Supplemental Guidelines for Bulk Cargo Clearance

The Order provides and clarifies operational and administrative guidelines for the BBBCCEP.
The Order establishes transitional procedures to ensure smooth implementation of the BBBCCEP under AO No. 243-A and the CACSC Rules.
The Order directs supplemental guidelines to include processes covering the conduct of a Discharge Port Survey (DPS) when an earlier Load Port Survey (LPS) is not available.
The Order recognizes risk-management based treatment when the LPS is missing, including a continuing alert and underguarding requirement pending survey and issuance of the DPS.

If the required Load Port Survey (LPS) issued by an accredited surveyor is not available, a Discharge Port Survey (DPS) shall be conducted upon arrival of the cargo at the port of discharge.
The DPS procedures that apply in the absence of the LPS shall be included in the supplemental guidelines to be issued.
Without the required LPS, the cargo is treated as a “high risk shipment” and is automatically placed under a continuing alert and underguarding until:
- the cargo has been examined by a chosen Accredited Cargo Surveying Company (ACSC), and
- the corresponding DPS is issued.
The importer/consignee shall be imposed a penalty if warranted under Section 3610 vis-a-vis Section 3514 of the TCCP, as amended.

The supplemental guidelines shall provide the fees to be imposed for the conduct of the DPS.
Transitional rules shall be included to allow stakeholders to adapt to the BBBCCEP changes.
The Commissioner of Customs may determine when the LPS or DPS is inapplicable and which commodities may be exempted from coverage, considering:
- the nature of the commodity/cargo,
- risk management principles, and
- international best practices.
The Commissioner of Customs shall recommend exemptions to the CACSC, and the CACSC shall request approval of the recommended exemptions from the Office of the President.

If the consignee/importer disagrees with the results of the DPS, the consignee/importer may resort to:
- payment under protest, or
- availing of the tentative release of the cargo.
The tentative release under the DPS dispute process shall be under conditions imposed by the Collector of Customs.

A One-Stop Shop (OSS) is created for purposes of the DPS during the transition period and pending integration of automation requirements of the ACSC into the Bureau’s e2m system.
The OSS is headed by the Deputy Commissioner, AOCG, and the OSS composition includes:
- Deputy Commissioner, MISTG as Vice-Chair,
- Deputy Commissioner, EG as Co-Vice Chair.
The OSS members include:
- a representative from OPARE (Office of the Presidential Adviser on Revenue Enhancement),
- a representative from the DTI who is a member of CACSC,
- a representative from the private sector who is also a member of CACSC,
- the Office of the Commissioner,
- the Post Entry Audit Group, and
- the Risk Management Office.

During the transition period, the OSS handles applications for the conduct of the DPS filed by the importer/consignee.
The OSS shall confirm and authorize the designation of the ACSC chosen by the importer/consignee to conduct the DPS.
The supplemental guidelines shall further include operational and administrative guidelines governing the OSS handling of DPS applications and authorization.

The Order supplements AO No. 243-A (dated 16 September 2009) and operationalizes BBBCCEP implementation through additional supplemental guidelines.
The Order adopts and makes integral parts of its operational framework the CACSC Rules for the BBBCCEP.
The program implementation rules under AO No. 243-A and the CACSC Rules are carried through by this Order’s supplemental procedural and administrative requirements.