Legal basis and related approvals
- The import duty incentive is granted pursuant to Section 12 of the General Appropriations Act of 1996, Republic Act No. 8174.
- The grant of release of fertilizer importations without prepayment of customs duties and other charges is linked to DOF-DBM Joint Circular No. 2-91.
- The Department of Finance, through its Secretary Roberto F. de Ocampo, approved the release through a letter dated March 25, 1997.
- The Order ties the incentive to fertilizer importations connected to DA programs geared toward increased food production and food security.
Policy and coverage of fertilizer importations
- The incentive covers all fertilizer importations made in support of the Gintong Ani Program and other related programs of the Department of Agriculture.
- The covered programs must be geared toward increased food production and achieving food security.
- Eligible importers are entitled to an import duty incentive under the automatic appropriations provision of Republic Act No. 8174.
- The incentive is tied to fertilizer importations for use under DA-related food security and production programs.
Who may avail and how to qualify
- To avail of the incentive, all eligible fertilizer importers must indicate DA as consignee in all pertinent importation documents.
- Eligibility to the incentive depends on proper documentation reflected through the DA consignee designation in the importation paperwork.
- Endorsements supporting availment are processed through the prescribed DA signatories and routing to the Department of Finance.
Required endorsements and signing authority
- Endorsements submitted to the Department of Finance for availment of the import duty incentive must be signed by the Secretary of the Department of Agriculture.
- If the Secretary is absent, endorsements must be signed by the Undersecretary for Field Operations, Domingo F. Panganiban.
- The endorsement signature requirement applies specifically to all endorsements used for availment of the incentive with the Department of Finance.
Role of FPA in monitoring and processing
- The Fertilizer and Pesticide Authority (FPA) must be furnished copies of all endorsements and other related documents for monitoring and record purposes.
- The FPA assists DA in implementing the import duty incentive program and performs the following functions:
- Receive, evaluate, and process relevant import documents for endorsement/signature of the Secretary of Agriculture or the Undersecretary for Field Operations.
- For budgetary purposes, prepare an estimate of allocation for the incentive program through import projection from importers for a particular period.
- Prepare the corresponding endorsement to the Department of Finance, a Certificate of Undertaking, and a Certificate of Official Importation for the respective shipment/application, and forward these to the Secretary of Agriculture for consideration and approval.
- If requested, advise DA whether a particular fertilizer import application is relevant to the food security program of DA.
- Designate an official liaison officer responsible for transmittal to and from DA and other concerned agencies for documents related to the importation of fertilizer.
- Collect appropriate processing fees for each tax incentive application.
Practical implementation flow
- Fertilizer importers must first prepare importation documents with DA indicated as consignee to qualify for the incentive processing pathway.
- The FPA processes relevant import documents and prepares the required papers for endorsement and approval.
- The FPA forwards the endorsement package, including the required certificates, to the Secretary of Agriculture for consideration and approval.
- Approved endorsements are then transmitted to the Department of Finance for availment of the import duty incentive under Republic Act No. 8174 (Section 12).