Question & AnswerQ&A (BOC CUSTOMS MEMORANDUM ORDER NO. 45-2009)
The primary objectives are to provide additional instructions for tentatively released shipments in the E2M Customs System, expedite release of legitimate cargoes upon arrival in the Philippines, and facilitate trade.
It covers shipments under tentative release governed by CMO 37-2001 as amended by CMO 7-2006, except where there are inconsistencies specified in the new CMO 45-2009.
Tentative Release is the process where a shipment is released to the importer to avoid delay while valuation and classification issues are still being deliberated by the Valuation and Classification Review Committee (VCRC).
Cash bonds posted are deposited with the In-House Banks under the BOC Trust Fund Account.
Docket Fees are fees imposed according to Customs Administrative Order 2-2001, included in the payment instruction to the Authorized Agent Bank (AAB) under "Other Charges," and vary depending on the amount protested, ranging from Php 500 to Php 3,000.
The District Collector approves the VCRC Form 1.
The COO III adjusts the Single Administrative Document, computes the guaranteed difference, generates a Temporary SAD, TAN, and the importer posts a cash bond with the In-House Bank before the shipment is tentatively released.
Non-compliance will subject erring parties to appropriate administrative, civil, and/or criminal sanctions as warranted by the circumstances.
It took effect immediately upon adoption on October 6, 2009, but is implemented only at ports already implementing CMO 27-2009.