CHARTER - Optical Media Board | Republic of the Philippines
Transcript of CHARTER - Optical Media Board | Republic of the Philippines
Optical Media Board – Citizen’s Charter Page 1 of 27
` S
Republic of the Philippines Office of the President
OPTICAL MEDIA BOARD 35 Scout Limbaga St., Brgy. Laging Handa, Quezon City
Tel. No. (02) 7905-1678 www.omb.gov.ph
CITIZEN’S CHARTER
2019
In compliance with Republic Act 9485 or the Anti-Red Tape Act of 2007
passed in order to improve efficiency in the delivery of government service to the public by reducing bureaucratic red
tape, preventing graft and corruption, and providing penalties thereof.
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TABLE OF CONTENTS
Foreword ----------------------------------------------------------------------- 3 Republic Act No. 9239 ➢ OMB Mission & Vision ------------------------------------- 5 Service Pledge ------------------------------------------------------------- 6 Highlights of Republic Act No. 9239 ➢ Coverage ------------------------------------------------------ 7 Regulated Activities ------------------------------------------------------- 8 How to Apply for a License -------------------------------------------------9 ➢ Requirements for Registration &
Licensing ----------------------------------------------- 10 ➢ Application Form for Registration ------------------------ 11 How to Apply for a Replication Permit --------------------------------- 12 ➢ Requirements for Replication Permit ------------------- 13 ➢ Application Form for replication Permit ------------------ 14 How to Apply for an Import/Export Permit ----------------------------- 15 ➢ Requirements for Import/Export Permit ----------------- 16 ➢ Application Form for Import Permit ----------------------- 17 ➢ Application Form for Export Permit ---------------------- 18 How to Secure Clearance from Legal Division ➢ Sample Clearance from Legal Division ------------------ 19 What You Should Know About the Conduct of Inspection Operations on Your Business Premises --------------------- 20 Administrative Proceedings ------------------------------------------------- 21 Client Feedback Form -------------------------------------------------------- 22 Location Map - Head Office------------------------------------------------- 23 Satellite Offices
North Luzon----------------------------------------------------------- 24 Visayas----------------------------------------------------------------- 25 Mindanao ------------------------------------------------------------- 26
Social Media Handles--------------------------------------------------------- 27
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FOREWORD
The Optical Media Board, mandated to implement the
Optical Media Act of 2003 (Republic Act No. 9239) has
embarked on a strong campaign to protect and promote
intellectual property rights through the exercise of its
regulatory, enforcement and quasi- judicial functions.
Through the years of delivering quality frontline
services, OMB has established an output oriented
management of its services, hence and pursuant to
Resolution No. 081471 of the Civil Service Commission
on the Implementing Rules and Regulations of Republic
Act No. 9485, otherwise known as “The Anti-Red Tape
Act of 2007”, this Charter was crafted.
The Optical Media Board’s Citizen’s Charter serves as a
tool to equip the agency, a dynamic, stable and more
responsive delivery of public services anchored on OMB’s
principles of integrity, accountability and transparency. This
charter consists of the following relevant information,
ensuring to the public the performance standards the
agency adheres to:
(1) Mission and Vision, that fuels the agency into
a direction towards achieving the agency’s
aspirations;
(2) Step-by-step procedures in the application of
necessary licenses and permits containing the
requirements, timeline, and applicable fees;
(3) Conduct of inspection by the Enforcement and
Investigation Division;
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(4) Procedures being implemented by the
Legal Division on the issuance of clearances
and filing of administrative cases against
violators of R.A. 9239 ;
(5) Grievance redress mechanism to further
enhance and strengthen the frontline
transaction services, improve efficiency, and
prevent graft and corruption;
(6) Location maps and directories of OMB
Main Office and its satellite offices in North
Luzon, Visayas, and Mindanao.
With much conviction dedicated to its clients
(businesses engaging in the importation, exportation,
mastering and replication, manufacture, and sale of
optical and magnetic media and other storage devices)
and to its stakeholders in the film, music and software
industries, the Optical Media Board constantly develops
its procedures and strategies to keep abreast with the
rapid technical advancements and new enforcement
practices.
As the agency continues to intensify its efforts to deliver
a media piracy-free Philippines, OMB presents this
Citizen’s Charter as our commitment to provide
professional and competent public service.
Chair and Chief Executive Officer
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REPUBLIC ACT NO. 9239
An act regulating optical media, reorganizing for
the purpose the Videogram Regulatory Board, providing penalties therefore, and for other purposes.
This Act shall be known as the Optical Media Act of 2003
OMB MISSION
o protect and promote Intellectual Property Rights in Digital Form.
OMB VISION
n Economy that is Free from Optical Media Piracy Where there is a Level Playing Field for
All Legitimate Players.
T
A
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SERVICE PLEDGE
The Officers and Staff of the
ptical Media Board promises to help in the Development of a booming and robust Industry that is free from
optical media piracy.
onitor compliance with RA 9239 with your able assistance through Hotline (02) 9705-1678 and its
website www.omb.gov.ph
e responsible and answerable to the public by ensuring efficient and accurate service and with courteous
employees to attend to your needs Mondays to Fridays with No Noon Time Break.
O
M
B
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Highlights of Republic Act No. 9239 or the “Optical Media Act of 2003”
R.A. 9239 regulates the mastering, manufacturing, importation and exportation of optical discs, regardless of content.
Manufacturing equipment and materials are now regulated by law.
Special Economic Zones, Industrial Estates, Export Processing Zones and Free Trade Zones are included within the scope of the law.
R.A. 9239 also regulates CD burners used “for commercial purposes.”
The OMB hears and resolves administrative cases, and imposes fines and penalties.
R.A. 9239 transferred the function of the VRB over the classification of motion pictures for audience suitability to the Movie and Television Review and Classification Board.
Magnetic media continues to be regulated. Grants visitorial power to the OMB with Inspection Order signed by the Chair & Chief Executive Officer.
Coverage
The authority of the OMB shall cover the entire territory of the Republic of the Philippines including the economic zones as defined in this Act and in Republic Act No. 7916.
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REGULATED ACTIVITIES
Importation, exportation, acquisition, sale or distribution of optical media manufacturing
equipment, parts and accessories
Importation, exportation, acquisition, sale or distribution of manufacturing materials used
or intended for use in the mastering, manufacture or replication of optical media
Possession or operation of manufacturing
equipment, parts and accessories
Possession, acquisition, sale or use of manufacturing materials for the mastering,
manufacturing or replication of optical media
Mastering, manufacture, replication, importation or exportation of optical media
Importation, exportation, acquisition, sale or
distribution of magnetic media such as solid state drives (SDD), hard disc drives (HDD), secure digital card (SD card), flash/thumb
drives, and technical variations thereof.
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HOW TO APPLY FOR A LICENSE S
TE
PS
CLIENT / APPLICANT OMB PERSON
RESPONSIBLE DURATION
1
Secure OMB Application Form and list of requirements from the frontline receiving/assessing area (for walk-in applicants) or download them from the URL: www.omb.gov.ph
5 mins.
2
Submit duly filled-out and notarized Application form with complete requirements to Licensing Receiving/Assessing Clerk and pay the assessed licensing fees.
Check the form and / or documents for accuracy and completeness
Licensing Unit Frontline Receiving
Officer
15-20 mins. Assess the required fees for the License and give the Assessment Slip to the Client
Give the Official Receipt and Assessment Slip back after receipt of payment from the Client
Cash Unit Special Collecting
Officers / Collecting Officer
3
Present the Official Receipt and return the Assessment Slip to the Receiving/Assessing Officer for the issuance of duplicate as Applicant’s copy.
Check OR and secure the Assessment Slip. Issue the duplicate copy of the Application Form with the OR and date/time receipt Licensing Unit
Processing Officer
5 mins.
Review;jm n all processed Applications before forwarding it to the Legal Division for Clearance
Stamp “CLEARED” to applications with no pending cases and forward all cleared Licenses to the Executive Director’s Office
Legal Division Legal Assistant
4
Claim processed License from the Licensing Releasing Clerk after five (5) working days from the date of application. (New applicants are required to attend OMB orientation seminar) Present authorization letter with photocopy of valid ID if the person claiming is not the applicant.
Process and forward the Application to the Registration and Licensing Chief for notation then it is forwarded to the Executive Director’s Office.
Registration and Licensing Division
5-10 mins.
The Executive Director inscribes his initials and endorses the Licenses for the approval and final signature of the Chair & CEO
Executive Offices
Release of signed/approved License to the Client
Licensing Unit Frontline Releasing
Officer
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Requirements
1) Application Form
a. OMB Form No.1 ( Application for registration of Optical Media Business) b. OMB Form No.2 (Application for Accreditation)
2) Documentary requirements, as applicable:
a) FOR ALL APPLICANTS
1. Letter of Application addressed to the Chair; 2. Duly filled up and notarized application form; 3. Two (2) pieces latest 2x2 signed photo of the applicant 4. Picture of the establishment’s facade with permanent signboard 5. Comprehensive Location Sketch of Establishment 6. Floor plan of establishment 7. Tax Identification Number (T.I.N.) of business establishment 8. Contract from Source of Rights and/or Suppliers 9. Special Power of Attorney, if needed
b) FOR SINGLE PROPRIETOR
1. Certificate of Business Name from DTI 2. NBI Clearance
c) FOR PARTNERSHIPS AND CORPORATIONS
1. Articles of Incorporation and By-Laws or Articles of Partnership 2. Latest GIS with stamp receipt of SEC 3. Board Resolution with Secretary’s Certificate authorizing the applicant to sign in behalf of the Corporation. 4. List of officers and members of the Board and their Address and contact number/s
d) FOR FOREIGN NATIONALS
1. Alien Certificate of Registration
2. Passport (Photocopy, Present Original)
3. Visa
NOTE: OMB RESERVES THE RIGHT TO ASK FOR ADDITIONAL REQUIREMENTS AS NEEDED (MC 2005-001 dated May 9, 2005)
3) Schedule of fees, as applicable (MC 2006-006)
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APPLICATION FORM FOR REGISTRATION
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HOW TO APPLY FOR A REPLICATION PERMIT
ST
EP
S
CLIENT / APPLICANT OMB PERSON
RESPONSIBLE DURATION
1
Secure OMB Application Form for Replication Permit and list of requirements from the frontline receiving/ assessing area (for walk-in applicants) or download them from the URL: www.omb.gov.ph
5 mins.
2
Submit the duly filled-out and notarized Application Form with complete requirements to the Registry Receiving/Assessing Officer and pay the assessed fees.
Check the form and / or documents for accuracy and completeness
Registry Unit Frontline Receiving
Officer
15-20 mins.
Assess the required fees for the Permit and gives the Assessment Slip to the Client
Give the Official Receipt and Assessment Slip back after receipt of payment from the Client
Cash Unit Special Collecting
Officers / Collecting Officer
3
Present the Official Receipt and return the Assessment Slip to the Registry Receiving/ Assessing Officer for the issuance of duplicate as Applicant’s copy.
Check OR and secure the Assessment Slip. Issue the duplicate copy of the Application Form with the OR
Registry Unit
Assessing Officer
5-10 mins
4
Claim processed permits from the Registry Releasing Officer after five (5) working days or shorter provided that the requirements are complied with. Present authorization letter with photocopy of valid ID if the person claiming is not the applicant.
Process and encode the Application then forward the same to the Registration and Licensing(RLD) Chief for notation The RLD Chief reviews all processed Permits before it is forwarded to the Legal Division for Clearance.
Registry Unit Processing Officer
5 mins.
Stamp “CLEARED” to applications with no pending cases and forward all cleared Permits to the Executive Diretor’s Office
Legal Division Legal Assistant
The Executive Director inscribes his initials and endorses the Permit for the approval and final signature of the Chair & CEO
Executive Offices
Release of signed / approved permits to the Client
Registry Unit Frontline Releasing
Officer
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Requirements
1) Application Form
a. OMB Form No.8 ( Application for Replication Permit) b. Affidavit of Undertaking (downloadable)
2) Requirement for Replication Permit
a. Registration/License as Local Licensee
b. Duly accomplished application form for Replication Permit per film/album
title
c. Affidavit of Undertaking
d. Certified Copy of Contract and/or Certificate of Ownership from the Source of
Rights
e. Certified Copy of MTRCB Classification Certificate (not valid for audio
CD/DVD)
f. Certificate of Compliance from PARI( Phil Association of the Rec. ind Inc.)
(Optional)
g. Sample Disc (before replication) and Finished Product (after replication)
3) Fees
• Replication Fee: 200.00
• Recordation Fee: 100.00
• LD Clearance Fee 50.00
• Verification Fee: 500.00/contract (if applicant is not the copyright owner)
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APPLICATION FORM FOR REPLICATION
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HOW TO APPLY FOR AN IMPORT/EXPORT PERMIT
ST
EP
S
CLIENT / APPLICANT OMB PERSON
RESPONSIBLE DURATION
1.
Secure and fill out Application Forms for Import and/or Export Permit and list of requirements from the frontline receiving/ assessing area (for walk-in applicants) or download them from the URL: www.omb.gov.ph
2.
FOR REGULAR CLIENTS: a. Fill-out application form online
through the Philippine National Single Window
b. Print form number with the corresponding bar code number
c. Submit the duly filled-out and notarized forms to the Registry/Receiving/Assessing Officer then pay the required fees by presenting the Assessment Slip and payment to the Cashier.
FOR NEW AND ONE-TIME CLIENTS: a. Secure OMB Application Form
for Import and/or Export Permit and list of requirements from the frontline receiving/assessing area. Forms may also be downloaded from:
http://omb.gov.ph/ombnew/index.php?page=services§ion=import
b. Submit the duly filled-out and
notarized application form with complete requirements to the Registry Receiving/Assessing Officer for checking then pay the required fees by presenting the Assessment Slip and payment to the Cashier.
Check the form and / or documents for accuracy and completeness
Registry Unit Frontline
Receiving Officers
15-20 mins
Assess the required fees for the Permit and gives the Assessment Slip to the Client
Give the Official Receipt and Assessment Slip back after receipt of payment from the Client
Cash Unit Special Collecting
Officers / Collecting Officer
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ST
EP
S
CLIENT / APPLICANT OMB PERSON
RESPONSIBLE DURATION
3.
Present the Official Receipt and return the Assessment Slip to the Registry Receiving/ Assessing Officer for the issuance of duplicate as Applicant’s copy.
Check OR and secure the Assessment Slip. Issue the duplicate copy of the Application Form with the OR
Registry Unit 5 mins.
4
Claim processed permits from the Registry Releasing Officer after three (3) working days or shorter provided that the requirements are complied with. Present authorization letter with photocopy of valid ID if the person claiming is not the applicant.
Process and encode the Application then forward the same to the Registration and Licensing(RLD) Chief for notation The RLD Chief reviews all processed Permits before it is forwarded to the Legal Division for Clearance.
Registry Unit
Processing Officer
5 mins.
Stamp “CLEARED” to applications with no pending cases and forward all cleared Permits to the Executive Diretor’s Office
Legal Division
Legal Assistants
The Executive Director inscribes his initials and endorses the Permit for the approval and final signature of the Chair & CEO
Executive Offices
Release of signed / approved Permits to the Client
Registry Unit
Frontline Releasing Officer
Requirements 1. Application Form
• OMB Form No.10 (Import/Export Permit) 2. Requirement for Replication Permit
• Registration/License as Importer and/or Exporter
• Duly accomplished application form for Import/Export Clearance
• Affidavit of Undertaking
• Certified Copy of Contract and/or Certificate of Ownership from the Source of
Rights
• Air Way Bill or Bill of Lading
• Certified Copy of Commercial Invoice (Import) /Proforma Invoice (Export)
• Packing List
• Import/Export Permit Fee: P500.00/Way Bill or Bill of Lading
• Clearance Fee: P50.00
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APPLICATION FORM FOR IMPORT
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APPLICATION FORM FOR EXPORT
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HOW TO SECURE CLEARANCE FROM LEGAL DIVISION
Fee: ₱50.00 per LD Clearance
1. For one company per day for all importation 2. For one company per day for all exportation 3. For one company per day for all replication 4. Per Certification requested 5. Per License
Sample Clearance
ST
EP
S
CLIENT / APPLICANT
SERVICE
PROVIDER
PERSON RESPONSIBLE
DURATION
1. Forward application to the Legal Division for clearance purposes.
Check for any pending Administrative Case
Legal Division Legal Assistant
5 mins.
2.
Determine whether application should be cleared based on
database of active cases; Forward to the office of the Executive Director cleared application
Stamp Cleared or Hold on the application form
5 mins.
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WHAT YOU SHOULD KNOW ABOUT THE CONDUCT OF INSPECTION OPERATIONS
ON YOUR BUSINESS PREMISES
1. OMB operatives announce their presence,
authority and purpose, and serve Inspection
Order (I.O.) duly signed by the Chair and Chief
Executive Officer of the OMB, or his duly
authorized representative.
2. OMB operatives submit accomplished Inspection
Order and have the same received and duly signed
by the stall holder/owner or leave a tendered
copy of the I.O. by posting it in a conspicuous place
inside the stall if in case the owner abandoned the
stall or refuse to receive the same.
3. If in case the inspection is refused, OMB
operatives may employ reasonable force and may
arrest the person who evades, obstructs, or
refuses such inspection. Otherwise, file the
necessary administrative and/or criminal
complaint for refusal to be inspected.
4. OMB operatives shall take into preventive
custody all optical/magnetic media products,
video and audio equipment, receipts, ledgers and
the like which are suspected to be in violation of
R.A. 9239 and its IRR. There must be an inventory
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of the items placed under preventive custody
taken into account by the OMB Agents.
5. Inspection Orders, items placed in preventive
custody including its inventory, and all other
documents/evidence are then forwarded to the
OMB Legal Division.
ADMINISTRATIVE PROCEEDINGS
1. Administrative Proceeding shall be proceeded by filing of a complaint either by the OMB Agents/Operatives or Private Complainant with the Legal Division.
2. After finding probable cause, a Subpoena or Notice of Conference as the case may be shall then be issued by the OMB Legal Division.
3. OMB Legal Division shall conduct hearing on the
administrative case either through submission of position papers and/or actual appearance.
4. After the conduct of the hearings, the case will be
submitted for resolution. A recommendation by the OMB Legal Division through a draft resolution shall be submitted to the Chair and CEO.
5. Once decided/resolved, the Chair and CEO shall duly
sign the resolution, after which it shall be promulgated and a copy of which shall be given to the parties.
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Clients of OMB may send their INQUIRIES, COMPLAINTS, and COMMENTS thru:
PUBLIC INFORMATION AND COMMUNICATIONS OFFICE
Email : [email protected] Telefax: (02) 7905-1678
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NORTH LUZON SATELLITE OFFICE One Stop Shop Ground floor, New Building, Baguio City Hall, Baguio City 0917-4668455 Email: [email protected] Licensing Assistant: Hannie Von O. Diego
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VISAYAS SATELLITE OFFICE DTI Negosyo Center Causing-Lozada Building, Cor. Osmeña Blvd. & Lapu-Lapu St., Cebu City, Cebu Contact No.: (032) 255-7082 loc. 302 Email: [email protected] Licensing Assistant: Sheila V. Piezas
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MINDANAO SATELLITE OFFICE DTI Negosyo Center Door 7, Magsaysay Park Complex, Quezon Blvd., Poblacion, District, Davao City Contact No.: (082) 227-2870 Email: [email protected] Licensing Assistant: John Gerald A. Arangoso Irene C. Martelino
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