Title
Revised Export Rules Simplifying Procedures
Law
Boc Customs Memorandum Circular No. 158-99
Decision Date
Apr 20, 1999
The Revised Rules and Regulations Implementing Presidential Decree No. 930 aims to simplify export procedures and streamline the export process in the Philippines, covering the requirements and procedures for securing export clearances, negotiations and payment in export transactions, and the regulation of various industries to ensure compliance with safety and environmental standards.
A

Export Clearances

  • Per shipment clearances required for prohibited and regulated products (Annex A).
  • Periodic clearances granted for regular exporters, validity not exceeding one year.
  • Optional clearances may be issued upon request for products listed in Annex B.
  • Addition of products to regulated list requires IAC approval and annual review by DTI.

Procedures for Securing Export Clearances

  • Submit Export Clearance form plus necessary documents to concerned agency.
  • Agency inspects, collects fees, analyses samples if needed, then issues clearance copies.
  • Exporter proceeds to BOC for Authority to Load.
  • Periodic clearance requires written application and evaluation.
  • Optional clearances require IAC approval before imposition.

Standardization and Inspection

  • Inspection responsibilities governed by P.D. 930 and E.O. 1016.
  • No new inspection fees except those provided in Section 7, P.D. 930.

Export Declaration (ED)

  • Exporter obtains ED from authorized agencies and files with BOC or deputies.
  • Four copies required: BOC (original), Exporter, NSO, and DTI.

Responsibilities of the Bureau of Customs (BOC)

  • Issues Authority to Load, Special Permit to Load, Certificate of Origin, Post-loading Certificates.

Authority to Load

  • Filing locations specified for Manila and provincial ports.
  • Required documents include ED, commercial invoice, export clearance if applicable.
  • BOC checks documents and authorizes loading.
  • Inspector’s Report after loading submitted back to BOC.

Special Permit to Load

  • Issued for local transshipment to foreign vessels, shipments without required ED, or partial shipments under monthly declarations.

Certificate of Origin

  • Issued to exporters certifying product origin; BOC verifies origin claims.
  • Documents submitted include CO declaration, ED, bill of lading, invoice, supporting documents.
  • Various CO types correspond to trade agreements and commodity-specific requirements.

Post Loading Certificates

  • Upon exporter’s request, Certificates of Shipment or re-exportation issued based on loading reports.

Negotiations and Payment

  • Procedures depend on full or partial prepayment.
  • Documents include bill of exchange, bill of lading, commercial invoice.
  • BSP monitors and handles payment reporting.

Standardized Export Documents

  • Standard forms prescribed and attached: ED, Export Clearances, Certificates of Origin (various types).
  • No changes to forms allowed without NEDA approval.

Resolution of Issues and Appeals

  • DTI resolves conflicts among agencies on inspection/certification authority.
  • Appeal to NEDA possible within 15 days if dissatisfied with DTI decision.

General Provisions

  • DTI coordinates implementation and may propose changes.
  • NEDA possesses review power over agency decisions affecting export simplification.
  • Coordinated public information efforts by NEDA, DTI, BSP, BOC, PHILEXPORT, and others.
  • Separability clause ensures unaffected validity if parts declared unconstitutional.
  • Repealing clause voids prior inconsistent regulations.
  • Effectivity set 90 days post-publication.

Annex A: Prohibited and Regulated Products

  • Highly detailed list of prohibited and regulated exports, including garments, copper concentrates, plants, animals, sugar, coffee, natural fibers, antiques, forest products, wildlife species, firearms, gold, legal tender, grains, and more.
  • Specific agencies assigned for clearance and regulation.

Annex B: Optional Export Clearance Products

  • Range of products including handicrafts, live fish, fishery by-products, coconut products, processed foods, steel bars, medical oxygen, timber and others require optional clearance upon request.
  • Designated offices responsible for issuance.

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