Title
Subic-Clark Duty-Free Motor Vehicle Policy
Law
Cdc Memorandum Circular No. Erd-11-323
Decision Date
Jan 11, 2011
The Subic-Clark Joint Policy Guidelines establish regulations for the duty-free and tax-exempt admission of motor vehicles for registered enterprises in the Subic Bay and Clark Freeport Zones, promoting local car industry support while enforcing strict compliance and monitoring measures.
A

Scope and Classification of Vehicles

  • Covers duty-free and tax-exempt admission of self-propelled land transportation vehicles.
  • Classified into:
    • Utility-Service/Special-Purpose Vehicles: for operational tasks like cargo and passenger transport.
    • Tourist-Service Vehicles: for tourism-related passenger transport in industries such as hotels, resorts.
    • Company-Service Vehicles: brand new vehicles used as service vehicles, with restrictions on luxury vehicle admission.
  • Luxury vehicles limited to certain high-ranking officials on a one-to-one basis.

Eligibility and Criteria for Admission

  • Applicants must be Locators with a valid Certificate of Registration and Tax Exemption (CRTE) and lease agreements of at least 3 years remaining.
  • Zone Authority may approve or disapprove based on law and regulatory compliance.
  • Investment requirement for Company-Service Vehicles: minimum US$600,000 investment per vehicle.
  • Limits on maximum vehicles per category (Utility Vehicles: 10; Tourist Vehicles: 6; Company Vehicles: 6).
  • Utility/Tourist vehicles require endorsement from Zone Authority's Business & Investment unit.
  • Must have operated at least one year unless business nature justifies immediate admission.

Conditions and Limitations

  • Privilege is non-transferable and granted only to registered Locators.
  • Applicant must have no outstanding financial obligations or an approved payment scheme.
  • Principal vehicle user must be identified with proof of necessity linked to the business activity.
  • Admission Authority must be obtained prior to vehicle admission.
  • Extensions/amendments allowed only within validity period.
  • Vehicles must be registered with LTO under a special blue plate and with Zone Authority’s Motor Vehicle Registration unit.
  • Usage restricted to inside Freeport Zones for 3 years; no sale/transfer/duties payment allowed during this period.
  • Post 3-year, vehicles can be transferred to qualified Locators or sold with payment of duties/taxes, subject to conditions.
  • Brand new vehicles defined by current or advanced year model; used vehicles must be sold to qualified Locators or re-exported.

Application Requirements

  • Letter of Intent justifying vehicle admission.
  • Completed application form with signed conditions agreement.
  • Secretary’s certificate authorizing representative.
  • Certified copies of CRTE and lease.
  • Pro forma invoice or ownership documents.
  • Zone Authority certification on investment and financial clearance.
  • Notarized statement that vehicle has not been loaded/shipped yet.
  • Certificate of inspection for previously requested vehicles.

Sale, Transfer, Assignment, and Duties

  • Prohibited within 3 years from admission date without prior clearance.
  • Post 3-year, possible transfers either duty-free to qualified Locators or with duties paid to any entity (depending on vehicle classification).
  • Clearance from Zone Authority required before any sale, transfer, assignment or payment of duties.

Temporary Use Outside Freeport Zones

  • Allowed up to 336 hours (14 days) per month.
  • Extensions possible with prior written request and approval.
  • Use of GPS or RFID technology mandated for monitoring compliance:
    • GPS notifications only upon violation or equipment tampering.
    • RFID tags incorporated in gate pass stickers; scanners at all gates.
  • Future technologies may be adopted for effective monitoring.

Administrative Fees

  • US$100 processing fee per vehicle for admission.
  • Reduced fee of US$20 for green vehicles (environmentally friendly models).
  • US$25 fee for annual LTO registration renewal clearance.
  • US$100 fee for clearance related to sale, transfer, assignment, or duties payments.

Inventory and Inspection

  • Vehicles subject to periodic/on-the-spot inspections.
  • At least annual presentation for inspection as scheduled by Zone Authority.

Fines and Penalties

  • Pre-approval loading/shipping: US$5,000 fine.
  • Unauthorized sale/transfer without clearance: US$2,000 plus duties/taxes.
  • Failure to present vehicle for inspection: US$1,000.
  • Unauthorized use beyond permitted time outside Freeport:
    • US$20/hour for first 10 hours over limit, US$25/hour thereafter.
    • Smuggling presumption after 48 hours past limit; reported to BOC/LTO.
    • Possible suspension/cancellation of CRTE and tax incentives.
  • Other violations: fines US$500 up to forfeiture and suspension/cancellation of privileges depending on circumstances.

Coordination, Review, and Effectivity

  • Continuous coordination with government agencies to facilitate document and permit processing.
  • Guidelines subject to review and amendment by Subic-Clark Alliance for Development Council.
  • Immediate effectivity upon adoption and signing in January 2011.

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