REPUBLIC OF THE PHILIPPINES
‘DEPARTMENT OF FINANCE
BUREAU OF CUSTOMS
MANILA 1099
0.3 MAR 2006
cisions menor sNouM ORDER
RULES AND REGULATIONS GOVERNING THE
ACCREDITATION OF CUSTOMS —_ BROKERS:
TRANSACTING WITH THE BUREAU OF CUSTOMS AND
FOR OTHER PURPOSES.
By authonity of Sections 602 and 608 of the Tariff and Customs Cade of 1978
that defines the generat duties, powers and jurisdiction of the Bureau of Customs
and R.A. 9260 regulating the practice of the Customs Brokers Profession in the
Philippines, and pursuant to Customs Administrative Order No. 3-2006 dated
March 2, 2006, the following rules and regulations gaveming the aecreditetion of
customs brokers transacting with the Bureau of Customs are hereby promulgated
for the information and guidance of all concemed
PART I- GENERAL PROVISIONS
1. Objectives
1.1 To ensure the effective and proper enforcement of the Tariff end
Customs Laws and all other laws, rules and regulations relating to
the Tariff and Customs Administration.
4.2 To prevent and suppress all forms of smuggling and other frauds
against customs revenue
1.4 To regulate the conduct of customs brokers transacting with the
Bureau of Customs
2% Definition of Terms.
When used in these rules and reguistions, unless the context provide
otherwise, the following terms or phrases shall have the meaning indicated:
21 ‘Customs Broker’ refers to any bona fide holder of 2 valid
Certificate of Registration/Professianal identification Card issued by
the Professional Reguiaiory Board and the Professiansi Reguiation
Commission, who is accredited to practice in the Bureau of
Custems.
22 ‘Custems Broker Practice” refers to the professional services
rendered by a customs broker in the Bureau of Customs. pursuant
to the pertinent previsions of Section 6, Customs Brokers Act of
2006 Sa —
ae3
Oe
L ont
BS “BOC: refers 10 tne Bureau of Customs or any of fs officartofncia
Saw than the Commnissianer, duly authorized to represent the said
office.
24 -Commissioner” refers the Commissioner of Customs.
25 "PRC" refers to the Professional Regulation Commission.
2 — “PRECB® reiers to the Professional Regulatory Board for Customs
Brokers created pursuant to Section § of R.A. 9260.
27 “LS" refers to the Legal Service of the Bureau of Customs
2.8 — “CAS* refers to the Customs Accreditation Seeretariat of the Legal
Service.
29 “APO” refers to Accredited Professional Organization. For
purposes of these regulations, t refers to he Chamber of Cust
Beers. Ine. (CCB) oF any professional organization of customs
prokers which is or may hereafter be accredited by the PRC.
hecrecitation of Customs Brokers Required in Transacting with the
Bureau of Customs.
Accreditation is the process for registration andlor listing of customs Brest
Gesiing to engage in customs Brokers practice. Gustamns Boke desiring
to pracice their profession at the BOC shall apply for ‘accreditation end
seen a Gertticate of Accrecitatton before they may engage in customs
brokers practice,
Transaction for which Accreditation is net Required
‘An accreditation from the BOG is not required in the foflowing transactions.
Ju) Ferone’s own account: —A person dealing in qustoms anc! tor
vecresction® at the Bureau of Customs solely for his own aecourt
{ranseetetn behalf of another exoent in the customs clearance of
ates of 9 commercial naluré of quantity. and these required fo be
‘declared in a formal entry.
42 AS bona {fide customs representative (personero} of 8 FeSO
Ae er and acting solely for his employer, subject to the following
conditiens:
42.4 His name appears on the certified list of customs
representative or any addilion thereto submitted by @
customs broker, and
422 Help enolaer of a valid Customs Pass duly Issued By the
Ess.
43 Mai importations. — No registration is required of persons Came
Matalin posts offices subject te customs Clearance, Prat °°
Barely Bronided, ‘That the parson claiming the mail =. we
saieckee showin on the parcel being cleared and posiively
aa eee va a val ID card, and thal the parcel does not contain
aa f =
age 28 tnd +0
articles in commercial quantity required to be deciared in a formal
entryfinformal entry.
4.4 Diplomatic pouches and shipment claimed by authorized
representative of the foreign embassy, consulate, legation or
specializad agency of the United Nations concerned except non-
diplomatic. shipments consigned 0 Non diplomatic officials or
employees of said offices.
PART Il - ADMINISTRATIVE PROVISIONS
4. Accreditation Office:
1.1 The Legal Service (LS) through the Customs Accreditation
Secretariat (CAS) shal be responsible for processing the
applications for accreditstion of customs brokers desiring to
conduct their business with the Bureau of Customs or any
representative thereof.
1.2 The GAS shall perform the following:
1.2.1, ReceivelProcess applications for acoreditation of
customs brokers with complete supparting documents
duly endorsed by the APO and/or PRBCB.
4.22, Recommend approval to the LS Director, Provided that,
in case of disapproval of the application; a Notice of
Disapproval clearly stating the grounds therefor shall be
signed and served ta the applicant, copy furnished the
Commissioner, APO and the PRECB
1.2.3. Keep and maintain a 201 File of all customs brokers
applying for accreditation, with the compiete record of the
applications and final disposition and ail other relevant
maiters such as records of investigations involving
violations of law and/or customs rules and regulations.
124 Such other tasks 2s may be directed by the
‘Commissioner from time to tima,
2. Appeal to the Gommissioner.
2.4 The decision of the LS Director to disapprove an application for
acoredilation may be appealed to the Commissioner by filing a
notice of appeal with the LS/CAS within fifteen (15) days from
receipt of the notice of disapproval, without prejudice to the fling of
2 new application if the ground or basis for thé disapproval of the
original application no ionger exists
22 The Commissioner shail decide the appeal within thirty (20) days
from receipt of the records from the CAS.
seeds fromthe GAS