ADDITIONAL REQUIREMENTS IN THE PROCESSING OF APPLICATIONS FOR LICENSE/PERMIT/AUTHORITY TO BUY/PURCHASE LEAF TOBACCO, AMENDING RULE 2 OF REGULATION III AND RULE 3 OF REGULATION V…
Administration (NTA) by Executive Order No. 245 and the results of the
consultation made during the Tobacco Stakeholders Consultative
Conference on Safeguarding Stakeholders’ Interest in the Marketing of
Quality Tobacco Leaf held on 06 November 2008, the following are hereby
adopted for the compliance of all concerned, to wit:
Section 1. Rule 2 of Regulation III of the TRR is hereby amended to include the following additional requirements, to wit:
“Rule 2. Requirements To Support The Application For License
To Buy Leaf Tobacco – An application (RD Form No. 1) for the issuance of
a License to Buy leaf tobacco, shall be filed with the Branch Office
where the TC is located, and the same shall be supported by the
following:x x x
i. List of NTA-registered tobacco
farmers/cooperatives/associations with whom he/she has entered into a
Memorandum of Agreement (MA) and not otherwise contracted by any other NTA-licensed buyer/s, indicating the location and area planted, as well
as, estimated yield/ production (RD Form No. 6);j. List of contracted WTDs where he/she will sell his/her leaf tobacco acceptances (RD Form No. 7);
k. List of contracted or independent FRs from whom he/she
will buy leaf tobacco and estimated purchases, as well as, the list of NTA-registered tobacco farmers/cooperatives/associations with whom the
FRs had entered into an MA and not otherwise contracted by any other NTA-licensed buyer/s, indicating the location and area planted, as well
as, estimated yield/production (RD Form No. 6).”
For Crop Y ear 2008-2009, the applicants are hereby
required to submit the aforesaid additional requirements to the NTA BO before any license/permit/authority will be released.
Beginning Crop Year 2009-2010, all applicants
are hereby required to simultaneously append the additional requirements
as provided in this Section in the filing of application for
license/permit/authority and the same shall be considered on a
“first-come first-served” basis, which means, the applicant who first
submitted the name of a particular FC shall no longer be included in the
list/s to be submitted by the second and/or succeeding applicants.
Section 2. The license fees as provided in Rule 1 of Regulation VI is likewise amended, as follows:
| Volume Deliveries/acceptances based from the immediately preceding Trading Season | Fees (PhP) |
| 5,000 kg and below | 1,000.00* |
| 5,001 – 10,000 kg | 1,500.00 |
| 10,001 – 20,000 kg | 2,000.00 |
| 20,001 – 30,000 kg | 2,500.00 |
| 30,001 – 40,000 kg | 3,000.00 |
| 40,001 – 50,000 kg | 3,500.00 |
| 50,001 – 100,000 kg | 4,500.00 |
| 100,001 – 250,000kg | 5,625.00 |
| *applicable to new FR applicant |
Section 3. Rule 3 of Regulation VI of the TRR is further amended to include the following additional requirements, to wit:
“Rule 3. Requirements To Support The Application Of A Field Representative:
x x x
b. Duly notarized Special Authority issued by the Contracting TC with whom he/she has an MA;
x x x
f. List of NTA-registered tobacco farmers-cooperators under his/her MA and not otherwise contracted by any NTA-licensed buyer/s.”
Section 4. The following rules and conditions/requirements
shall be implemented in the application of Certificate of Authority
(COA), to wit:
a. The FR shall apply for separate COA for each type of tobacco intended to be purchased;
b. All applications for COA shall be filed through NTA-Branch Office
(NTA BO) where the FR intends to operate on or before the date
hereinafter provided;
c. In case of delay in the issuance of COA by the NTA, the Official
Receipt issued by the NTO BO may be used by the applicant as his
temporary COA for a period of seven (7) days from the date of its
issuance by the NTA, pending the issuance of the duly approved COA; and
d. The FR may be allowed to apply for more than one (1) COA
corresponding to the tobacco type, provided that each COA application is
supported with the pre-determined area and farmer covered under his
MOA/Contract Growing Agreement. However, a FR shall be allowed to
operate/purchase tobacco only within the area/ place as pre-determined
in his COA application and correspondingly limited to the volume of
production of his FCs’ area of coverage.
Section 5. The following are hereby set as the maximum production, per hectare, per tobacco type, to wit:
TYPE/SUB-TYPE MAXIMUM AVERAGE YIELD (KG/HECTARE) A.VIRGINIA NEUTRAL FLAVOR 1,950 IMPROVED/FULL FLAVOR 2,350 B. BURLEY NEUTRAL FLAVOR 2,150 IMPROVED FLAVOR 2,100 C. NATIVE CIGAR FILLER/WRAPPER 2,300 BATEK 2,050
The aforesaid maximum production, per hectare, shall be the basis in
assessing the estimated acceptances/purchases of any NTA-licensed
buyer/s.
In the event that the buyer exceeds the aforesaid maximum average
yield as per submitted list of FCs and area planted, the NTA shall
notify the buyer of such excess and require him/her to pay a penalty
equivalent to the permit fees corresponding to the excess
acceptances/purchases, R&R fee, plus administrative penalty of P3.00
per kilogram.
Section 6. Tobacco Purchases Outside of the Pre-determined
Area/FCs/Contract Growing Coverage – Tobacco purchases outside of the
pre-determined area of coverage and/or non-Contract Growing areas, shall
be subject to Special Permit to Buy, which is valid only on the day of
purchase and to the location/area, type of tobacco and volume,
specifically applied for.
Section 7. The following dates are hereby set as the
deadlines in the filing of application of License/COA/Permit to Bu y,
Exportation & Importation Leaf Tobacco, to wit:
A. For Local Trading: 1.Virginia January 15, 2009 2.Burley Region I and Mindoro January 15, 2009 Region II February 15, 2009 3. Native Region I January 15, 2009 Region II February 15, 2009 B. For Exportation & Importation : January 31, 2009
A surcharge of fifty percent (50%)
of the Annual License/Permit Fee for both trading of locally grown
leaf tobacco and Exportation/Importation of leaf tobacco and tobacco
products shall be assessed for applications filed after the deadlines
set.
For your compliance.
Adopted: 05 Jan. 2009
(SGD.) CARLITOS S. ENCARNACION
Administrator