QuestionsQuestions (BC CUSTOMS ADMINISTRATIVE ORDER NO. 2-2007)
It aims to partner with the private sector to deliver better, efficient, and reliable front-line customs ICT services through accredited VASPs as a link to BOC, consistent with the e-Customs (ASYCUDAWorld) project and world’s best practices.
The Order aims to establish administrative and operational structures for activation, operation, supervision, and control of VASPs; implement criteria set by the VASP Accreditation Committee (VAC); and provide guidelines for accreditation, establishment, and operation.
It applies to all collection districts (including sub-ports) and other BOC offices nationwide, and covers specified transactions for imports and exports such as registration of BOC clients, lodgment of declarations, transmission of liquidation/payment/bond/payment and online release information, among other services defined by the Commissioner.
The VAC facilitates and fast-tracks accreditation, recommends policies/responsibilities/liabilities and rules/processes, recommends evaluation criteria and timelines for accreditation for approval of the Commissioner, and conducts information campaigns to ensure widest circulation of the VASP program.
BOC issues invitation/LOI with eligibility requirements; VAC reviews documents and qualifies candidates; BOC releases Terms of Reference and NDA; candidates submit technical and financial proposals and develop systems; BOC releases testing criteria; BOC conducts QA testing via MISTG experts and includes user-friendliness checks; BOC conducts test/site visits, identifies successful candidates, pre-qualifies, then selects and accredit the VASP/s.
The selected VASPs must sign a Service Level Undertaking (SLU) and a Non-Disclosure Undertaking (NDU).
A one-time accreditation fee of PHP 200,000.00 in the first year and an annual fee of PHP 50,000.00 from the second year onwards.
The VASP must post a Performance Bond issued by a BOC-accredited surety company amounting to PHP 5,000,000.00. It shall be forfeited in favor of BOC if the VASP is established to be in default of any obligations.
It serves as a technical evaluation period for the VASP during which BOC decides whether to grant full accreditation status after the probation period.
Accreditation is for three (3) years inclusive of the probation period, and is renewable yearly thereafter, subject to evaluation of SLU performance and compliance with eligibility requirements.
For violation of the Order and related rules including SLU and NDU; violation of the Tariff and Customs Code, e-Commerce Act and related laws; actions inimical to the security and integrity of BOC e-Customs operations; and other violations as determined by the Commissioner.
BOC reserves the right to change any accreditation criteria as deemed necessary by the Commissioner.
The BOC-VASP Gateway (operated by BOC) shall be the sole connectivity of VASPs to the BOC e-Customs System. BOC clients connect to the gateway via their accredited VASP.
The facility is available to duly registered importers, exporters, and their designated brokers.
It requires phased implementation, with BOC defining the schedule, ports, and types of transactions covered in each phase to manage technical requirements and mitigate impact on stakeholders.
VASPs determine their own fee structures based on market conditions and sustainability requirements, and BOC shall not collect those fees on behalf of the VASPs.
The remaining portion remains valid and unaffected.
It takes effect immediately, as stated in the Effectivity Clause.