Question & AnswerQ&A (BOC CUSTOMS MEMORANDUM ORDER NO. 26-2003)
The main objective is to provide operational mechanisms to ensure effective containment and interdiction of illicit traffic of dangerous drugs and controlled chemicals at all Philippine ports of entry.
This Order covers all Philippine ports of entry, including all areas considered as Customs zones.
The acts prohibited or declared unlawful under Section 4 of RA 9165 are adopted as the same acts prohibited by these rules.
The parties liable under Section 4 of RA 9165 are likewise made liable under this Order.
All shipments of dangerous drugs and controlled chemicals under the 1961 Convention on Narcotic Drugs, the 1971 Convention on Psychotropic Substances, and the 1988 U.N. Convention are subject to 100% examination.
Required documents include the Import Entry and Internal Revenue Declaration (BC Form 236), Bill of Lading or Air Way Bill, Commercial Invoice, Packing List, Technical Manuals like Material Safety Data Sheet or Certificate of Analysis, permits and clearances from government agencies, and other needed documents.
If the shipment hits RED, a 100% examination is conducted; if YELLOW, a rigid document verification with possible examination; and if GREEN Channel, shipment may be released unless an Alert/Hold Order is issued.
The Director of the Enforcement and Security Service (ESS), who is the Deputy Task Group Commander for Operations, has overall operational control and supervision.
Their duties include verifying import documents, maintaining official records, cross-checking permits against shipments, enforcing customs rules on suspected shipments, and ensuring suppression of smuggling of dangerous drugs and controlled chemicals.
They shall be turned over to the PDEA after the required inventory, photographing, marking, and laboratory confirmation within 24 hours from issuance of certification confirming the identity of the seized substance.
No outside agency is allowed to operate in Customs zones unless prior coordination and approval are made with the Task Group Head/Commissioner of Customs or relevant officials.
An Alert Order shall be issued, samples obtained for laboratory analysis, and expenses for analysis shall be borne by the consignee.
The CIIS, through the Deputy Task Group Commander for Intelligence, ensures briefing of Task Forces on drug situational assessments and dissemination of necessary intelligence for operations; it also supervises and controls Task Forces in coordination with other officials.
The District Collector acts as Task Force Commander at their port, ensuring coordination among offices, referring import documents to Task Force Core Team for monitoring, and overseeing smooth operation of drug interdiction efforts.
They shall be turned over to the PDEA after a joint investigation by PDEA and Customs Investigators; filing and prosecution of cases shall be handled by the PDEA.