Law Summary
Scope
- Covers procedures and documentary requirements for quarterly accreditation and renewal of surety companies with the BOC.
General Provisions
- Only surety companies in good standing with the BOC qualify for accreditation.
- To be in good standing, surety companies must:
- Have authority from the Office of the President to engage in surety business.
- Hold a valid Certificate of Authority from the Insurance Commission.
- Have no due and demandable liabilities with the BOC at the time of application/renewal.
- Have settled at least 70% of outstanding obligations as of the first day of the immediately preceding quarter.
- Accreditation is valid for one quarter and renewable quarterly.
- The calendar year is divided into four quarters for accreditation purposes.
- Applications are filed and processed at the Bonds Division of the port where accreditation is sought, reviewed by the Collection Service, and approved by the District Collector.
- Bonds issued by non-accredited surety companies or outside their accredited jurisdiction/period are not honored.
Application and Renewal Procedures
- Submit written application for renewal at least 15 days prior to the quarter applied for.
- Required documentary submissions (original or authenticated copies):
- Administrative Order from the Office of the President authorizing surety business.
- Valid Certificate of Authority from the Insurance Commission.
- Latest audited annual financial statement (not older than one year).
- Certification by Corporate Secretary attesting authorized signatory’s authority and specimen signatures/thumbprints.
- Statement under oath that the company has no outstanding obligation with the BOC exceeding the 30% threshold as of the first day of the preceding quarter.
- The 30% threshold includes amount unpaid on bonds subject to compromise, litigation, sequestration, or issues related to valuation/classification.
- Bonds Division prepares an Outstanding Account Worksheet detailing bonds and unsettled obligations.
- The worksheet is certified by the Chief, Bonds Division and copies furnished to relevant offices.
- Bonds Division processes application within seven (7) days and forwards findings with the worksheet to the Collection Service.
Review Process at Collection Service
- Conducts authenticity and compliance review within seven (7) days of receiving application.
- Verifies outstanding accounts with various divisions/offices.
- May recommend liquidation arrangements for outstanding accounts.
- Forwards application to District Collector for approval if compliant; otherwise, advises surety company and relevant offices.
Action by District Collector
- Acts on applications within seven (7) days of receipt.
- Approves accreditation with specified quarter and conditions if in order.
- Sends disapproval or other actions notices to surety company and relevant offices if not approved.
Accountabilities
- District Collector and Chief, Collection Service are responsible for proper and effective implementation of the order in their jurisdiction.
- Customs officers and personnel are instructed to fulfill responsibilities as specified.
- All signatories on required certificates and reports are liable for any defects found.
Repeal and Effectivity
- All inconsistent customs orders, rules, and regulations are repealed or modified accordingly.
- The Order becomes effective immediately upon signing on 10 October 2003 by the Commissioner of Customs.