Core amendments: Section 27
- Section 27 of Republic Act No. 9280 is amended to provide that any single act or transaction embraced within Section 6 constitutes an act engaging in the practice of the customs broker profession and the consignee/owner/importer under oath based on covering documents submitted by importers (Section 27(a)).
- The amended Section 27(a) provides a specific signing rule for export declarations.
- The export declaration must be signed by the exporter.
- At the exporter’s option, the exporter may delegate the signing and processing of the export declaration to the exporter’s designated customs broker or authorized representative (Section 27(a), proviso).
Core amendments: Section 29
- Section 29 of Republic Act No. 9280 is amended to state that the practice of customs broker is a professional service.
- Admission to the practice is determined on the basis of individual and personal qualifications (Section 29(a)).
- Republic Act No. 9853 allows corporate participation by providing that nothing in the Act prevents a corporation from being registered to engage in customs brokerage business.
- The corporation must engage or hire the services of at least one (1) customs broker (Section 29(a)).
- For purposes of the Act, “engaging in the business of customs brokerage” means making representations in behalf of importer-clients in the Bureau of Customs (BOC) and other government agencies (Section 29(a), definition proviso line).
- Corporations engaged in customs brokerage business must have a minimum paid-up capital of Php1,000,000.00 before they are accredited by the BOC (Section 29(a), proviso).
Repealing and modification rule
- Section 3 provides a general repealing and modification clause: all laws, presidential decrees, executive orders, memorandum orders, and other administrative orders, rules and regulations, or parts thereof, that are contrary to or inconsistent with Republic Act No. 9853 are repealed, modified, or amended accordingly.