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7/26/22

2022 REVIEW ON
CUSTOMS DOCUMENTATION AND PROCEDURES
DAY 03 - CONDITIONALLY TAX AND/OR DUTY
EXEMPT IMPORTATION
CLaP REVIEW MATERIALS ARE PROTECTED UNDER THE
INTELLECTUAL PROPERTY LAW AND THE LAW OF KARMA.
THE MATERIALS ARE DISTRIBUTED TO THOSE ENROLLED IN
THE CBLE REVIEW FOR THEIR EXCLUSIVE USE ONLY.
ENROLLEES ARE NOT ALLOWED TO REPRODUCE,
DISTRIBUTE, SHARE UNDER THE PAIN OF CRIMINAL
PROSECUTION AND THE HARSH PUNISHMENT OF KARMA
OF DIFFICULTY IN PASSING THE CBLE AND DIFFICULTY IN
DEALING WITH CUSTOMS AND TARIFF MATTERS FOR LIFE.
UNAUTHORIZED RECIPIENTS ARE LIKEWISE FOREWARNED!
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LECTURE RECORDING IS NOT ALLOWED


CLaP Escolta lectures are protected under R.A. No. 4200 and
other laws, rules and regulations on recording of public
communication.

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CMTA GENERAL PROVISIONS ON CONDITIONALLY FREE AND/OR TAX IMPORTATIONS


COMPLIANCE FORMALITIES PRIOR PAYMENT OF D&T POWER TO WITHDRAW PRIVILEGE
Exempt from the payment of import That goods sold, bartered, hired or That the President may upon the
duties upon compliance with the used for purposes other than what recommendation of the Secretary of
formalities prescribed in the they were intended for and without Finance, suspend, disallow or
regulations which shall be prior payment of the duty, tax or completely withdraw, in whole or in
promulgated by the Commissioner other charges which would have part, any conditionally free
with the approval of the Secretary been due and payable at the time of importation.
of Finance: entry if the goods had NOT been
There are goods under the entered duty and/or tax free, shall
enumerations of Section be subject to forfeiture and the
800 that provide for duty importation shall constitute a
exemption and/or fraudulent practice against customs
exemption laws:
NIRC provides for tax Exception: Sale pursuant to a
exemption of certain goods judicial order or in liquidation
under the enumeration of the estate of a deceased
under Section 800 person, without prejudice to
the payment of duties, taxes
and other charges.
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CURRENT GENERAL RELEASE CONDITIONS AND PROCEDURES


1. Must be covered by Tax Exempt Indorsement (TEI) issued
by DOF. Applications to be applied with Revenue
Operations Group (ROG), an office under DOF
Undersecretary for Revenue Operations and Legal Affairs
Group (ROLAG).
2. In case of VAT and excise tax exemptions to be covered
by ATRIG issued by BIR.
1. generally agricultural goods in their original state for
human consumption
2. fertilizers, seeds, seedlings, feeds
3. cargo or passenger vessels
3. Excisable products in excess of quantity for personal use
shall be covered by the pertinent Import
Permit/Clearance or License. 4

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DOF RULES IN SECURING TAX EXEMPTION INDORSEMENT (TEI)

1. All applicants and 3. All applications for tax 5. Application for exemption
representative-brokers are exemption under the Mabuhay should be filed at least 10 days
required to complete a one- Lane directly indorsed or prior to the arrival of the
time registration process under transmitted by other goods, or as soon as
the Tax Exemption System government agencies will be practicable. Revenue Office
(TES-Lite). processed only upon shall only accept applications
2. All applications for tax submission of complete where the importation
exemption directly filed by documentary requirements occurred within 12 months
applicants or representative- and payment of the required from B/L/AWB issuance.
brokers to the Revenue Office filing fees 6. A prior authority to import
must be accompanied by a 4. Incomplete applications shall from DOF shall be valid only
filled up DOF-RO-PR-001-FR-91 not be accepted When a for maximum of 120 days.
REV. 0 of the Revenue office. document or information is Extension upon request may
found lacking only during be done once only for
evaluation of an application, maximum of 60 days
an email will be sent to the
applicant and broker. Required
documents must be submitted
within 2 working days,
otherwise, the application will
be returned for compliance.. 5

DOF RULES IN SECURING TAX EXEMPTION INDORSEMENT (TEI)

CONTINUATION OF DOF RULES IMPORTATIONS UNDER SECTION 800 THAT DO NOT


REQUIRE TEI
7. Documents to support an application must be All importations under Sec. 800 must secure TEI from
duly executed and/or signed by the appropriate DOF-RO, except:
parties. Rules on notarization and consularization a. Aquatic products;
of documents must be observed otherwise an b. Coffins and urns containing human remains;
application shall be returned without action. c. Accompanied goods of tourists, travelers and
8. Applications under Regular Lane must be belonging to foreign consultants rendering service
processed within 7 working days from receipt of to the government;
complete documentary requirements. d. Properly marked diplomatic pouches/bags
9. Applications under the Mabuhay Lane must be meeting the requirements of Article 27 of the
processed within 3 working days from receipt of Vienna Convention on Diplomatic Relations and
complete documentary requirements Optional Protocols. (CAO 6-2020, Sec. 4)

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CONDITIONAL IMPORTATIONS: refers to the customs


procedure known under the Revised Kyoto
Convention (RKC) as temporary admission in which
certain goods can be brought into a customs territory
conditionally relieved, totally or partially, from
payment of import duties and taxes; such goods must
be imported for a specific purpose and must be
intended for re-exportation within a specified period
and without having undergone any substantial change
except due to normal depreciation.

EQUIPMENT FOR USE IN THE SALVAGE OF VESSELS OR AIRCRAFTS

CMTA CONDITIONS TEI APPLICATION DOCS BOC CLEARANCE DOCS


1. Not available locally 1. Not included in the 2019 DOF RO 1. TEI with docs.
2. Upon identification Tax Exemption Manual 2. Goods Declaration
3. Security of 100% of ascertained 3. BL/AWB.
D&T conditioned for re- 4. Invoice/PL
exportation or payment of D&T 5. Security of 100% of
4. Re-exportation period of 6 ascertained D&T conditioned
months from acceptance of goods for re-exportation or
declaration which may be payment of D&T
extended by another 6 months 6. CI of the equipment once
entered and re-identified
upon re-exportation.

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GOODS BROUGHT INTO THE PHILIPPINES FOR REPAIR, PROCESSING


OR RECONDITIONING
CMTA CONDITIONS DOCUMENTS FOR TEI DOCS TO BE FILED WITH BOC:
APPLICATIONS FORMAL ENTRY
1. POSTING OF SECURITY 100% 1.COMPLETELY FILLED OUT DOF 1. TEI WITH ACCOMPANYING
OF ASCERTAINED D&T RO FORM NO. 91 DOCUMENTS
CONDITIONED FOR THE 2. NOTARIZED AFFIDAVIT OF END- 2. SECURITY EQUAL TO 100%
EXPORTATION THEREOF OR USE/OWNERSHIP D%T CONDITIONED TO
PAYMENT OF THE 3. SIGNED AND DATED BL/AWB EXPORTATION THEREOF, OR
CORRESPONDING DUTIES, 4. COMMERCIAL INVOICE PAYMENT D&T WITHIN 6
TAXES, AND OTHER CHARGES (PACKING LIST, IF APPLICABLE) MONTHS
2. RE-EXPORTATION PERIOD 6 5. CONTRACT/AGREEMENT 3. GOODS DECLARATION
MONTHS FROM ACCEPTANCE (REPAIR/PROCESSING/RECONDI (SAD);BL/AWB;
OF IMPORT ENTRY WITH NO TIONING) INVOICE/PACKING LIST
EXTENSION 6. SEC REGISTRATION
3. EXPORTED UPON REPAIR,
PROCESSING OR
CONDITIONING

PERSONAL AND HOUSEHOLD EFFECTS AND VEHICLES BELONGING TO FOREIGN


CONSULTANTS AND EXPERTS HIRED BY, OR RENDERING SERVICE TO, THE
GOVERNMENT, AND THEIR STAFF OR PERSONNEL AND FAMILIES
CMTA CONDITIONS TEI APPLICATION DOCS (If arriving BOC CLEARANCE DOCS
after arrival of consultant)
1. Accompanying or arriving within 1. DOF RO Form No. 91 1. TEI with docs.
a reasonable time from arrival 2. Notarized Affidavit of End- 2. Goods declaration, BL/AWB,
and not for sale, hire or barter Use/Ownership invoice, packing list;
2. Written commitment or 100% 3. Signed and dated BL/AWB 3. Security at 100% D&T
security of ascertained duties and 4. Invoice (Packing List, if applicable) conditioned to re-export within 3
taxes 5. Tax Identification Number months from expiration of
3. Re-exportation period of 3 6. Favorable recommendation for contract. Approval from
months from expiration of conditionally-free release from Commissioner required in case of
term/contract and extendible by the head of government agency written commitment.
another 3 months. 7. Original Passport or visa
8. Confirmation/Certificate from
the head of government agency
consignee is a foreign
consultant rendering service to
the government agency
9. Service contract
10. Original Authorization Letter (in
lieu of consignee) 10

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GOODS USED EXCLUSIVELY FOR PUBLIC ENTERTAINMENT, AND FOR DISPLAY IN PUBLIC EXPOSITIONS,
OR FOR EXHIBITION OR COMPETITION FOR PRIZES, AND DEVICES FOR PROJECTING PICTURES AND
PARTS AND APPURTENANCES THEREOF

CMTA PROVISIONS TEI APPLICATION DOCS BOC CLEARANCE DOCS


1. UPON IDENTIFICATION, 1. OUT DOF-RO FORM NO. 91. 1. TEI WITH DOCS.
EXAMINATION, AND 2. NOTARIZED AFFIDAVIT OF 2. SECURITY
APPRAISAL END-USE/OWNERSHIP. 3. GOODS DEC.
2. SECURITY - 100% OF D&T 3. SIGNED AND DATE BL/AWB. 4. BL/AWB.
3. RE-EXPORTATION PERIOD: 3 4. INVOICE (PL, IF APPLICABLE) 5. INVOICE/PL
MONTHS FROM THE DATE 5. CERTIFICATE OF VENUE AND Note: CI not in CAO 6-2020
OF ACCEPTANCE OF THE DATE
GOODS DECLARATION. 6. AUTHORIZATION FROM
EXTENDIBLE NOT TO EXHIBITOR IF CONSIGNED
EXCEED 3 MONTHS TO BROKER/FORWARDER

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TECHNICAL AND SCIENTIFIC FILMS NOT EXHIBITED FOR PROFIT

CMTA CONDITIONS TEI APPLICATION DOCS BOC CLEARANCE DOCS


1. If exhibited for profit, the 1. Not included in the DOF RO Tax 1. TEI documents;
proceeds shall be subject to Exemption Manual 2. Goods Declaration
confiscation in addition to 3. BL/AWB; and
penalties under CMTA Import Invoice/Packing List
2. Security= 100% ascertained D&T Motion pictures and accessories shall
3. Re-exportation period: 3 months only be released upon presentation of
from the date of acceptance of the permit from MTRCB.
goods declaration. extendible not Note: If the films is for exhibit and to
to exceed 3 months be re-exported then security is
required.
However, if the technical films and
scientific films when imported by
technical, cultural, and scientific
institutions shall not be re-exported
and not to be exhibited for profit shall
be exempt from payment of duty.

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CONTAINERS, HOLDERS AND OTHER SIMILAR RECEPTACLES OF ANY


MATERIAL
CMTA CONDITIONS TEI APPLICATION DOCS BOC CLEARANCE DOCS
1. INCLUDING KRAFT PAPER 1. DOF-RO FORM NO. 91 1. TEI WITH DOCS.
BAGS FOR LOCALLY 2. NOTARIZED AFFIDAVIT OF 2. GOODS DECLARATION,
MANUFACTURED CEMENT END-USE/OWNERSHIP. BL/AWB, INVOICE,
FOR EXPORT, INCLUDING 3. SIGNED AND DATED PACKING LIST;
CORRUGATED BOXES FOR BL/AWB. 3. SECURITY AT 100% D7T
FRESH FRUITS FOR CONDITIONED TO RE-
EXPORT, EXCEPT EXPORT WITHIN 6
CONTAINERS MADE OF MONTHS FROM
PAPER, PAPERBOARD A ACCEPTANCE OF GOODS
READILY IDENTIFIABLE DECLARATION
AND/OR REUSABLE FOR
SHIPMENT OR
TRANSPORTATION OF
GOODS
2. SECURITY - 100% D&T
3. 6 MONTHS RE-
EXPORTATION

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GOODS BROUGHT BY FOREIGN FILM PRODUCERS DIRECTLY AND EXCLUSIVELY


USED FOR MAKING OR RECORDING MOTION PICTURE FILMS IN THE PHILIPPINES
CMTA CONDITIONS TEI DOCUMENTS BOC CLEARANCE DOCS
1. UPON IDENTIFICATION, 1. DOF-RO FORM 91 1. TEI WITH DOCS
EXAMINATION AND 2. NOTARIZED AFFIDAVIT OF 2. AFFIDAVIT OF FOREIGN
APPRAISAL END-USE/OWNERSHIP FILM PRODUCERS STATING
2. SECURITY= 100% D&T 3. SIGNED AND DATED THAT GOODS ARE NOT
3. RE-EXPORTATION PERIOD: BL/AWB FOR SALE, BARTER, OR
3 MONTHS FROM 4. INVOICE (PL, IF HIRE BUT DIRECTLY AND
ACCEPTANCE OF GOODS APPLICABLE) EXCLUSIVELY USED FOR
DECLARATION UNLESS 5. CERTIFICATE OF VENUE MAKING MOTION PICURES
EXTENDED BY THE AND DATE ON LOCATION IN PHILS
DISTRICT COLLECTOR FOR 6. BROCHURE (AS NEEDED) AND ITEMIZED GOODS
ANOTHER 3 MONTHS WITH DESCRIPTIONS AND
VALUES.
3. CI
4. SECURITY
5. GOODS DECLARATION,
BL/AWB, INVOICE/PL

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TRAILER CHASSIS

CMTA CONDITIONS TEI APPLICATION DOCS BOC CLEARANCE DOCS


When imported by shipping 1. Not indicated in the DOF RO Tax 1. TEI documents;
Exemption Manual 2. Goods Declaration
companies for their exclusive use in
3. BL/AWB; and
handling containerized cargo, 4. Invoice/Packing List
upon posting a 100% D&T security to
re-export within 1 year from the date
of acceptance of the entry, which may
be extended by the Commissioner
from year to year, subject to the
following conditions: (1) Properly
identified and registered with LTO;
(2)Subject to customs supervision fee
to be fixed by the Collector and
subject to the approval of the
Commissioner; (3)Deposited in the
customs territory when not in use.
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PREVIOUSLY EXPORTED GOODS UNDER


SECTION 800, CMTA: EXCEPTION TO THE
GENERAL RULE THAT GOODS IMPORTED
INTO THE PHILIPPINE SUBJECT TO DUTY
EVEN IF PREVIOUSLY EXPORTED FROM
THE COUNTRY

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PREVIOUSLY EXPORTED GOODS AND RETURNED WITHOUT HAVING BEEN ADVANCED


IN VALUE, OR IMPROVED IN CONDITION BY ANY PROCESS OF MANUFACTURING OR
OTHER MEANS
CMTA CONDITIONS TEI APPLICATION DOCS BOC CLEARANCE DOCS
1. Includes instruments and 1. DOF-RO Form No. 91 1. TEI with docs
implements, tools of trade, 2. Notarized Affidavit of End- 2. CI or export docs evidencing
machinery and equipment, used use/Ownership previous exportation, whichever is
abroad by Filipino citizens in the 3. Signed and dated BL/AWB applicable
pursuit of their business, (Import) 3. Goods declaration
occupation or profession. 4. Invoice (PL, if applicable) (Import) 4. Import BL/AWB; Invoice/PL
2. Includes foreign goods previously 5. CI/Inspection/Loading
imported which are temporarily 6. Export Declaration; Export CMTA CONDITIONS:
sent abroad for exhibition, testing BL/AWB; Export Invoice/PL 4. Includes foreign containers
and experimentation, for scientific 7. Certification from foreign previously imported which have been
or education purposes. principal/buyer as to reason for used in packing exported PH goods
3. Where drawback or bounty given rejection and returned empty if imported or for
the re-importation shall be subject 8. OSS Certification of Non- the account of the person who
to duty equal to drawback or Availment of Duty Drawback if exported them and not for sale,
bounty given. export oriented (non-exhibit barter or hire subject to identification
goods)

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GOODS EXPORTED FROM PHILIPPINES FOR REPAIR, PROCESSING OR CONDITIONING


OR RECONDITIONING WITHOUT HAVING BEEN SUBSTANTIALLY ADVANCE IN VALUE

CMTA CONDITIONS TEI APPLICATION DOCS BOC CLEARANCE DOCS


1. Goods exported from the 1. DOF-RO Form No. 91 1. TEI with docs
Philippines for repair, processing 2. Notarized Affidavit of End- 2. CI or export docs evidencing
or reconditioning without having use/Ownership previous exportation, whichever
been substantially advanced in 3. Signed and dated BL/AWB is applicable
value, and subsequently (Import) 3. Goods declaration
reimported in its original form 4. Invoice (PL, if applicable) 4. Import BL/AWB; Invoice/PL
and in the same state. (Import)
2. That in case the reimported 5. CI/Inspection
goods advanced in value, 6. Export Declaration; Export
whether or not in their original BL/AWB; Export Invoice/PL
state, the value added shall be 7. Proof of Payment on original
subject to the applicable duty importation
rate of the tariff heading of the
reimported goods

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PHOTOGRAPHIC AND CINEMATOGRAPHIC FILMS, UNDERDEVELOPED EXPOSED


OUTSIDE PH BY RESIDENT FILIPINOS OR BY PRODUCING COMPANIES OF PH REGISTRY
CMTA CONDITIONS TEI APPLICATION DOCS BOC CLEARANCE DOCS
1. PRINCIPAL ACTORS AND 1. DOF-RO Form 91 5. AFFIDAVIT OF IMPORTER
ARTISTS EMPLOYED BY 2. Notarized Affidavit of End- STATING THAT: (1)
THE PRODUCTION ARE use/Ownership NEGATIVE FILMS,
FILIPINOS; 3. Signed and dated BL/AWB UNDEVELOPED, ARE THE
2. “ACTORS” AND “ARTISTS” 4. Invoice (PL, if applicable) SAME FILMS BROUGHT
INCLUDE PERSONS 5. CI and Inspection OUTSIDE OF PHILS WHERE
OPERATING THE 6. Brochure (as needed) THEY USED TO FILM
PHOTOGRAPHIC CAMERA BOC CLEARANCE DOCS. PICTURE (STATE TITLE OF
OR OTHER 1. TEI WITH DOCS FILM); (2) OWNER IS A
PHOTOGRAPHIC AND 2. GOODS DECLARATION, RESIDENT FILIPINO OR A
SOUND RECORDING BL/AWB, INVOICE, PL IF PRODUCING FILIPINO
APPARATUS. APPLICABLE COMPANY; (3) PRINCIPAL
3. AFFIDAVIT BY THE 3. CI BEFORE EXPORTATION ACTORS AND ARTISTS ARE
IMPORTER. 4. RE-IDENTIFICATION UPON FILIPINOS WITH THEIR
4. CERTIFICATE OF ENTRY NAMES
IDENTIFICATION (CI)

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IMPORTATIONS FOR
CONSUMPTION IN THE
CUSTOMS TERRITORY

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AQUATIC PRODUCTS

CMTA CONDITIONS TEI APPLICATION DOCS BOC CLEARANCE DOCS


1. Aquatic products such as fishes, 1. TEI not a requirement 1. Certificate of the Master of fishing
crustaceans, mollusks, marine vessel that: (a) the vessel which
animals, seaweeds, fish oil, roe, caught/ gathered and carried to
caught or gathered by fishing the country is of Philippine
vessels of Philippine registry: registry; (b) such aquatic products
Provided, That they are imported have not been landed, and if
in such vessels or in crafts landed solely for transshipment
attached thereto: without having been advanced in
2. They have not been landed in any condition.
foreign territory or, if so landed, 2. Permit/clearance from regulatory
that they have been landed solely agency.
for transshipment without having 3. Goods Declaration;
been advanced in condition; 4. BL/AWB; and
5. invoice/Packing List

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MEDALS, BADGES, CUPS, AND OTHER SMALL GOODS BESTOWED AS


TROPHIES OR PRIZES , OR THOSE RECEIVED OR ACCEPTED AS HONORARY DISTINCTION
CMTA CONDITIONS TEI DOCUMENTS (if arriving after BOC CLEARANCE DOCS
arrival)
RECEIVED OR ACCEPTED AS 1. COMPLETELY FILLED-OUT DOF-RO 1. TEI WITH ACCOMPANYING
HONORARY DISTINCTION FORM NO.92. DOCUMENTS;
2. NOTARIZED AFFIDAVIT OF END- 2. GOODS DECLARATION;
USE/OWNERSHIP 3. BL/AWB; AND
3. DOCUMENT SHOWING THAT 4. INVOICE/PACKING LIST
GOODS WERE BESTOWED AS 5. TEI NOT REQUIRED IF BROUGHT
TROPHIES/PRIZES, OR IN AS ACCOMPANIED BAGGAGE
RECEIVED/ACCEPTED AS OF THE RECIPIENT WITH
HONORARY DISTINCTION SUFFICIENT PROOF THAT SAME
4. SIGNED AND DATED BL/AWB WERE BESTOWED AS
5. COMMERCIAL INVOICE (PL, IF TROPHIES/PRIZES, OR
APPLICABLE) RECEIVED/ACCEPTED AS
HONORARY DISTINCTION.

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COFFINS OR URNS CONTAINING HUMAN REMAINS, BONES OR ASHES, USED


PERSONAL AND HOUSEHOLD EFFECTS (NOT MERCHANDISE) OF THE DECEASED
PERSON
CMTA CONDITIONS TEI APPLICATION DOCS BOC CLEARANCE DOCS
1. Except vehicles, the FCA value of 1. DO Form No. 91 1. BL/AWB
which does not exceed 2. Notarized Affidavit of End- 2. Death Certificate
P150,000.00, upon identification use/Ownership 3. Gate Pass
as such, 3. Signed BL/AWB 4. Goods declaration, if with
2. Every 3 years after CMTA, the 4. Invoice (PL, if applicable) Personal Effects.
value stated shall be adjusted to 5. Death Certificate 5. Affidavit of a person having
its present value using the CPI, 6. Original Authorization Letter (In knowledge of the facts, or
as published by the PSA lieu of consignee) otherwise satisfy himself that the
7. Original Passport used personal and household
8. TIN effects belong to the deceased.
Note: DOF RO Tax Exempt Manual
provides for the deceased OFWs. So
the requirement may refer to
unaccompanied shipments.
But take note that BOC does not
require TEI.

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SAMPLES OF THE KIND, IN SUCH QUANTITY AND OF SUCH


DIMENSION OR CONSTRUCTION AS TO RENDER THEM UNSALEABLE
OR OF NO COMMERCIAL VALUE, MODELS NOT ADAPTED FOR
PRACTICAL USE
CMTA CONDITIONS TEI APPLICATION DOCS BOC CLEARANCE DOCS
1. Imported for the purpose 1. DO-RO Form No. 91 1. TEI with documents
of introducing new goods in 2. Notarized Affidavit of End- 2. Goods declaration
the PH market and use/ownership 3. BL/AWB
imported only once in a 3. DOF prior approval 4. Invoice/PL
quantity sufficient for such 4. Signed and dated BL/AWB
purpose by a person duly 5. Invoice (PL, if applicable)
registered and identified to
be engaged in that trade
2. That importations shall be
previously authorized by
the Secretary of Finance

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SAMPLES OF MEDICINES
CMTA CONDITIONS TEI APPLICATION DOCS BOC CLEARANCE DOCS
1. Permanently printed/marked 1. DO-RO Form No. 91 1. TEI with documents
“SAMPLE-SALE PUNISHABLE BY 2. Notarized Affidavit of End- 2. Goods declaration
LAWS” use/ownership 3. BL/AWB
2. Imported for the purpose of 3. DOF prior approval 4. Invoice/PL
introducing a new product in PH 4. Signed and dated BL/AWB
3. Imported once in quantity 5. Invoice (PL, if applicable)
sufficient for the purpose 6. Certification from DOH
4. Imported by a person duly
registered to engage in the trade
5. Previously authorized by DOH and
DOF Secs.
6. New medicines and not available
in PH as certified by DOH

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COMMERCIAL SAMPLES EXCEPT THOSE THAT ARE NOT READILY


AND EASILY IDENTIFIABLE
CMTA CONDITIONS TEI APPLICATION DOCS BOC CLEARANCE DOCS
1. Single importation the 1. DO-RO Form No. 91 1. TEI with documents
value of which does not 2. Notarized Affidavit of End- 2. Goods declaration
exceed P50,000 FCA, use/ownership 3. BL/AWB
subject to 100% D&T for re- 3. DOF prior approval 4. Invoice/PL
exportation within 3 4. Signed and dated BL/AWB
months from date of 5. Invoice (PL, if applicable) Note: Any portion of the
acceptance of entry. If 6. Certificate of Venue and commercial samples consumed
exceeding P50,000 FCA, Date or not re-exported is subject to
importer may select payment of duties and taxes or
portion up to P50,000 as forfeiture of the security.
conditionally-free and
excess entered for
consumption or in bond.
2. Excludes: precious and
semi-precious stones, cut
or uncut, jewelry set with
precious or semi-precious
stones
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ANIMALS, EXCEPT RACE HORSES, AND PLANTS FOR SCIENTIFIC, EXPERIMENTAL,


PROPAGATION OR BREEDING, AND FOR OTHER BOTANICAL, ZOOLOGICAL AND NATIONAL
DEFENSE PURPOSES

CMTA CONDITIONS TEI APPLICATION DOCS BOC CLEARANCE DOCS


1. That no live trees, shoots, 1. DOF-RO Form No. 91 1. TEI with documents
plants, moss and bulbs, tubers 2. Notarized Affidavit of End- 2. Goods declaration
and seeds for propagation use/Ownership 3. BL/AWB
purposes may be imported, 3. Signed and dated BL/AWB 4. Invoice/PL
except by order of the gov’t or 4. invoice (Packing list, if applicable CMTA CONDITIONS:
authorized institutions 5. Bank Transaction (Mode of 4. That the certification of such
2. That the free entry of animals importations/Letter of Credit, record, and pedigree of such
for breeding purposes shall be Debit Advice, Purchase Order, animal duly authenticated by the
restricted to animals of etc.) proper custodian of such record
recognized breed, duly 6. Original Authorization Letter or registry, shall be submitted to
registered in the record or from consignee ( if applicant is a the District Collector, together
registry established for that broker) with the affidavit of the owner
breed, and certified by BAI or importer that such animal is
3. That the animals and plants are the animal described in said
certified by the NEDA as certificate of record and
necessary for economic pedigree:
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IMPORTATIONS OF ECONOMIC, TECHNICAL, VOCATIONAL, SCIENTIFIC, PHILOSOPHICAL,


HISTORICAL, AND CULTURAL BOOKS, THE KORAN, AHADITH, AND OTHER RELIGIOUS BOOKS
CMTA CONDITIONS TEI APPLICATIONS DOCS BOC CLEARANCE DOCS
That such imported books and/or 1. Completely filled-out DOF-RO 1. TEI with docs
publications are for economic, Form No. 91 2. Goods Declaration
technical, vocational, scientific, 2. Notarized Affidavit of End- 3. BL/AWB
philosophical, historical or cultural use/Ownership 4. Invoice/PL
purposes or that the same are 3. Signed and dated BL/AWB
educational, scientific or cultural 4. invoice (Packing list, if
materials covered by the applicable)
International Agreement on 5. TIN
Importation of Educational Scientific 6. National Book Development
and Cultural Materials (IAESCM) Board (NBDB) Certificate of
signed by the President of the Registration
Philippines on 23 August 2, 1952, or
other agreements binding upon the
Philippines. Educational, scientific
and cultural materials covered by
international agreements or
commitments binding upon the
Philippine government so certified
by the DepEd.
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GOODS AND SALVAGE FROM VESSELS

CMTA CONDITIONS TEI APPLICATION DOCS BOC CLEARANCE DOCS


1. Recovered after a period of 2 1. Not included in the DOF RO Tax 1. TEI with documents
years from the date of filing the Exemption Manual 2. Inventory Report of Customs
marine protest or the time when Examiner
the vessel was wrecked or 3. Certification or Report from
abandoned, or parts of a foreign MARINA
vessel or its equipment, wrecked 4. Goods declaration
or abandoned in Philippine
waters or elsewhere; and
2. That goods and salvage
recovered within the said period
of 2 years shall be dutiable

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IMPORTED GOODS DONATED TO OR, FOR THE ACCOUNT OF THE PHILIPPINE


GOVERNMENT OR ANY DULY REGISTERED RELIEF ORGANIZATION, NOT OPERATED
FOR PROFIT, FOR FREE DISTRIBUTION AMONG THE NEEDY
CMTA CONDITIONS TEI APPLICATION DOCS BOC CLEARANCE DOCS
1. Upon certification by the DSWD; 1. DO-RO Form No. 91 1. TEI with docs
or the Department of Education or 2. Notarized Affidavit of End- 2. Goods Declaration
DOH as the case may be. use/ownership 3. BL/AWB
3. Signed and dated BL/AWB 4. Invoice/PL
4. Invoice (PL, if applicable)
5. DSWD, DepED or DOH
Recommendation
6. Authenticated Deed of Donation
and Acceptance

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IMPORTATIONS OF/FOR
AIRCRAFTS, VESSELS; AND
MACHINERIES

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COST OF REPAIRS ON VESSELS OR AIRCRAFTS EXCLUDING THE VALUE OF THE GOODS


BASED, MADE IN FOREIGN COUNTRIES ON VESSELS/AIRCRAFTS REGISTERED IN PH

CMTA CONDITIONS TEI APPLICATION DOCS BOC CLEARANCE DOCS


Upon proof satisfactory to the Not indicated in the DOF RO Tax 1. TEI with documents
bureau that adequate facilities for Exemption Manual 2. Goods Declarant
such repairs are not afforded in the 3. BL/AWB
Philippines (certification from 4. Invoice/Packing List
marina for vessels and CAAP for
aircrafts); or that such vessels or
aircrafts, while in the regular course
of their voyage or flight, were
compelled by stress of weather or
other casualty to put into a foreign
port to make such repairs in order to
secure the safety, seaworthiness, or
airworthiness of the vessels or
aircrafts to enable them to reach
their port of destination.

32

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7/26/22

AIRCRAFT, EQUIPMENT AND MACHINERY, SPARE PARTS COMMISSARY AND


CATERING SUPPLIES, AVIATION GAS, FUEL AND OIL, WHETHER CRUDE OR REFINED
FOR USE IN INTERNATIONAL FLIGHTS
CMTA CONDITIONS TEI APPLICATION DOCS BOC CLEARANCE DOCS
1. Such goods or supplies are not 1. DO-RO Form No. 91 1. TEI with documents
locally available in reasonable 2. Notarized Affidavit of End- 2. Goods declaration
quantity, quality and price and are use/ownership 3. BL/AWB
necessary or incidental to the 3. Signed and dated BL/AWB 4. Invoice/PL
proper operation of the scheduled 4. Invoice (PL, if applicable)
airline importing the same. 5. Certificate of non-availability from
CAAP for duty exemption
purposes.

33

33

SPARE PART OF VESSELS OR AIRCRAFTS ENGAGED IN FOREIGN TRADE FOR


EMERGENCY REPAIR
CMTA CONDITIONS TEI APPLICATION DOCS BOC CLEARANCE DOCS
1. Spare parts of vessels or aircraft 1. DO-RO Form No. 91 1. TEI with documents or request for
of foreign registry engaged in 2. Notarized Affidavit of End- underguarding
foreign trade when brought into use/ownership 2. Goods declaration
the Philippines exclusively as 3. Signed and dated BL/AWB 3. BL/AWB
replacements or for the 4. Invoice (PL, if applicable) 4. Invoice/PL
emergency repair thereof, upon 5. Certificate of foreign registry.
proof satisfactory to the District
Collector that such spare parts
shall be utilized to secure the
safety, seaworthiness or
airworthiness of the vessel or
aircraft, to enable it to continue its
voyage or flight.

34

34

17
7/26/22

MACHINERIES, EQUIPMENT, TOOLS FOR PRODUCTION, PLANS TO CONVERT MINERAL


ORES INTO SALEABLE FORM

CMTA CONDITIONS TEI APPLICATION DOCS BOC CLEARANCE DOCS


1. Spare parts, supplies, 1. DO-RO Form No. 91 1. TEI with docs
materials, accessories, 2. Notarized Affidavit of End- 2. Goods Declaration
explosives, chemicals, and use/ownership 3. BL/AWB
transportation and 3. Signed and dated BL/AWB 4. Invoice/PL
communications facilities; 4. Invoice (PL, if applicable) CMTA CONDITIONS:
2. imported by and for the use of 5. Certificate from DA or DENR as 4. Aircrafts imported by agro-
new mines and old mines to purpose of importation industrial companies to be used by
which resume operations, 6. Certificate of Non-Local them in their agriculture and
when certified to as such by Availability industrial operations, spare parts
the Secretary of DENR, upon CMTA CONDITIONS: and accessories when certified by
the recommendation of the 3. Such goods are not locally Secretary of DA or DTI Secretary.
Director of MGB, for a period available in reasonable quantity,
ending 5 years from the first quality and price and are necessary
date of actual commercial or incidental in the proper operation
production of saleable mineral of the mine
products;
35

35

“SPECIAL CLASS” OF FILIPINOS

36

36

18
7/26/22

RETURNING RESIDENTS
GENERAL/CLEARANCE PROVISIONS GENERAL/CLEARANCE PROVISIONS GENERAL/CLEARANCE PROVISIONS
“Returning residents” nationals who 3. To accomplish, sign and submit 4. For excisable articles such as
have stayed in a foreign country for in advance a Personal and distilled spirits, wines, cigars
a period of at least 6 months. Household Effects Declaration and cigarettes, perfumes, toilet
- Includes spouse and dependent Form; waters, in excess of the
children. 4. Processing fee of P310.00 allowable quantity to be
1. Previously exported: Household (inclusive of legal research fee prescribed shall be subject to
appliances, jewelry, precious of P10.00) shall collected per D&T
stones, and other goods of individual B/L, regardless a 5. Physical or non-intrusive
luxury exported exempt from master or a house B/L examination shall be conducted
D&T when covered by CI issued 4. For shipments arriving as subject to existing regulations
by District Collector before accompanied baggage to submit and based on established risk
departure; printed copy of the management scheme
2. Purchased abroad: Personal and accomplished Personal and 6. BOC shall develop an online
household effects normally used Household Effects Declaration registration facility where the
for the comfort and convenience Form upon arrival Personal and Household Effects
of returning resident or OFW 5. For unaccompanied shipments, Form can be accomplished and
during stay abroad must to secure TEI from the DOF submitted electronically
accompany them or arrive within Revenue Office
60 days, except for unforeseen or
fortuitous events,
37

37

RETURNING RESIDENTS
AMOUNT OF PRIVILEGE ADDITIONAL PRIVILEGE FOR OFWs EXCLUSIONS FROM PRIVILEGE
1. P350,000 for those who have 1. Goods shall be limited to 1 of 1. Luxury items unless covered by
stayed in a foreign country for at each kind. Any excess in the a pre-departure CI;
least 10 years and have not allowed number of appliances 2. Vehicles, watercrafts and
availed of the privilege within 10 shall be subject to payment of aircrafts;
years prior to arrival (return); corresponding D&T 3. Animals;
2. P250,000 for those who have 2. Privilege may only availed of 4. Donations;
stayed in a foreign country for a once in a given year 5. Goods intended for barter, sale
period of at least 5 years but not 3. Goods brought in as or for hire;
more than 10 years and have not accompanied baggage or 6. Goods in commercial quantity;
availed of the privilege within 5 arriving before or after but not 7. Regulated goods in excess of
years prior to arrival; later than 60 days from return the limits allowed by
3. P150,000 for those who have barring unforeseen or regulations; and
stayed in a foreign country for a fortuitous event 8. Prohibited and Restricted
period of less than 5 years and 4. Amount of appliances in excess goods.
have not availed of the privilege of P150,000 FCA shall be
within 6 months prior to arrival; subject to D&T.
4. Any amount in excess shall be
subject to D&T.
38

38

19
7/26/22

PERSONS COMING TO SETTLE


CMTA CONDITIONS TEI APPLICATION DOCS (IF GOODS BOC CLEARANCE DOCUMENTS
ARRIVING AFTER ARRIVAL OF
PERSONS COMING TO SETTLE
Professional instruments and 1. DOF RO Form No. 91 1. TEI with documents
implements, tools of trade, 2. Notarized Affidavit of End- 2. Goods Declaration
occupation or employment, wearing Use/Ownership 3. Import Permit/Clearance from
apparel, domestic animals, and 3. Signed and dated BL/AWB Regulatory Agencies
personal and household effects 4. Invoice (Packing List, if 4. BL/AWB
belonging to persons coming to applicable) 5. Invoice/PL
settle or Filipinos or their families 5. Original Authorization Letter (in
and descendants who are now lieu of consignee)
residents or citizens of other 6. Original Passport (Local and
countries, in quantities and of the Foreign)
class suitable to the profession, rank 7. Oath of Allegiance and
or position of the persons importing Identification Certificate (if
said items, for their own use and applicable)
not for barter or sale, accompanying 8. Marriage Contract (if applicable)
such persons, or arriving within a 9. Certificate or Contract of
reasonable time: Exclusions: Employment (if applicable)
vehicles, vessels, aircrafts, 10. Birth Certificate
machineries and other similar goods 11. TIN
for use in manufacture. 39

39

BALIKBAYAN BOXES- CAO 01-2018/CMO 18-2018

40

40

20
7/26/22

BALIKBAYAN BOXES- CAO 01-2018/CMO 18-2018


GENERAL PROVISIONS GENERAL PROVISIONS GENERAL PROVISIONS
1. Qualified Filipinos while 2. BBB brought in by Qualified 4. The privilege is only for
abroad are allowed to send to Filipinos as accompanied or Qualified Filipinos and privilege
their families or relatives in PH unaccompanied baggage as not extended to sole proprietors
BBB which shall be exempt passengers shall be included in and judicial entities like
from D&T up to 3 times/year. counting the availment. A cooperatives, corporations and
(1) Non-resident Filipinos- shipment of more than de partnerships.
these are Filipinos who have minimis value of P10,000 shall 5. BOC shall establish
established permanent be automatically considered as monitoring system that
residency abroad or dual 1 availment exemption availed will only be
citizens; (2) OFW; (3) Resident 3. BBB shall contain personal and 3 per CY. BBB brought other
Filipinos – these are Filipinos household effects only and than thru consolidators,
who temporarily stay abroad shall neither be in commercial baggage of travellers, postal
which shall include holders of quantity nor intended for hire, items and express shipments
student visa, holders of sale or barter and that the shall be considered as
investors’ visa, holders of total FCA value for all BBB per availments
tourist visa and similar visas sender in any calendar year
which allow the to establish shall not exceed P150,000.
temporary stay abroad
41

41

BALIKBAYAN BOXES- CAO 01-2018/CMO 18-2018


GENERAL PROVISIONS GENERAL PROVISIONS GENERAL PROVISIONS
6. BOC shall establish a 9. BOC shall adopt ICT enabled Consolidator shall answer for the
registration system and/or system to monitor availments various charges incurred by BOC
database of Consolidators, 10. Customs fees per HBL: such as gov’t storage, arrastre,
Qualified Filipinos as well as P125.00 inclusive of CDS of demurrage, stripping and stuffing
respective families and P15.00 and legal research fee and other charges, not otherwise
relatives recipients of BBB of P10.00. Commissioner may chargeable against Forfeiture Fund,
7. For counting availment, periodically review the fees. in case of implied abandonment of
shipment of BBB sent by 11. Due notice: If no goods goods. Failure to comply with
qualified sender regardless of declaration is lodged or BBB obligations shall be ground for
number of ultimate consignees unclaimed, BOC shall identify imposition of sanctions.
and number of BBB in 1 the names of the individual
consolidated shipment covered consignees and addresses and
by 1 MBL shall be considered send them Notice to File Entry
as only 1 availment Claim within 15 days from
8. When consol shipment is receipt.
subject of alert only those
individual boxes with
violations shall be segregated
and other boxes shall be
released.
42

42

21
7/26/22

BALIKBAYAN BOXES- CAO 01-2018/CMO 18-2018

OBLIGATIONS OF QUALIFIED FILIPINOS OBLIGATIONS OF QUALIFIED FILIPINOS


1. Ensure only personal and household effects are 3. Submit documents to prove qualification to avail
sent thru consol shipments of BBB of privilege
2. Accomplish, sign and submit Information Sheet 4. Submit invoice, receipt or equivalent document
(IS) to BOC to be designed under CMO to covering the goods in BBB, if available
implement CAO 1-2018. IS to serve as packing list 5. Sender shall submit the required documents to
to contain: Consolidator who shall transmit the IS and
ØComplete name of shipper, DOB, citizenship, supporting docs to BOC in secured electronic
passport details, address abroad and in PH; contact format before arrival of goods in PH
details
ØRelationship to consignee and contact details
ØTotal value and number of BBB
Ø PL Information: itemized listing of goods,
quantity/value
ØNumber of availments within the CY
ØOther info that may be required by BOC

43

43

BALIKBAYAN BOXES- CAO 01-2018/CMO 18-2018

OBLIGATIONS OF CONSOLIDATORS OBLIGATIONS OF CONSOLIDATORS


1. Consolidator or FF acting as consolidator shall 3. Deconsolidator shall establish own Customs
apply for registration with BOC in addition to Facility Warehouse (CFW) equipped with CCTVs
registration with CAB/FTEB and baggage X-Ray machine. Installation of X-Ray
2. Ensure that their principals are aware of will depend on the capitalization of consolidator
documents to be sent to BOC and may thru 3rd parties. X-Ray faciiities shall be
under the control and supervision and only
trained BOC personnel shall be allowed to operate
x-ray machines
4. Sending of IS timeframe: (a) 3 day shipping time:
24 hours before arrival (b) 7 day shipping time: 48
hours before arrival (c) from US, EU, ME and
others 10 days before arrival
Ø For aircraft: Asia: 1 hour before arrival and
other countries 6 hours prior to arrival

44

44

22
7/26/22

BALIKBAYAN BOXES- CAO 01-2018/CMO 18-2018


CLEARANCE PROCEDURES CLEARANCE PROCEDURES CLEARANCE PROCEDURES
1. Consolidator shall lodge 4. COO III shall match the - If the x-ray image is tagged “no
separate informal entries for declaration filed by the suspect” the COO III shall
BBB falling under each type of Deconsolidator against the indicate his findings on the
availment: De Minimis; Sec. Information Sheet electronically Informal Entry Declaration and
800(g),CMTA or not qualified submitted to check the veracity. Entry Form (IIDE), assess duties
availment; on a per container Matching of the declaration shall and taxes; affix his signature
basis be made for BBB subject to Alert and forward to COO V
2. Individual HBLs/HAWBs Order, derogatory information. - In case the x-ray image is
together with the Information This is without prejudice to any tagged “suspect”, COO III shall
Sheet which shall serve as risk management that BOC may conduct 100% physical
packing list and invoice will be establish upon automation of examination
attached to the goods the clearance process for BBB.
declaration 5. All consolidated BBB shall be
3. Informal Entry Division (IED) subject to mandatory non-
shall verify the completeness of intrusive examination by or
the submitted documentary under supervision by BOC
requirements, match the personnel:
BL/HBL/HAWB and/or Manifest
Data and assign entry number
45

45

BALIKBAYAN BOXES- CAO 01-2018/CMO 18-2018


CLEARANCE PROCEDURES CLEARANCE PROCEDURES CLEARANCE PROCEDURES
- Deconsolidator shall request - conditional release is allowed - If discrepancy is found after
stripping of the container to under following: the conduct of 100% physical
enable the conduct of 100% - the suspected image is examination on the suspected
physical examination. However, not clear; and marked portion, COO III
upon the request of the - there is no derogatory shall assess duties and taxes,
Deconsolidator and with District information that the BBB if any and affix his signature
Collector approval, conditional contain prohibited, restricted or on the goods declaration and
release of the container shall be regulated goods forward the same to COO V
allowed and examination done - upon submission of - If discrepancy is found,
BBB with violation shall be
at the Deconsolidator Affidavit of Undertaking by the
segregated and released only
warehouse. Deconsolidator
upon compliance with rules
- The remaining BBB
without violation shall be
allowed continuous
processing and released.

46

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23
7/26/22

BALIKBAYAN BOXES- CAO 01-2018/CMO 18-2018

CLEARANCE PROCEDURES CLEARANCE PROCEDURES


6. COO V shall review entry documents, tariff 10. Transmittal Clerk from BOC Cashier shall forward
classification, appraisal, computation and affix his the Gate Pass to the Wharfinger or warehouseman
signature on the goods declaration and return the for his signature to effect physical release of the
same to COO III for preparation of Order of shipment of BBB.
Payment (OP) 11. COO III shall verify payment in the e2m Cash-
7. COO II prepares OP which shall be settled to the Miscellaneous Module. After verifying that the
BOC Cashier or to the In-House Bank for payment payment has been collected, COO III retrieves the
using the e2m Cash-Miscellaneous Module date he corresponding to the MBL of the IIDE.
8. Computation of the processing charges shall be COO III shall select from the e-manifest menu the
P125.00 multiplied by the number of HBL/HAWB in operation “Manual Discharge” to perform manual
one MBL/MAWB write-off of the MBL
9. For air shipments the goods declaration shall be 12. For shipments found in violation of procedures and
forwarded by the IED to BOC Cashier for payment other pertinent laws, COO III shall make a report of
of processing charges and D&T findings with the corresponding recommendation
to the District Collector

47

47

EXCLUSIONS FROM DUTY AND TAX EXEMPTION


AND/OR SIMPLIFIED BBB CLEARANCE PROCEDURES
1. BBB with contents valued at more than P150k
2. Shipments with total availments exceeding P150k
even without exceeding the maximum 3 availments
or has not availed 3 times but already exceeds P150k
3. Goods in commercial Quantity except if qualified as
de minimis importation
4. Regulated goods in commercial quantity
5. Donations
6. Containerized shipments with mixture of goods e.g.
donation; commercial and regulated, for temporary
admission)
7. Failure of sender to comply with requirements e.g.
submission of IS etc.
48

48

24
7/26/22

PRIVILEGED PERSONS:
EMBASSIES AND
AMBASSADORS, ETC.

49

49

IMPORTATIONS FOR THE OFFICIAL USE OF FOREIGN EMBASSIES, LEGATIONS


AND OTHER AGENCIES OF FOREIGN GOVERNMENTS
CMTA CONDITIONS TEI APPLICATION DOCS BOC CLEARANCE DOCS
1. Those foreign countries accord 1. DO-RO Form No. 91 1. TEI with docs
like privileges to corresponding 2. DFA recommendation 2. Goods Declaration
PH agencies 3. Signed and dated BL/AWB 3. BL/AWB
2. Includes: goods imported for the 4. Invoice (PL, if applicable) 4. Invoice/PL
personal or family use of the 5. Note Verbale from the Embassy Customs clearance policy:
members and attaches of 1. Personal baggage or shipments of
foreign embassies, legations, diplomatic agent shall be exempt
consular officers and other from inspection, unless there are
representatives of foreign serious grounds to believe that it
governments. contains articles not for the
3. Privilege shall be accorded under personal use. Inspection may also
special agreements between PH be conducted if there are serious
and the countries which they grounds to believe that the
represent. articles are prohibited by law or
4. Granted only upon specific controlled by quarantine
instructions of the secretary of regulations.
finance pursuant to an official 2. Properly marked diplomatic
request of the DFA on behalf of pouches shall not be opened.
members or attaches of foreign 50
embassies.
50

25
7/26/22

PERSONAL EFFECTS AND HOUSEHOLD GOODS INCLUDING 0NE (1) USED


MOTOR CAR OF FOREIGN SERVICE OFFICER, STAFF, EMPLOYEE
CMTA CONDITIONS CMTA CONDITIONS CMTA CONDITIONS
1. Qualified persons: (Any attaché, 2. Shall be exempt from the payment 3. Value of personal and household
civil or military or member of of all duties and taxes: (a) on effects should not exceed 30% of
the staff assigned to a Philippine personal and household effects; the total amount received by the
diplomatic mission abroad by (b) including one (1) motor car officer or employee in salary and
DFA; or any similar officer or which must have been ordered or allowances during the latest
employee of other departments purchased prior to the receipt by assignment abroad, but not to
assigned to any PH consular the mission or consulate of the exceed four (4) years.
office abroad; or any AFP order of recall, and which must be 4. Exemption shall not be availed of
military personnel accorded registered in the name of the more than once every 4 years.
assimilated diplomatic rank or officer or employee; (c) The 5. The officer or employee
on duty abroad. Those who are: exemption shall apply only to the concerned must have served
returning from a regular value of the motor car and to the abroad for not less than 2 years.
assignment abroad, for aggregate assessed value of the
reassignment to home office, personal and household effects.
who dies, resigns, or retired

51

51

PERSONAL EFFECTS AND HOUSEHOLD GOODS INCLUDING 0NE (1) USED MOTOR CAR
OF FOREIGN SERVICE OFFICER, STAFF, EMPLOYEE

TEI SUPPORTING DOCUMENTS BOC CLEARANCE PROCEDURES


1. Completely filled-out DOF-RO Form No. 91 1. TEI with docs.
2. Notarized Affidavit of End-use/Ownership 2. Goods Declaration
3. Signed and dated BL/AWB 3. BL/AWB.
4. invoice (Packing list, if applicable) 4. Invoice/PL
5. DFA Favorable recommendation
6. Recall Order
7. Certificate of Emoluments
8. Authorization for early shipment (if applicable)
9. TIN
10. Photocopy of Passport
11. Authorization letter from the consignee (if
applicable)

52

52

26
7/26/22

IMPLEMENTATION OF THE ATA CARNET SYSTEM IN THE PHILIPPINES IN


ACCORDANCE WITH THE 1990 WCO CONVENTION ON TEMPORARY
ADMISSION (ISTANBUL CONVENTION)
Adopted in Istanbul, Turkey on 26 June 1990

53

53

DEFINITION OF TERMS
1. ATA Carnet – refers to the Temporary Admission papers used for the
Temporary Admission of goods, excluding means of transport
2. ATA System – refers to a system allowing the free movement of goods across
frontiers and their temporary admission into a Customs Territory with relief
from D&T. The goods are covered by a Single Document known as the ATA
Carnet that is secured by an international guarantee system. The terms “ATA”
is a combination of the initial letters of the French words “Admission
Temporaire” and the English words ”Temporary Admission”. This term can be
interchangeably used with ATA Carnet System
3. Temporary Admission Papers – refers to the International Customs Document
accepted as Customs Declaration which makes it possible to identify goods
(including means of transport) and which incorporates an internationally valid
guarantee to cover D&T.
54

54

27
7/26/22

DEFINITION OF TERMS
4. Guarantee:
a. Guaranteeing Chain – A guaranteeing scheme administered by an
International Organization to which Guaranteeing Associations are
affiliated. ICC through the World Chambers Federation (WCF), administers
the international guarantee chain
b. Issuing Association – An association approved by BOC to issue Temporary
Admission Papers and affiliated directly to a Guaranteeing Chain.
c. National Issuing and Guaranteeing Association (NIGA) – An association
affiliated to a Guaranteeing Chain and accredited by BOC to issue
Temporary Admission Papers and to guarantee the amount of security
Ø NIGA in the Philippines is the Philippine Chamber of Commerce and Industry (PCCI)

55

55

GENERAL RULES IN THE APPLICATION OF ATA CARNET SYSTEM


1. Implementation date in PH is 17 April 2022, subject to NIGA compliance with
rules and regulations
2. Territorial application of ATA Carnets shall be PH territory
3. ATA Carnets are not accepted: (a) for postal traffic; (b) Customs Transit;
4. ATA Carnets are accepted for hand-carried and unaccompanied goods
5. Replacement Carnets will be accepted:
6. ATA Carnets issued by Contracting Parties to either the ATA or Istanbul
Convention, or to both Conventions, will be accepted
7. ATA Carnets are to be completed in English. BOC shall require translation in
English when ATA Carnets are completed in other language.
8. All customs offices are authorized to handle ATA Carnets during operation
hours

56

56

28
7/26/22

RE-EXPORTATION AND REGULARIZATION FEES


1. Evidence of re-exportation of goods imported using ATA Carnet shall be provided
by the re-exportation counterfoil completed and stamped by an authorized BOC
customs officer.
2. If re-exportation has NOT been certified in accordance to above, BOC may, even
if the period of the papers has already expired, accept as evidence of re-
exportation”
1. The particulars entered by the Customs authorities of another country in
the Temporary Admission Papers on importation or re-importation or
certificate issued by those authorities based on particulars entered into a
voucher which has been detached from the papers on importation or on
re-importation into their territory, provided that the particulars relate to
an importation or re-importation which can be proved to have taken place
after the re-exportation which it is intended to establish
Ø Regulation fee for this is Peso equivalent of US$25.00
2. Any other documentary proof that the goods are outside of the Philippines
Ø Regulation fee for this is Peso equivalent of US$30.00 57

57

RE-EXPORTATION AND REGULARIZATION FEES

3. In any case in which BOC waives re-exportation of certain goods, cleared by BOC
using ATA Carnet, NIGA shall be discharged from obligations only when BOC has
certified in the papers that the position regarding those goods has been
regularized.
For second offense by the importer and regardless of the ATA Carnet used the
regularization fee shall be twice the amount in the first offense

58

58

29
7/26/22

IMPORTATIONS OF GOODS THAT SHALL BE ALLOWED


TEMPORARY ADMISSION SUBJECT TO FOLLOWING CONDITIONS
1. The goods (including means of transport) must be imported for specific
purpose;
2. The goods must be intended for re-exportation within the minimum period
specific under the Istanbul Convention
3. The goods shall not undergo any change except normal depreciation due to
the use of them

59

59

GOODS OTHERWISE COVERED BY ISTANBUL CONVENTION THAT


ARE NOT ACCEPTED BY THE PHILIPPINES
1. ATA Carnet for postal traffic;
2. Packings and Articles (including vehicles) which, by their nature, are unsuitable
for any purpose other than advertising of specific articles or publicity for a
specific purpose;
3. While scientific and pedagogic materials are accepted, submission of customs
document shall be required;
4. Tourist publicity materials;
5. Goods imported as frontier traffic;
6. Means of transport; and
7. Animals for transhumance or grazing or for performance of work or transport.

60

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30
7/26/22

OTHER ATA RULES IN THE PHILS


1. BOC shall accept, in lieu of the SAD or IIDE (BOC 177), a validly issued ATA Carnet
as Goods Declaration for goods temporarily imported and covered under CAO 2-
2022
2. Customs endorsements on ATA Carnet used under the conditions laid down shall
not be subject to the payment of charges for Customs attendance at Customs
offices during the normal hours of business
3. In the case of destruction, loss, or theft of the ATA Carnet while the goods
(including means of transport) to which refer are in the country, BOC shall, at the
request of the NIGA accept replacement papers, the validity of which expires on
the same ate as that of the original ATA Carnet replaced.
4. Where it is expected that the Temporary Admission will exceed the validity of the
ATA Carnet because of the inability of the holder to re-export the goods (including
the means of transport) within the period, NIGA which issued the papers may
issue replacement papers which shall be submitted to BOC. When accepting the
replacement papers BOC shall discharge the papers replaced.
61

61

OTHER ATA RULES IN THE PHILS


5. In case the goods (including means of transport ) cannot be re-exported because
of seizure, other than seizure made at the suit of private persons, the
requirement of re-exportation shall be suspended for the duration of seizure
In this situation, BOC shall notify NIGA of the seizure and the proceedings that
goes with such seizure.
5. In the event of fraud, contravention, or abuse, BOC shall be free to take
proceedings against persons using ATA Carnet, for the recovery of D&T and other
penalties to which such persons are liable. NIGA is required to lend assistance to
BOC on the matter.
6. ATA Carnet or parts thereof which have been issued or to be issued in the
Philippines, into which they are imported and which are sent to NIGA by a
Guaranteeing Association, by an International Organization or by the Customs
authorities of another Contracting Party, shall be admitted free of D&T.
Corresponding facilities shall be granted at exportation.

62

62

31
7/26/22

SECURITY AND ISSUANCE OF ATA CARNET


1. BOC shall authorize the NIGA to act as guarantor and to issue the ATA Carnet
2. NIGA shall not issue an ATA Carnet with a validity period of more than 1 year
3. Any particulars inserted on the ATA Carnet by NIGA may be altered only with its
approval. No alteration to those papers may be made after they have been
accepted by BOC, except upon consent
4. Once an ATA Carnet has been issued, no extra item shall be added to the list of
goods enumerated on the reverse of the front cover of the carnet, or on the
continuation sheets appended thereto (General List)
5. The following shall appear on the ATA Carnet:
a. Name of NIGA
b. Name of the International Guaranteeing Chain
c. Countries in which the ATA Carnet is valid, and
d. The names of the Guaranteeing Associations of the countries in question
63

63

SECURITY AND ISSUANCE OF ATA CARNET

6. The period fixed for the re-exportation of the goods (including means of
transport) imported under cover of the ATA Carnet shall not in any case exceed
the period of validity of those papers

64

64

32
7/26/22

GUARANTEE AND LIABILITY


1. NIGA undertakes to pay BOC the amount of D&T, excluding additional security
required by regulatory agencies, payable in the event of the non-compliance with
the conditions of Temporary Admission, in respect of the goods imported into the
country using the ATA Carnet issued by a Corresponding Issuing Association.
NIGA shall be liable jointly and severally with the persons from whom the sums
mentioned above are due, for payment of such sums.
2. The liability of NIGA shall not exceed the D&T by more than 10%
3. When BOC unconditionally discharged ATA Carnet in respect of certain goods
(including means of transport), it can no longer claim from the NIGA. A claim may
nevertheless still be made against NIGA if it is subsequently discovered that the
discharge of the papers was obtained improperly or fraudulently or that there
had been a breach of the conditions of Temporary Admission.

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GUARANTEE AND LIABILITY


4. BOC shall not in any circumstances require from NIGA payment of the
guaranteed D&T if a claim has not been made against the NIGA within 1 year
from the ATA Carnet expiration.

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7/26/22

PAYMENT OF CLAIM AND REFUND


1. NIGA has 6 months from the date of BOC claim for the sums guaranteed in which
to furnish proof of re-exportation or of any other proper discharge of the ATA
Carnet
2. If such proof is not furnished within the time allowed, NIGA shall pay such sums.
Payment shall be regarded as final after a period of 3 months from date of
payment. During the 3-month period, the NIGA may still furnish the proof
referred to in Number 1 above with a view of recovery of the amount paid.
3. However, payments made after the lapse of the 3-month period shall be deemed
final. The amount paid shall be refunded if the proof of re-exportation or other
proper discharge is furnished within 3 months from date of payment.

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REFERENCE MATERIALS

1. 2019 DOF Revenue Office Tax Exemption Manual


2. CAO 6-2020 - Conditionally Tax and/or Duty-exempt Importations under Sec. 800,
excluding subsection (F) and (G)
3. CAO 2-2022 – Rules and Regulations in the Implementation of the ATA System in
the Philippines

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