Authority for Issuance of Import Licenses
- Import licenses are issued by the President through an appointed board or government instrumentality.
- No other government agency can question the validity of the license.
- Legal questions regarding licenses are resolved exclusively by the designated board or instrumentality with appeal to the President.
Presidential Powers and Rules
- The President shall issue enforcement rules, formulate policies on quotas and licenses, budget available foreign exchange, alter Appendix "A" items, and reduce or ban importation of non-essential or sufficiently locally produced commodities.
Allocation of Foreign Exchange and Priorities
- Foreign exchange is prioritized first to government agencies responsible for essential stockpiling and price stabilization, and government instrumentalities for essential needs.
- Second priority is for bona fide producers needing capital equipment and raw materials not adequately produced locally.
- Remaining foreign exchange is allocated to business firms and bona fide importers proportional to their 1949 import averages, including allowances for new Filipino importers.
- Definition of "producers" includes agricultural, industrial producers and other economic development institutions.
Foreign Exchange Certification
- The Monetary Board of the Central Bank certifies and publishes available foreign exchange values for imports every six months or as deemed necessary.
Foreign Exchange Requirement for Licenses
- No license shall be issued without available foreign exchange to cover it, except as allowed in section 10.
Customs Entry Procedure
- Upon presentation of a valid import license, the Bureau of Customs must allow the entry of the covered import items.
Validity and Transfer of Licenses
- Import licenses not used within 30 days are void unless extended by regulations.
- Licenses are non-transferable.
Accounting and Reallocation of Unused Foreign Exchange
- Importers must account for foreign exchange use; unexpended balances lead to cancellation of allocations.
- Unused foreign exchange from licenses may be reallocated under rules.
Exceptions to License Requirement
- Personal used goods up to PHP 5,000 value and gifts up to PHP 100 value may be imported without license unless abused.
- Returning residents can bring in goods up to PHP 1,000 without license unless abused and not for commercial purposes.
Import License Exceptions for Specific Cases
- Import license granted for goods imported without foreign exchange for investment, proceeds must be deposited in banks and reinvested in the Philippines.
- Imports under barter trade agreements are also granted licenses.
Control and Rationing of Essential Commodities
- Quotas and licenses for non-producer importers of essential commodities may be subject to control and rationing by Price Stabilization Corporation.
Conditions on Licenses for Non-Producers
- Importers not producers must reserve at least 50% of imports for bona fide Filipino merchants at same mark-ups.
- Authority required to release unused portions.
- United States rights under the 1946 Executive Agreement remain unaffected.
Transparency and Publicity
- All applications, licenses, policies, decisions, and rules under the Act must be publicly disclosed.
- Rules published at least 10 days before effectiveness with opportunity for public comment.
Grounds for Bar from Importation Business
- Firms or individuals may be summarily barred for:
- Material misrepresentation.
- Violations of the Act or rules.
- Illegal payments to public officials related to quotas/licenses.
License Fees
- Two percent fee on the face value of import licenses.
- Fees defray licensing expenses; surplus goes to general funds.
Recognition of Prior Issued Licenses
- Valid quotas and licenses approved before this Act’s effectivity are recognized and given full effect.
Penalties for Violations
- Penalties include fines between PHP 2,000 to PHP 20,000, imprisonment from 2 to 5 years, or both.
- Offenses include material misrepresentation, violations by enforcement officers, undue payments to public officials, and other breaches.
- Alien offenders face fines and immediate deportation.
- Violations committed by agents make employers liable.
- Revocation of license is penalty for foreign juridical person violations.
- Additional penalties and perpetual disqualification may apply.
- Imported goods violating the Act are subject to forfeiture.
Separability Clause
- Unconstitutional sections do not affect remaining provisions.
Repeal of Conflicting Laws
- Repeals certain previous laws and executive orders inconsistent with this Act.
Effectivity and Duration
- Effective from July 1, 1951 to June 30, 1953 unless repealed or amended sooner.
Appendix "A" - Completely Decontrolled Items
- Includes items like rice, tinned fish, textbooks, used clothing, paper materials for books, and items decontrolled by previous executive orders.
Appendix "A" - Essential Items of Import
- Long detailed list covering categories such as animal products, grains, textiles, minerals, metals, machinery, vehicles, chemicals, medical supplies, and many others essential for import.
- Specifies classifications and items eligible for controlled importation under the licensing system.