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.

http://www.omb.gov.ph/


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


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;


(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


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


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



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.


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.


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



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)


APPLICATION FORM FOR REGISTRATION


HOW TO APPLY FOR A REPLICATION PERMIT

ST

EP

S



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.


Registry Unit Frontline Receiving

Officer

15-20 mins.

Assess the required fees for the Permit and gives the Assessment Slip to the Client




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


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

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)


APPLICATION FORM FOR REPLICATION


HOW TO APPLY FOR AN IMPORT/EXPORT PERMIT

ST

EP

S



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&section=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.


Registry Unit Frontline

Receiving Officers

15-20 mins

Assess the required fees for the Permit and gives the Assessment Slip to the Client









ST

EP

S



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


APPLICATION FORM FOR IMPORT


APPLICATION FORM FOR EXPORT


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


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.


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


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.



Clients of OMB may send their INQUIRIES, COMPLAINTS, and COMMENTS thru:

PUBLIC INFORMATION AND COMMUNICATIONS OFFICE

Email : [email protected] Telefax: (02) 7905-1678

mailto:[email protected].


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


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


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


Documents

CHARTER - Optical Media Board | Republic of the Philippines