Law Summary
Scope of Application
- Applicable exclusively to DDP/BTS air express shipments handled by the four members of the Philippine Chamber of Air Express Operators (PCAEO): DHL, FedEx, UPS, and TNT, including their authorized Philippine representatives (aEOa).
- Other air express operators handling DDP/BTS shipments may also be accredited by the Bureau to utilize the special E2M Customs procedures.
Key Definitions
- Delivered Duty Paid (DDP): A commercial arrangement where the seller assumes all transportation costs, risks until delivery, and pays duties (customs duties, taxes, and other charges).
- Financial Party: The company responsible for payment of duties and taxes on behalf of the supplier in a DDP/BTS shipment.
Recognition and Tagging of Financial Parties
- The Express Operator (EO) is recognized as the Financial Party for DDP/BTS shipments.
- Named consignees/importers authorized by the EO are tagged as "DDP-enabled" in their Client Profile Registration System (CPRS) profiles.
- Expiration, cancellation, or suspension of CPRS profiles invalidates the DDP tag, but renewal reinstates it automatically.
- The DDP-enabled tag can be invalidated by the EO or Customs upon adverse findings or changes in shipping arrangements.
- Once tagged, the special arrangement applies across all EOs, not limited to the original endorsing party.
Coverage of Special Procedure
- Applies to both formal and informal entries under the Phase 3 Import Assessment System at Ninoy Aquino International Airport (NAIA) and all other airports nationwide.
- Subsequent orders concerning informal entry shall not reduce the rights or privileges granted for DDP/BTS shipments.
Accreditation of Other Express Operators
- Non-PCAEO operators wishing to use the special DDP/BTS procedure must seek accreditation from the Deputy Commissioner for Assessment and Operations.
- They must demonstrate ability to send inward foreign manifests timely and properly profile customers based on financial credibility and compliance history, limiting use to low-risk shippers and consignees.
Control and Coordination
- The Office of the Deputy Commissioner for Assessment and Operations Coordinating Group (AOCG) manages tagging and de-tagging of consignee/importer CPRS profiles for DDP arrangements.
- The AOCG can disable DDP special arrangements either upon request of the EO or by its own initiative.
Responsibilities of Express Operators (EOs)
- EOs must register in CPRS as Air Express Operators and may enroll debit accounts with authorized agent banks for DDP payment purposes.
- Submit and maintain an initial and updated list of importer-clients certified for DDP arrangements to the AOCG.
- Must perform due diligence on importer-clients and notify AOCG for tagging; subject to post-customs audit.
- May invalidate a consignee/importer’s DDP status through official communication stating grounds.
Declarant's Duties
- Specify declaration model (formal or informal) in Box 1 of the Single Administrative Document (SAD).
- Indicate the EO’s Tax Identification Number (TIN) as the Financial Party in Box 9 of the SAD.
- Include the EO’s Bank Reference Number (BRN) in Box 28 of the SAD.
- Accurately declare exporter, consignee, and declarant according to existing customs rules.
Payment Procedures
- E2M Customs sends payment instructions to the payment gateway containing the EO’s Bank Reference Number.
- The EO is named as the consignee in payment instructions.
- Banks continue existing procedures to confirm account debits with the EO as account owner.
Repealing Clause
- Any Customs Memorandum Orders conflicting with this Order are considered amended or modified to conform with its provisions.
Effectivity
- The Order took effect immediately upon its adoption on October 15, 2010.