QuestionsQuestions (Republic Act No. 9853)
RA 9853 amends Republic Act No. 9280, known as the “Customs Brokers Act of 2004.” RA 9853 specifically provides amendments to RA 9280, titled “An Act Amending Republic Act No. 9280, Otherwise Known as the ‘Customs Brokers Act of 2004’, and for Other Purposes.”
Any single act or transaction embraced within Section 6 of RA 9280 constitutes an act engaging in the practice of customs broker—when done by the consignee/owner/importer under oath based on the covering documents submitted by the importers.
The export declaration must 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 states that the practice of customs broker is a professional service, admission to it is determined based on individual and personal qualifications.
Yes. The amended Section 29 provides that nothing prevents a corporation from being registered to engage in customs brokerage, as long as the corporation engages or hires at least one (1) customs broker.
For purposes of the Act, it means making representations on 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.
RA 9853 amends Section 27 by clarifying that any act or transaction embraced within Section 6 constitutes practice when done under oath based on covering documents, and it adds/clarifies the proviso allowing exporters to delegate signing and processing of the export declaration to their designated customs broker or authorized representative.
It clarifies (1) the basis for admission being individual and personal qualifications, (2) that corporations may be registered to engage in customs brokerage if they hire at least one customs broker, (3) the meaning of “engaging in the business of customs brokerage,” and (4) the Php1,000,000.00 minimum paid-up capital requirement before BOC accreditation.
RA 9853 includes a repealing clause stating that all laws, presidential decrees, executive orders, memorandum orders, and other administrative orders, rules, or regulations (or parts thereof) contrary to or inconsistent with the Act are repealed, modified, or amended accordingly.
It takes effect fifteen (15) days after its publication in the Official Gazette or in any newspaper of general circulation in the Philippines.
Yes. The proviso states the exporter may sign it himself or, at his option, delegate the signing and processing to his designated customs broker or authorized representative.
It indicates the legal characterization of an act as engaging in the practice of customs broker requires sworn submission relying on the covering documents submitted by importers; thus, it ties the act to formal responsibility and documentation.
The corporation must engage or hire the services of at least one (1) customs broker as a condition for being registered/engaging in the business of customs brokerage.
Making representations in behalf of importer-clients before the Bureau of Customs and other government agencies—i.e., acting as the intermediary that represents the clients in those government processes.