QuestionsQuestions (Republic Act No. 9853)
Republic Act No. 9853 is an act amending Republic Act No. 9280 (the “Customs Brokers Act of 2004”) and for other purposes. Its general purpose is to amend specific provisions on (1) acts constituting the practice of customs brokerage and (2) admission/registration requirements for professional practice, including the participation of corporations.
Section 1 of RA 9853 amends Section 27 of RA 9280. It covers “Acts Constituting the Practice of Customs Broker Profession.”
Any single act or transaction embraced within the provision of Section 6 of RA 9280 constitutes an act engaging in the practice of customs broker, involving the consignee/owner/importer, under oath, based on the covering documents submitted by the importers.
The export declaration shall be signed by the exporter or, at his option, the exporter may delegate the signing and processing of the document to his designated customs broker or authorized representative.
It provides that the practice of customs broker is a professional service, admission to which shall be determined based on individual and personal qualifications.
No. It states that nothing in the Act prevents a corporation from being registered for the purpose of engaging in customs brokerage, as long as the corporation engages or hires the services of at least one (1) customs broker.
It means making representations in behalf of importer-clients in the Bureau of Customs (BOC) and other government agencies.
The corporation must have a minimum paid-up capital of One million pesos (Php1,000,000.00) before it is accredited by the BOC.
The corporation must engage or hire the services of at least one (1) customs broker.
Section 27(a) states that any act or transaction embraced within Section 6 constitutes an act engaging in the practice of customs broker (subject to the other requirements in Section 27(a), such as being under oath based on covering documents).
It requires that the relevant engagement in practice (as defined in relation to Section 6 acts/transactions) must be made under oath, based on the covering documents submitted by the importers.
It provides a repealing/modifying clause: all laws, presidential decrees, executive orders, memorandum orders, other administrative orders, rules and regulations, or parts thereof that are contrary to or inconsistent with RA 9853 are repealed, modified, or amended accordingly.
RA 9853 takes effect fifteen (15) days after its publication in the Official Gazette or in any newspaper of general circulation in the Philippines.
An exporter must ensure whether they will sign personally or validly delegate signing and processing to their designated customs broker or authorized representative, as allowed by the provision.
They clarify that the export declaration may be signed and processed by the exporter’s designated customs broker or authorized representative at the exporter’s option.