Title
Legalization of Colorum Shipbuilders
Law
Mia Memorandum Circular No. 55
Decision Date
Jul 3, 1990
The MIA Memorandum Circular No. 55 establishes a one-year amnesty program for unlicensed "colorum" shipbuilders and ship repairers to secure proper licenses from MARINA, outlining qualifications, documentary requirements, and penalties for non-compliance.

Law Summary

Coverage

  • Applies to individuals, partnerships, or corporations engaged in shipbuilding, ship repair, or afloat ship repair without a MARINA license under P.D. 666 and related circulars.
  • Also covers those whose licenses have expired and have not been renewed for at least one (1) year.

Period of Amnesty

  • All covered parties must secure a license from MARINA within one (1) year from the issuance of this Circular.
  • Failure to secure the license within the amnesty period will subject the party to penalties.

Qualification Requirements

  • Applicants must be Philippine citizens, or partnerships/corporations with at least 60% Filipino ownership of authorized capital stock.
  • Exception for joint ventures registered with the Board of Investments.

Documentary Requirements

  • Applicants availing the amnesty must submit in triplicate:
    • SEC Registration/Articles of Incorporation and By-Laws or DTI Registration for sole proprietorships.
    • Business Permit and Mayor's Permit.
    • BIR Tax Clearance.
    • Proof of financial capacity to engage in shipbuilding/ship repair.
    • Proof of management capability.
    • Other requirements as per P.D. 666.

Penalties and Sanctions

  • Failure to secure a license will result in a fine of PHP 25,000.
  • Additional sanctions include closure of the establishment and forfeiture of any rights, privileges, properties, or businesses acquired in violation of the Circular.

Fees

  • Existing fees for the issuance of shipbuilding/ship repair licenses apply and must be paid upon application.

Effectivity

  • The Circular takes effect fifteen (15) days after its publication in a newspaper of general circulation.

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