Title
Amended Rules on Balikbayan Boxes Shipment
Law
Customs Administrative Order No. 01-2018
Decision Date
Aug 16, 2018
The Customs Memorandum Order (CMO) No. 018-18 provides guidelines for the implementation of Customs Administrative Order (CAO) No. 01-2018, simplifying customs clearance procedures for Balikbayan Boxes in the Philippines while ensuring revenue collection and border protection.

Objectives

  • Simplify customs clearance for consolidated Balikbayan Box shipments.
  • Use risk management and ICT-enabled monitoring to facilitate clearance.
  • Ensure clear, transparent customs policies aligned with international best practices.

Key Definitions

  • Availment: Tracking the number of shipments qualifying for duty/tax exemption up to three times per calendar year.
  • Balikbayan Box: Corrugated box/container max 200,000 cubic cm, containing personal/household effects, non-commercial.
  • Qualified Filipinos While Abroad: Non-Resident Filipinos, OFWs, and Resident Filipinos temporarily abroad.
  • Consolidated Shipment: Two or more shipments from different senders combined into one shipment under a master bill of lading.
  • Consolidator: Foreign NVOCC forwarding company issuing house bills and shipping consolidated cargo.
  • Deconsolidator: Agents in the Philippines who ungroup shipments for distribution.
  • Other definitions include terms such as commercial quantity, de minimis value, household effects, and regulated importation.

General Provisions

  • Duty and tax exemption allowed for up to three Balikbayan Box shipments per calendar year per Qualified Filipino,
  • Boxes must only contain personal/household effects, not commercial quantities.
  • Total FCA value per sender limited to Php150,000 annually.
  • Sole proprietorships or companies do not qualify for the exemption.
  • The Bureau shall monitor compliance with availment limits using ICT systems.
  • Processing charge of Php125 per house bill is imposed for customs clearance.
  • Due notice provisions require identifying consignees and filing claims within 15 days for unclaimed shipments.

Responsibilities of Senders and Deconsolidators

  • Senders: Submit an Information Sheet with detailed sender and recipient info, contents, number of boxes, and proof of Filipino citizenship or residency documents.
  • Deconsolidators: Register with the Bureau, ensure senders provide required information, transmit data electronically ahead of shipment arrival, and establish Customs Facilities with required equipment.

Sanctions for Non-compliance

  • Use of Balikbayan Box exemption for smuggling or fraud: fines, prosecution, and cancellation of registration.
  • Failure to provide advance information: escalating fines from Php100,000 up to Php300,000 after repeated offenses.
  • Failure to lodge goods declarations or claim goods timely: escalating fines and possible cancellation of registration.
  • Other obligation breaches: warnings followed by escalating fines, suspension, and cancellation.
  • Penalties assessed per master bill of lading and may involve blacklisting by trade and aviation authorities.

Exclusions from Duty and Tax Exemptions

  • Balikbayan Boxes exceeding Php150,000 total value.
  • Senders exceeding three shipments per year or total value limitations.
  • Goods in commercial quantities or regulated goods in commercial quantities.
  • Donations, containers mixed with commercial or regulated goods.
  • Failure to comply with submission of required information by senders.

Data Privacy Compliance

  • All parties handling shipment data must comply with the Data Privacy Act of 2012 concerning collection and security of personal information.

Additional Regulations and Periodic Review

  • Bureau to issue memoranda setting formats for required documents, clearance procedures, and facility standards.
  • The CAO is subject to review every three years for amendments.

Effectivity, Repealing, and Separability

  • This CAO supersedes CAO No. 05-2016.
  • It takes effect 30 days after publication.
  • Invalid provisions do not affect the validity of remaining parts of the CAO.

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