New Regulations to Combat Illegal Trade of E-Cigarettes in Philippines

Key points:

1. The Department of Trade and Industry (DTI) of the Philippines has released a new draft regulation aimed at intensifying efforts to combat the illegal trade of e-cigarettes.

2. The draft requires importers to submit more detailed documents and strengthen compliance verification efforts.

3. The deadline for public opinion collection is March 13.

The Department of Trade and Industry (DTI) of the Philippines recently announced a new draft administrative order aimed at strengthening the crackdown on illegal e-cigarette product transactions, promoting consumer safety, and simplifying the import process, Manilatimes reported.

DTI is calling on the public and relevant stakeholders to provide feedback on the revised document requirements, which will be implemented in the issuance of the Product Importer Qualification Declaration (SOC) under DAO 22-06 (2022).

The draft has updated existing regulations and provided a detailed explanation of the new document requirements for importers applying for SOC. SOC is a mandatory certification that verifies the legality and compliance of imported e-cigarette and tobacco products.

Under the draft proposal, importers must submit various documents, including packing lists, commercial invoices, bills of lading/airway bills, production batch details, and a valid Philippine Standards (PS) license. 

Additional compliance requirements include a PHP 150,000 ($2,700) bond, a valid registration certificate from the Customs Bureau, proof of ownership or lease for warehouse space, and consumption tax declarations stamped by the Bureau of Internal Revenue.

Before receiving full approval from SOC, importers can apply for a temporary Certified Customs Release (CCR) in order for their goods to temporarily pass through customs. 

However, final approval must go through The Office for the Special Mandate on Vaporized Nicotine and Non-Nicotine Products, their Devices, and Novel Tobacco Products (OSMV) under the DTI.

The OSMV is responsible for regulating the market of aerosolized nicotine and new tobacco products, ensuring consumer safety and compliance with the Aerosolized Nicotine and Non-Nicotine Products Regulation Act (RA 11900), also known as the "e-cigarette law".

The public and stakeholders can submit feedback on the draft until March 13.