Title
Amendment to limit tobacco importation
Law
Republic Act No. 1194
Decision Date
Aug 25, 1954
An amendment to Republic Act No. 698 limits the importation of foreign leaf tobacco, particularly Virginia-type leaf tobacco, based on percentages of the 1950 importation, and introduces conditions for importation and allocation, with penalties for violations.
A

Allocation and Licensing of Virginia-Type Leaf Tobacco Imports

  • Monetary Board of Central Bank allocates imported Virginia tobacco among legitimate cigarette manufacturers
  • Allocation based on factory production and tax payments for preceding 12 months, and stock inventory
  • Manufacturers must present certificates proving local purchase of Virginia-type leaf tobacco
  • Licenses for imports issued within 15 days after allocation
  • Import licenses granted only within available foreign exchange limits
  • No licenses granted to factories with records of import control violations or tax evasion

Definitions of Tobacco Types

  • Processed tobacco defined as leaf tobacco that is blended, cased, flavored, ready cut, or cut fillers ready for manufacturing
  • Processed tobacco excludes tobacco leaf stripped of stem only
  • Virginia-type leaf tobacco includes any leaf or scrap used in cigarette manufacture

Government Purchase of Local Tobacco

  • All locally grown leaf tobacco to be purchased by ACCFA for resale to cigarette manufacturers at cost
  • Central Bank, via Rehabilitation Finance Corporation, to provide loans to ACCFA for tobacco purchases and handling
  • Manufacturers and dealers not prohibited from buying directly from farmers or cooperatives
  • Minimum price schedule for local Virginia-type tobacco provided, differentiated by leaf type and curing method
  • Shares of local tobacco allocated to manufacturers using formula similar to allocation of imported tobacco
  • Direct purchases by manufacturers from farmers taken into account when computing allocations

Role of Philippine Tobacco Administration

  • The President may mandate the Philippine Tobacco Administration to assist ACCFA in purchasing local Virginia-type leaf tobacco
  • Philippine Tobacco Administration may be entrusted with additional duties for implementing tobacco purchase provisions

Penalties for Violations

  • Importing Virginia-type leaf tobacco without license, or issuing licenses without presidential authorization, or obstructing ACCFA loans, constitutes violation
  • Penalties include fines of P1,000 to P10,000 and imprisonment of 1 to 5 years
  • Corporate officers responsible for violations are personally liable
  • Foreign offenders subject to deportation after conviction
  • Tobacco involved in violations is forfeited to the Government

Effectivity

  • The Act takes effect immediately upon approval on August 25, 1954.

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