Title
Rules for BOC SGL Plus Facility Implementation
Law
Boc Customs Memorandum Order No. 1-2013
Decision Date
Jan 22, 2013
The Bureau of Customs establishes the Super Green Lane (SGL) Plus facility to streamline customs clearance for accredited importers, offering benefits such as extended audit suspensions and enhanced client support while ensuring compliance with customs regulations.

Policy objectives and operating principles

  • The Order requires efficient and effective implementation of the Super Green Lane (SGL) Plus facility for qualified importers.
  • The Order requires simplification and acceleration of the customs clearance and administrative process for qualified members.
  • The Order requires organization of BOC units and definition of responsibilities among BOC offices involved in the SGL Plus Facility.
  • The Order requires clear and transparent operating procedures for the SGL Plus facility.
  • The SGL Plus facility must promote the highest possible service to achieve trade facilitation and compliance with customs laws, rules, and regulations.
  • The SGL Plus facility must recognize the importance of SGL Plus membership in policing its ranks, making recommendations, and fostering cooperation.

Scope and covered activities

  • The Order governs accreditation of qualified importers as SGL Plus users.
  • The Order governs processing of shipments/importations of SGL Plus users at the Port of Manila, Manila International Container Port, NAIA customs house, and any other ports as may be necessary.
  • The Order operates under the framework of SGL Plus membership and shipment processing through customs.

SGL Plus benefits and membership advantages

  • An accredited SGL Plus member receives three (3) year suspension on the conduct of audit.
  • An accredited SGL Plus member receives five (5) year validity of the Importer’s Accreditation.
  • An accredited SGL Plus member may import articles not included in the List of Importables, provided amendments to the List of Importables are submitted at least ten (10) days before the arrival of the importation.
  • For monitoring, an SGL Plus member must still submit its List of Importables (including amendments) and the expected volume of importation for a given year.
  • An accredited SGL Plus member receives 24 Hour Client Coordinator Service for queries of SGL Plus members.
  • Additional benefits may be processed by the SGL Plus Task Group, endorsed by the Commissioner of Customs, and approved by the Secretary of the Department of Finance.

SGL Plus organizational structure and functions

  • The SGL Plus Task Group consists of:
    • Deputy Commissioner, IG-Chairman
    • Chief, RMO
    • Asst. Chief, RMO
    • Director, IAS
    • Chief, PPRD
    • Chief of Staff, AOCG
    • Executive Asst., OCOm
    • Asst. OIC, Production Section, CIIS
  • The SGL PLUS Secretariat is appointed by the SGL PLUS Task Group Commander.
  • The SGL Plus Accreditation Sub-group is composed of:
    • CIIS Director
    • Head of the SGL PLUS Secretariat
    • Heads of the ICS in the three major ports of entry
    • A representative from Post Entry Audit Group-Trade Information and Risk Analysis Office (PEAG-TIRAO)
    • A CIIS representative
    • Others assigned by the Task Group to serve as AS Members
  • The SGL Plus Import Compliance Sub-Group is composed of:
    • ICS Director, or his duly designated representative, as Chair
    • Heads of the ICS-Groups in the Port of Manila (POM), Manila International Container Port (MICP), and NAIA customs house
    • Chief Valuation and Classification Division
    • Others designated by the Task Group Chairman
  • The SGL Plus Client Coordinating Center (SPCCC) is organized by the SGL Plus Task Group Chairman and provides the 24-hour client coordination service.

Task Group, Secretariat, Sub-groups, and Client Center duties

  • The SGL PLUS Task Group must:
    • Formulate and recommend policies, procedures, enhancements, and services to improve the SGL Plus Facility to the Commissioner
    • Process invitations or applications of qualified SGL Members wishing to avail of the SGL Plus facility and recommend actions
    • Conduct post clearance checks on declarations covering shipments released under the SGL Plus facility
    • Monitor compliance of SGL Plus members with rules governing SGL Plus and recommend actions to the Commissioner
    • Organize and supervise the 24-hour Client Coordinator Service handling member queries and concerns
    • Process recommendations on additional benefits for SGL Plus members
    • Submit to the Commissioner of Customs a monthly report on the progress of the SGL Plus Program
    • Perform other functions assigned by the Commissioner
  • The SGL PLUS Secretariat must:
    • Provide administrative support to the SGL Plus Task Group
    • Receive applications to the program
    • Receive and prepare reports for the SGL Plus Task Group
  • The SGL PLUS Accreditation Sub-group must:
    • Process applications and documents for accreditation of SGL Plus applicants and recommend to the SGL Plus Task Group
    • Perform other functions of the SGL Accreditation Sub-Committee as provided for in CMO 28-2003
  • The SGL PLUS Import Compliance Sub-Group must:
    • Perform all functions of the SGL Import Compliance Sub-Committee
    • Perform other functions directed by the Chairman of the Task Group
  • The SGL PLUS Client Coordinating Center must:
    • Provide a 24-hour contact number for clients to call or text concerns
    • Act on clients’ concerns as far as practicable and give immediate feedback
    • Accomplish an SGL Plus Client Coordination Form containing:
      • Client making the call
      • Client concern
      • Time of receipt
      • Action taken and results
      • Time of feedback to the client
      • Recommendations
  • The SPCCC client coordination documentation must reflect all listed elements.

Accreditation: eligibility, application, and approval flow

  • An importer may be accredited as an SGL PLUS member only if all qualification requirements are met:
    • The importer is accredited as an SGL member transacting with the BOC for at least one (1) year before application
    • The applicant has a clear and specific nature of business
    • The SGL PLUS Association has been consulted on the applicant’s membership
    • The importer has a good reputation based on its track record
    • The importer must not have misused customs facilities for at least one (1) year before application or have been the subject of derogatory information
    • The importer is willing to undergo compliance audit
  • For accreditation by invitation, the SGL Plus Task Group must:
    • Select and invite SGL users based on the MISTG list of top SGL Users by duties and taxes for the previous year, in consultation with the SGL Plus Association
    • Require the SGL Plus Secretariat to transmit invitations with the application form and documentary requirements to selected SGL users
    • Require the SGL Plus Accreditation Sub-group to schedule an interview of the candidate within 5 days of receipt of completed applications and documentary requirements
    • Require the SGL Plus AS to deliberate and submit recommendations within five (5) days from the meeting
    • Require the SGL Plus Task Group to review recommendations and then take one of the following actions after deliberation:
      • Notify the applicant of outstanding issues and additional documents/information required (if any)
      • Deny the application and state the reasons
      • Recommend accreditation for approval by the Commissioner
    • Require preparation of the Certificate of Accreditation for signature of the Commissioner when approved
  • For accreditation by application, the SGL Plus accreditation process must:
    • Allow any SGL user meeting qualifications to apply by submitting the SGL Plus application form and documentary requirements to the SGL Plus Secretariat
    • Require the SGL Plus Secretariat to check completeness and require additional documents if lacking
    • Apply the same steps from the invitation procedure on:
      • Interview scheduling within 5 days
      • Deliberation and recommendations within five (5) days
      • Task Group review and actions (notice, denial with reasons, or recommendation for Commissioner approval)
  • The application process, forms, and supporting documents for SGL Plus must be the same as those required for invitees or applicants to the SGL Program, except:
    • Form headings must indicate SGL PLUS Program
    • Submission must go to the SGL Plus Secretariat instead of the SGL Secretariat

Conditions of accreditation and certificate validity

  • Privileges under a Certificate of Accreditation (CA) issued by the Commissioner must be subject to these conditions:
    • The importer must be a registered SGL user
    • Covered shipments may be subject to duly authorized random and/or spot check inspection only at the importer’s premises while the goods are being unloaded/stripped
    • The importer is responsible for any misuse or abuse of the privilege
    • The importer must comply with all BOC rules and regulations implementing the SGL Plus Program
    • Any willful violation of the CA is a ground for suspension, revocation, or cancellation, imposed after due notice
    • CA use is subject to BOC review and remains valid until suspended, revoked, or cancelled
  • A CA remains valid until suspended, cancelled, or revoked by the Commissioner upon recommendation of the SGL Plus Task Group after due notice and hearing when any of the following grounds exist:
    • Failure or refusal, without justifiable reason, to submit hard copies of import entries filed through the SGL Plus facility, or supporting import documents, within the prescribed period
    • The SGL Plus application or importation is tainted with fraud or willful misrepresentation
    • Submission of fake documents during accreditation or during the importation process
    • Failure or refusal, without justifiable cause, to pay additional duties and taxes lawfully demanded after post entry (release) verification by the SGL Plus ICS within the prescribed period
    • Violation of express or implied terms and conditions, including failure to promptly update or inform the SGL Plus Task Group of changes in commodities imported, including changes in their description, unit values, and similar details
    • Failure or refusal, without any valid ground, to comply with any lawful order or directive issued officially by the SGL Plus Task Group or its sub-groups, or by any higher authority

Shipment rules for SGL Plus members

  • Only SGL Plus-accredited importers with a duly issued CA may clear their shipments through the SGL Plus facility.
  • All entries covering SGL Plus shipments must be filed under existing procedures for SGL shipments.
  • SGL Plus entries remain subject to Post-Release Verification and Post-Release Inspection imposed for SGL entries.
  • An SGL shipment must not be inspected/examined except when it involves:
    • derogatory intelligence information, and/or
    • direction by the SGL Plus Task Group Head,
    • in which case the inspection must be covered by a Mission Order issued by the Commissioner of Customs.
  • SGL Plus treatment applies only when all shipment conditions are met:
    • The shipments are in the List of Importables in the importer’s SGL Plus accreditation, or in amendments submitted at least ten (10) days before arrival
    • The commodities are either freely importable or, if regulated, covered by continuing Import Authority issued by the concerned/proper government agencies
    • The entries are declared under consumption entries, thus subject to duties and taxes
    • The shipments do not contain prohibited articles defined under existing laws, rules, and regulations

SGL Plus service fee schedule

  • Accredited SGL Plus importers must continue to pay a service fee for every entry filed through the SGL Plus facility based on F.O.B. value, using the following schedule:
    • Below US $5,000: PHP 500.00
    • US $5,001 to US $100,000: PHP 1,000.00
    • US $100,001 to US 200,000: PHP 1,500.00
    • US $200,001 to US$500,000: PHP 2,000.00
    • Above US $500,000: PHP 2,500.00

Processing additional benefits and approvals

  • The SGL Plus Secretariat must receive recommendations for additional benefits and conduct research on the matter.
  • The Secretariat must place the recommendation for additional benefits in the incoming meeting of the SGL Plus Task Group, and proponents and interested stakeholders must attend.
  • The SGL Plus Task Group must deliberate on the merits and, if it makes a favorable decision, endorse the recommendation to the Customs Commissioner.
  • If the Customs Commissioner approves, the Commissioner must endorse the recommendation to the Secretary of Finance for approval.
  • Upon approval, the SGL Plus Task Group must implement the decision.

Coordination with SGL Committee

  • Coordination between the SGL Committee and the SGL Plus Task Group on policies and procedures must be highly encouraged.
  • A jointly chaired monthly meeting must be conducted between the SGL Committee and the SGL Plus Task Group.

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