Title
IRR of RA 11203 on Rice Tariffication
Law
Irr Of Republic Act No. 11203
Decision Date
Apr 5, 2019
The Implementing Rules and Regulations (IRR) of the Rice Tariffication Law provide detailed guidelines for the restructuring of government support services for the rice sector, focusing on sustainable investments, productivity improvement, and addressing income loss caused by rice tariffication.

Key Definitions in the Act

  • Defines critical terms such as "Agricultural products," "ATIGA Rate," "Bound rate," "Buffer Stock," "In-Quota Tariff Rate," "Out-Quota Tariff Rate," "Minimum Access Volume," "Most Favoured Nation Rate," "Quantitative Import Restrictions," "Rice," and "Tariffication."
  • Specifies definitions for terms like "Optimal Level" of rice inventory, "Emergency Situations," "Disaster Relief Programs," "Natural calamities," and "Man-made calamities."

Repeal and Transfer of National Food Authority (NFA) Powers

  • Abolishes specific regulatory powers of the NFA effective March 5, 2019, including import licensing, price control, registration, and direct import/export of rice.
  • NFA shall cease issuing permits and licenses for importers, warehouse operators, and traders.
  • The Department of Agriculture (DA) will issue guidelines for rice trade during a transition period of up to 60 days for restructuring NFA roles.

Sanitary and Phytosanitary Measures for Rice Imports

  • All rice importers must secure a Sanitary and Phytosanitary Import Clearance (SPSIC) from the Bureau of Plant Industry (BPI) without volume or timing restrictions.
  • Failure of BPI to process SPSIC applications within seven days means automatic approval.
  • BPI becomes the food safety regulatory agency for rice, assuming this role from NFA.

Tariffication of Rice Import Restrictions

  • Quantitative import restrictions on rice are replaced with tariffs based on WTO commitments.
  • In-quota tariff rates, ATIGA rates for ASEAN countries, and out-quota tariff rates for non-ASEAN countries are applied.
  • The Tariff Commission calculates tariff equivalents which the National Economic Development Authority (NEDA) Board approves.

Presidential Powers Regarding Tariffs and Importation

  • The President can adjust import duty rates within WTO and ATIGA bound rates when Congress is not in session.
  • The President can also temporarily allow imports at lower tariffs during shortages or emergency situations.
  • These powers can be revoked by Congress.

Trade Negotiation Authority

  • The President, based on NEDA and DA recommendations, may negotiate or renegotiate trade commitments on rice internationally.
  • The NEDA Board Committee on Tariff and Related Matters manages this process.

Maintenance of Rice Buffer Stock

  • NFA shall maintain sufficient rice buffer stocks sourced solely from local farmers.
  • Rules on procurement, storage, and distribution of buffer stocks must be promulgated by the NFA Council.
  • Monthly reporting on buffer stock levels to be submitted to the NFA Council.

Lifting of Quantitative Export Restrictions on Rice

  • All laws and regulations imposing export restrictions on rice are repealed.
  • Rice exportation is allowed without volume restrictions.

Special Rice Safeguard

  • A special safeguard duty may be imposed to protect the rice industry from sudden or extreme price fluctuations.
  • The Department of Agriculture monitors quantities and prices of imported rice for this purpose.

Implementation of Minimum Access Volume (MAV)

  • An equitable, transparent mechanism for MAV allocation is established.
  • MAV for rice returns to its 2012 level of 350,000 metric tons.
  • MAV auctions are implemented by the Bureau of Treasury and Landbank.

Agricultural Competitiveness Enhancement Fund (ACEF)

  • The ACEF excludes tariffs collected from rice importations.
  • ACEF funds continue to be used for other agricultural products.

Rice Competitiveness Enhancement Fund (RCEF)

  • Created with an annual allocation of 10 billion pesos for six years to improve rice industry competitiveness.
  • Fund components include rice farm machinery (50%), seed development (30%), credit assistance (10%), and extension services (10%).
  • DBM manages fund releases and oversight with accountability and transparency measures.
  • Programs under the RCEF are supplementary to existing agricultural programs.

Beneficiaries of the Rice Fund

  • Beneficiaries include farmers, farmworkers, and accredited rice cooperatives listed in the Registry System for Basic Sectors in Agriculture (RSBSA).
  • DA shall validate and update eligibility lists regularly and coordinate with other agencies for harmonization.

Rice Industry Roadmap

  • DA leads formulation of a comprehensive roadmap within 180 days to restructure support for the rice sector.
  • Roadmap goals include infrastructure investment, improving farm productivity, strengthening research, environmental sustainability, accessible support services, effective governance, and addressing income loss due to tariffication.
  • Periodic reviews to ensure effectiveness and funding alignment with the National Budget.

National Single Window Program

  • BOC is tasked with implementing the National Single Window system within 180 days to ensure accurate tariff collection.
  • BPI trade system to link with this program for streamlined import clearances.

Final Provisions

  • The implementing agencies DA, NEDA, and DBM have authority to update these rules.
  • Invalid provisions do not affect the remainder of the IRR.
  • Conflicting laws and regulations are repealed or amended.
  • The IRR takes immediate effect.

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