Law Summary
Implementing Agency
- Department of Trade and Industry (DTI) through the Bureau of Import Services (BIS) is designated as the implementing agency responsible for enforcing the guidelines.
Definition of Terms
- LGU: Includes Provinces, Cities, Municipalities, and Barangays.
- Donee: Any local government unit regardless of donor qualification abroad.
- Motor Vehicles: Includes cars, motorcycles, trucks, buses, and special purpose vehicles.
Qualification of Importers
- All LGUs are qualified to import used motor vehicles under the no-dollar importation through donation scheme.
Allowable Motor Vehicles
- Used motor vehicles must be certified as roadworthy and emission compliant by the country of origin, with certification authenticated by the Philippine Embassy or Commercial Attache.
- Vehicles must be left-hand drive at the time of importation, as reflected in shipping documents.
- Luxury vehicles are excluded, defined by price or engine displacement specifications.
- The quantity must be reasonable relative to the LGU's population, area, and needs.
- Ownership cannot be disposed within five years or specific penalties apply, including the buyer being treated as importer with corresponding tax liabilities.
- A Deed of Donation naming the specific LGU is mandatory.
- LGU's local legislative council must pass a resolution accepting the donation.
Importation Procedures
- Use of foreign exchange reserves for the importation is prohibited.
- Prior authority from DTI-BIS required before importation.
- Application must include specific documents: application form, affidavit, authenticated deed of donation and acceptance, request letter, roadworthiness certificate, and LGU resolution.
- Import authority valid for 120 days.
- Upon arrival, release clearance requires documents including bill of lading, import declaration, and motor vehicle registration from origin country.
- Land Transportation Office (LTO) inspection and compliance with registration requirements are prerequisites.
Taxes and Registration
- Qualified importations under this scheme are exempt from additional specific duties under EO No. 418, s. 2005.
- Only left-hand drive vehicles will be registered by the LTO.
- Registration must be in the name of the donee LGU.
- A "No Resale for Five Years" condition is mandated and noted on the certificate of registration.
General Provisions
- Amendments to these guidelines may be recommended by the DTI in consultation with concerned LGUs.
- Violations result in penalties as provided under Section 5 of EO 156 (s. 2002).
- Consistent repeal or modification of prior guidelines upon effectivity.
- Includes a separability clause preserving unaffected provisions if any part is declared unconstitutional.
- Guidelines take effect 15 days after publication in two newspapers.