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(NAR) VOL. 5 NO. 2/APRIL-JUNE 1994
[ DENR ADMINISTRATIVE ORDER NO. 17, s. 1994, May 25, 1994 ]
REGISTRATION OF AGENTS, CONTRACTORS AND DEALERS ON IMPORTED LOGS, LUMBER, VENEER AND COMMERCIAL POLES AND PILES
Pursuant to P.D. 705, as amended and R.A. No. 1239 dated June 8, 1955, the following regulations governing the registration of agents, contractors and dealers on imported logs, lumber, veneer, commercial poles and piles are hereby issued for the information and guidance of all concerned.
SECTION 1. Basic Policy and Objectives. In consonance with the forest resource sustainable development thrust of the government and to provide an effective monitoring and disposition of imported logs, lumber, veneer, commercial poles and piles, it is hereby declared as a national policy that importers of the above commodities shall register with the DENR to be accredited as agents, contractors or dealers thereof.
Consistent with the above policy, the following objectives shall be pursued:
a. Complement the sustainable development program of the government through the close and effective monitoring of the movement of imported wood materials;
b. Promote the rational development of the wood and panel-based industries; and
c. Provide safeguards against misdeclaration of locally sourced wood materials as coming from imported raw materials or vice-versa.
SECTION 2. Who May Apply. The provisions of extant regulations notwithstanding all persons authorized to import logs, lumber, veneer or commercial poles and piles and who themselves shall process or dispose locally said imported commodities, shall apply with the Office of the Regional Executive Director concerned for a Certificate of Registration as agent, contractor or dealer, copy furnished the Director of Forest Management Bureau (FMB), subject to the guidelines hereunder provided.
SECTION 3. Registration Requirements. In order that an application duly filed may be considered, the following basic supporting documents shall accompany said application:
3.1 Authenticated copy of authority to import logs, lumber, veneer or commercial poles and piles;
3.2 Authenticated copy of sales/supply contract with a foreign exporter of said wood commodities sworn to by the local importer as a binding legal instrument; and
3.3 Authenticated copies of import documents covering the imported commodities.
SECTION 4. Schedule of Fees and Bonds. For every application for a new or renewal of a Certificate of Registration issued in consonance herewith, the following shall be collected:
4.1 Application Fee - P500.00
4.2 Registration Fee - P400.00
Cash bond P10,000.00 (In case of a surety bond, the cash bond shall be increased by at least 25%)
SECTION 5. Validity. A Certificate of Registration issued in consonance with this Order shall be valid for a period not exceeding one (1) year, subject to renewal for a similar period upon application and proper compliance with existing DENR rules and regulations.
SECTION 6. Responsibilities of Registered Agents, Contractors or Dealers. Holders of Certificates of Registration shall:
6.1 Display the Certificate of Registration within the establishment's premises exposed to public view;
6.2 Submit to the DENR a monthly report on imported logs, lumber, veneer or commercial poles or piles not later than the fifth (5th) day of the succeeding month to include, among others, the following information:
6.2.1 Balance of previous months;
6.2.2 Purchase(s) made during the month under report;
6.2.3 Total volume/quantity handled;
6.2.4 Volume processed/sold; and
6.2.5 Balance at end of the month.
6.3 Secure from the RED concerned or his authorized representative a written authority before disposing through sales the imported raw materials consisting of logs, lumber and veneer to local wood processors;
6.4 Allow authorized DENR personnel to inspect the premises where the imported wood materials are stored and to examine records concerning withdrawals or disposition of same; and
6.5 Provide such other related information as may be required by the Secretary or his authorized representative.
SECTION 7. Authority to Issue Additional Instructions. The Undersecretary for Field Operations is hereby authorized to issue additional guidelines and instructions for the effective implementation of this Order.
SECTION 8. Definition of Terms. For purposes of this Order, the following terms shall be construed to mean as defined hereunder:
8.1 Agent - a person authorized in writing by another person to act for and in behalf of the principal, for the production, procurement, sale or other means of disposal of logs, lumber, veneer or commercial poles and piles.
8.2 Contractor - a person who enters into a written contract or agreement with another for whom he undertake to produce, procure, furnish or sell logs, lumber, veneer, or commercial poles and piles.
8.3 Commercial Poles and Piles - large stakes or pieces of timber for foundation or harbor works.
8.4 Dealers - a person, who, for himself or on commission, sells or offers for sale logs, lumber, veneer or commercial poles and piles.
SECTION 9. Penalty Clause. In consonance with the provisions of R.A. 1239, person found directly or indirectly responsible for violation of any of the provisions of this Order or the terms and conditions stipulated in the Registration Certificate shall be penalized by a fine of not more than One Thousand Pesos (P1,000.00) or imprisonment of not more than one (1) year, together with the cancellation of the Certificate of Registration.
SECTION 10. Repealing Clause. — Forestry Administrative Order No. 26, Series of 1956 and all orders, memoranda, circulars and instructions inconsistent herewith are hereby repealed.
SECTION 11. Effectivity. — This Order shall take effect upon acknowledgment from the U.P. Law Center and after fifteen (15) days from the date of publication in at least two (2) newspapers of general circulation.
Adopted: 25 May 1994
SECTION 1. Basic Policy and Objectives. In consonance with the forest resource sustainable development thrust of the government and to provide an effective monitoring and disposition of imported logs, lumber, veneer, commercial poles and piles, it is hereby declared as a national policy that importers of the above commodities shall register with the DENR to be accredited as agents, contractors or dealers thereof.
Consistent with the above policy, the following objectives shall be pursued:
a. Complement the sustainable development program of the government through the close and effective monitoring of the movement of imported wood materials;
b. Promote the rational development of the wood and panel-based industries; and
c. Provide safeguards against misdeclaration of locally sourced wood materials as coming from imported raw materials or vice-versa.
SECTION 2. Who May Apply. The provisions of extant regulations notwithstanding all persons authorized to import logs, lumber, veneer or commercial poles and piles and who themselves shall process or dispose locally said imported commodities, shall apply with the Office of the Regional Executive Director concerned for a Certificate of Registration as agent, contractor or dealer, copy furnished the Director of Forest Management Bureau (FMB), subject to the guidelines hereunder provided.
SECTION 3. Registration Requirements. In order that an application duly filed may be considered, the following basic supporting documents shall accompany said application:
3.1 Authenticated copy of authority to import logs, lumber, veneer or commercial poles and piles;
3.2 Authenticated copy of sales/supply contract with a foreign exporter of said wood commodities sworn to by the local importer as a binding legal instrument; and
3.3 Authenticated copies of import documents covering the imported commodities.
SECTION 4. Schedule of Fees and Bonds. For every application for a new or renewal of a Certificate of Registration issued in consonance herewith, the following shall be collected:
4.1 Application Fee - P500.00
4.2 Registration Fee - P400.00
Cash bond P10,000.00 (In case of a surety bond, the cash bond shall be increased by at least 25%)
SECTION 5. Validity. A Certificate of Registration issued in consonance with this Order shall be valid for a period not exceeding one (1) year, subject to renewal for a similar period upon application and proper compliance with existing DENR rules and regulations.
SECTION 6. Responsibilities of Registered Agents, Contractors or Dealers. Holders of Certificates of Registration shall:
6.1 Display the Certificate of Registration within the establishment's premises exposed to public view;
6.2 Submit to the DENR a monthly report on imported logs, lumber, veneer or commercial poles or piles not later than the fifth (5th) day of the succeeding month to include, among others, the following information:
6.2.1 Balance of previous months;
6.2.2 Purchase(s) made during the month under report;
6.2.3 Total volume/quantity handled;
6.2.4 Volume processed/sold; and
6.2.5 Balance at end of the month.
6.3 Secure from the RED concerned or his authorized representative a written authority before disposing through sales the imported raw materials consisting of logs, lumber and veneer to local wood processors;
6.4 Allow authorized DENR personnel to inspect the premises where the imported wood materials are stored and to examine records concerning withdrawals or disposition of same; and
6.5 Provide such other related information as may be required by the Secretary or his authorized representative.
SECTION 7. Authority to Issue Additional Instructions. The Undersecretary for Field Operations is hereby authorized to issue additional guidelines and instructions for the effective implementation of this Order.
SECTION 8. Definition of Terms. For purposes of this Order, the following terms shall be construed to mean as defined hereunder:
8.1 Agent - a person authorized in writing by another person to act for and in behalf of the principal, for the production, procurement, sale or other means of disposal of logs, lumber, veneer or commercial poles and piles.
8.2 Contractor - a person who enters into a written contract or agreement with another for whom he undertake to produce, procure, furnish or sell logs, lumber, veneer, or commercial poles and piles.
8.3 Commercial Poles and Piles - large stakes or pieces of timber for foundation or harbor works.
8.4 Dealers - a person, who, for himself or on commission, sells or offers for sale logs, lumber, veneer or commercial poles and piles.
SECTION 9. Penalty Clause. In consonance with the provisions of R.A. 1239, person found directly or indirectly responsible for violation of any of the provisions of this Order or the terms and conditions stipulated in the Registration Certificate shall be penalized by a fine of not more than One Thousand Pesos (P1,000.00) or imprisonment of not more than one (1) year, together with the cancellation of the Certificate of Registration.
SECTION 10. Repealing Clause. — Forestry Administrative Order No. 26, Series of 1956 and all orders, memoranda, circulars and instructions inconsistent herewith are hereby repealed.
SECTION 11. Effectivity. — This Order shall take effect upon acknowledgment from the U.P. Law Center and after fifteen (15) days from the date of publication in at least two (2) newspapers of general circulation.
Adopted: 25 May 1994
(SGD.) ANGEL C. ALCALA
Secretary
Secretary