Law Summary
1. OBJECTIVE
- Explanation: This Order aims to enhance the existing Super Green Lane (SGL) facility by offering additional benefits to qualified importers, simplifying and expediting customs clearance processes.
- Key Points: • Further develops the Super Green Lane (SGL) under CAO No. 002-00. • Seeks to simplify administrative processes for customs clearance.
2. SCOPE
- Explanation: The Order applies to shipments imported into the Philippines by importers accredited under the Super Green Lane Plus (SGL Plus) program.
- Key Points: • Covers only those transactions classified under the SGL Plus rules.
3. ORGANIZATION
- Explanation: Establishes the Super Green Lane Plus Task Group under the supervision of the Deputy Commissioner, Intelligence Group.
- Key Functions: • Identify and recommend qualified importers. • Conduct post-clearance checks on SGL Plus shipments. • Ensure compliance with relevant rules. • Additional functions as assigned by the Commissioner.
- Key Points: • The Commissioner may create sub-groups for effective implementation and monitoring.
4. CRITERIA FOR ACCREDITATION
- Explanation: Specifies requirements for importers to qualify for the SGL Plus accreditation.
- Key Requirements: • Must have transacted with the Bureau of Customs (BOC) for at least one year. • Must have a good reputation based on a clear business track record. • No misuse of customs facilities for at least one year. • Willingness to undergo compliance audits.
5. BENEFITS OF SUPER GREEN LANE PLUS MEMBERS
- Explanation: Outlines the additional benefits granted to accredited SGL Plus members.
- Key Benefits: • Three-year suspension on audits. • Five-year validity of importer’s accreditation. • Ability to import items not listed as importable, subject to monitoring. • Exemption from the Selectivity System. • Dedicated 24-hour client coordinator service for inquiries.
- Additional Benefits: • Subject to approval, further benefits may be provided by the Commissioner of Customs.
6. CERTIFICATE OF ACCREDITATION
- Explanation: Describes the nature and conditions of the Certificate of Accreditation (CA) issued to SGL Plus members.
- Conditions: • Importers must be registered SGL users. • Shipments may be subject to random checks at the importer’s premises. • Importers are liable for any misuse of privileges. • Compliance with BOC regulations is mandatory.
- Consequences: • Violations may lead to suspension, revocation, or cancellation of the CA.
7. SUPER GREEN LANE PLUS PROCEDURES
- Explanation: Indicates that the Commissioner of Customs will issue necessary rules for implementing the SGL Plus facility.
- Key Points: • Details on the procedures will be provided by the Commissioner.
8. SERVICE FEE
- Explanation: Details the service fees applicable to accredited importers utilizing the SGL facility.
- Fee Schedule: • Below US $5,000: Php 500.00 • US $5,001 to US $100,000: Php 1,000.00 • US $100,001 to US $200,000: Php 1,500.00 • US $200,001 to US $500,000: Php 2,000.00 • Above US $500,000: Php 2,500.00
9. CONFIDENTIALITY CLAUSE
- Explanation: Ensures confidentiality of information submitted for accreditation.
- Key Points: • Confidential information must not be disclosed without specific permission, except in judicial contexts.
10. REPEALING CLAUSE
- Explanation: Revokes any inconsistent previous orders, memoranda, or circulars.
- Key Points: • Previous regulations are amended without affecting existing accreditation schemes from the Department of Finance and the Department of Trade and Industry.
11. SEPARABILITY CLAUSE
- Explanation: Stipulates that if any part of the Order is deemed unconstitutional, the remaining provisions remain effective.
- Key Points: • Protects the integrity of the remaining Order provisions.
12. EFFECTIVITY
- Explanation: The Order takes effect immediately upon adoption.
- Key Points: • Adopted on March 18, 2011.
Key Takeaways
- The Super Green Lane Plus program aims to streamline customs processes for accredited importers by offering benefits such as audit suspensions and exemptions.
- Qualification for SGL Plus requires a solid track record and compliance with BOC regulations.
- Accredited members benefit from reduced fees and dedicated support but must adhere strictly to the established guidelines to avoid penalties.
- The Order emphasizes confidentiality and the integrity of its provisions while allowing for future amendments.