4. Formulates revenue policies
ensure funding of critical government programs that
promote welfare
And acceleration of economic growth and stability.
Revenue generation
Resource mobilization
Debt management
Financial market development
Functions
5.
6. Chairman of the Economic Development
Cluster of the President’s Cabinet
DTI Secretary (2004-2005), DOF Secretary
in 2005
Governor for Ph at the ADB, World Bank;
Alternate Gov. at International Monetary
Fund
Alumni Merit Awardee for the Kellogg
Graduate School of Management in
Northwestern Alumni University Awards
(2014)
Four-time Finance Minister of the Year
Doctor of Humanities, Honoris Causa,
Angeles University
Certified Public Accountant De La Salle
University
Chairman and Managing Partner of the
country’s largest professional services
firm, SGV & Co (1999 – 2004)
named Fellow of the Eminent Southeast
Asians Programme of the Singapore
International Foundation in (2003)
Cesar V. Purisima
Finance Secretary
2010 - present
8. •Budget Call
•December
Department of
Budget Management
•Proposals from different
divisions (income-
generating Bureaus)
•March
•Actual obligations
•Current Expenses
Department of
Finance
•All proposals are consolidated by one
person
•Should contain
•Personal Expenses
•Maintenance and Other Operating
Expenses
•Capital Outlay
•May or June
•Expected final: November
Department of
Finance
Annual Budgeting
9. • Proposals from different divisionsDepartment of Finance
• + or -
• Analysis
Department of Budget
Management
•Becomes President’s Proposal
•Or National Expenditure Program
Department of Finance
•Defense of DOF’s Budget Proposal by Undersecretary of Finance,
Director, Technical Staff
•To Sponsor Congressman
Subcommittee Meeting
• Sponsor Congressman defends the Budget
Proposal
Plenary Hearing | House of
Representatives
•Defense of DOF’s Budget Proposal by Secretary of
Finance
•To Sponsor Senators
Subcommittee Meeting
• Sponsor Senators defend the Budget ProposalSenate
•Becomes the General Appropriations ActSignature of the President of the
Philippines
10. General Provision
- Expenditure of allowance allocated
Official Discretionary Fund
Special Allotment Release Order
- Right to obligate to pay ( Budgeting )
Notice of Cash Allocation
- Authority to pay ( Accounting )
Technical Malversasion
- Dispense money without conforming to the rules of the CoA
- Administrative case
Annual Budgeting
11. Reports
- monthly report to CoA
Misuse
- A. O. M. – disallowance
Excess
- Goes to National Treasury
Appraisals
- Lowest bidders
Annual Budgeting
12.
13.
14. History
Manila-Acapulco
Galleon Trade
(1564)
1st Customs House:
Customs Service of
Manila is organized
(1573)
Anchorage fees on
visiting Chinese
junks.
(1575)
Opium use was
legalized but limited
to Sangleys
(1780)
Galleon Trade begins
(1600)
3% tax on trade with
China.
1st Parian is
established
(1581)
15. History
1st formal customs
house to utilize silk
as tax payment for
imports from China:
Royal Silk market of
St. Ferdinand
(1782)
Port of Manila was
opened to Asian
shipping
(1782)
End of Galleon
Trade.
Real Compania de
Filipinas was
established.
(1815)
Suez Canal opened
(1869)
Royal Decree
opened Port of
Manila and the
Philippines to
international trade.
(1834)
Port of Manila was
declared a free port
(1832)
16. History
America intrudes Philippine
Affairs.
Manila Customs House; Spanish
tariff System was in use.
1st Collector of Customs: C.A.
Whittier
(1898)
1st Collector of
Customs under the
American Civil
Government
(1901)
US Tariff Act was
passed
(1909)
Ph gains independence
from US.
Tariff Law remained in
force
(1946)
Phil. Customs Service
became Bureau of
Customs and
Immigration
Commonwealth Act No
613 made Immigration
as separate Bureau
17. History
Tariff and Customs
Code was amended
(1972)
BoC celebrated its
centennial
Anniversary
(2002)
BoC was reorganized
pursuant to Customs Admin.
Order No. 4-65
(1965)
Tariff and Customs Code
of the Ph (R.A. No. 1937)
Was enacted by Congress
(1953)
18. Pre-Spanish:
barter system
datus or rajahs collected tributes before a person may be engaged in trading
Spanish:
Spanish Customs Law.
Ad valorem levied on import and export
Tariff Board collected uniform 10% ad valorem duty
Tariff Code(1891)
American:
Tariff Revision Law of 1901
Captain of the Port became Collector of Customs
Tariff Revision Law of 1902 (imports from USA were exempted from tariff)
Phil. Admin. Act No. 355 was passed on Feb. 6, 1902 establishing the Phil. Customs Service
Public Act No. 430 renamed it as Bureau of Customs and Immigration
Commonwealth:
The two became separate bureaus
R.A. No.1937 provided for the Tariff Law of the Republic of the Phil. In 1957 (1st official expression of
autonomous Tariff policy
The Republic:
Bureau Reorganization
History
19. Statutory and Regulatory provisions concerning:
Import and export of goods
Administrations and enforcement of rules and
regulations made by the BOC
Includes Tariff and Customs Code of the Ph
Applies to all “Articles” coming within the territorial
waters of the Ph on board vessels intending to unload
on or after the said date
Customs Law
20. An authority or agency in a country responsible for
collecting customs duties and taxes for controlling
the flow of animals and goods in and out a country
Depending on local legislation and regulations, the
import or export of some goods may be prohibited,
restricted or regulated, and the agency enforces
these rules.
Customs
21. A modernized and efficient customs administration that
every Filipino can trust and be proud of.
Vision
22. To assess and collect lawful revenues efficiently
To effectively curb illicit trade and all forms of
customs fraud
To facilitate trade in a secured manner
To implement relevant technology for an efficient and
effective customs management aligned with the
international customs best practices
To promote professionalism and integrity in the
service
Mission
23. Assessment and collection of lawful revenues from
importer articles and all other dues, fees, charges,
fines, and penalties accruing under the tariff and
customs law
Prevention and suppression of smuggling and other
frauds upon the revenue
Primary Functions
24. Supervision and control over the entrance and
clearance of vessels and aircraft engaged in foreign
commerce
Enforcement of the tariff and customs laws and all
other laws, rules and regulations relating to the tariff
and customs administration
Ancillary Functions
25. Supervision and control over the handling of foreign mails
arriving in the Ph for the collection of the lawful duty on
the dutiable articles thus imported and the prevention of
smuggling through the medium of such mails
Supervise and control all import and export cargoes,
landed of stored in piers, airports, terminal facilities,
including container yards and container freight stations,
for the protection of government revenue
Exercise exclusive original jurisdiction over seizure and
forfeiture cases under the tariff and customs law
Ancillary Functions
26. 1) Prevent smuggling and other frauds
2) Control vessels/aircraft’s doing foreign trade
3) Enforce tariff and customs laws
4) Control the handling of foreign mails for revenues
and prevention purposes
5) Control import and export cargoes
6) Jurisdiction over forfeiture and seizure cases
Responsibilities
31. • Interest in forwarding industry
• established the logistics company, AIR21 and
the Cargohaus Inc., U-Ocean Philippines Inc.,
and U-Freight Philippines, Inc., to name a
few
• Chairman of the Lina Group of Companies
and the PhilCycling.
• "Speed, integrity, and efficiency will be our
trademarks.”
• levelling the playing field by ensuring
fair, efficient, speedy, and hospitable
services;
• battling corruption;
• continuing to decongest ports and
improve systemic interventions by
adapting to a growing economy getting
busier every season;
• optimum performance from each and
every officer and employee to
transform the Bureau into a proactive
organisation.
Alberto Lina
Commissioner OF Bureau of Customs
32. Collect customs duties, taxes; account for all
revenues
Exercise police authority
Prevent and suppress smuggling, pilferage and all
economic frauds within all ports of entry
Supervise, control all exports, imports; administer all
legal requirements
Functions of Commissioner
(Exec. Order No. 127)
33. Bureau of Customs
Commissioners
AprIL 2015 – Present ALBERTO LINA
December 2013 – April 2015 JOHN P. SEVILLA
September 2011 - December
2013
ROZANNO RUFINO B. BIAZON
July 2010 - September 2011 ANGELITO A. ALVAREZ
Jan 2006 - July 2010 NAPOLEON L. MORALES
July - Dec 2005 ALEXANDER M. AREVALO
2005- 2005 ALBERTO D. LINA
2004- 2005 GEORGE M. JEREOS
2002 - 2004 ANTONIO M. BERNARDO
2001 - 2002 TITUS B. VILLANUEVA
1999 - 2001 RENATO A. AMPIL
1998 - 1999 NELSON A. TAN
1998 - 1998 PEDRO C. MENDOZA JR.
1992 - 1998 GUILLERMO L. PARAYNO JR.
1991 - 1992 TOMAS V. APACIBLE
1987 - 1991 SALVADOR M. MISON
1987 - 1987 ALEXANDER A. PADILLA
1986 - 1987 WIGBERTO E. TAÑADA
1977 - 1986 RAMON J. FAROLAN
1975 - 1977 ALFREDO PIO DE RODA JR.
1968 - 1975 ROLANDO G. GEOTINA
1965 - 1968 JUAN PONCE ENRILE
1965 - 1966 JACINTO T. GAVINO
1965 - 1965 PABLO C. MARIANO
1964 - 1965 ALFREDO D. DE JOYA
1964 - 1964 JOSE D. LINGAD
1963 - 1964 RODRIGO D. PEREZ JR.
1962 - 1963 NORBERTO ROMUALDEZ
1962 - 1962 CESAR C. CLIMACO
1961 - 1961 ROLANDO G. GEOTINA
1960 - 1961 ELEUTERIO CAPAPAS
1960 - 1960 TIMOTEO Y. ASERON
1957 - 1960 ELEUTERIO CAPAPAS
1955 - 1957 MANUEL P. MANAHAN
1954 - 1955 JAIME VELASQUEZ
1950 - 1954 ALFREDO V. JACINTO
1947 - 1950 ALFREDO DE LEON
34. Assessment
and
Operations
Coordinating
Gathers and
publishes values
of commodities
imported
Monitors
implementation
of rules and
regulations
Intelligence
and
Enforcement
Gathers
information
inquiry and
investigation
police authority
Management
Information
System and
Technology
Supports the
aim of BOC to
assume direct
management
and control of
IT facilities and
services
Internal
Administration
Assists
Commissioner
in policy
formulation
Revenue
Collection
Monitoring
Accounting of
revenues
collected
Administers
legal
requirements of
BOC
Audits
liquidated
entries and
bonds
Functions of Groups
35. Functions
Verify vessel’s arrival and vessel’s registry number ;
receives bill of lading, commercial invoice, packing list ,
import permit
Computation of duties and taxes
Lodgement of Single Administrative Document
Customs Broker
36. R.A. No. 9280 , Customs
Brokers Act of 2004 – enacted
on March 30, 2004; regulates
the practice of customs
brokers
Customs Broker – person duly
accredited to practice in the
Bureau of Customs; bona fide
holder of a valid certificate of
Registration/Professional
Regulation Commission
Chamber of Customs Brokers,
Inc. -
• Established in 1990
• Current President: Dennis
del Pilar
• Active Brokers (as of June
2015): about 2,000
members
37. Expeditious advances of technology
competition borne by globalization
Dictates in the conduct of businesses, individual
travels and consumer demands by the World Trade
Org.(WTO), the General Agreement on Tariffs and
Trade(GATT), and ASEAN Free Trade
Agreement(AFTA)
Growth of smuggling, drug trafficking, money
laundering, movements of prohibited cargoes
Challenges
38. 160 member states; Geneva, Switzerland
headquarters
Aim: Regulation of trade
One member state grants benefit to one member
state; must grant the same benefit to all states
Exception to the Most Favored Nation Principle: Free
Trade Zones: NAFTA, MERCOSUR, EU, ASEAN
World Trade Org. (WTO)
39. 1945, as result of WWII economic problems
Anti-dumping law – prevented countries from dumping exports at
lower price
117 countries in 1994
1994 WTO place to negotiate reduction trade barriers,
enforce trade rules, disagreements
Effects:
Global trade development
Cheaper consumption, diverse supply of goods
Producers found new markets and employment
Promoted and secured liberalization in trade
Reduce trade barriers and tariff
General Agreement of Tariff and
Trade (GATT)
40. 10 member states
3 Pillars: Political, Economic, Socio-cultural
Communities
2007 Summit 2015: Free flow of goods, services,
investments, capital and skilled labour
1 production-based market, 0 tariff rates, all non-tariff
barriers will be abolished
One ASEAN community
Assoc. of Southeast Asian Nations
(ASEAN)
41. Trade and Investment Liberalization- reduces tariffs
and other barriers to trade and investment
Business Facilitation – reduces the costs of business
transaction by improving access to trade information
and aligning business policy and strategies to
facilitate growth, and free and open trade.
Reduction of tariff – positively impacts trade and
investment and overall development
Asia-Pacific Economic Cooperation
(APEC)
42. “An act of any person or any agency who shall
fraudulently import or bring into the Philippines or
assist in so doing any article contrary to law shall
receive, conceal, buy, sell or in any manner facilitate
the transportation, concealment, or sale of such
article after importation, knowing the same to have
been imported contrary to law.” (Sec.3602)
Smuggling
43. poses serious and direct threat to the national
economy by:
1. depriving the government of the much needed
revenues
2. unfairly competing with legitimate businesses
3. to the national security through the entry of illegal
drugs or prohibited articles in the country
Anti-Smuggling Campaign
44. Phil. Port Authority
Phil. National Police
Presidential Anti-Organized Crime Commission Special
Projects Group
Maritime Industry Authority
National Intelligence Coordinating Agency
Armed Forces of the Philippines
Department of Justice
Other Agencies involved in the
campaign
45. The Tariff Commission
Phil. Ports Authority
Board of Investments
Garments and Textile Export Board
Phil. Economic Zone
Bureau of Import Services
Phil. Shippers Bureau
Other Agencies that aid in the enforcement of
import and export rules
46. 10% of the fair market value of the smuggled and
confiscated goods (P 1M per case) shall be given to
informers instrumental in the discovery and seizure of
such goods
Governed by Sec. 3515, TCCP
Reward
47. Domestic port open to both foreign and domestic
trade
Principal Port of Entry – chief port of entry of the
collection district wherein it is situated; has a
customhouse, and is the permanent station of the
District Collector
Sub-port of Entry – headed by a Port Collector of
Customs, under the District Collector’s jurisdiction
Port of Entry
(Collection District)
48. Collects duties, taxes and other charges
Exercises police powers
Supervises the entrance and clearance of vessels
engaged in foreign trade
Supervises and controls handling of foreign mail
Supervises all import and export cargoes and freight
stations
District Collector of Customs
49. District Ports of Entry Sub-Port of Entry
I San Fernando EPZA Baguio; Sual; Salomague
II-A Manila Masinloc, FTI Customhouse; Post Office; Rosario EPZA-Cavite, PEZA Laguna
II-B MICP North Harbor
III NAIA Manila Domestic Airport; Airmall Distribution Center
IV Batangas Puerto Princesa-Palawan; Siain-Quezon
V Legaspi Jose Panganiban-Camarines Norte; Tabaco-Albay
VI Iloilo Pulupandan-Iloilo
VII Cebu Mactan International Airport; Dumaguete
VIII Tacloban Isabel-Leyte; Catbalogan-Samara; San Jose-Leyte
IX Surigao Bislig; Nasipit
X Cagayan de Oro Ozamis; Iligan
XI Zamboanga Zamboanga International Airport, Jolo, Tawi-tawi, Basilan, Sulu
XII Davao Dadiangas, Parang
XIII Subic
XIV Clark International Airport
XV Port of Aparri Irene, Curimao, Loaog International Airport
XVI Port of Limay Mariveles
Ports and Sub-Ports
50.
51.
52. Republic Act No. 1937 , Tariff and Customs Code of
the Philippines
2 books:
Tariff Law
Customs Law
Tariff and Customs Code
53. Anything that may be made the subject of
importation or exportation
Articles
54. All cargoes coming into the country
To bring goods into a domestic port from a foreign
country
Nothing is imported until it comes within the limits of
the port
Import
57. GR: All articles, imported to the Ph, whether
subjected to duty or not, shall be entered through a
Customhouse at a port of entry, regardless of its
nature or ownership
Reason:
To ensure the proper collection of duties and taxes
National security purpose, protection to local industry,
securing public health
Rules on Articles
58. XPN:
Articles for the official use of foreign embassies,
legations, consular officers and other representatives of
foreign government
Provided:
Privilege shall accord like privileges to corresponding
agencies of the Ph
Upon specific instruction of the Finance Secretary
Rules on Articles
59. Firearms and parts thereof, any types of replicas, explosives and
ammunition.
Printed subversive, obscene and pornographic materials
Drugs or substances aiding abortion
Gambling machines and articles of such (jackpot or pinball
machines, lottery sweepstakes
Tickets, coin operated video machines
Any precious metals without indications of actual fineness of quality
Misbranded adulterated drugs or foodstuffs
Prohibited drugs and plants/ seeds that prohibited drugs are made
of (coca leaves, poppy, marihuana) as well as smoking pipes and
parts thereof
Prohibited Articles
60. Undervaluation - assigned too low a value
Misclassification –assigned to the wrong category
Misdeclaration – declared incorrect information
(weight, measurement, quantity)
Less than by at least 10% (not more than 30%) than
should be legally collected
Undervaluation, Misclassification,
Misdeclaration
61. Ex Computation for Undervaluation:
Duty as found –
Duty as declared = Percentage difference
Duty as appraised/found
Declared value per unit = $1.00
Value as found/appraise = $1.20
$1.20
- $1.00
= $0.20 =16.17%
$1.20
Computation
62. Not less than the difference between the full duty
and the estimated duty as declared by importer
If misdeclaration/undervaluation is intentional,
importer is subject to penal provision of Sec 3602,
TCCP
Exceeding 30% is fraud penalized by Sec. 2530
Surcharge
63. Duties and Taxes
Duty
Charged by government on
import and export of goods
Imposed upon imports and
exports
Narrow scope
Tax
Mandatory obligation payable
to the government
Imposed upon income,
property, services, etc.
Wide scope
64. F.O.B (terms of shipment)
Freight
Insurance
Dutiable Value (US$)
x Exchange Rate (Php)
Taxable Value
x Rate of Duty (5% or 0%)
Customs Duty
Duties and Taxes
65. Taxable Value
Customs Duty
Brokerage Fee
Arrastre Fee
Wharfage Fee (PPA)
Customs Stamp
Import Processing Fee (Global Tax)
L.C.
--- x x
x 12 % VAT
VAT
Duties and Taxes
67. Letter of Credit
Commercial invoice
Clearance
Bill of Lading
Documents for Importing and
Exporting
68. basically a guarantee or promise by a bank on behalf
of the buyer to pay the seller a specified sum in the
agreed currency, provided that the seller submits the
required documents by a predetermined deadline.
Letter of Credit
69. Seller/Exporter
Beneficiary
Buyer /
Importer
Application
copy of L/C
IMPORT LETTER OF CREDIT ( L/C ) TRANSACTION
BPI
Global City ,
Taguig
Applies L/C to
Opening
Bank
.
Opening /
Issuing Bank
CITIBANK – New York
Advising / Negotiating Bank
Inquires the product & price lists …
70. Written account, or itemized statement of
merchandise shipped or sent to a purchaser,
consignee, factor, etc., with the quantity and value or
prices and charges annexed and may be as
appropriate to a consignment or a memorandum
shipment as it is to a sale
Bill or record of transaction between the seller and
buyer
Commercial Invoice
71. Electronic verification of licenses to prevent
fraudulent use or use of spurious documents
In conjunction with other agencies
Clearance
72. Document that establishes the terms of a contract
between a shipper and a transportation company.
Document of title, a contract of carriage and a receipt for
goods
3 important functions
Conveys title to the goods
Receipt of acknowledgment of the goods signed by the
carrier
Serves as a contract of transportation between the shipper
and the carrier
Bill of Lading
73. Import Process
Informal Entry
Articles intended for commerce dutiable value of which
is P200,000 or less
Personal household effects/ non-commercial articles
Formal Entry
May be for immediate consumption
Consumption Entry
Warehousing Entry
75. Republic Act No. 7925, March 1, 1995
Privately-owned and reputable IT Company accredited by the
Bureau of Customs
Extends the services being offered by the Bureau by being the
first line of contact of BOC clients for most business
transactions
Accredited:
eKonek Pilipinas
Cargo Data Exchange Center
InterCommerce Network Service
Crimson Logic Philippines, Inc.
Value Added Service Provider (VASP)
76. COLOR LANES
good to good; forward to Arrastre
payment; release
document inspection; comply
alert shipment (CISS, Office of
Commissioner)
shipment problem: underdeclaration,
goods; subject for physical inspection by
Examiner
77. VASP EPD
Release of cargo
FED
EntryProcessingDivision
Formal Entry Division
Collection
division
ARRASTRE/
Wharfage FCL
Warehouse
GREEN LANE YELLOW LANE RED LANE
ARRASTRE/
Wharfage LCL
Warehouse
CY CFS
FORMAL ENTRY PROCESS
Copied from: Customs Clearance Procedure, Louvie Dieron , Danna Nicole Maraña, slideshare, 2014
79. Warehouse Assessment Division
EPU
GREEN LANE YELLOW LANE RED LANE
WAD –Examination &
Appraisal
BONDS DIVISION
Pier and Inspection
Division
ARRASTRE /
WHARFAGE
Transfer of
Goods
Operating Division
MBWD/PBWD/GMBWD
IMPORT LETTER OF CREDIT ( L/C ) TRANSACTION
Copied from: Customs Clearance Procedure, Louvie Dieron , Danna Nicole Maraña, slideshare, 2014
80.
81.
82.
83.
84. retail establishments licensed by the government to
sell duty and tax free merchandise for the
convenience of travellers.
Government earns revenues from the operation of
these stores which are utilized to defray tourism and
other related projects.
Duty Free
85.
86. Exporter : will provide
Final booking number
Commercial invoice
Packing list
Bill of Lading
IMPORT SECURITY FILING
(ISF) on US only
Broker Receives : Bill of lading
Commercial Invoice
Packing List
BUYER
PURCHASE ORDER/
LETTER OF CREDIT (
LC)
Prepares : Export
Declaration (ED)
Copied from: Customs Clearance Procedure, Louvie Dieron , Danna Nicole Maraña, slideshare, 2014
EXPORT PROCEDURE
88. importers, exporters, customs brokers, forwarders,
and other entities duly accredited by the bureau
based on international standards and various national
best practices, and which are entitled to minimal
requirements for processing of goods.
offers certain benefits and incentives to certain
economic operators considered as BOC’s trusted
allies
Reduce processing periods
Authorized Economic Operator
Program
89. importers the opportunity to correct any erroneous,
inaccurate or insufficient information previously
declared to customs authorities by reason of pure
mistake, negligence or inadvertence.
compromise the imposition of fines
Voluntary Disclosure Program
90. to enhance BOC’s core and support ICT systems
nationwide
Through Internet-based and wireless technologies,
the Project will streamline imports and exports
processing and improve trade facilitation among BOC,
other government agencies and its stakeholders
anywhere, anytime—all towards the realization of the
National and ASEAN Single Windows
e2m Customs System
92. Two types:
Outright Smuggling
Technical Smuggling
Misclassification
Federation of Phil. Industries, Fight Illicit Trade
Movement
Smuggling
93. shipments of rice worth P1.2 B
counterfeit products, P621.95 M
vessels, P150 M
medicines, P62.7 M
motor vehicles, P50 M
ukay-ukay or used clothing P33.7 M
foodstuff, P32.7 M
other items violating the Intellectual Property Rights Law, P30 M
steel, P23.5 M
sugar and other agricultural products, P14.5 M
Smuggling
94.
95. Solicited for a bribe fell from 50% in 2012 to 44% in 2013
and 2014/15.
Only 13% of those solicited for a bribe reported it
23% said most companies in their line of business give
bribes to win private sector contracts
90% agreed "Corruption will be reduced by the
passage of a strong law on the right of the people to
information from the government."
Corruption
96. "Some importers and brokers would resort to bribery
just to make their transactions with the Bureau faster,
and at the same time, with little or no knowledge of
the import process, traders are often victimized or
exploited by unscrupulous Customs employees“
-John Sevilla, former Customs Commissioner
Corruption
97. as mandated by Pres. Ferdinand Marcos, should not
exceed $500 in value, otherwise, subject to tax
benefit extending only to balikbayan boxes by OFWs
who have intentions of returning to the country
Balikbayan Boxes
98. Why are they being opened?
To protect the legitimate interests of
consignors/senders and their consignees, in
particular, and the transacting public, in general;
To protect the interest of the government;
To prevent and suppress smuggling and other fraud
upon customs.
Balikbayan Boxes
99. Why are they being delayed?
Unforeseen circumstances and/or natural calamity like typhoon that sets
back the arrival of cargo carrying vessels;
Consolidated shipments are tainted by:
Undeclared and/or misdeclared goods;
Banned or regulated cargoes like firearms and ammunitions,
prohibited drugs, pornographic materials, gambling
materials/apparatus;
Goods in commercial quantity;
Consolidated shipments that are abandoned by the Philippine agent/
representative/ broker for reasons of non-remittance of funds by the
foreign freight forwarding entity/ consolidator.
Balikbayan Boxes
100.
101. to keep up with changing international standards
to make customs valuation and inspection procedures
more transparent and predictable
to implement automated procedures.
reduce logistic chain costs and enhance the country’s
competitiveness.
Customs Modernization and Tariff
Act
102. removal of the current de minimis (P 10.00)
adjust P10,000 value of Balikbayan boxes to P150,000
increased fines and penalties
use of Information Communications Technology (ICT)
Customs Modernization and Tariff
Act
103. Interviewees:
• Ma Luisa Notario
Budget Officer,
Department of Finance
• Mr. Marlon Bayona
Customs Broker
Editor's Notes
AOM – Audit Observation Memorandum
February 6, 1902
Phil. Customs Service
Customs commissioner in 2005
Resigned after Hello Garci Scandal
Necessity
facilitation and computation of duties and taxes
release of shipment
consultation regarding customs and tariff law
To be a Customs Broker:
holder of a Bachelor’s Degree in Customs Administration
Pass the Customs Broker Licensure Examination (CBLE)
Objectives of CCBI:
objectives:
to promote better understanding between the Customs Brokerage Industry and the Private Sector;
to serve as an advocacy group in its consultations with the Bureau of Customs;
to assist the Bureau Customs in the formulation of policies and operational reforms
to conduct continuing education program.
· 16; headed by District Collector
· each shall have as many sub-port districts to maximize revenue collection, prevent smuggling and economic fraud; headed by Port Collector
Imported Articles Subject to Duty
Rate of Duty
Prohibited importations
Customs Administration
BEGINS – carrying vessel or aircraft enters the jurisdiction of Ph with the intent to unlade therein
ENDS – upon payment of duties and taxes, secured permit to withdraw; legally left the jurisdiction of customs
ENTERED – specific entry form properly filed and accepted
WTIHDRAWN – duties, taxes have been paid and deposited with the BOC
Freely importable commodities - Neither regulated nor prohibited; not requiring clearance from agencies
Regulated commodities – requires clearance from appropriate government regulatory agencies
Prohibited commodities
Conditionally free importations – articles free from import duties as promulgated by Commissioner and approved by Secretary
- Under Section 105, TCCP
Take note of Agencies that cooperate with BOC in the entry and exit of articles in the country:
Bureau of Animal Industry (BAI) - health certificate of animals
Bureau of Fisheries and Aquatic Resources (BFAR). – fishes
Phytosanitary Certificate – plants; BUREAU OF QUARANTINE
Department of Agriculture - rice
NBI
Forfeited in favor of the government
Terms of sale
Shipment terms
Merchandise details
Merchandise value
Name of responsible employees
Facilitate processing of import and export declarations and clearance
Monitor and control entry of all types of imported goods
Monitor the cargo’s status in the clearance and release process
Promote paperless procedure (international standard)
Development and delivery of telecommunications serrvices in the pH – RA No. 7925
All passengers arriving from abroad can avail of the privilege within forty-eight (48) hours from date of arrival, upon presentation of valid passport, flight ticket and boarding pass.
Limits as to amount:
Balikbayans: 18 years old & above = US$2,000; Minors (below 18 years) = US$250.
All other Passengers: 18 years old & above = US$1,000; Minors (below 18 years) = US$250.
minimal requirements for processing of goods to duly accredited entities of the bureau
Benefits and incentivees
Clerical errors
Errors sa invoice na hindi gross ang negligence
OUTRIGHT SMUGGLING – no document involved; happens at the isolated beaches of archipelagos or southern backdoor or ports of entry through SWING OPERATORS
FITM: access to INWARD FOREIGN MANIFESTS (IFM) of carriers which indicates which container is brought in and what value. BoC denied as it may cause competitive advantage over companies
TECHNICAL SMUGGLING:
1. underevaluation -> created CUSTOMS VALUATION TEAM but Port Collector has last say; publish in trade journals instead as reference for values
2. underdeclaration of volume shipped -> access to INWARD SHIPPING MANIFEST
3. misclassification
4. diversion of cargo - tax and duty free imports intended for manufacture into exports are sold in the domestic market instead
- destined for free port zones (Clark and Subic) but are lost in transit in the Port of Manila
FPI, FITM – curb smuggling; it affects the competitiveness of corporations.
Causes:
Harm or Death of local industries
Massive layoffs, unemployment
Loss of govt lawful revenues
Abused privileges
600M $ loss of revenues on BB (could go higher, based on without duties, freight along pay)
Random inspection- If they have time to look into records of BB, they may make sure that this need not be opened anymore. Documents are sent late that they don’t have time to screen and check up. So random na lang. 4,000 boxes
Profiling – 2% are checked
TAMPERING - No cctvs and xrays at the side of forwarders. Plans for the nearest future. Then they may remove checking up of boxes unless there is a report from the intelligence group
Declare! Otherwise, there will be MISDECLARATION. Goods will be subject to seizure
Assignatory to Kyoto Convention
Member states ratified the Revised Kyoto Convention (RKC) of the World Customs Organization.
5-year period was targeted to bring Philippine domestic law into conformity with the RKC
In the 15th Congress the House approved the CMTA, but was unable to pass the measure
De minimis – since 1957; smallest in Asia. US de minimis $200
Joint Foreign Chambers (JFA) – supports
-open international trade, increased foreign investment, and improved conditions for
business to benefit both the Philippines and the countries