2022 CBLE Review - CL - 01 Material
2022 REVIEW ON
CUSTOMS LAW ESCOLTA
DAY 01
PRINCIPLES OF CUSTOMS LAW
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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OTHER LAWS ENFORCED BY BOC
a. Provisions of the National Internal Revenue
Code involving internal revenue taxes that are
collected by the Bureau of Customs (Actg.
Collector of Customs v. Caluag ,et al., L-23925,
May 24, 1976),
b. Circulars of the Central Bank of the Philippines.
(Tong, et al., v. Commissioner of Customs, G.R.
No. L-11947, October 1, 1959; Commissioner of
Customs v. Capistrano, G.R. No. L-1107, June
30, 1960; Capulong v. Actg. Commissioner of
Customs, G.R. No. L-22991, January 16, 1968;
Actg. Commissioner of Customs v. Court of Tax
Appeals, et al., G.R. No. 62634, April 27, 1984;
Bastida v. Commissioner of Customs, 35 SCRA
448)
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FUNCTIONS OF THE BUREAU
(e) Facilitation and security of international
trade and commerce through an informed
compliance program;
(f) Supervision and control over the entrance
and clearance of vessels and aircraft
engaged in foreign commerce;
(g) Supervision and control over the handling
of foreign mails arriving in the Philippines
for the purpose of collecting revenues and
preventing the entry of contraband;
7 regulations related to customs administration.
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SCOPE OF CUSTOMS LAW
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.
FUNCTIONS OF THE BUREAU
(a) Assessment and collection of customs
revenues from imported goods and other
dues, fees, charges, fines and penalties
accruing under CMTA;
(b) Simplification and harmonization of
customs procedures to facilitate movement
of goods in international trade;
(c) Border control to prevent entry of
smuggled goods;
(d) Prevention and suppression of smuggling
and other customs fraud;
FUNCTIONS OF THE BUREAU
(h) Supervision and control on all import and export
cargoes, landed or stored in piers, airports, terminal
facilities, including container yards and freight
stations for the protection of government revenue
and prevention of entry of contraband;
(i) Conduct of compensation studies, and development
and recommendation to the President of a
competitive compensation and remuneration system
to attract and retain highly qualified personnel,
while ensuring that the Bureau remains financially
sound and sustainable.
(j) Exercise of exclusive original jurisdiction over
forfeiture cases under CMTA; and
(k) Enforcement of CMTA and all other laws, rules and
8 jurisdiction of CTA;
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• Customs (and tariff) laws include not only
CMTA but laws, rules and regulations
enforced by BOC.
- regulations of BPS, BPI, BIS, BAI, NFA,
FEO, DOH, FDA, IPO etc. in relation to
exportation and importation of goods
- Goods refer articles, wares, merchandise and
other items which are subject of importation
or exportation.
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SMUGGLING
• The fraudulent act of importing any good into PH, or the act
of assisting in receiving, concealing, buying, selling,
disposing or transporting such goods with full knowledge
that the same has been fraudulently imported, or the
fraudulent exportation of goods. Goods referred to under
this definition are known as smuggled goods.
– Technical smuggling – the act of importing into the
country by means of fraudulent, falsified or erroneous
declaration of the goods to its nature, kind, quality,
quantity or weight, for the purpose of reducing or
avoiding payment of prescribed D&T;
– Outright smuggling – the act of importing goods into the
country without complete customs prescribed
importation documents, or without being cleared by
customs or other regulatory government agencies, for
the purpose of evading payment of prescribed D&T. 6
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POWERS AND FUNCTIONS OF THE
COMMISSIONER
(a) Exclusive and original jurisdiction to interpret CMTA
provisions , in collaboration with other relevant
government agencies, subject to review by the
Secretary of Finance;
(b) Exercise any customs power, duties and functions,
directly or indirectly;
(c) Review any action or decision of any customs officer
performed pursuant to the provisions of this Act;
(d) Review and decide disputed assessments and other
matters related thereto, subject to review by the
Secretary of Finance and exclusive appellate
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2022 CBLE Review - CL - 01 Material
POWER TO INTERPRET CMTA PROVISIONS
THROUGH CUSTOMS ISSUANCES
• Rule making power/quasi-legislative power
- CAO which takes the nature of policy determination in
the enforcement or IRR/implementation of CMTA
provisions and other laws enforced by BOC and in
coordination with concerned government agencies.
Requires approval of Sec., DOF
- CMO an issuance addressed to customs officials and
employees, customs brokers , importers and general
public which operationalizes and/or supplies details to
CAO. A CMO is not subject to approval of the Sec.
DOF.
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MERE PUBLICATION NOT SUFFICIENT
• Should be published in a newspaper of general
circulation or official gazette; and
- three (3) certified copies must be deposited with the
ONAR, UP Law Center (Revised Administrative Code)
- effectivity date
-Effectivity depends on “effectivity clause”
- but a ruling or decision of the Commissioner which
determines the construction or application of any
provision of law imposing duties and which changes
any existing established valuation, classification, ROO
and other customs rules, interpretation or practice
shall not take effect until 30 days after public notice
shall have been given in the form of a published
decision. When the ruling or decision favors the
taxpayers, it shall become effective immediately.
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ANNUAL REPORT OF THE COMMISSIONER
• The Commissioner shall submit to the
President, the Congress of the
Philippines and the National Economic
and Development Authority (NEDA) an
annual report on the performance of
the Bureau, on or before March 31 of
the following year.
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POWER TO INTERPRET CMTA PROVISIONS
THROUGH CUSTOMS ISSUANCES
- CMC circularizes laws, rulings, rules and
regulations of other gov’t agencies which
may not directly pertain to CMTA but may
affect BOC functions or its employees.
- CTDC circularizes original ruling or
decisions of the Commissioner of
Customs, Supreme Court , Tariff
Commission or other agencies in relation
to customs classification and valuation.
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POWERS AND FUNCTIONS OF THE
COMMISSIONER
(e) Delegate the powers vested under CMTA to any
customs officer with the rank equivalent to division
chief or higher, except for the following powers and
functions:
i. Promulgation of rules and regulations;
ii. Issuance, revocation or modification of rulings; and
iii. Compromise or abatement customs obligations.
- Customs Officer as distinguished from a clerk or
employee, refers to a person whose duty, not
being clerical or manual in nature, involves the
exercise of discretion in performing the function of
BOC. It may also refer to an employee authorized
to perform a specific function of BOC. 14
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PROMULGATION OF RULES AND
REGULATIONS
1. The Commissioner, subject to the approval of the
Secretary of Finance, shall promulgate rules and
regulations for the enforcement of CMTA.
2. The Commissioner shall regularly prepare and
publish an updated customs manual, and the
rules, regulations and decisions of the Bureau.
The Commissioner shall furnish the Congress of
the Philippines, the NEDA and the Tariff
Commission with electronic copies of department
orders, administrative orders, circulars, and rules
and regulations promulgated pursuant to CMTA.
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PUBLICATION OF CUSTOMS
ISSUANCES
• Issuances by an administrative agency have the
force and effect of law. Thus, when the
issuances are of “general applicability”
publication is necessary as a requirement of
due process. (Caltex (Philippines, Inc. v. Court
of Appeals, 292 SCRA 281)
- It must be noted however that, an issuance
which is addressed only to particular persons or
a class of persons (the customs collectors)
need not be published, on the assumption that it
has been circularized to all concerned. (Jimmy
O. Yaokosin v. Commissioner of Customs, 180
SCRA 599)
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POWERS AND FUNCTIONS OF THE
COMMISSIONER
(f) Assignment or reassignment any customs
officer subject to the approval of the Secretary
of Finance: Provided, That District Collectors
and other customs officers that perform
assessment functions shall not remain in the
same area of assignment for more than 3
years; and
(g) Perform all other duties and functions as may
be necessary for the effective implementation
of this Act and other customs related laws.
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IMPORTATION
§ The act of bringing in of goods from a
foreign territory into Philippine territory
whether for: (a) consumption [term
used in RKC is “for home use” ], (b)
warehousing, or (c) admission.
§ Admission
§ the act of bringing imported goods
directly or through transit into a free
zone
§ Free zones: SEZ registered with
PEZA or legislated freeports (SFZ,
CFZ, etc.) 18
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2022 CBLE Review - CL - 01 Material
DEFINITION ADMITS EXCEPTION
• An exception to the definition is
transshipment
– refers to the customs procedure under which
goods are transferred under customs control
from the importing means of transport to the
exporting means of transport within the area
of one customs office, which is the office of
both exportation and importation.
– though there is entry of carrying
vessel/aircraft and discharge there is no
importation
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WHAT MAY BE IMPORTED INTO OR
EXPORTED FROM THE PHILIPPINES
• Free importation and exportation:
– Unless otherwise provided by law or
regulation, all goods may be freely
imported into and exported from the
Philippines without need for import and
export permits, clearances or licenses.
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PROHIBITED IMPORTATION AND
EXPORTATION
(c) Written or printed goods, negatives or
cinematographic film, photographs,
engravings, lithographs, objects,
paintings, drawings or other
representation of an obscene or immoral
character;
(d) Any goods manufactured in whole or in
part of gold, silver or other precious metals
or alloys and the stamp, brand or mark
does not indicate the actual fineness of
quality of the metals or alloys;
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IMPORTATION: ACTUAL OR CONSTRUCTIVE
• Definition in customs administration
- The glossary of terms published by World Customs
Organization (WCO) defines importation
as entry to a customs territory.
• Types of importation
- Actual: from a foreign territory to Philippine territory
(CMTA definition)
- Constructive:
Involves the sale or any other mode of conveyance
and delivery of raw materials, and semi-finished
products from a CBW to a CMBW, free zone or vice –
versa. (Sec. 2.11, CAO 1-2009) or the sale of goods
from enterprises operating in the free zone which are
considered as separate customs territory to the
customs territory.
c
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REGULATED IMPORTATION AND
EXPORTATION
• General rule: Goods may only be imported or
exported only after securing the necessary
clearances, clearance, or other requirements.
– Exception: In case of importation,
submission of requirements after arrival of
the goods but prior to the release from
customs custody shall be allowed.
• but only in cases allowed by governing
rules and regulations.
- In case exports: Must be secured prior
to lodgment of export declaration
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PROHIBITED IMPORTATION AND
EXPORTATION
(e) Any adulterated or misbranded food or goods
for human consumption or any adulterated or
misbranded drug in violation of relevant laws
and regulations;
(f) Infringing goods as defined under the
Intellectual Property Code and related laws;
and
- Infringing goods means goods imported in
violation of IP Code
(g) All other goods or parts thereof, which
importation and exportation are explicitly
prohibited by law or rules and regulations
issued by the competent authority.
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WHEN IMPORTED GOODS ARE DEEMED
“ENTERED FOR CONSUMPTION”
• Treatment of Importation:
– Imported goods shall be deemed “entered” in
the Philippines for consumption:
• when the goods declaration is
electronically lodged, together with any
required supporting documents, with the
pertinent customs office.
– Customs office refers to any customs
admnistrative unit that is competent and
authorized to perform all or any of the
functions enumerated under customs and
tariff laws.
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PROHIBITED IMPORTATION AND
EXPORTATION
(a) Written or printed goods in any form containing
any matter advocating or inciting treason,
rebellion, insurrection, sedition against the
government of the Philippines, or forcible
resistance to any law of the Philippines, or written
or printed goods containing any threat to take the
life of, or inflict bodily harm upon any person in
the Philippines;
(b) Goods, instruments, drugs and substances
designed, intended or adapted for producing
unlawful abortion, or any printed matter which
advertises, describes or gives direct or indirect
information where, how or by whom unlawful
abortion is committed; 24
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BOC OFFICE TASKED TO ENFORCE IPR
VIOLATIONS IN RELATION TO IMPORTATION
AND EXPORTATION
Intellectual Property Rights Division, CIIS
• Functions
- handle applications for recordation of IPRs and
products covered therein
- (recommend) issuance alert/hold orders against
shipments suspected of containing infringing
goods
- investigate cases involving IPR violations and to
recommend prosecution
- represent gov’t exclusively in all seizure and
forfeiture proceedings relating to IPR matters 27
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2022 CBLE Review - CL - 01 Material
RESTRICTED IMPORTATION AND
EXPORTATION
Except when authorized by law or regulation, the
importation and exportation of the following restricted
goods are prohibited:
(a) Dynamite, gunpowder, ammunitions and other
explosives, firearms and weapons of war, or parts
thereof;
(b) Roulette wheels, gambling outfits, loaded dice,
marked cards, machines, apparatus or mechanical
devices used in gambling or the distribution of money,
cigars, cigarettes or other goods when such
distribution is dependent on chance, including jackpot
and pinball machines or similar contrivances, or parts
thereof;
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WHEN IMPORTATION BEGINS AND DEEMED
TERMINATED
• Begins: When the carrying vessel or aircraft enters the
Philippine territory with the intention to unlade
therein
• Terminated:
•If subject to payment of D&T:
– D&T have been paid or secured to be paid at the
port of entry and legal permit for withdrawal has
been granted.
• meaning of secured to be paid
• If free from D&T:
– Goods have legally left the jurisdiction of the
Bureau of Customs.
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WHEN CUSTOMS RE-ACQUIRE JURISDICTION
OVER GOODS IMPORTED DUTY FREE
• When condition(s) for duty-free importation
has ceased to exist.
- Sale of goods that entered conditionally-
free
- Goods are used for purposes other than
they were intended at the time of
importation
• When goods admitted to free zones are
withdrawn for entry to customs territory
– Either for consumption or warehousing
c
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RESTRICTED IMPORTATION AND EXPORTATION RESTRICTED IMPORTATION AND EXPORTATION
(e) Opium pipes or parts thereof, of whatever
(c) Lottery and sweepstakes tickets, except material;
advertisements thereof and lists of drawings therein.
(d) Marijuana, opium, poppies, coca leaves, heroin or (f) Any other goods whose importation and
exportation are restricted.
other narcotics or synthetic drugs which are or may
hereafter be declared habit forming by the President • The restriction to import or export the above stated
goods shall include the restriction on their transit.
of the Philippines, or any compound, manufactured
salt, derivative, or preparation thereof, except when
imported by the government of the Philippines or any
person duly authorized by the Dangerous Drugs Board,
for medicinal purposes;
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BOC STILL HAS JURISDICTION OVER IMPORTED
PAYMENT OF AN AMOUNT DOES NOT
NECESSARILY END IMPORTATION GOODS WHEN IMPORTATION HAS NOT BEEN
TERMINATED
• Payment of an amount for customs duties, • The payment of duties and taxes must be in full.
taxes, etc. does not necessarily terminate the (Papa v. Mago 22 SCRA 865)
importation and make the release of the
What are customs controls that may result to
imported goods from the customs zone regular. collection of deficient payment or effect seizure
Importation is deemed terminated only upon of smuggled goods when they have left
FULL payment of the duties, taxes and other customs zone
charges upon the articles, or secured to be paid, - post clearance audit
at the port of entry and the legal permit for - exercise of power to inspect and visit
withdrawal shall have been granted. (Collector
of Customs vs. Torres, 45 SCRA 284) - doctrine of “hot pursuit”
- police authority
c
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ALL GOODS IMPORTED INTO THE
PHILIPPINES SUBJECT TO DUTY: LEGAL INTEREST ON UNPAID DUTIES
AND TAXES
EXCEPTIONS
• Under CMTA
• Unpaid duties, taxes and other charges, shall incur
– Conditionally free which includes previously
legal interest of 20% per annum computed from the
exported goods
date of final assessment
– Importations under the CBW system
– D&T become due and demandable from date of
– Goods for transshipment
final assessment
– Relief consignment
– Assessment shall be deemed final fifteen (15)
• By law
days after receipt of the notice of assessment
– investments laws like RA 7916 and laws creating
by the importer or consignee.
free port zones
– The legal interest shall likewise accrue on any
• By treaty
fine or penalty imposed.
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SURCHARGE FOR FAILURE TO PAY
§ For failure to pay D&T of an assessment
within 15 days from the date of final
assessment
§ surcharge of 10% of the total assessed
amount or balance thereof shall be added
and collected, which surcharge shall
increase to 25% if the delinquency lasts
for more than 1 year.
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APPLICABLE RATE OF DUTY
• In case of goods entered for warehousing:
– Imported goods shall be subject to the
import duty rates under the applicable
tariff heading that are effective upon
withdrawal from the warehouse for
consumption. (Date of lodging goods
declaration for consumption)
• But for purposes of computing
warehousing security duties and taxes
shall be based on the prevailing rate of
duty at the date of lodgment of goods
declaration for warehousing.
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DECLARANT
• Definition: Any person who makes a goods
declaration or in whose name such a
declaration is made (RKC)
– Goods declaration: a statement made in the
manner prescribed by the Bureau and other
appropriate agencies, by which the persons
concerned indicate the procedure to be
observed in the application for the entry or
admission of imported goods and the
particulars of which the customs
administration shall require.
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BOC REQUIRED TO ISSUE PROOF OF
PAYMENT
• Upon payment of the duties, taxes and other
charges, the Bureau shall issue the necessary
receipt or document as proof of such
payment.
– Currently thru Statement of Settlement of
Duties and Taxes (SSDT)
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APPLICABLE RATE OF DUTY FOR GOODS
WITHDRAWN FROM FREE ZONE FOR
INTRODUCTION TO CUSTOMS TERRITORY
• Duty rate at the time of withdrawal shall be
applicable on the goods originally admitted, whether
withdrawn in its original or advanced form.
– Illustration: Locator “A” has PEZA Import Permit
allowing him to import 5 tons of plastic resins duty
and tax free. The plastic resins were processed
into 1,000 plastic chair. 100 plastic chairs were
sold to a company operating in the customs
territory.
- Duty shall be computed on the plastic resins
which was the goods originally admitted and
40 withdrawn in advanced form 41
41
PERSONS WHO MAY ACT AS DECLARANT
• A declarant may be a consignee or a person who
has the right to dispose of the goods.
• The declarant shall lodge a goods declaration
with the Bureau and may be:
(a) the importer, being the holder of the bill of
lading; or
(b) the exporter, being the owner of the goods
to be shipped out; or
(c) a customs broker acting under the authority
of the importer or from a holder of the bill;
or
(d) A person duly empowered to act as agent or
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attorney-in-fact for each holder. 44
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APPLICABLE RATE OF DUTY
• Imported goods shall be subject to the
import duty rates under the applicable
tariff heading that are effective at the
date of importation.
– Date of importation is interpreted as
the date of lodging goods declaration
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RATES OF DUTY FOR GOODS SOLD AT
CUSTOMS PUBLIC AUCTION
• In case of goods sold at customs public auction,
the duty rates at the date of the auction shall
apply for purposes of computing customs duty
due on disposed goods under customs custody.
– Duties shall be deducted from the proceeds in
the disposition of Impliedly abandoned
goods with no offense committed and
disposed in the exercise of government’s right
of lien.
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PERSONS WHO MAY ACT AS DECLARANT
IN CASE IMPORTER IS A JURIDICAL
PERSON
• In case the consignee or the person who
has the right to dispose of the goods is a
juridical person, it may authorize a
responsible officer of the company to
sign the goods declaration as declarant
in its behalf.
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EFFECTIVITY OF THE “ATTORNEY-IN-FACT”
PROVISION
• That for importations, a transition
period of 2 years from CMTA effectivity;
– CMTA took effect June 16, 2016
• That 2 years from the effectivity
“attorney-in-fact” provision shall take
into effect consistent with international
standards and customs best practices.
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PENALTIES FOR ERRORS IN GOODS
DECLARATION
• The Bureau shall not impose substantial
penalties for errors when such errors
are inadvertent and there was no
fraudulent intent or gross negligence in
the commission thereof:
• Provided, That, in order to discourage
repetition of such errors, a penalty may
be imposed but shall not be excessive.
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• “Inadvertent error” refers to a “mechanical, electronic or
clerical error committed unintentionally by the Importer
and occurred notwithstanding the maintenance of
internal controls necessary to avoid such errors.
• Fraud” refers to the “commission or omission of nay act
resulting in material false statements such as, but not
limited to, the submission of false or altered documents in
connection with any importation, knowingly, voluntarily
and intentionally done, to reduce the taxes and duties
paid or to avoid compliance with government regulations
related to the entry of regulated, prohibited or restricted
goods into Philippine customs territory through
misdeclaration, misclassification or undervaluation.
• “Gross negligence” refers to “act or acts of omission or
commission done with actual knowledge or wanton
disregard of the relevant facts and with indifference to or
disregard for offender’s obligation under the statue. 52
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SIGNING AND PROCESSING OF GOODS
DECLARATION
• The declarant shall sign the goods
declaration, even when assisted by a
licensed customs broker, who shall
likewise sign the goods declaration.
• The goods declarations submitted to the
Bureau shall be processed by the
declarant or by a licensed customs
broker.
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PENALTY FOR ERRORS IN GOODS DECLARATION
• To discourage repetition, the concerned
District Collector, through the Deputy
Collector for Assessment, shall, in addition to
the assessed duties, taxes, fees, fines or
surcharges due, collect a fine of five
thousand Pesos (P5,000.00) for every clerical
error determined to have been committed in
the covering Goods Declaration upon the
lodgment thereof.
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APPLICATION OF INFORMATION AND
COMMUNICATIONS TECHNOLOGY
• In accordance with international standards, the
Bureau shall utilize ICT to enhance customs control
and to support a cost-effective and efficient
customs operations geared towards a paperless
customs environment.
• The Bureau shall communicate, exchange and
process trade- and logistics-related information in
the national and regional level for the efficient and
prompt clearance of goods and commodities in a
technology-neutral and secured infrastructure for
business, industries, and government.
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RIGHTS AND RESPONSIBILITIES OF DECLARANT
AND CUSTOMS BROKER
• The declarant shall be responsible for the
accuracy of the goods declaration and for the
payment of all duties, taxes, and other charges
due on the imported goods.
• The licensed customs broker shall likewise be
responsible for the accuracy of the goods
declaration but shall not be responsible for the
payment of duties, taxes and other charges due
on the imported goods.
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CLERICAL ERROR, DEFINED
• Errors may be clerical when the same is inadvertent
which may include misspelling and/or incorrect input
of data while drafting, copying or transposing a
document such as consignee(s)’ name, importing
vessel or aircraft, port of departure, port of
destination and date of arrival, the number and/or
marks of packages, or the quantity, the nature and
correct commodity description of the goods
contained therein, its value as set forth in a proper
invoice, packing list and such other information as
may be required by the rules and regulations;
provided, that it is not attendant with fraud and not
due to gross negligence.
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APPLICATION OF INFORMATION AND
COMMUNICATIONS TECHNOLOGY
• The security of data and communication shall
be in a manner that is consistent with
applicable local and internationally accepted
standards on information security.
• The Bureau shall likewise include as part of its
systems and processes, a disaster preparedness
and recovery plan to ensure business continuity
by maintaining its uptime goal for its electronic
and online services
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ELECTRONIC DOCUMENTS ACCEPTABLE
For purposes of customs procedures, electronic
documents, permits, licenses or certificates shall be
acceptable and shall have the legal effect, validity or
enforceability as any other document or legal writing:
Provided, That when the prescribed requirements are
duly complied with, the Bureau shall:
(a) recognize the authenticity and reliability of
electronic documents;
(b) transmit approval in the form of electronic data
messages or electronic documents; and
(c) require and/or accept payments and issue
receipts acknowledging such payments through
systems using electronic date messages or
electronic documents.
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RELATIONSHIP BETWEEN THE BUREAU
AND THIRD PARTIES
• Subject to the provisions of existing laws,
treaties, convention and international
agreements, the Secretary of Finance shall
make the necessary guidelines for the
defined relationship of the Bureau and third
parties.
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AVAILABILITY OF INFORMATION PRIOR TO
EFFECTIVITY
• Any new information, amendment or
changes in customs law, administrative
procedures or requirements, shall, as far as
practicable, be made readily available prior
to its effective date of implementation unless
advance notice is precluded.
– In cases that the issuance takes effect
immediately
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RELATIONSHIP BETWEEN THE BUREAU
AND THIRD PARTIES
• Definition:
– Third Party refers to any person who deals
directly with the Bureau of Customs, for
and on behalf of another person, relating
to importation, exportation, movement or
storage of goods.
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INFORMATION OF GENERAL APPLICATION
• All laws, decisions, rulings, circulars, memoranda
and orders of the Bureau shall be published in
accordance with law.
– Compliance with due process
• To foster an informed compliance regime, the
Bureau shall ensure that all relevant and available
information of general application pertaining to
customs operations and procedures
– which are not confidential or intended for the
Bureau’s internal use only, shall be readily
accessible to any interested person.
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INFORMATION OF SPECIFIC NATURE
• The Bureau shall provide information, not
otherwise confidential or for the Bureau’s
internal use only, relating to a specific matter
as may be requested by an interested party
for legitimate use.
• The Bureau may require the payment of a
reasonable fee in providing such information.
The requested information shall be released
within reasonable time from the filing of the
request and payment of the required fee.
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RELATIONSHIP BETWEEN THE BUREAU AND
THIRD PARTIES
1. Parties may transact business with the Bureau
either directly or through a designated third
party to act on their behalf.
2. The customs transactions directly transacted
by a party shall not be treated less favorably or
be subject to more stringent requirements
than those transacted through a designated
third party.
- A designated third party shall have the same rights
and obligations as the designating party when
transacting business with the Bureau. 57
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WHAT MAY BE INCLUDED IN PUBLICATION OF
RULINGS
• The publication shall contain information on the
goods involved, the body or summary of the
ruling, particularly the grounds relied upon to
support the ruling,
– but shall exclude the name of the requesting
party and other information which by their very
nature are confidential, including those which
the requesting party indicated in its application
as confidential in nature.
– Except in the context of judicial proceedings, any
disclosure of confidential information under this
section shall not be made except upon the
written consent of the beneficiary of the advance
ruling.
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GENERAL RULE ON THE PERIOD BY WHICH TO
MAKE APPEAL
• Any party adversely affected by a decision or
omission of the Bureau pertaining to an
importation, exportation, or any other legal claim
shall have the right to appeal within fifteen (15)
days from receipt of the questioned decision or
order.
– District Collector to Commissioner:15 days
except denial of refund applications – 30 days;
appeal on declaration of forfeiture of perishable
goods – 5 days
• The Bureau may allow a reasonable time for the
submission of supporting evidence to the appeal.
- Should be submitted within a reasonable time
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