Title
Supreme Court
Enforcement of Rules on Regulated Imports
Law
Boc Customs Memorandum Order No. 9-2015
Decision Date
Apr 10, 2015
Customs Memorandum Order No. 009-15 outlines the strict enforcement of regulations for regulated imports in the Philippines, requiring importers to provide necessary import permits and imposing penalties for non-compliance, with a focus on food and drink, drugs and pharmaceutical products, and chemicals.

Law Summary

Effective Date for Strict Enforcement

  • Enforcement of the listed import regulations begins on 11 May 2015, superseding the previously announced date of 20 April 2015.

Mandatory Submission of Import Permits

  • Importers must submit the required import permits when filing import entries involving any products on the Regulated Imports List.
  • This applies to all entries processed by BOC including consumption, warehousing, and transshipment entries, even those destined for PEZA zones and freeports.
  • For transshipments, permits must be presented prior to transshipment from the port of discharge.

Prohibition Against Requesting Permits for Unlisted Products

  • Customs officials are prohibited from demanding import permits for products not included in the Regulated Imports List.
  • Violations of this prohibition constitute a Grave Offense with prescribed sanctions.

Special Considerations for Food, Drugs, and Chemicals

  • Food and beverage products for human or animal consumption require import permits from one of the following agencies: Bureau of Animal Industry, Bureau of Fisheries and Aquatic Resources, Bureau of Plant Industry, or Food and Drug Administration.
  • Alcoholic beverages additionally need a permit from the Bureau of Internal Revenue.
  • Drugs and pharmaceuticals for human or animal use require permits from the same agencies listed for foods and beverages.
  • Several chemicals are regulated imports, some overseen by multiple agencies.
  • For chemicals not listed, Customs staff, importers, and brokers must consult the Philippine Inventory of Chemicals and Chemical Substances (PICCS).
    • If a chemical is in PICCS but not on the regulated list, it is not a regulated import.
    • If a chemical is neither on the regulated list nor in PICCS, it is considered a regulated import requiring a permit from the Environment Management Bureau.

Procedure for Recommending Inclusion of Additional Products in the Regulated List

  • Customs personnel suspecting a product not in the list should notify the Office of the Commissioner via email.
  • The notification must include a product description, legal basis (citing specific laws or orders), and the regulating agency.
  • Enforcement of import permits on said product may only occur after its official inclusion in future list updates.

Importers' Responsibilities and Timelines

  • Importers and brokers are urged to secure all necessary permits before their shipments arrive.
  • Failure to present permits within the legally mandated filing (30 days after last discharge) or claiming periods (15 days after filing) will:
    • Not justify extensions beyond periods after which goods are deemed abandoned.
    • Violate importation timelines without grounds for lifting abandonment.

Penalties for Customs Officials

  • Customs officers requiring permits for non-listed products commit a Grave Offense punishable by dismissal on the first offense.
  • Other violations of this memorandum by Customs officials constitute Simple Neglect of Duty.
  • Repeated simple neglect offenses (on the second occurrence) also merit dismissal.

This comprehensive framework ensures the proper regulation and facilitation of imports, protecting national interests while delineating clear obligations and penalties for compliance enforcement within the Bureau of Customs.


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