PHILIPPINE STRATEGIC TRADE MANAGEMENT Overview and Updates Photo Credit: Baker McKenzie
Department of Trade and Industry Strategic Trade Management Office OUTLINE OUTLINE OF OF PRESENT PRESENTATION TION I. Strategic Trade Management Act i. National Strategic Goods List ii. Scope of the STMA iii. Coverage of the STMA II. Organizational Structure III. Registration and Authorization Procedures IV. Plans for Implementation V. Administrative and Criminal Penalties
Department of Trade and Industry Strategic Trade Management Office OUTLINE OUTLINE OF OF PRESENT PRESENTATION TION I. Strategic Trade Management Act i. National Strategic Goods List ii. Scope of the STMA iii. Coverage of the STMA II. Organizational Structure III. Registration and Authorization Procedures IV. Plans for Implementation V. Administrative and Criminal Penalties
Department of Trade and Industry Strategic Trade Management Office National Strategic Goods List The NSGL describes with specificity the strategic goods subject to authorization under the STMA. ANNEX I ANNEX I Military Goods ANN NNEX II EX II Dual-Use Goods ANNEX III ANNEX III Nationally Controlled Goods
Department of Trade and Industry Strategic Trade Management Office Military Goods Items, software and technology that are specifically designed, developed, configured, adapted, or modified for military end use . Annex I of the NSGL
Department of Trade and Industry Strategic Trade Management Office Dual-Use Goods Items, software and technology, which can be used for both civil and military end use or in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of weapons of mass destruction or their means of delivery. Annex II of the NSGL
Department of Trade and Industry Strategic Trade Management Office Na Nationall tionally y Contr Controlled olled Goods Goods Goods placed under unilateral controls for reasons of national security , foreign policy , anti-terrorism , crime control and public safety . Annex III of the NSGL
Department of Trade and Industry Strategic Trade Management Office Ca Catc tch-all all Pr Provis vision ion Goods or services are or may Country of destination is be used, partly or entirely in subject to an international the acquisition, sanction or an arms development, et. al. of embargo and goods may be WMDs . used for military end-use. An authorization for unlisted goods is necessary in the following instances: Goods may be used as parts Exporter knows or suspects or components of military that the unlisted goods may be items listed in the NSGL that used for any of the uses have been exported without a referred to in para. (a) and (b). license.
Department of Trade and Industry Strategic Trade Management Office Str Strate tegic Goods gic Goods to be Initiall to be Initially y Regula gulated ted STMO will initially regulate items under NSGL – Annex 2: List of Dual-Use Goods. The export of items listed in Annex 2 of the NSGL requires an authorization from the Strategic Trade Management Office (STMO). Exports of strategic items with the following DU codes shall be subject to export licensing by the Philippine National Police – Firearms and Explosives Office (PNP-FEO) . 1A007, 1A008, 1C111, 1C227, 1C228, 1C229, 1C239, 3A229, 3A232
Department of Trade and Industry Strategic Trade Management Office OUTLINE OUTLINE OF OF PRESENT PRESENTATION TION I. Strategic Trade Management Act i. National Strategic Goods List ii. Scope of the STMA iii. Coverage of the STMA II. Organizational Structure III. Registration and Authorization Procedures IV. Plans for Implementation V. Administrative and Criminal Penalties
Department of Trade and Industry Strategic Trade Management Office Scope of the STMA Territorial Jurisdiction Extraterritorial Jurisdiction Covers natural Covers all Filipino and juridical persons persons providing who engages or intends the activities covered by to engage in the the STMA, wherever activities covered by the located . STMA
Department of Trade and Industry Strategic Trade Management Office OUTLINE OUTLINE OF OF PRESENT PRESENTATION TION I. Strategic Trade Management Act i. National Strategic Goods List ii. Scope of the STMA iii. Coverage of the STMA II. Organizational Structure III. Registration and Authorization Procedures IV. Plans for Implementation V. Administrative and Criminal Penalties
Department of Trade and Industry Strategic Trade Management Office Coverage of the STMA Export Transit Transshipment Import Re-export Reassignment Provision of Related Services ( Brokering, Financing, Transportation and Technical Assistance )
Department of Trade and Industry Strategic Trade Management Office Export Actual shipment of strategic Transmission of software goods out of the and technology either in Philippines . electronic/ non-electronic form.
Department of Trade and Industry Strategic Trade Management Office Phased Implementation of the STMA Q1 2019 Registration Q3 2019 Export Q1 2020 Transit/ Transshipment Q3 2020 Re-export/ Reassignment Q1 2021 Related Services Q3 2021 Import
Department of Trade and Industry Strategic Trade Management Office OUTLINE OUTLINE OF OF PRESENT PRESENTATION TION I. Strategic Trade Management Act i. National Strategic Goods List ii. Scope of the STMA iii. Coverage of the STMA II. Organizational Structure III. Registration and Authorization Procedures IV. Plans for Implementation V. Administrative and Criminal Penalties
Department of Trade and Industry Strategic Trade Management Office Centr Cen tral al Aut utho horit rity National Security Council-Strategic Trade Management Committee (NSC-STMCom) A permanent committee under the National Security Council acting as the central authority on all matters relating to strategic trade management.
Department of Trade and Industry Strategic Trade Management Office Comp Composit osition ion of of th the N e NSC SC-STMC STMCom om EXECUTIVE SECRETARY Chairperson DEPARTMENT OF TRADE AND INDUSTRY Vice-Chairperson DOH NSC DFA DOJ DENR DILG DOF DOTr DICT DOST DND DA ATC-PMC Secretariat
Department of Trade and Industry Strategic Trade Management Office Execut Ex ecutiv ive e and T and Tec echnical Ar hnical Arm Strategic Trade Management Office (STMO) Bureau, under the administrative supervision of the Department of Trade and Industry, that serves as the executive and technical agency of the national government for the establishment of the management systems for the trade in strategic goods.
Department of Trade and Industry Strategic Trade Management Office Organizational Structure DIRECTOR ASSISTANT DIRECTOR POLICY AND REGISTRATION AND COMPLIANCE AND ENTERPRISE RELATIONS AUTHORIZATION INVESTIGATION DIVISION DIVISION DIVISION Policy and Commodity Compliance Unit Classification Unit Information Unit Enterprise Outreach Risk Assessment Unit Investigation Unit Unit
Department of Trade and Industry Strategic Trade Management Office OUTLINE OUTLINE OF OF PRESENT PRESENTATION TION I. Strategic Trade Management Act i. National Strategic Goods List ii. Scope of the STMA iii. Coverage of the STMA II. Organizational Structure III. Registration and Authorization Procedures IV. Plans for Implementation V. Administrative and Criminal Penalties
Department of Trade and Industry Strategic Trade Management Office Licen Licensing Pr sing Proce ocedur dure e Ov Over erview view If not : Issue letter advising the applicant that authorization is Are the not needed. Commodity items REGISTRATION Classiification/ strategic goods ICP Pre-audit or not? Issue/ Deny If yes : Authorization/ Application for Issue Further AUTHORIZATION Review Notice
Department of Trade and Industry Strategic Trade Management Office Licen Licensing Pr sing Proce ocedur dure e Ov Over erview view If not : Issue letter advising the applicant that authorization is Are the not needed. Commodity items REGISTRATION Classification/ strategic goods ICP Pre-audit or not? Issue/ Deny If yes : Authorization/ Application for Issue Further AUTHORIZATION Review Notice
Department of Trade and Industry Strategic Trade Management Office Sample Registration Form Information on the individual or juridical person to be registered Information on the person responsible for STMA compliance Information on commodity description, NSGL Code, countries of destination, et. al.
Department of Trade and Industry Strategic Trade Management Office Additional Supporting Documents Relevant license/s or business permits. Copy of document appointing a Senior Manager as the responsible person for STMA compliance. Description of strategic trade relevant activity/ reason for registration, if no website available. Description of Internal Compliance Program, if applicable. Organizational chart showing the relationship among the company’s parent, subsidiaries, affiliates, or multiple division or facilities, if applicable. Internal organizational chart, i.e. showing responsibilities or reporting relationships of individuals or offices within the company, if applicable.
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