Requested from OMB by K. Go at 04:19 PM on
Jul 08, 2022.
Purpose: To clarify on the legal basis for the guidelines on license requirement for HDD
Date of Coverage: 07/08/2022 - 07/08/2022
Tracking no: #OMB-807468955026
Go 04:19 PM, Jul 08, 2022
I would like to ask the legal basis for #4 in the link Importation/ Exportation Guidelines
https://www.omb.gov.ph/services/importation-exportation-guidelines/
It is mentioned MC 2005-005 and MC 2005-008. In 2005, external HDDs are not yet common. I do not think HDDs are covered by these 2 MCs. In fact it talks about optical disks, or disks, like CD, VCD, Floppy Disks, Vinyl, VHS, which are common during this time that has "TITLE". Obviously, these 2 MCs refer to medias with titles. HDDs do not have titles.
It is only in MC 2018-002 that HDD is defined under Storage device.
Go 04:23 PM, Jul 08, 2022
In MC 2018-002, this is where the guidelines on HDD that belongs to STORAGE DEVICES is properly defined and defined separately as optical and magnetic media.
In this MC, it is very clear HDDs import and export for commercial activity or purpose only are required for permits/licenses. It is even implicitly defined commercial purpose is for purpose of making a profit.
With this, I would like to clarify if exporting 2 PERSONAL HDDs to Singapore for data recovery and importing it back to me, does not need for any permits/licenses, certifications as there is no legal basis for such requirement. Only clearance should suffice as couriers and customs have the idea of licenses/permits are needed when in fact it is not needed.
Kindly send to me the legal basis for my information if you think licenses or permit are required.
Acacio 04:26 PM, Jul 11, 2022
July 11, 2022
Dear Kerwin Davis Go,
Greetings!
Thank you for your request dated Jul 08, 2022 04:19:27 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
Your Request
You asked for Legal Basis for Certificate/License Requirement for Import/Export of HDD.
Response to Request
As you have requested for legal basis regarding importation and/or exportation of storage devices, it was clearly stated on item number 4 of the existing Importation/Exportation guidelines that importation and/or exportation of storage devices, regardless of quantity, shall require a permit or license, whichever is applicable, whether said importation and/or exportation is being done by an individual or corporate entity.
An individual may apply for a one-time certificate (import/export), applicable for one-time transaction only. You may refer to the attached document stating that in the event of a subsequent activity, registration and licensing shall be complied.
Your right to request a review
If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to Ms. Christine Marie L. Suntay at info@omb.gov.ph. You may also give your feedback by filling-out the form which you may access here: https://forms.gle/vg8PfySoRAMvHubbA
Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request.
If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).
Thank you.
Respectfully,
Angeline Acacio
FOI Receiving Officer
Attachments:
OMB Certificate (1).pdf
Go 05:02 PM, Jul 11, 2022
Hello maam,
Item 4 found under guidelines in your website is not legal basis. It is only used as a reference so that anyone visiting your site can easily view it.
Anyone can write anything on a website. Anything written in your guidelines found in your website is not legal basis not unless it is backed by a law or memorandum circular.
With this, I would like to ask what is the legal basis for printing item number 4 in your guidelines? Which Memorandum Circular? Which law?
Kind regards,
Kerwin Go
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