Declaration of Policy
- State prioritizes professionalizing customs brokers in the Philippines.
- Government to create a conducive program to maximize Filipino customs brokers' capabilities.
Objectives
- Standardize and regulate customs administration education.
- Conduct examination and registration of customs brokers.
- Supervise, control, and regulate the practice of customs broker profession.
Definition of Terms
- "Customs Broker": Holder of valid Certificate of Registration/Professional ID card issued by the Board and Commission.
- "Commission": Refers to the Professional Regulation Commission.
- "Board": Professional Regulatory Board for Customs Brokers.
Professional Regulatory Board for Customs Brokers
- Created under the supervision of the Professional Regulation Commission.
- Composed of a chairman and two members appointed by the President from nominees recommended by accredited organization.
- Board constituted within 3 months from effectivity of the Act.
Scope of the Practice of Customs Brokers
- Includes consultation, preparation of customs documents, declaration of duties and taxes, filing and processing of import/export entries.
- Representation of importers/exporters before government agencies related to customs.
- Teaching customs and tariff administration in recognized institutions also considered practice.
Powers and Functions of the Board
- Promulgate and enforce rules, Code of Ethics and Technical Standards.
- Supervise licensure, registration, and practice of customs brokers.
- Determine qualifications of applicants, prepare exams, register examinees.
- Issue special/temporary permits to foreign customs brokers.
- Enhance profession standards, investigate violations, issue subpoenas.
- Coordinate with CHED on customs administration education standards.
- Prepare continuing professional education guidelines.
- Board decisions subject to Commission approval, except for appeal cases.
Qualifications of the Chairman and Board Members
- Must be Filipino citizens, residents, of good moral character, and members in good standing.
- Must hold Customs Administration degree or be registered and licensed customs brokers before the Act.
- At least 10 years experience as customs broker.
- Cannot be faculty or officers in review institutions or accredited customs broker organizations.
Term of Office
- Board members serve 3 years, may be reappointed once.
- Vacancy filled for unexpired term.
- Take oath before assuming duties.
Compensation
- Comparable to other professional regulatory boards' members.
Suspension and Removal
- Possible upon recommendation for neglect, abuse, incompetence, unethical or criminal conduct.
Supervision and Support Services
- Board under general supervision of the Commission.
- Commission custodian of Board records and provides secretariat.
Annual Report
- Board submits annual report of activities and recommendations to the Commission.
Licensure Examination
- Mandatory for registration as customs brokers.
- Conducted at least annually.
Scope of Examination
- Covers customs laws, tariff laws, duties computation, documentation, ethics, procedures, warehousing.
- Board may modify subjects as needed.
Qualifications for Examination
- Filipino citizen or qualified foreigner under reciprocity.
- Holder of Bachelor’s degree in Customs Administration or Master’s within 5 years of effectivity.
- Good moral character, no criminal conviction involving moral turpitude.
Ratings for Passing
- Average 75% with no subject below 60%.
Release of Results
- Within 10 days from last exam day.
Issuance of Certificate and Identification Card
- Given to successful examinees upon fee payment.
- Certificate entitles practice anywhere without further licensing from Bureau of Customs.
- Professional ID Card valid for 3 years, renewable.
Refusal to Register
- Grounds include criminal conviction, immoral conduct, unsound mind.
- Written explanation required.
Revocation or Suspension
- After hearing, for unprofessional/unethical conduct or violations.
Reinstatement or Replacement
- Possible after 2 years from revocation.
- Replacement for lost or damaged documents subject to Board rules.
Roster of Professional Customs Brokers
- Maintained and updated by Board and accredited organization.
- Publicly accessible with relevant registrant data.
Special/Temporary Permits
- Issued to foreign customs brokers for specific projects if local professionals are unavailable.
Foreign Reciprocity
- Foreigners must come from countries granting reciprocal practice rights to Filipinos.
Oath of Profession
- Mandatory for successful examinees before practice begins.
Acts Constituting Practice
- Any act described under Scope section regarded as practice.
- Import/export declarations must be signed by customs brokers under oath.
Prohibition of Unauthorized Practice
- No practice, title use, or advertising without valid license or permit.
Prohibition Against Corporate Practice
- Customs brokerage is individual and professional; firms cannot be licensed.
Prohibition Against Financing Activities
- Customs brokers cannot advance or finance import related charges.
Accredited Professional Organization
- Single nationally accredited customs brokers' organization recognized by Board and Commission.
- Registered customs brokers automatically members but can join other groups.
Code of Ethics
- Promulgated by the Board based on accredited organization's standards.
Automatic Registration of Existing Practitioners
- Registered customs brokers at the Act’s effectivity automatically registered.
Penal Provisions
- Violations penalized by fine of P50,000 to P500,000, or imprisonment 6 months to 6 years, or both.
Appropriations
- Included in Commission programs and general appropriations.
Transitory Provision
- Existing Board continues until new Board formed.
Implementing Rules and Regulations
- Board to issue rules, subject to Commission approval and coordination with professional organization.
Separability Clause
- Unconstitutional parts do not affect validity of rest of the Act.
Repealing Clause
- Repeals inconsistent provisions of previous laws or orders.
Effectivity
- Takes effect 15 days after publication in Official Gazette or major newspaper.