Title
Regulation of Imports and Import Quotas Act
Law
Republic Act No. 426
Decision Date
May 19, 1950
The Import Control Board, established under this act, regulates import quotas and licenses to manage the entry of goods into the country, prioritizing essential and prime imports while restricting non-essential and luxury items to promote local production and conserve foreign exchange.
A

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.

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