Question & AnswerQ&A (Republic Act No. 9853)
Republic Act No. 9853 amends Republic Act No. 9280, the Customs Brokers Act of 2004, to update and clarify provisions regarding the practice of the customs broker profession and related regulations.
The practice of a customs broker includes any single act or transaction as provided under Section 6 of RA 9280, such as representing importers in customs-related processes. Signing an export declaration can be done by the exporter or a designated customs broker or authorized representative.
Only individuals qualified and admitted to the profession of customs brokerage may practice, but corporations can engage in customs brokerage business if they hire at least one licensed customs broker and meet certain capital requirements.
Corporations must have a minimum paid-up capital of One million pesos (Php1,000,000.00) before accreditation by the Bureau of Customs (BOC).
It means making representations on behalf of importer-clients before the Bureau of Customs and other government agencies.
No, corporations must hire or engage at least one licensed customs broker to conduct customs brokerage services legally.
All laws, presidential decrees, executive orders, memorandum orders, administrative orders, rules and regulations or parts thereof contrary or inconsistent with RA 9853 are repealed, modified or amended accordingly.
It took effect fifteen (15) days after its publication in the Official Gazette or in any newspaper of general circulation in the Philippines.
Yes, the exporter can delegate the signing and processing of the export declaration to a designated customs broker or authorized representative.
Admission is determined based on individual and personal qualifications, recognizing the practice as a professional service.