Question & AnswerQ&A (BOC CUSTOMS ADMINISTRATIVE ORDER NO. 6-2011)
The primary objective is to implement supplemental rules to enhance the Bulk and Breakbulk Cargo Clearance Program, ensuring the integrity of Destination Port Survey Reports and preventing circumvention of the Load Port Survey (LPS) requirements.
The rules cover shipments considered High Risk pursuant to Item No. 7 of CMO 18-2010, Accredited Cargo Surveying Companies (ACSC) handling Bulk and Break Bulk Cargoes, and importers of Bulk and Break Bulk cargoes deemed recidivists under the specified provisions.
All Accredited Cargo Surveying Companies (ACSCs) must submit weekly reports on inspected/surveyed bulk and break bulk cargoes to the Deputy Commissioner for Assessment and Operations (AOCG), who heads the One Stop Shop (OSS) on Bulk and Break Bulk Cargoes.
Failure to submit the weekly reports may render the surveying company liable under Sections 8 and 29 of CAO No. 6-2011, implying administrative sanctions or penalties.
Such shipments are considered High Risk and allowed to apply for a Destination Port Survey (DPS), subject to extensive physical examination under guard, supervised by BOC and ACSC, payment of duties and taxes, and administrative fines if applicable.
For initial violations, a 20% administrative fine of the dutiable value is imposed; for succeeding violations, the fine is 40%. The fines must be paid via Manager's or Cashier’s Check to the Bureau of Customs through the port's Collecting Officer.
The DPS must be conducted within 24 hours from receipt of the formal notice from the AOCG-OSS.
Exemption may be allowed only in cases of force majeure, which must be duly verified by the One Stop Shop (OSS).
Such customs officials or employees shall be subjected to administrative and/or criminal cases for authorizing conduct of DPS without AOCG-OSS approval or releasing goods without the required LPS or DPS.
The AOCG can recommend to the Commissioner the revocation of accreditation of the ACSC or importer concerned upon receipt of reports of repeated or intentional violations related to Bulk and Break Bulk cargo orders.