Title
Audit and Inventory of Customs Bonded Warehouses
Law
Boc Customs Memorandum Order No. 4-2011
Decision Date
Jan 28, 2011
The BOC Customs Memorandum Order No. 4-2011 mandates a comprehensive audit of all accredited industry-specific customs bonded warehouses to prevent tax evasion and smuggling, empowering an Audit Team to enforce document compliance and recommend penalties for violations.

Formation and Authority of the Audit Team

  • The Special Assistant for Warehousing and Operations, Office of the Commissioner, is directed to form the Audit Team.
  • The Audit Team is vested with authority to require ICBW Operators to produce necessary documents for audit.

Required Documentation for Audit

  • Documents to be produced include but are not limited to:
    • Export documents such as Certificate of Inventory (CI), Certificate of Importation and Listing (CIL), Boatnote, Bill of Lading (BL), Export Declaration (ED) for direct exports.
    • Approved Authority to Sell/Transfer documentation.
    • Constructive Warehousing Entry filed by the buyer for indirect exports.
    • ITDI Formula of Manufacture and Company Profile.
    • Export documents covering sale and transfer of imported raw materials to other CBWs, clients, end-users, or PEZA-registered enterprises.
  • Failure to produce requested documents will be considered as non-existence of such documents.

Support and Cooperation from Relevant Divisions

  • Warehouse Operating Divisions must provide Account Officers the records of importation, exportation, and other related documents.
  • Bonds Division must furnish the Audit Team with a certified list of open entries for the ICBW under audit.

Reporting and Recommendations

  • The Audit Team must submit a comprehensive and detailed report within 30 days from issuance of the Mission Order.
  • If findings are unfavorable to the ICBW, recommendations may include:
    • Issuance of demand letters.
    • Suspension of warehousing privileges.
    • Imposition of Section 1508 of the Tariff and Customs Code of the Philippines (TCCP) on future importations.
    • Revocation of license or permit.
    • Prosecution for criminal liability of involved persons under the amended TCCP.

Effectivity and Compliance

  • The Customs Memorandum Order is effective immediately upon issuance.
  • The Order remains in force until expressly revoked.
  • Strict compliance by all concerned authorities and stakeholders is mandated.

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