Import Control Board Composition and Compensation
- Three members appointed by the President with Commission on Appointments’ consent.
- Members represent Central Bank, businessmen, and consumers.
- No government connection except Central Bank member.
- Two members receive per diem of 25 pesos per meeting, capped at 6,000 pesos annually.
Powers and Functions of the Import Control Board
- Set policies on fixing and allocation of import quotas.
- Issue rules and regulations for the Act’s enforcement.
- Supervise Import Control Administration and review its decisions on appeal.
- Oversee execution of the Act and related regulations.
Import Control Administration and Commissioner
- Created to implement Board policies and administer import controls.
- Commissioner appointed by President, serves two years, salary of 10,000 pesos annually.
- Commissioner grants quota allocations and import licenses per Board policies.
- Responsible for personnel appointments subject to Civil Service Law.
- Includes an auditor appointed by Auditor General, paid 6,000 pesos annually.
- Auditor audits accounts of Board, Administration, and quota allocations.
- Research and Statistics Division created for data support.
- President retains direct control and supervision.
Application Requirements for Import Quotas and Licenses
- Applicants must file quota allocation and license applications with Import Control Administration.
- Old importers’ applications sworn with details on past import volume (1946-1948).
- New importers must state actual financial resources.
Importation Without Import License Prohibited
- Importing goods without license from Import Control Board is illegal.
- Pre-existing imports/orders under old law between April 30, 1950, until Act’s approval require Board approval.
Quota Categories and Percentage Reductions
- Prime imports: essential goods reduced not more than 40%.
- Essential imports: needed for health/material well-being, reduced 40%-60%.
- Non-essential imports: not necessary but relate to living standards, reduced 60%-80%.
- Luxury imports: primarily for ostentation, reduced 80%-90%, discouraged completely.
- Domestic supply certifications by Agriculture and Commerce Secretaries can increase reduction rates.
- Board can add new items to control list or reclassify import items.
Exemptions from Import Quotas
- Raw materials for prime/essential goods’ manufacture if not locally available.
- Goods for personal use with no foreign exchange involved.
- Supplies/equipment for military, hospitals, Red Cross, schools, charities.
- Bartered goods with Philippine exports (except luxuries and insufficiently produced controlled goods).
- Religious, price-controlled, rental, lease, or exhibition goods with remittance restrictions.
Limitations on Import Licenses and Values
- No import licenses exceeding 1948 CIF value except for agricultural or dollar-saving machinery.
- Import quotas use average CIF value from 1946-1948.
Application Procedures and Filing Deadlines
- Applications for import quota allocations filed within 30 days of quota fixation, extended to 45 days.
- Chronological filing with numbered, time-stamped applications.
- Applications processed in order received.
Quota Allocation Principles
- Old importers receive quota portion proportional to past import values evidenced by tax receipts.
- No importer to receive more than 30% of a quota unless public interest dictates otherwise.
- Fractional year importers get proportional allocation.
- Government agencies treated as private importers for quota allocation.
Reservations for New Importers
- 30%-50% of quota reserved for bona fide new importers across fiscal years 1950-1953.
- New importers required Filipino citizenship or majority Filipino ownership.
- Allocations based on financial capacity and business standing.
- Unused reserved quota reallocated to other importers.
- Preserves rights of U.S. citizens/entities under Executive Agreement.
Exclusivity of Quota Allocation and Restrictions on Transfer
- Only Import Control Commissioner allocates quotas except for wheat flour by Philippine Rehabilitation and Trade Relief Administration.
- Quotas and licenses are non-transferable and non-assignable.
- Illegal transfer results in quota forfeiture and possible penalties.
Approval and Issuance of Import Licenses
- Commissioner approves applications after investigation and compliance check.
- Applications must be acted on within 60 days or face accountability.
- Licenses issued sequentially based on application order.
- Pending allocations at enactment treated as new applications.
Foreign Exchange Certification and Control
- Central Bank’s Monetary Board certifies foreign exchange amount available for imports.
- Import licenses not issued if value exceeds certified foreign exchange balance.
- Exchange cover issued upon license presentation to Central Bank.
- If foreign exchange insufficient, proportional reduction among license holders.
Penalties and Enforcement
- Violations punishable by fine (5,000 to 50,000 pesos), imprisonment (2-5 years), or both.
- Aliens fined and immediately deported.
- Legal persons liable for fines; responsible officers/employees liable for personal penalties.
- Officers/employees of Board or Administration violating law face dismissal and possible criminal charges.
- Illegal imported goods subject to forfeiture, not returnable.
- Bribery by officials warrants additional penalties and perpetual disqualification.
- Importing without license disqualifies importer and results in license withdrawal.
- Officials/employees with financial interest in import business or aiding violations face penalties and disqualification.
Appropriations
- Annual appropriation of 750,000 pesos from the National Treasury for Board and Administration expenses until otherwise provided by Congress.
Repealing Clause and Separability
- Conflicting laws, orders, or regulations repealed.
- Unconstitutional provisions do not affect validity of rest of Act.
Transition and Effectivity
- Board to fix import quotas within 60 days.
- Existing quotas and rules remain temporarily with current Board members until successors appointed.
- Act takes effect upon approval.