Law Summary
Import Entries
- Importations must undergo formal or informal entry except those duty-free under specific provisions.
- Commercial articles valued at P2,000 or less and personal effects not for resale may use informal entry when duties are collectible.
- The Commissioner of Customs may require formal entry regardless of value to protect domestic industry or revenue.
- Formal entries can include warehousing or immediate exportation under required guarantees.
- Formal entries must be supported by letter of credit or verifiable payment documents.
Readjustment of Appraisal, Classification, or Return
- Customs appraisals, classifications, or returns are generally final unless:
- Within one year after payment correcting errors with approval.
- Within 15 days for reappraisal if values are deemed low.
- Upon protests filed timely by interested parties.
- Upon compliance audit demands by the Commissioner.
Finality of Liquidation
- After three years from final payment, entries are final unless fraud, protest, or compliance audit justifies reconsideration.
- Tentative liquidations are exceptions and not final.
Government's Right of Compulsory Acquisition
- To prevent undervaluation, the Commissioner of Customs may acquire imported goods at declared customs value plus duties paid.
- Payment for acquisition must be made within ten working days upon issuance of warrant.
- Importers dissatisfied with acquisition decisions may appeal first to the Secretary of Finance, then to the Court of Tax Appeals.
- If no appeal or reaffirmation occurs, the goods may be sold by Customs.
- The provision does not limit other Customs powers or liabilities of importers.
Supervision and Control Over Legal Proceedings
- Civil and criminal actions on Customs matters are brought in the name of the Philippine government and conducted by Customs officers.
- No civil or criminal action for recovery or enforcement of customs laws can proceed without Commissioner approval.
Disposition of Surplus from Sale of Abandoned or Forfeited Goods
- Surplus proceeds after satisfaction of charges remain with the Collector for 10 days for owner claims.
- Unclaimed amounts are deposited in a special trust fund to finance compulsory acquisition of goods.
- After one year, unused funds (except for next year’s acquisitions) revert to the Bureau of Treasury as customs receipts.
Record-Keeping Requirements
- Importers must keep all importation records, books of accounts, commercial data, and payment records for three years at their principal place of business.
- Customs brokers must keep copies of related records for transactions they handle.
- The format is prescribed by Customs regulations.
Customs Compliance Audit and Examination of Records
- Importers and brokers must allow Customs officers access during office hours to audit, inspect, verify, and investigate records.
- Customs officers may copy relevant documents and must present evidence of authorization before entry.
- Importers must provide reasonable facilities and assistance.
- Non-compliance may lead to judicial enforcement and contempt penalties.
- Denial of access presumes transaction value inaccuracies and can trigger reassessment and criminal/administrative sanctions.
Scope and Criteria for Audits
- Audits may be triggered by computer-aided risk management based on customs revenue, rates, compliance history, and revenue risk.
- Audits may also occur due to detected errors or at importer request.
- Brokers may be audited to confirm client audits or fill information gaps.
Requirement for Foreign Language Document Translation
- Documents in foreign languages submitted to Customs must be accompanied by translations in an official Philippine language.
Recording of Audit Results and Importer/Broker Profiling
- Customs maintains a database of audits including company structure, key officers, importations, privileges, penalties, and risk categories.
Renaming of Legal Chapter
- Part 3, Title VII of the Customs Code renamed as "PROVISIONS on Penalties".
Statutory Offenses and Penalties for Customs Officials and Employees
- Customs officials committing offenses such as extortion, unlawful demand/receipt of fees, neglect of duty, collusion, aiding fraud, false entries, failure to report violations, unauthorized settlements, or misuse of confidential information face:
- Fines from P5,000 to P50,000
- Imprisonment from 1 to 10 years
- Perpetual disqualification from public office and voting
Penalties for Importers/Brokers for Record-Keeping Violations
- Failure to keep proper records or deny Customs access results in:
- Fines from P100,000 to P200,000
- Imprisonment from 2 years and 1 day to 6 years
- Administrative sanctions including holding release of imports may also be imposed.
Penalties for Failure to Pay Correct Duties and Taxes
- Post-entry audits revealing duty and tax deficiencies lead to penalties based on culpability:
- Negligence: fine 0.5 to 2 times revenue loss
- Gross negligence: fine 2.5 to 4 times revenue loss
- Fraud (knowingly intentional): fine 5 to 8 times revenue loss plus 2 to 8 years imprisonment
- Decisions on penalties may be appealed pursuant to procedural provisions.
Miscellaneous
- Section renumbering for clarity and organization.
- Secretary of Finance empowered to issue implementing rules and regulations.
- Repeal of inconsistent existing laws and issuance of effectivity clause (15 days post-publication).