or greater measured 'bare table'; b. Digital control units, combined with software specially designed for vibration testing, with a real-time bandwidth greater than 5 kHz and being designed for a system specified in Item 1.B.6.a.; c. Vibration thrusters (shaker units), with or without associated amplifiers, capable of imparting a force of 50 kN or greater measured 'bare table', which are usable for the systems specified in Item 1.B.6.a.; d. Test piece support structures and electronic units designed to combine multiple shaker units into a complete shaker system capable of providing an effective combined force of 50 kN or greater, measured 'bare table', which are usable for the systems specified in Item 1.B.6.a. 7. Vacuum or other controlled atmosphere metallurgical melting and casting furnaces and related equipment, as follows: a. Arc remelt and casting furnaces having both of the following characteristics: 1. Consumable electrode capacities between 1000 and 20000 cm3; and 2. Capable of operating with melting temperatures above 1973 K (1700 C); b. Electron beam melting furnaces and plasma atomization and melting furnaces, having both of the following characteristics: 1. A power of 50 kW or greater; and 2. Capable of operating with melting temperatures above 1473 K (1200 C); c. Computer control and monitoring systems specially configured for any of the furnaces specified in Item 1.B.7.a. or 1.B.7.b. C. Materials None D. Software 1. Software specially designed for the "use" of equipment specified in Item 1.A.3., 1.B.1., 1.B.3., 1.B.5., 1.B.6.a., 1.B.6.b., 1.B.6.d. or 1.B.7. 2. Software specially designed or modified for the "development", "production", or use of equipment specified in Item 1.B.2. 3. Software for any combination of electronic devices or system enabling such device(s) to function as a "numerical control" unit capable of controlling five or more interpolating axes that can be coordinated simultaneously for "contouring control". E. Technology 1. Technology according to the Technology Controls for the "development", production or "use" of equipment, material or "software" specified in 1.A. through 1.D. 2. Materials A. Equipment, Assemblies and Components 1. Crucibles made of materials resistant to liquid actinide metals, as follows: a. Crucibles having both of the following characteristics: 1. A volume of between 150 cm3 (150 ml) and 8000 cm3 (8 liters); and 2. Made of or coated with any of the following materials, having a purity of 98% or greater by weight: a) Calcium fluoride (CaF2); b) Calcium zirconate (metazirconate) (CaZrO3); c) Cerium sulfide (Ce2S3); d) Erbium oxide (erbia) (Er2O3); e) Hafnium oxide (hafnia) (HfO2); f) Magnesium oxide (MgO); g) Nitrided niobium- titanium-tungsten alloy (approximately 50% Nb, 30% Ti, 20% W); h) Yttrium oxide (yttria) (Y2O3); or i) Zirconium oxide (zirconia) (ZrO2); b. Crucibles having both of the following characteristics: 1. A volume of between 50 cm3 (50 ml) and 2000 cm3 (2 liters); and 2. Made of or lined with tantalum, having a purity of 99.9% or greater by weight; c. Crucibles having all of the following characteristics: 1. A volume of between 50 cm3 (50 ml) and 2000 cm3 (2 liters); 2. Made of or lined with tantalum, having a purity of 98% or greater by weight; and 3. Coated with tantalum carbide, nitride, boride, or any combination thereof. 2. Platinized catalysts specially designed or prepared for promoting the hydrogen isotope exchange reaction between hydrogen and water for the recovery of tritium from heavy water or for the production of heavy water. 3. Composite structures in the form of tubes having both of the following characteristics: a. An inside diameter of between 75 and 400 mm; and b. Made with any of the "fibrous or filamentary materials" specified in Item 2.C.7.a. or carbon prepreg materials specified in Item 2.C.7.c. B. Test and Production Equipment 1. Tritium facilities or plants, and equipment therefore, as follows: a. Facilities or plants for the production, recovery, extraction, concentration or handling of tritium; b. Equipment for tritium facilities or plants, as follows: 1. Hydrogen or helium refrigeration units capable of cooling to 23 K (-250 oC) or less, with heat removal capacity greater than 150 W; 2. Hydrogen isotope storage or purification systems using metal hydrides as the storage or purification medium. 2. Lithium isotope separation facilities or plants, and equipment therefor, as follows: a. Facilities or plants for the separation of lithium isotopes; b. Equipment for the separation of lithium isotopes, as follows: 1. Packed liquid-liquid exchange columns specially designed for lithium amalgams; 2. Mercury or lithium amalgam pumps; 3. Lithium amalgam electrolysis cells; 4. Evaporators for concentrated lithium hydroxide solution. C. Materials 1. Aluminium alloys having both of the following characteristics: a. Capable of an ultimate tensile strength of 460 MPa or more at 293 K (20 oC); and b. In the form of tubes or cylindrical solid forms (including forgings) with an outside diameter of more than 75 mm. 2. Beryllium metal, alloys containing more than 50% beryllium by weight, beryllium compounds, manufactures thereof, and waste or scrap of any of the foregoing. 3. Bismuth having both of the following characteristics: a. A purity of 99.99% or greater by weight; and b. Containing less than 10 parts per million by weight of silver. 4. Boron enriched in the boron-10 (10B) isotope to greater than its natural isotopic abundance, as follows: elemental boron, compounds, mixtures containing boron, manufactures thereof, waste or scrap of any of the foregoing. 5. Calcium having both of the following characteristics: a. Containing less than 1000 parts per million by weight of metallic impurities other than magnesium; and b. Containing less than 10 parts per million by weight of boron. 6. Chlorine trifluoride (CIF3) 7. Fibrous or filamentary materials, and prepregs, as follows: a. Carbon or aramid "fibrous or filamentary materials" having either of the following characteristics: 1. A 'specific modulus' of 12.7 x 106 m or greater; or 2. A 'specific tensile strength' of 23.5 x 104 m or greater; b. Glass "fibrous or filamentary materials" having both of the following characteristics: 1. A 'specific modulus' of 3.18 x 106 m or greater; and 2. A 'specific tensile strength' of 7.62 x 104 m or greater; c. Thermoset resin impregnated continuous "yarns", "rovings", "tows" or "tapes" with a width of 15 mm or less (prepregs), made from carbon or glass "fibrous or filamentary materials" specified in Item 2.C.7.a. or Item 2.C.7.b. 8. Hafnium metal, alloys containing more than 60% hafnium by weight, hafnium compounds containing more than 60% hafnium by weight, manufactures thereof, and waste or scrap of any of the foregoing. 9. Lithium enriched in the lithium-6 (6Li) isotope to greater than its natural isotopic abundance and products or devices containing enriched lithium, as follows: elemental lithium, alloys, compounds, mixtures containing lithium, manufactures thereof, waste or scrap of any of the foregoing. 10. Magnesium having both of the following characteristics: a. Containing less than 200 parts per million by weight of metallic impurities other than calcium; and b. Containing less than 10 parts per million by weight of boron. 11. Maraging steel 'capable of ' an ultimate tensile strength of 2050 MPa or more at 293 K (20 C). 12. Radium-226 (226Ra), radium-226 alloys, radium-226 compounds, mixtures containing radium-226, manufactures thereof, and products or devices containing any of the foregoing. 13. Titanium alloys having both of the following characteristics: a. 'Capable of ' an ultimate tensile strength of 900 MPa or more at 293 K (20 C); and b. In the form of tubes or cylindrical solid forms (including forgings) with an outside diameter of more than 75 mm. 14. Tungsten, tungsten carbide, and alloys containing more than 90% tungsten by weight, having both of the following characteristics: a. In forms with a hollow cylindrical symmetry (including cylinder segments) with an inside diameter between 100 and 300 mm; and b. A mass greater than 20 kg. 15. Zirconium with a hafnium content of less than 1 part hafnium to 500 parts zirconium by weight, as follows: metal, alloys containing more than 50% zirconium by weight, compounds, manufactures thereof, waste or scrap of any of the foregoing. 16. Nickel powder and porous nickel metal, as follows: a. Nickel powder having both of the following characteristics: 1. A nickel purity content of 99.0% or greater by weight; and 2. A mean particle size of less than 10 m measured by the ASTM B 330 standard; b. Porous nickel metal produced from materials specified in Item 2.C.16.a. 17. Tritium, tritium compounds, mixtures containing tritium in which the ratio of tritium to hydrogen atoms exceeds 1 part in 1000, and products or devices containing any of the foregoing. 18. Helium-3 (3He), mixtures containing helium-3, and products or devices containing any of the foregoing. 19. Alpha-emitting radionuclides having an alpha half-life of 10 days or greater but less than 200 years, in the following forms: a. Elemental; b. Compounds having a total alpha activity of 37 GBq per kg or greater; c. Mixtures having a total alpha activity of 37 GBq per kg or greater; and d. Products or devices containing any of the foregoing. D. Software None E. Technology 1. Technology according to the Technology Controls for the "development", production or "use" of equipment, material or "software" specified in 2.A. through 2.D. 3. Uranium Isotope Separation Equipment and Components A. Equipment, Assemblies and Components 1. Frequency changers or generators having all of the following characteristics: a. Multiphase output capable of providing a power of 40 W or greater; b. Capable of operating in the frequency range between 600 and 2000 Hz; c. Total harmonic distortion better (less) than 10%; and d. Frequency control better (less) than 0.1%. 2. Lasers, laser amplifiers and oscillators as follows: a. Copper vapor lasers having both of the following characteristics: 1. Operating at wavelengths between 500 and 600 nm; and 2. An average output power equal to or greater than 40 W; b. Argon ion lasers having both of the following characteristics: 1. Operating at wavelengths between 400 and 515 nm; and 2. An average output power greater than 40 W; c. Neodymium-doped (other than glass) lasers with an output wavelength between 1000 and 1100 nm having either of the following: 1. Pulse-excited and Q-switched with a pulse duration equal to or greater than 1 ns, and having either of the following: a) A single-transverse mode output with an average output power greater than 40 W; or b) A multiple-transverse mode output with an average output power greater than 50 W; or 2. Incorporating frequency doubling to give an output wavelength between 500 and 550 nm with an average output power of greater than 40 W; d. Tunable pulsed single-mode dye laser oscillators having all of the following characteristics: 1. Operating at wavelengths between 300 and 800 nm; 2. An average output power greater than 1 W; 3. A repetition rate greater than 1 kHz; and 4. Pulse width less than 100 ns; e. Tunable pulsed dye laser amplifiers and oscillators having all of the following characteristics: 1. Operating at wavelengths between 300 and 800 nm; 2. An average output power greater than 30 W; 3. A repetition rate greater than 1 kHz; and 4. Pulse width less than 100 ns; f. Alexandrite lasers having all of the following characteristics: 1. Operating at wavelengths between 720 and 800 nm; 2. A bandwidth of 0.005 or less; 3. A repetition rate greater than 125 Hz; and 4. An average output power greaser than 30 W; g. Pulsed carbon dioxide lasers having all of the following characteristics: 1. Operating at wavelengths between 9000 and 11000 nm; 2. A repetition rate greater than 250 Hz; 3. An average output power greater than 500 W; and 4. Pulse width of less than 200 ns; h. Pulsed excimer lasers (XeF, XeCl, KrF) having all of the following characteristics: 1. Operating at wavelengths between 240 and 360 nm; 2. A repetition rate greater than 250 Hz; and 3. An average output power greater than 500 W; i. Para-hydrogen Raman shifters designed to operate at 16m output wavelength and at a repetition rate greater than 250 Hz. 3. Valves having all of the following characteristics: a. A nominal size of 5 mm or greater; b. Having a bellows seal; and c. Wholly made of or lined with aluminium, aluminium alloy, nickel, or nickel alloy containing more than 60% nickel by weight. 4. Superconducting solenoidal electromagnets having all of the following characteristics: a. Capable of creating magnetic fields greater than 2 T; b. A ratio of length to inner diameter greater than 2; c. Inner diameter greater than 300 mm; and d. Magnetic field uniform to better than 1% over the central 50% of the inner volume. 5. High-power direct current power supplies having both of the following characteristics: a. Capable of continuously producing, over a time period of 8 hours, 100 V or greater with current output of 500 A or greater; and b. Current or voltage stability better than 0.1% over a time period of 8 hours. 6. High-voltage direct current power supplies having both of the following characteristics: a. Capable of continuously producing, over a time period of 8 hours, 20 kV or greater with current output of 1 A or greater; and b. Current or voltage stability better than 0.1% over a time period of 8 hours. 7. Pressure transducers capable of measuring absolute pressures at any point in the range 0 to 13 kPa and having both of the following characteristics: a. Pressure sensing elements made of or protected by aluminium, aluminium alloy, nickel, or nickel alloy with more than 60% nickel by weight; and b. Having either of the following characteristics: 1. A full scale of less than 13 kPa and an "accuracy" of better than + 1% of full scale; or 2. A full scale of 13 kPa or greater and an "accuracy" of better than + 130 Pa. 8. Vacuum pumps having all of the following characteristics: a. Input throat size equal to or greater than 380 mm; b. Pumping speed equal to or greater than 15 m3/s; and c. Capable of producing an ultimate vacuum better than 13.3 mPa. B. Test and Production Equipment 1. Electrolytic cells for fluorine production with an output capacity greater than 250 g of fluorine per hour. 2. Rotor fabrication or assembly equipment, rotor straightening equipment, bellows- forming mandrels and dies, as follows: a. Rotor assembly equipment for assembly of gas centrifuge rotor tube sections, baffles, and end caps; b. Rotor straightening equipment for alignment of gas centrifuge rotor tube sections to a common axis; c. Bellows-forming mandrels and dies for producing single-convolution bellows. 3. Centrifugal multiplane balancing machines, fixed or portable, horizontal or vertical, as follows: a. Centrifugal balancing machines designed for balancing flexible rotors having a length of 600 mm or more and having all of the following characteristics: 1. Swing or journal diameter greater than 75 mm; 2. Mass capability of from 0.9 to 23 kg; and 3. Capable of balancing speed of revolution greater than 5000 rpm; b. Centrifugal balancing machines designed for balancing hollow cylindrical rotor components and having all of the following characteristics: 1. Journal diameter greater than 75 mm; 2. Mass capability of from 0.9 to 23 kg; 3. Capable of balancing to a residual imbalance equal to or less than 0.010 kg x mm/kg per plane; and 4. Belt drive type. 4. Filament winding machines and related equipment, as follows: a. Filament winding machines having all of the following characteristics: 1. Having motions for positioning, wrapping, and winding fibers coordinated and programmed in two or more axes; 2. Specially designed to fabricate composite structures or laminates from "fibrous or filamentary materials"; and 3. Capable of winding cylindrical rotors of diameter between 75 and 400 mm and lengths of 600 mm or greater; b. Coordinating and programming controls for the filament winding machines specified in Item 3.B.4.a.; c. Precision mandrels for the filament winding machines specified in Item 3.B.4.a. 5. Electromagnetic isotope separators designed for, or equipped with, single or multiple ion sources capable of providing a total ion beam current of 50 mA or greater. 6. Mass spectrometers capable of measuring ions of 230 atomic mass units or greater and having a resolution of better than 2 parts in 230 as follows, and ion sources therefor: a. Inductively coupled plasma mass spectrometers (ICP/MS); b. Glow discharge mass spectrometers (GDMS); c. Thermal ionization mass spectrometers (TIMS); d. Electron bombardment mass spectrometers which have a source chamber constructed from, lined with or plated with materials resistant to UF6; e. Molecular beam mass spectrometers having either of the following characteristics: 1. A source chamber constructed from, lined with or plated with stainless steel or molybdenum, and equipped with a cold trap capable of cooling to 193 K (-80 _C) or less; or 2. A source chamber constructed from, lined with or plated with materials resistant to UF6; f. Mass spectrometers equipped with a microfluorination ion source designed for actinides or actinide fluorides. C. Materials None D. Software 1. Software specially designed for the "use" of equipment specified in Item 3.B.3. or 3.B.4. E. Technology 1. Technology according to the Technology Controls for the "development", production or "use" of equipment, material or "software" specified in 3.A. through 3.D. 4. Heavy Water Production Plant Related Equipment A. Equipment, Assemblies and Components 1. Specialized packings which may be used in separating heavy water from ordinary water, having both of the following characteristics: a. Made of phosphor bronze mesh chemically treated to improve wettability; and b. Designed to be used in vacuum distillation towers. 2. Pumps capable of circulating solutions of concentrated or dilute potassium amide catalyst in liquid mmonia (KNH2/NH3), having all of the following characteristics: a. Airtight (i.e., hermetically sealed); b. A capacity greater than 8.5 m3/h; and c. Either of the following characteristics: 1. For concentrated potassium amide solutions (1% or greater), an operating pressure of 1.5 to 60 MPa; or 2. For dilute potassium amide solutions (less than 1%), an operating pressure of 20 to 60 MPa. 3. Turboexpanders or turboexpander- compressor sets having both of the following characteristics: a. Designed for operation with an outlet temperature of 35 K (-238 oC) or less; and b. Designed for a throughput of hydrogen gas of 1000 kg/h or greater. B. Test and Production Equipment 1. Water-hydrogen sulfide exchange tray columns and internal contactors, as follows: a. Water-hydrogen sulfide exchange tray columns, having all of the following characteristics: 1. Can operate at pressures of 2 MPa or greater; 2. Constructed of carbon steel having an austenitic ASTM (or equivalent standard) grain size number of 5 or greater; and 3. With a diameter of 1.8 m or greater; b. Internal contactors for the water- hydrogen sulfide exchange tray columns specified in Item 4.B.1.a. 2. Hydrogen-cryogenic distillation columns having all of the following characteristics: a. Designed for operation at internal temperatures of 35 K (-238 oC) or less; b. Designed for operation at internal pressures of 0.5 to 5 MPa; c. Constructed of either: 1. Stainless steel of the 300 series with low sulfur content and with an austenitic ASTM (or equivalent standard) grain size number of 5 or greater; or 2. Equivalent materials which are both cryogenic and H2-compatible; and d. With internal diameters of 1 m or greater and effective lengths of 5 m or greater. 3. Ammonia synthesis converters or synthesis units, in which the synthesis gas (nitrogen and hydrogen) is withdrawn from an ammonia/hydrogen high-pressure exchange column and the synthesized ammonia is returned to said column. C. Materials None D. Software None E. Technology 1. Technology according to the Technology Controls for the "development", production or "use" of equipment, material or "software" specified in 4.A. through 4.D. 5. Test and Measurement Equipment for the Development of Nuclear Explosive Devices A. Equipment, Assemblies and Components 1. Photomultiplier tubes having both of the following characteristics: a. Photocathode area of greater than 20 cm2; and b. Anode pulse rise time of less than 1 ns. B. Test and Production Equipment 1. Flash X-ray generators or pulsed electron accelerators having either of the following sets of characteristics: a.1. An accelerator peak electron energy of 500 keV or greater but less than 25 MeV; and 2. With a figure of merit (K) of 0.25 or greater; or b.1. An accelerator peak electron energy of 25 MeV or greater; and 2. A peak power greater than 50 MW. 2. Multistage light gas guns or other high-velocity gun systems (coil, electromagnetic, and electrothermal types, and other advanced systems) capable of accelerating projectiles to 2 km/s or greater. 3. Mechanical rotating mirror cameras, as follows, and specially designed components therefore: a. Framing cameras with recording rates greater than 225000 frames per second; b. Streak cameras with writing speeds greater than 0.5 mm/s. 4. Electronic streak cameras, electronic framing cameras, tubes and devices, as follows: a. Electronic streak cameras capable of 50 ns or less time resolution; b. Streak tubes for cameras specified in Item 5.B.4.a.; c. Electronic (or electronically shuttered) framing cameras capable of 50 ns or less frame exposure time; d. Framing tubes and solid-state imaging devices for use with cameras specified in Item 5.B.4.c., as follows: 1. Proximity focused image intensifier tubes having the photocathode deposited on a transparent conductive coating to decrease photocathode sheet resistance; 2. Gate silicon intensifier target (SIT) vidicon tubes, where a fast system allows gating the photoelectrons from the photocathode before they impinge on the SIT plate; 3. Kerr or Pockels cell electro-optical shuttering; 4. Other framing tubes and solid-state imaging devices having a fast image gating time of less than 50 ns specially designed for cameras specified in Item 5.B.4.c. 5. Specialized instrumentation for hydrodynamic experiments, as follows: a. Velocity interferometers for measuring velocities exceeding 1 km/s during time intervals of less than 10 s; b. Manganin gauges for pressures greater than 10 GPa; c. Quartz pressure transducers for pressures greater than 10 GPa. 6. High-speed pulse generators having both of the following characteristics: a. Output voltage greater than 6 V into a resistive load of less than 55 ohms; and b. 'Pulse transition time' less than 500 ps. C. Materials None D. Software None E. Technology 1. Technology according to the Technology Controls for the "development", production or "use" of equipment, material or "software" specified in 5.A. through 5.D. 6. Components for Nuclear Explosive Devices A. Equipment, Assemblies and Components 1. Detonators and multipoint initiation systems, as follows: a. Electrically driven explosive detonators, as follows: 1. Exploding bridge (EB); 2. Exploding bridge wire (EBW); 3. Slapper; 4. Exploding foil initiators (EFI); b. Arrangements using single or multiple detonators designed to nearly simultaneously initiate an explosive surface over an area greater than 5000 mm2 from a single firing signal with an initiation timing spread over the surface of less than 2.5 s. 2. Firing sets and equivalent high-current pulse generators, as follows: a. Explosive detonator firing sets designed to drive multiple controlled detonators specified by Item 6.A.1. above; b. Modular electrical pulse generators (pulsers) having all of the following characteristics: 1. Designed for portable, mobile, or ruggedized-use; 2. Enclosed in a dust-tight enclosure; 3. Capable of delivering their energy in less than 15 s. 4. Having an output greater than 100 A; 5. Having a 'rise time' of less than 10 s into loads of less than 40 ohms; 6. No dimension greater than 25.4 cm; 7. Weight less than 25 kg; and 8. Specified to operate over an extended temperature range of 223 to 373 K (-50 oC to 100 oC) or specified as suitable for aerospace applications. 3. Switching devices as follows: a. Cold-cathode tubes, whether gas filled or not, operating similarly to a spark gap, having all of the following characteristics: 1. Containing three or more electrodes; 2. Anode peak voltage rating of 2.5 kV or more; 3. Anode peak current rating of 100 A or more; and 4. Anode delay time of 10 s or less; b. Triggered spark-gaps having both of the following characteristics: 1. Anode delay time of 15 s or less; and 2. Rated for a peak current of 500 A or more; c. Modules or assemblies with a fast switching function having all of the following characteristics: 1. Anode peak voltage rating greater than 2 kV; 2. Anode peak current rating of 500 A or more; and 3. Turn-on time of 1 s or less. 4. Pulse discharge capacitors having either of the following sets of characteristics: a.1. Voltage rating greater than 1.4 kV; 2. Energy storage greater than 10 J; 3. Capacitance greater than 0.5 F; and 4. Series inductance less than 50 nH; or b.1. Voltage rating greater than 750 V; 2. Capacitance greater than 0.25 F; and 3. Series inductance less than 10 nH. 5. Neutron generator systems, including tubes, having both of the following characteristics: a. Designed for operation without an external vacuum system; and b. Utilizing electrostatic acceleration to induce a tritium-deuterium nuclear reaction. B. Test and Production Equipment None C. Materials 1. High explosive substances or mixtures, containing more than 2% by weight of any of the following: a. Cyclotetramethylenetetranitramine (HMX) (CAS 2691-41-0); b. Cyclotrimethylenetrinitramine (RDX) (CAS 121-82-4); c. Triaminotrinitrobenzene (TATB) (CAS 3058-38-6); d. Hexanitrostilbene (HNS) (CAS 20062-22-0); or e. Any explosive with a crystal density greater than 1.8 g/cm3 and having a detonation velocity greater than 8000 m/s. D. Software None E. Technology 1. Technology according to the Technology Controls for the "development", production or "use" of equipment, material or "software" specified in 6.A. through 6.D. Sugar Regulatory Administration (SRA) Code Description HS 17.01 Cane or beet sugar and chemically pure sucrose, in solid farm AHTN 2106.90.51 Preparations of a kind used as raw material for the manufacture of composite concentrates AHTN 2106.90.52 Composite concentrates for simple dilution with water to make beverages AHTN 2106.90.59 Other a. Alcoholic preparations of a kind used for the manufacture of beverages b. Preparation of a kind used as raw material for the manufacture of composite concentrates AHTN 2106.90.70 Food Supplements AHTN 2106.90.91 Fortificant premixes AHTN 2106.90.99 C Sweetening preparations consisting of artificial sweeteners and foodstuffs AHTN 2106.90.99 D Other Clearances of other entities are also issued upon arrival of import commodities in the Philippines such as: 1. The Bureau of Internal Revenue (BIR) issues import clearance, particularly Authority to Release Imported Goods (ATRIG), for commodities which are either exempted from value-added tax or subject to excise tax upon arrival of the goods in the Philippines. The BIR issues ATRIG upon arrival of the following goods in the Philippines prior to release from the Bureau of Customs' (BOC) custody: IEHSDA a. Salts; b. Perfumes and toilet water; c. Finished fertilizers mostly in packages of a gross weight of more than 10 kgs.; and d. Oil for aircraft engines. 2. The Philippine Chamber of Commerce and Industry (PCCI) provides technical expertise to the BOC in identifying monitored commodities and other related information in order for appropriate duties and taxes to be levied. The PCCI issues clearances under the PCCI-Industry Commodity Experts (PCCI-ICE) program; technical experts designated by participating industry associations verify and evaluate the authenticity of the documents provided by the importer. After review by the industry commodity experts, any discrepancies in valuation are submitted together with appropriate recommendations to BOC authorities for their corresponding action. Inquiries may be directed to the entities concerned. ATTACHMENT 3 APPENDIX 6.1 (As amended by Circular No. 751 dated 16 March 2012 and Circular No. 818 dated 06 November 2013) Guidelines for Reporting of Importations under D/A-O/A Arrangements 1. Upon receipt of importer-clients' original shipping documents under documents against acceptance (D/A) and open account (O/A), Authorized Agent Banks (AABs) and offshore banking units (OBUs) shall report the availment under Schedule 10 (Import Letters of Credit (L/Cs) Opened and D/A-O/A Import Availments and Extensions) and the payment under Schedule 11 (Import Payments) of FX Form 1 (Consolidated Report on Foreign Exchange Assets and Liabilities), as amended. 2. Within five (5) banking days after the end of the reference week, the hard copy of the following shall be submitted to the BSP-International Operations Department (IOD): a. Schedule 10 of FX Form 1 for DA/OA imports; and b. Schedule 11 for partial payment of D/A-O/A imports, identifying the payments with an asterisk and indicating the amount in original currency (and USD equivalent thereof as footnote). AABs shall keep the documents supporting the importations and make these available upon request by the BSP. 3. Each D/A-O/A importation shall be assigned a unique Bank Reference Number (BRN) by the reporting AAB/OBU which shall include the bank code. Such BRN should also be used by the remitting AAB/OBU when reporting payment for the importation. 4. If the currency of payment is not USD, the USD equivalent to be reported under Schedule 10 shall be computed at the exchange rate quoted in the daily BSP Treasury Department Reference Exchange Rate Bulletin issued on report date. 5. Extensions of maturity date shall be reported under Schedule 10. 6. In case of an O/A importation where the foreign exchange selling/remitting AAB/OBU is not the reporting institution, the selling/remitting institution shall require, prior to sale of foreign exchange, the submission by the importer of the following: (1) documents required under Item II.a of Appendix 4; and (2) duly signed certification from the reporting AAB/OBU as to the remaining unpaid balance of the importation and that the importation has been duly reported to the BSP, indicating the pertinent BRN. cSIADa 7. The AAB/OBU reporting the D/A-O/A availment shall verify with/obtain from the BSP-IOD the code of a new importer for purposes of reporting under FX Form 1 and its Schedules. 8. The penalty provisions under Section 106 of the Manual shall apply to AABs that sell foreign exchange for servicing D/A-O/A importations that were not previously reported to the BSP under the prescribed Schedule 10 of FX Form 1 or were reported later than ten (10) calendar days before due date without payment of required BSP processing fee. ATTACHMENT 4 APPENDIX 10 (As clarified by Circular Letter No. CL-2010-009 dated 5 February 2010, and as amended by Circular No. 742 dated 21 November 2011, Circular No. 794 dated 18 April 2013, Circular No. 815 dated 18 October 2013 and Circular No. 818 dated 06 November 2013) Procedures and Documentary Requirements for the Registration of Inward Foreign Investments and Other Investments A foreign investment is considered BSP-registered upon issuance of a Bangko Sentral Registration Document (BSRD) by the Bangko Sentral ng Pilipinas (BSP) or a designated custodian bank. A. For registration with the BSP Foreign direct investments and investments in other peso-denominated debt instruments, under Section 34 and Section 35.4, respectively, of the "Manual" shall be registered directly with the BSP. 1. Foreign Direct Investments 1 The following are the procedures for registration and the requisite supporting documents: a. For Cash Investment The application shall be filed directly with BSP together with the following supporting documents: i. Certificate of inward remittance (CIR) of foreign exchange through an AAB in the prescribed format (Sample CIR and Guide/Instructions for Filling-Out CIR Form hereto attached as Appendix 10.1 and Appendix 10.2, respectively) Note: Conversion to pesos of the foreign exchange funding the investment is not required for registration of foreign direct investment; and ii. Sworn certification of the officer of the investee firm concerned attesting to the number of shares and amount paid for the investment [Suggested format attached as Appendix 10.3A (for Stock Corporations) and Appendix 10.3B (for Branches/Representative Offices/Regional Headquarters/Regional Operating Headquarters)]; and iii. For investee firms that are corporations/partnerships: Photocopy of the Certificate of Registration with the Philippine Securities and Exchange Commission (SEC), Articles of Incorporation/Partnership and amendments thereto (if any), together with latest General Information Sheet stamped received by SEC, if any. EAIaHD For investee firms that are sole proprietorships: Photocopy of Registration certification from DTI. b. For Investment in Kind Application for registration shall be filed directly with BSP together with the following supporting documents: i. Shipping documents; ii. Bureau of Customs Import Entry and Internal Revenue Declaration (IEIRD); and iii. Sworn certification of the officer of the investee firm concerned attesting to the number of shares and amount paid for the investment [Suggested format attached as Appendix 10.3A (for Stock Corporations) and Appendix 10.3B (for Branches/Representative Offices/Regional Headquarters/Regional Operating Headquarters)]. The value of investments in kind shall be assessed and appraised by the BSP before their registration. c. For investment in financial institutions which are governed and regulated by the BSP: Clearance from the Supervision and Examination Sector of the BSP shall be required in addition to the documentary requirements for investments in cash or in kind. d. Investment in Condominium Units i. Copy of duly accomplished original CIR of foreign exchange; ii. Condominium Certificate of Title in the name of the foreign investor, or copy of the Deed of Absolute Sale/Contract to Sell the condominium unit to the foreign investor; and iii. Certification from the owner/developer/administrator/property manager of the condominium attesting to compliance with the foreign ownership limitation under existing Philippine laws. e. Registration as foreign investments of capitalized oil, gas, geothermal energy exploration/development expenditures. The application for registration shall be filed directly with the BSP together with the following supporting documents: i. Government-approved service contract/other contract; and ii. Copy of the Department of Energy (DOE)/National Power Corporation (NPC) letter-validation of expenditures showing, among others, the distribution of validated expenditures among the partners under the service contract/other contract. f. Investments funded by foreign loan/s and other payables converted into equity i. Original CIR of foreign exchange through an AAB in the prescribed format (Appendix 10.1) for foreign loans not registered with the BSP; or ii. Copy of BSP registration for foreign loans registered with the BSP; TASCDI iii. Sworn certification from investee firm's authorized officer attesting to the number of shares and amount paid for the investment remittable outward and that such are funded from foreign loans/payables converted to equity; iv. Deed of Assignment of foreign loan or other payables; v. Latest audited financial statements of investee firm; and vi. Articles of Incorporation of the investee firm. g. Stock and/or property dividends accruing on BSP-registered investments in non-PSE-listed firms i. Copy of BSRD; and ii. Sworn certification signed by the investee firm's authorized officer on the declaration of the stock and/or property dividend, to include relevant excerpts of the covering: (i) Stockholders' and Board Resolutions for stock dividends; and (ii) Board Resolution for property dividends. h. Stock splits/reverse stock splits on BSP-registered investments in non-PSE-listed firms i. Copy of BSRD; and ii. Sworn certification signed by the investee firm's authorized officer declaring the stock split/reverse stock split, to include relevant excerpts of the covering Stockholders' and Board Resolutions. 2. Investments in Other Peso-denominated Debt Instruments Investments in other peso-denominated debt instruments issued onshore by private resident firms (such as bonds/notes, bills payables, non-participating preferred shares, and not covered by Section 23 of the Manual, shall be registered directly with the BSP supported by the following documents: a. Original CIR of foreign exchange and its conversion to pesos through an AAB in the prescribed form (Appendix 10.1); and b. Contract/Certificate of investment. For bonds/notes issued by private domestic firms that were purchased from local banks, the following additional documents shall be required: a. Copies of bonds/notes; and b. Purchase Price Letter/Agreement. For foreign investments in non-participating preferred shares, the following additional document/s shall be required: Purchase invoice, or subscription agreement and/or proof of listing in the local stock exchange for new/additional issues/stock rights 3. Investment in bonds/notes converted into equity shares in PSE-listed companies a. Original CIR of foreign exchange issued by an AAB in the prescribed format (Appendix 10.1) for proceeds of foreign loans not registered with the BSP; or Copy of BSP registration for foreign loans registered with the BSP; b. Bond/Note Offering Circular for bonds/notes not registered with the BSP; aHSAIT c. Sworn certification from investee firm's authorized officer attesting to the number of shares issued and amount paid for the investment and that such are funded from foreign loans/payables converted to equity; d. Notice of Bond Conversion from the Agent showing the amount of bonds converted, equivalent number of shares, conversion price and conversion date; e. Latest audited financial statements of investee firm; and f. Articles of Incorporation of the investee firm and latest General Information Sheet submitted to SEC. 4. Reinvestment of peso divestment/sales proceeds or dividends/profits/earnings of duly registered investments (The following documentation requirements are in lieu of the CIR and in addition to the required documentation for the specific form/type of reinvestment) For divestment/sales proceeds a. Original BSRD; b. Sworn certification signed by the original investee firm's authorized officer attesting to the divestment/sale by the foreign investor; and c. Proof of divestment/sale for direct investment/s; or d. Matured contract/certificate of investment/proof of redemption for money market instruments For dividends/profits/earnings a. Copy of BSRD; and b. Sworn certification signed by the investee firm's authorized officer declaring the dividends or distribution of profits, to include relevant excerpts of the covering Board Resolution; or c. Proof of interest/coupon payments for investment/s in money market instruments 5. BSP-registered investments sold/transferred to another foreign investor if payment is made offshore in foreign exchange a. Original BSRD; b. Sworn certification from the authorized officer of the investee firm, attesting to the transfer/assignment of the investments from the selling foreign investor to the buyer, in the books of the investee firm; and c. Deed of Sale/Assignment. Replacement of Lost BSRDs a. Letter request from the foreign investor or his duly authorized representative; b. Affidavit of Loss from the foreign investor or his duly authorized representative attesting to the following: i. Loss of the original BSRD; ii. Reason for the loss; iii. Affirmation that they have exercised diligent search for the document/s declared lost; cDCSET iv. That the investment is still intact and existing to date; v. The outstanding balance of the investment, net of repatriation, if any; vi. The registration number/s and date/s registered; vii. The number of shares registered under each registration and percentage of the foreign investment to the total shares subscribed and paid up, as applicable. c. Letter authority from the foreign investor for the replacement of the lost BSRD if the request and affidavit of loss are accomplished and signed by the duly authorized representative. B. For Registration with Custodian Banks Custodian banks designated by the foreign investors shall register, in behalf of the BSP, the following: 1. Non-resident investments in peso-denominated government securities, PSE-listed securities of Philippine residents, and peso time deposits with tenor of at least 90 days (Items 1, 2, and 3 under Section 35 of the Manual); and 2. Non-resident investments in PSE-listed equity securities issued by non-residents. The duplicate copy of the BSRD issued by custodian banks, together with the requisite supporting documents enumerated in this Appendix, shall be submitted to the BSP-IOD within two (2) banking days from date of registration for post audit purposes. The original BSRD shall remain in the custody of the issuing custodian bank. I. Rules on issuance of BSRDs by custodian banks The following rules shall govern the registration of investments with custodian banks: 1. A BSRD shall be issued by a custodian bank to a non-resident for all his investments in peso-denominated government securities, PSE-listed securities of residents, and peso time deposits. A separate BSRD (with the suffix "NR" in the registration number) shall be issued by a custodian bank to a non-resident exclusively for all his investments in PSE-listed equity securities issued by non-residents. Registered investments shall be reported by the custodian bank to the BSP-IOD within two (2) banking days from transaction date under the prescribed report form/s. 2. All changes in composition of investments shall be reflected in the same BSRD. 3. For registration purposes, the following shall be annotated on the appropriate BSRD: a. Additional investments funded by inward remittances of FX as well as those involving upliftment/transfer to PSE of shares issued by non-residents and previously listed in an international exchange; and b. Changes in the composition of registered investments that do not involve inward remittance of foreign exchange, such as stock dividends, stock splits, or reverse stock splits. The above shall be reported to the BSP-IOD by the custodian bank within two (2) banking days from transaction date under the prescribed report form. EHASaD II. Documentary Requirements for Registration of Investments : 1. Investments in peso-denominated government securities (GS) a. Accredited dealer's Confirmation of Sale (COS); b. Original CIR of foreign exchange and its conversion to pesos through an AAB in the prescribed format (Appendix 10.1); and c. "Authority to Disclose Information" in the prescribed format (Appendix 10.4). 2. Investments in PSE-listed securities of residents The application for registration shall be supported by the following documents: a. For new/additional investments: i. Purchase invoice, or subscription agreement and/or proof of listing in the local stock exchange for new/additional issues/stock rights; and ii. Original CIR of foreign exchange and its conversion to pesos through an AAB in the prescribed format (Appendix 10.1). iii. For annotation the BSRD of stock dividends which accrued to registered investments: PSE Notice (Circular for Brokers) announcing the stock dividend declaration b. For annotation on the BSRD of stock splits/reverse stock splits: PSE Notice (Circular for Brokers) announcing the stock split/reverse stock split 3. Investments in peso time deposits with tenor of at least 90 days a. Certification of peso time deposit; b. Original CIR of foreign exchange and its conversion to pesos through an AAB in the prescribed format (Appendix 10.1); and c. "Authority to Disclose Information" in the prescribed format (Appendix 10.4). 4. Non-resident investments in equities issued by non-residents previously listed in an international exchange and subsequently uplifted/transferred to PSE a. Proof of transfer of shares [ e.g. , certificate of lodgement with the Philippine Depository and Trust Corp. (PDTC)] with details, including the following: number of shares transferred and par value of securities; b. For annotation on the BSRD of stock dividends which accrued to registered investments: PSE Notice (Circular for Brokers) announcing the stock dividends c. For annotation on the BSRD of stock splits/reverse stock splits: PSE Notice (Circular for Brokers) announcing the stock split/reverse stock split 5. Non-resident investments in PSE-listed equity securities issued by non-residents a. Original CIR of foreign exchange showing conversion to pesos through an AAB in the prescribed form (Appendix 10.1); and DICcTa b. Purchase invoice or Subscription agreement and/or proof of listing at the PSE for new/additional issues/stock rights. c. For annotation on the BSRD of stock dividends which accrued to registered investments: PSE Notice (Circular for Brokers) announcing the stock dividends d. For annotation on the BSRD of stock splits/reverse stock splits: PSE Notice (Circular for Brokers) announcing the stock split/reverse stock split 6. Reinvestment of peso divestment/sales proceeds or dividends/profits/earnings of duly registered investments For divestment/sales proceeds: a. Original BSRD-Letter Advice; and b. Proof of redemption of GS; or Broker's sales invoice; or Matured certificate of peso time deposit, as applicable For dividends/profits/earnings: a. Original BSRD-Letter Advice; and b. PSE Notice (Circular for Brokers) announcing the issuance of cash dividend for PSE-listed securities; or proof of interest/coupon payments for investment/s in GS and peso time deposits III. Surrender of BSRD Whenever the BSP-registered investments have been fully divested (redeemed/sold/withdrawn) by the foreign investor, the custodian bank shall surrender the original BSRD to the BSP for cancellation within two (2) banking days from date of full remittance of divestment proceeds. ATTACHMENT 5 APPENDIX 10.1 (As amended by Circular No. 818 dated 06 November 2013) Certificate of Inward Remittance (CIR) of Foreign Exchange No. CCYY-NNNNN-BBBB ____________________ Name of Issuing Bank TO THE BANGKO SENTRAL NG PILIPINAS: Part I. This is to certify that this Bank (mark applicable box/boxes): A. Received an inward remittance B. Converted FX into Pesos, with the of foreign exchange (FX), with following particulars: the following particulars: 8. a) FX converted to Pesos: 1. Name of Remitter: ________________________ [ ] Full Utilization of FX ________________________ Received: Global Custodian: [ ]Yes [ ] No ____________________ 2. Country of Remitter: [ ] Partial Utilization of FX ________________________ Received: ____________________ 3. Beneficiary of Foreign Currency Funds: O/S Balance after this ________________________ Utilization: ________________________ ____________________ 4. Remitting Foreign Bank: b) Rate of Conversion Pesos per ________________________ Foreign Currency (before ________________________ charges): _________________ ________________________ c) Amount of Peso Proceeds (net 5. Date of Remittance: (__/__/__) of charges): _______________ 6. Remittance/Telegraphic Transfer d) Date Converted to Pesos: Ref. No.: ________________________ ________________________ e) FX Receiving Bank's Name (if 7. FX Received: other than converting bank): ________________________ [ ] Currency: ______________ CIR No.: _________________ [ ] Total T/T Amount: _______ T/T Ref. No. ______________ [ ] Amount Utilized: _________ 9. US$ Equivalent (if foreign [ ] O/S Balance after this CIR currency remitted is other than Utilization: ______________ US$): ______________________ Part II. This is to certify that (mark and fill up applicable box): [ ] The said peso proceeds were deposited with this bank on _________________ (date the proceeds were credited to client's account) [ ] The peso proceeds have been paid to the beneficiary under: [ ] MC No.: ____________________ [ ] PCHC Ref.: __________________. [ ] CC No.: _____________________. This certificate is issued for the sole purpose of obtaining a Bangko Sentral Registration Document (BSRD) for the inward foreign investment of ____________________ (Name and Nationality of Investor) this _________________ (Date of this Certification) . _________________________ _________________________ Name of Branch/Department Signature of Authorized Officer in Head Office Over Printed Name Contact Telephone No.: _____________ _________________________ Fax No.: _________________________ Position IOD Form 03-002-004 * Version ___ * Updated <Effectivity of covering circular> ATTACHMENT 6 APPENDIX 18 (As amended by Circular No. 794 dated 18 April 2013 and Circular No. 818 dated 06 November 2013) Guidelines and Minimum Documentary Requirements for Foreign Exchange Forward and Swap Transactions The following are the minimum documentary requirements for foreign exchange (FX) forward and swap transactions. Unless otherwise indicated, original documents * shall be presented on or before deal date to banks. A. Forward Sale of Foreign Exchange to Cover FX Obligations Deliverable and Non-Deliverable 1. FORWARD SALE OF FOREIGN EXCHANGE TRADE 1.1 Trade Transactions 1.1.1 Under Letters of Credit (LC) a. Copy of LC opened; and b. Accepted draft or Commercial invoice/Bill of Lading 1.1.2 Under Documents against Acceptances (DA)/Open Account (OA) Arrangements a. Certification of reporting bank on details of the DA/OA transaction under Schedule 10 (Import Letters of Credits Opened and D/A-O/A Import Availments and Extensions) of FX Form 1 (Consolidated Report on Foreign Exchange Assets and Liabilities); b. Copy of commercial invoice. In addition to the above requirements, the bank shall require the customer to submit a Letter of Undertaking that: i. Before or at maturity date of the forward contract, it (the importer) shall comply with the documentation requirements on sale of foreign exchange for trade transactions under Appendix 4 of the Manual; and ii. No double hedging has been obtained by the customer for the covered transactions. 1.1.3 Direct Remittance Original shipping documents indicated in item II.a of Appendix 4 of the Manual, as amended. 2. NON-TRADE TRANSACTIONS Only non-trade transactions with specific due dates shall be eligible for forward contracts, and shall be subject to the same documentation requirements under Appendix 1 of the Manual, with the following additional guidelines for foreign currency loans and investments. 2.1 Foreign Currency Loans owed to non-residents or AABs 2.1.1 Deliverable Forwards The maturing portion of the outstanding eligible obligation, i.e. , those that are registered with the BSP, including interest and fees thereon as indicated in the BSP registration letter, may be covered by a deliverable forward subject to the documentary requirements under Item B of Appendix 1 of the Manual. A copy of the creditor's billing statement may be submitted on or before the maturity date of the contract. 2.1.2 NDFs The outstanding eligible obligation, i.e. , those that are registered with the BSP, including interests and fees thereon as indicated in the BSP registration letter, may be covered by a NDF, subject to the documentary requirements under Item B of Appendix 1 of the Manual, except for the creditor's billing statement which need not be submitted. The amount of the forward contract shall not exceed the outstanding amount of the underlying obligation during the term of the contract. HEaCcD 2.2 Inward Investments Deliverable The unremitted amount of sales/maturity proceeds due for repatriation to non-resident investors pertaining to BSP-registered investments in the following instruments: a. securities listed at the Philippine Stock Exchange (PSE) issued by both residents and non-residents; b. peso-denominated securities issued onshore by the National Government and other public sector entities; c. peso time deposits with an AAB with minimum tenor of 90 days; and d. other peso-denominated debt instruments issued onshore by private resident firms and not covered by Section 23 of the Manual may be covered by foreign exchange forward contracts subject to the presentation of the original Bangko Sentral Registration Documents (BSRD) on or before deal date. However, for Item 2.2.a above, original BSRD or BSRD Letter-Advice, together with the broker's sales invoice, shall be presented on or before maturity date of the foreign exchange forward contract, which date coincides with the intended date of remittance. Sales proceeds of BSP-registered investments in shares of stock that are not listed in the PSE may be covered by a deliverable foreign exchange forward contract only if determined to be outstanding as of deal date for the contract and payable on a specific future date as indicated in the Contract to Sell/Deed of Absolute Sale and subject to the same documentary requirements under Item C of Appendix 1 of the Manual. B. Forward Sale of Foreign Exchange to Cover Exposures-Deliverable and Non-Deliverable 1. TRADE (DELIVERABLE AND NON-DELIVERABLE) 1.1 Under LC a. Copy of LC opened; and b. Proforma Invoice, or Sales Contract/Purchase Order 1.2 Under DA/OA, Documents Against Payment (DP) or Direct Remittance (DR) Any of the following where delivery or shipment shall be made not later than one (1) year from deal date: a. Sales Contract b. Confirmed Purchase Order c. Accepted Proforma Invoice d. Shipment/Import Advice of the Supplier In addition to the above requirements, the bank shall require the customer to submit a Letter of Undertaking that: i. At maturity of the forward contract, it shall comply with the documentation requirements on the sale of foreign exchange for trade transactions under Appendix 4 of the Manual; and ii. No double hedging has been obtained by the customer for the covered transactions. IaAScD 2. NON-TRADE (NON-DELIVERABLE) The outstanding balance of BSP-registered foreign investments without specific repatriation date, appearing in the covering BSRD may only be covered by an NDF contract, based on its market/book value on deal date, subject to presentation of the covering BSRD and the proof that the investment still exists ( e.g. , original stock certificate, or certification for the lodgment of shares with the Philippine Depository and Trust Corporation or broker's buy invoice, or confirmation of sale, or original certificate of investment in other peso-denominated debt instruments, or certificate of peso time deposits as may be applicable). Hedging of permanently assigned capital of Philippine branches of foreign banks/firms is not allowed. C. Forward Purchase of Foreign Exchange Such foreign exchange forward contracts shall be subject to the bank's "Know Your Customer" policy and existing regulations on anti-money laundering. In addition, counterparties must be limited to those that are manifestly eligible to engage in foreign exchange forwards as part of the normal course of their operations, and which satisfy the bank's suitability and eligibility rules for such transactions. D. Foreign Exchange Swaps 1. FOREIGN EXCHANGE SALE (first leg)/FORWARD FOREIGN EXCHANGE PURCHASE (second leg) The same minimum documentary requirements for sale of foreign exchange under Appendix 1 of the Manual for non-trade transactions, and Appendix 4 of the Manual for trade transactions, shall be presented on or before deal date. 2. FOREIGN EXCHANGE PURCHASE (first leg)/FORWARD FOREIGN EXCHANGE SALE (second leg) The first leg of the swap will be subject to the bank's "Know Your Customer" policy and existing regulations on anti-money laundering. The second leg of the swap will be subject to the swap contract between the counterparties. However, for swaps covering foreign/foreign currency loans and inward investments, the minimum documentary requirements for sale of foreign exchange under Appendix 1 of the Manual shall also be presented to the bank counterparty prior to delivery of foreign exchange by the bank to its client at any time under the forward leg of the swap. For this purpose, the swap contract must include a statement that: "There shall be no delivery of foreign exchange at any time under the swap contract unless the foreign/foreign currency loans/inward investments are duly registered with the BSP." Swap contracts of this type intended to fund peso loans to be extended by non-residents in favor of residents shall require prior BSP approval. The rules under Item D thereof shall also apply to cross currency swaps. 1 ATTACHMENT 7 ANNEX E.3 (Pursuant to Circular No. 794 dated 18 April 2013 and Circular No. 818 dated 06 November 2013) Loan Profile Original Amount Committed : (In original currency) Type of Credit Facility ( e.g. , supplier's credit, : subordinated loan, note/bond issue, etc.) Creditor Name & Address (with percentage of : ownership/interest in the borrower, if any) Creditor Type ( e.g. , Bank & Financial : Institution, Foreign Supplier, Parent Company, Affiliate, Shareholder, Multilateral, Bilateral) Currency of Repayment : Guarantor Name (with loan amount/percent guaranteed) Local guarantor : Foreign guarantor : Project/Purpose : Original Maturity and Grace Period; : Drawdown and Amortization Schedules (Please fill up Annex E.4) Interest Rate (In percent) Fixed : Floating (Please show spread & base : rate separately) Frequency of Payment (Annual, semi-annual, : quarterly, etc.) Penalty/Default Rate (In percent) : Fees/Costs (Rate & basis for computation) Commitment : Front-end : Others (Please specify nature) : : Date of covering Loan Agreement : IOD Form 01-001-01B* Version __* Updated <Effectivity of covering circular> ATTACHMENT 8 ANNEX N (As amended by Circular No. 818 dated 06 November 2013) Computation Sheet Name of FX Selling Bank: _____________ Date of FX Sale: ____________ TYPE OF OUTWARD REMITTANCE FOR BSP-REGISTERED FOREIGN DIRECT INVESTMENTS [ ] Cash Dividends [ ] Profits/Earnings [ ] Capital Investee Firm: ____________________________________ ____________________________________ Investor: ____________________________________ ____________________________________ I. FOR PROFITS/EARNINGS II. FOR CASH DIVIDENDS Record Date: (CCYYMMDD) ____________________ Payment Date: (CCYYMMDD) ___________________ [ ] Dividends Total Amount in PHP (A): __________________ No. of shares 1 (B): _______________________ Rate per share in PHP (A/B): ________________ [ ] Amount of Profits/Earnings due to the Investor: ________________________ BSRD No. No. of Shares 2 Dividend Total Dividends Registered and Rate Due to Investor Outstanding (D) (In PHP) (C) (E = C x D) _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ III. Gross Peso Amount Remittable (E) ______________________ Less: Taxes/Charges ______________________ Net Peso Amount Remittable ______________________ Divided by: FX Rate 3 ______________________ Equals: Foreign Exchange Remittable (in orig. currency) ______________________ USD Equiv. ______________________ BSRD No. Total Amount/ Outstanding Balance Amount/No. of No. of Shares Before This Shares Applied for Registered 5 Repatriation 5 Repatriation _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ A. Total No. of Shares/Amount for Remittance ___________________ B. Selling Price/Share (if applicable) ___________________ C. Gross Peso Amount Remittable (A x B) ___________________ D. Less: Taxes/Charges ___________________ E. Net Peso Amount Remittable Divided by: FX Rate 3 ___________________ Equals: Foreign Exchange Remittable (in orig. currency) ___________________ USD Equiv. (if remittance is in third ___________________ currency) 6 Prepared by: ________________________________ Signature over Printed Name of Applicant's Authorized Representative ________________________________ Company Affiliation of Investor's Authorized Representative __________________ Date Verified as Correct: _______________________________ __________________ Signature over Printed Name of Date Authorized Officer of FX Selling Bank Verified as Correct: _______________________________ ________________ Signature over Printed Name of Date Authorized Officer of FX Selling Bank ATTACHMENT 9 ANNEX W (Pursuant to Circular No. 794 dated 18 April 2013 and as amended by Circular No. 818 dated 06 November 2013) Footnotes 5. The creditor banks' lending program for private sector borrowers should indicate the proposed credit limit, supported by a list of prospective borrower/s. xxx xxx xxx" 6. Unregistered private sector foreign loans were temporarily allowed to be paid using foreign exchange to be purchased from AABs and/or AAB-forex corps under the following BSP Circulars, subject to certain conditions: BSP Issuance Period Covered Circular No. 741 dated 17 November 2011 December 2011 to February 2012 Circular No. 795 dated 18 April 2013 May 2013 to December 2013 xxx xxx xxx" 8. Applications for registration of foreign direct investments already recorded in the investee firm's books may be filed with the BSP-IOD up to 18 April 2015, regardless of date of inward remittance of foreign exchange/actual transfer of assets to the Philippines. After this date, the one (1) year prescriptive period for filing of applications for registration of foreign direct investments shall apply. xxx xxx xxx" ATTACHMENT 1 APPENDIX 1 * a) All purchases of FX must be accompanied by duly accomplished application to purchase FX using the prescribed format (Annex A). b) It is understood that when a bank certification regarding its client's deposit account is required, the owner of the account should have executed a notarized waiver of secrecy of its deposit. ** All FX purchases for non-trade transactions shall be directly remitted to the: (a) intended beneficiary's account (whether offshore or onshore); or (b) resident creditor bank, whose FCDU loans are eligible to be serviced with FX purchased from the banking system. Exceptions to this rule are: travel funds, medical expenses abroad not yet incurred, and sales proceeds of emigrant's domestic assets if emigrant is still in the country. 1. This includes FX purchases for downpayments and progress billings for non-trade services to be rendered/rendered by non-residents, where applicable. 2. For the settlement by PDIC of FCDU deposit claims, supporting documents must be presented regardless of amount. Both resident and non-resident claims may be serviced. 3. All original documents shall be stamped "FX-SOLD" indicating the date and amount of FX sold, and whether on spot or forward basis and signed by the seller's authorized signatory. 4. Individual registration means a BSP registration document is required. 5. Refers to cases where reporting to BSP is considered as BSP registration of the loan. 6. All original documents shall be stamped "FX-SOLD", indicating the date and amount of FX sold, and whether on spot or forward basis and signed by the seller's authorized signatory. 7. For securities issued by non-residents, these refer only to equity securities, whether primarily listed at, or uplifted from international exchanges to, the PSE. ATTACHMENT 2 APPENDIX 2 1. This list has been updated as of 1 April 2013 based on inputs from concerned administering agencies/bureaus. For any concern, query and/or updates on this list, please coordinate with the appropriate concerned agency/ies indicated in column 1 of this Appendix. 2. The clearances/permits shall be obtained prior to importations. ATTACHMENT 4 APPENDIX 10 1. Foreign direct investments required by law to be registered with the Securities and Exchange Commission or the Bureau of Trade Regulation and Consumer Protection of the Department of Trade and Industry shall be extended a Bangko Sentral Registration Document (BSRD) upon endorsement by either agency and submission of required documents. ATTACHMENT 6 APPENDIX 18 * If copy is indicated, it shall mean photocopy, electronic copy or facsimile of original. 1. Cross currency swap is defined as an arrangement in which two parties exchange a series of cash flows in one (1) currency for a series of cash flows in another currency, at specified exchange and/or interest rates and at agreed intervals over an agreed period. ATTACHMENT 8 ANNEX N 1. Refers to shares issued and outstanding as of record date. 2. Out of total number of shares issued and outstanding as of record date (in footnote 1). 3. PHP/1.00 FCY (to be supplied by FX selling bank). 4. Note from the Publisher: Missing footnote reference no. 4. 5. Refers to number of shares (for stock corporations) or amount ( e.g. , assigned capital, contributed capital). 6. PHP/1.00 FCY.