Law Summary
Objectives of the Order
- Establish administrative and operational structures for VASPs
- Implement accreditation criteria through VASP Accreditation Committee (VAC)
- Maximize private sector participation and technical expertise
- Manage the usage of VASPs for processing import and export transactions
- Promote Customs best practices in trade facilitation, revenue, enforcement, and personnel development
- Serve as a model for other government agencies aligning with the National Single Window system
- Enable smooth transition from existing Entry Encoding Center (EEC) to internet/wireless-based customs processing
Scope of Application
- Applies to all BOC collection districts, sub ports, and offices nationwide
- Covers all import and export transactions through VASPs including client registration, declaration lodgment, transmission of relevant customs information, and other related services
Administrative Provisions: Accreditation of VASPs
- VAC facilitates accreditation, policy recommendation, evaluation criteria, and informational campaigns
- Accreditation criteria are prescribed and subject to updates with Commissioner approval
- Invitation for Letters of Intent from qualified ICT firms; document and proposal review process in place
- VASPs develop systems per BOC requirements and undergo technical and quality assurance testing
- Accredited VASPs must sign Service Level Undertaking (SLU) and Non-Disclosure Undertaking (NDU)
- Fees imposed: one-time accreditation fee (PhP200,000), annual fee (PhP50,000)
- Performance bond of PhP 5 million required, forfeitable upon default
- Six-month probationary technical evaluation before full accreditation
- Accreditation valid for 3 years, renewable annually based on performance and compliance
- Provision for re-accreditation if only one VASP initially accredited; technical evaluations ongoing
- Pre-termination grounds include violations of Order, laws, and security threats
Fee Structure
- VASPs determine their own fees for services to clients; BOC does not collect these fees
Operational Provisions
- VASPs develop front-end ICT systems and infrastructure for electronic transactions
- BOC-VASP Gateway is the only connectivity channel to the BOC e-Customs System
- Services available to registered importers, exporters, and brokers
- Implementation will be phased with BOC-defined schedules and transaction types
Additional Guidelines
- Commissioner authorized to issue further guidelines for efficient VASP implementation
Repealing Clause
- Conflicting orders, memoranda, and circulars are repealed or modified accordingly
Separability Clause
- Invalidity of any part does not affect remaining provisions
Effectivity Clause
- Order takes immediate effect as of January 22, 2007