QuestionsQuestions (BOC CUSTOMS ADMINISTRATIVE ORDER NO. 3-2010)
It is issued pursuant to Section 608 of the Tariff and Customs Code of the Philippines (TCCP), as amended, to supplement Administrative Order (AO) No. 243-A, s. 2009, and the Rules to Implement the Bulk and Break Bulk Cargo Clearance Enhancement Program (BBBCCEP) issued by the CACSC.
It provides and clarifies operational and administrative guidelines for the BBBCCEP as directed by AO No. 243-A and the CACSC Rules, and it sets transitional procedures to ensure smooth implementation.
A Discharge Port Survey (DPS) shall be conducted upon arrival of the cargo at the port of discharge.
The cargo is considered a “high risk shipment,” subject to continuing alert and underguarding until the cargo has been examined by a chosen Accredited Cargo Surveying Company (ACSC) and the DPS is issued.
The importer/consignee may be imposed a penalty as provided under Section 3610 in relation to Section 3514 of the TCCP, as amended, if warranted.
Yes. It provides that the fees to be imposed for the conduct of the DPS shall be specified, and it also requires inclusion of transitional rules so stakeholders can adapt to the BBBCCEP.
The Commissioner of Customs may determine inapplicability or exemptions, considering nature of the commodity, risk management principles, and international best practices, then recommend these exemptions to the CACSC; CACSC then requests approval from the Office of the President.
The consignee/importer may either (1) pay under protest or (2) avail of tentative release of the cargo under conditions imposed by the Collector of Customs.
It handles DPS-related applications during the transition period and pending integration of automation requirements of the ACSC into the Bureau’s e2m system.
It is headed by the Deputy Commissioner, AOCG. Deputy Commissioner, MISTG is Vice-Chair, and Deputy Commissioner, EG is Co-Vice Chair.
The OSS includes representatives from: (1) OPARE (Office of the Presidential Adviser on Revenue Enhancement); (2) DTI (also a member of CACSC); (3) private sector (also a CACSC member); and internal BOC units/offices: Office of the Commissioner, Post Entry Audit Group, and Risk Management Office.
It handles applications for the conduct of the DPS filed by the importer/consignee and confirms/authorizes the designation of the chosen ACSC selected by the importer/consignee to conduct the DPS.
The supplemental guidelines must include operational and administrative guidelines for how the OSS will function.
It takes effect fifteen (15) days after its publication.
CAO No. 3-2010 supplements AO No. 243-A and incorporates the CACSC Rules to implement the BBBCCEP by adopting them and making them integral parts of the CAO.
Because the OSS is created pending integration of the automation requirements of the ACSC into the Bureau’s e2m system; until that is in place, the OSS manages DPS applications and authorizations.