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1.1.1 Among the most important security challenges countries face today are
preventing the proliferation of weapons of mass destruction (WMD),
controlling the spread of conventional arms, and regulating transfers of goods,
software, and technologies that can be used for WMD or military purposes.
1.1.3 WMD are weapons that can cause widespread damage to human and animal
life, infrastructure, environment, and evoke terror in a population. The main
types of WMD are nuclear and radiological weapons, biological weapons, and
chemical weapons.
1.1.4 Many items that can be used in developing WMD and conventional arms and
enhancing military programs have peaceful applications. These are “dual-use
items” – goods, software, and technologies that are normally used for
commercial purposes but can also be used for a WMD or military purpose.
1.1.5 The international community has responded to WMD and arms proliferation
challenges by calling upon countries to manage and control trade in military
and dual-use items, which are called “strategic goods.”
1.2.1 In response to proliferation threats, the Philippines enacted Republic Act No.
10697, otherwise known as the Strategic Trade Management Act (STMA).
1.2.2 The STMA is an “An Act Preventing the Proliferation of Weapons of Mass
Destruction by Managing the Trade in Strategic Goods, the Provision of
Related Services, and for Other Purposes.”
1.2.3 The STMA was enacted consistent with the Philippines’ national interest and
to fulfill its international commitments and obligations, including United
Nations Security Council Resolution (UNSCR) 1540.
1.2.4 The STMA enforces measures to establish domestic controls to prevent the
proliferation of weapons of mass destruction (WMD) and their means of
delivery from or within the Philippines.
1.2.5 The STMA’s main objective is to maintain international peace and security,
and promote economic growth by facilitating trade and investment through the
responsible management of strategic goods and the provision of related
services.
1.2.6 The National Security Council – Strategic Trade Management Committee
(NSC-STMCom) is the central authority on any and all matters relating to
strategic trade management with the following composition:
1.2.7 The Strategic Trade Management Office (STMO), a bureau created under the
administrative supervision of the Department of Trade and Industry, serves as
the executive and technical agency for the establishment of management
systems for the trade in strategic goods. It supervises the implementation of
the licensing system, verifies compliance with the law, and provides
information to industry, among others. Below is the composition of the STMO:
1.2.9 The STMA aims to regulate the export, import, transit and transshipment, re-
export and reassignment of strategic goods, software and technology and the
provision of related services to prevent the proliferation of weapons of mass
destruction.
1.2.10 There are three important things to remember regarding the STMA:
1.3.1 The STMA covers items, software, and technology which are referred to as
strategic goods.
1.3.2 “Strategic goods” are products that for security reasons or due to international
agreements are considered to be of such military importance that their export
is either prohibited altogether or subject to specific conditions. Simply put,
strategic goods are items listed in the National Strategic Goods List (NSGL).
1.3.3 The NSGL list down the strategic goods subject to authorization1 from the
Strategic Trade Management Office (STMO).
1.3.4 The NSGL has three annexes: Military Goods (Annex 1), Dual-Use Goods
(Annex II), and Nationally Controlled Goods (Annex III).
1.3.5 Military Goods (Annex I) refer to goods, software, and technology that are
specifically designed, developed, configured, adapted, or modified for military
end-use.
1.3.6 Dual-Use Goods (Annex II) refer to 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 WMD or their means of delivery.
An example of a dual-use good is illustrated below:
1
“Authorization” refers to an individual, global, or general license issued by the STMO for the
export, import, re-export, reassignment, transit, transhipment of strategic goods and provision of
related services.
1.3.7 Nationally Controlled Goods (Annex III) refer to strategic goods placed under
unilateral controls for reasons of national security, foreign policy, anti-
terrorism, crime control, and public safety.
1.3.8 However, it is important note that there are items not listed in the NSGL but
are subject to authorization by the STMO. These items are covered in the
“catch-all provision” under Section 11 of the STMA.
1.3.9 An authorization for unlisted items under the “catch-all provision” is required in
the following instances:
1.3.9.a If the exporter/ principal party has been informed by the STMO
that the goods or services are or may be used, partly or entirely, in
connection with the acquisition, development, production,
handling, operation, maintenance, storage, detection, identification
or dissemination of WMDs or their means of delivery.
1.3.9.c If the exporter has been informed by the STMO that the goods in
question are or may be used, partly or entirely, as parts or
components of military items listed in the NSGL, that have been
exported from the territory of the Philippines without authorization
or in violation of an authorization.
1.4.1 The STMA has both territorial jurisdiction (legal ability of a State to exercise its
authority within the boundaries of its territory) and extraterritorial jurisdiction
(legal ability of a State to exercise its authority beyond its territorial limits).
1.4.2 The STMA has territorial jurisdiction over natural and juridical persons that
engages or intends to engage in the trade of strategic goods or provision of
related services. Juridical person may refer to partnership, cooperative,
corporation, government-owned and controlled corporation that engages or
intends to engage in strategic trade.
1.4.3 The STMA has extraterritorial jurisdiction over all Filipino persons, wherever
located.
1.5 Activities covered under the STMA
1.5.1 The following are the activities covered under the STMA: registration, export,
import, transit, transshipment, re-export, reassignment, and provision of
related services. Related services cover brokering, financing, transporting and
provision of technical assistance.
1.5.2 Under the STMA, registration with the STMO is the first mandatory step for
any person who engages or intends to engage in the export, import, and re-
export of strategic goods or provide related services. Only after a person is
registered with the STMO can it apply for an authorization with the STMO.
1.5.3 Further, an application for authorization shall be filed prior to engaging in the
activities covered under the STMA.
1.5.4 “Export” refers to an actual shipment of strategic goods out of the Philippines,
or to a transimission of software and technology either by electronic media or
non-electronic means.
1.5.6 “Transit” refers to the shipment of strategic goods within the Philippines and
those entering and passing through the territory of the Philippines with an
ultimate destination outside of the Philippines in such a manner that the
strategic goods remain at all times in or on the same carrier.
Philippine
Waters
1.5.7 “Transshipment” refers to a mode of shipping a good on a carrier which enters
the territory of the Philippines, wherein the good is unloaded from the carrier
and reloaded in the same or on another carrier that is bound for an ultimate
destination outside the Philippines.
Philippine
Waters
1.5.8 “Re-export” refers to the export to a foreign country of strategic goods either
previously imported to or exported from the Philippines. As an illustration, a
strategic good is being exported from the Philippines to country X, then from
country X, the strategic good will again be exported to country Y. This
transaction is called re-export which requires an authorization from the STMO.
Country X Country Y
Co. A Co. B
Country Y
1.5.10 “Related services” refer to brokering, financing, transporting in relation to the
movement of strategic goods between two foreign countries and providing
technical assistance.
2.1.1 There are two (2) main steps in order to secure an authorization from the
STMO: (a) application for entry into the register, and (b) application for authorization.
3. Registration
3.1.1 Registration is the act of entering into the STMO register persons who
engages or intends to engage in the export, import, and re-export of strategic
goods or provide related services.
3.1.3.b To ensure that traders are familiar with their obligations and the
requirements under the STMA.
3.1.3.c To enable the STMO to verify the bona fide nature of traders.
3.2.1 Any person who engages or intends to engage in the export, import, and re-
export of strategic goods, or provides related services such as brokering,
financing, transporting, or technical assistance must register directly with the
STMO prior to applying for an authorization or a governmental end-use
assurance.
3.3.1 Any natural or juridical person that needs to register must submit a standard-
format application together with related documents to the STMO. The
application must be signed by the applicant or an authorized representative.
3.3.2 Applications and any materials attached to the application must be submitted
in English.
3.3.3 The application form for registration shall be in the manner and form as
prescribed by the STMO (please see 3.9.1).
3.4.1 The STMO shall review an application within 30 calendar days from the date
the application was accepted for processing.
3.5.1 Below is the STMO workflow chart for reviewing applications for registration:
3.5.2 The STMO makes a decision after careful consideration of all available
information. It may refer the application for an advisory opinion to other
government agencies, if needed.
3.5.3 The STMO may refuse to enter a person into the Register based on the
following reasons:
3.5.3.b In the past five years, the applicant had been held responsible for
violating an international embargo or sanction binding on the
Philippines.
3.6.1 If the STMO approves the application, the natural or juridical person is
entered into the Register. The registration certificate bearing the registration
number, date of registration, and other relevant information shall be issued on
paper or electronically.
3.6.2 Any registered person shall provide the registration number when preparing
and submitting a license application or in any other communication with the
STMO.
3.7.1 If any change occurs in the information submitted to the STMO during
registration, the registered person shall file a written application for
amendment of register entry.
3.7.2 The STMO may refuse to amend a register entry if in the past five years, the
applicant had been held responsible for violating an international embargo or
sanction binding on the Philippines.
b. If the person entered in the register has not applied for any
authorization from STMO within two (2) years from its issuance.
c. If new facts emerge which would have resulted in a denial to enter the
person onto the Register at the time of application.
d. If the person entered into the Register is held responsible for violating
any legal provisions related to national security
e. If the person entered into the Register is held responsible for violating
an international sanction or embargo binding on the Philippines.
E-mail:
JDCruz@abcinc.com
Government ID
Number: C11xxxxxxxx
12 Person responsible State the name and Name and Designation:
person for STMA designation, address, Pedro Dela Cruz
Compliance telephone/ mobile number, fax
number, e-mail home address, Designation/
and valid government ID Department: Chief
number of the person Executive Officer
nominated, i.e. via Board
Resolution, as the responsible Address: Block AB,
person for STMA compliance to Lot Z, Sampaguita
ensure that the company’s Street, Makati City
operation comply with STMA
provisions. Must be a senior Tel/ Mobile No.:
officer, owner, partner or +63917xxxxxxx
equivalent.
Fax No.:
+63917xxxxxxx
E-mail:
PDCruz@abcinc.com
Government ID
Number: C11xxxxxxxx
13 Description of Provide description of the Integrated Circuits
commodities and/ or commodities or services
services rendered.
14 NSGL Code Refer to the codes in the NSGL 3A001
as provided in the three
Annexes. The NSGL Code of
the commodities must meet the
description and specification
under the NSGL.
15 Countries of Provide the countries where the USA, Japan, Korea
destination item/s will be exported or where
the services will be provided.
16 Estimated number of Provide the estimated number 2 contracts/ annum
contracts per annum of strategic trade-related
contracts in a year for the
commodity and in the country
of destination.
17 Estimated number of Provide the estimated number 50 shipments/ annum
shipments per annum of shipments in a year for the
commodity and in the country
of destination.
18 Conforme Signature of the senior officer/ Pedro dela Cruz
person responsible for STMA
compliance (see entry 12).
Note: Before submitting the application form for registration, please make sure that
all the information provided are correct. The processing timeline will commence only
after submission of all necessary documents and information.
Strategic Trade Management Office
3F Tara Bldg., 389 Sen. Gil J. Puyat Avenue, 1200 Makati City, Philippines
Telephone: (+632) 403.1419
Fax: (+632) 896.4431
05 Address:
Additional Supporting Documentation (Check applicable block/s to indicate the document you are attaching)
1. Relevant license/s or business permits.
2. Copy of document appointing a Senior Manager as the responsible person for STMA Compliance.
3. Description of strategic trade relevant activity/ reason for registration, if no website available.
4. Description of Internal Compliance Program (ICP), if applicable.
5. Organizational chart showing the relationship among the company’s parent, subsidiaries, affiliates, or multiple division
or facilities, if applicable.
6. Internal organizational chart (i.e., showing responsibilities or reporting relationships of individuals or offices within the
company), if applicable.
The applicant hereby certifies that:
1. He/ she is authorized to sign the application.
2. He/ she agrees and consents that the Strategic Trade and Management Office (STMO) may collect, use, disclose,
and process the personal information set out in this document pursuant to Republic Act No. 10173.
3. He/ she authorizes the representatives of the STMO and the Philippine law enforcement authorities to verify/validate
the contents stated herein and access documentations and premises, when necessary.
4. He/ she agrees that any information in this document that are marked confidential business information shall not be
disclosed to any other party except in the furtherance of justice and law enforcement, national security, or foreign
policy interest.
5. He/ she has read and understood his/ her obligations under the Strategic Trade Management Act (STMA) and its
Implementing Rules and Regulations (IRR).
6. He/she shall notify the STMO in writing within 5 working days if the circumstances or information to the current
application are subject to change.
7. He/ she warrants that the foregoing document has been accomplished by him/ her, and is a true and correct and
complete statement pursuant to pertinent laws, rules and regulations of the Republic of the Philippines.
8. By signing below, he/ she warrants that he/ she have read, understood and agreed to the above provisions.
18 Conforme:
Name: Stamp (if applicable):
Title:
Signature: Date:
This certifies that
ABC Inc.
Ayala Avenue,
Makati City, Metro Manila, Philippines
Certificate of Registration
on February 24, 2019 , in MAKATI CITY, Philippines.
This certificate is not a license to engage in the trade of strategic goods and related services.