Administrative Provisions and Coverage
- Applicable to shipments classified as High Risk under Item No. 7 of CMO 18-2010.
- Targets Accredited Cargo Surveying Companies (ACSC) involved with bulk and breakbulk cargoes.
- Covers importers of bulk and breakbulk cargoes who are repeat offenders as per Item No. 7.2 (c).
- Mandates weekly reports from ACSCs to the Deputy Commissioner for Assessment and Operations (AOCG), containing inspection/survey data of bulk and breakbulk cargoes from ports of loading.
- Non-compliance with reporting may result in liability under relevant Customs laws (Sections 8 and 29).
Operational Provisions for Shipments Without Load Port Survey (LPS)
- Strict application of Item No. 7 of CMO 18-2010 to bulk and breakbulk shipments lacking LPS.
- Importers of these shipments may apply for a Destination Port Survey (DPS), under conditions:
- Considered High Risk and subject to extensive physical examination, continuous guarding, and full payment of duties, taxes, and fines.
- DPS conducted under BOC supervision and control, including determination and assignment of ACSC.
- DPS performed in presence of BOC examiners/appraisers and representatives from AOCG/OSS.
- Administrative fines imposed on recidivist importers:
- 20% of dutiable value for initial violation.
- 40% of dutiable value for subsequent violations.
- Payment of fines must be made via Manager’s or Cashier’s check to the Bureau of Customs at the concerned port.
- DPS must be conducted within 24 hours after formal notice to the importer’s assigned ACSC, adhering to CMO 18-2010 guidelines.
- Exemptions from LPS submission allowed only under force majeure, with OSS verification.
Amendments and Supervisory Authority
- Definition of One-Stop Shop (OSS) amended to describe it as the unit headed by AOCG Deputy Commissioner.
- OSS is responsible for approving DPS requests, monitoring DPS conduct, and imposing penalties for violations.
- Authority to conduct DPS or release goods without necessary LPS/DPS requires OSS approval.
- Customs officials authorizing DPS without OSS approval or releasing goods improperly face administrative and/or criminal charges.
Enforcement and Revocation
- AOCG to recommend revocation of ACSC or importer accreditation for repeated or intentional violations based on port collector reports.
Effectivity
- The Order becomes effective 15 days after issuance.
- Provisions of CMO 18-2010 not amended or affected remain in force.