Law Summary
1. OBJECTIVES
- Legal Principle: This section outlines the primary goals of the Order.
- Key Definitions: None specifically introduced.
- Important Requirements/Procedures:
- Enhance and facilitate trade between the Philippines and Malaysia/Indonesia.
- Simplify the payment of duties and taxes for goods traded.
- Strengthen anti-smuggling collaborations between the Bureau of Customs and the Philippine Navy.
- Timeframes/Deadlines: None specified.
- Penalties/Liabilities: None mentioned.
• Enhance trade between the Philippines and neighboring countries. • Facilitate payment of duties and taxes. • Strengthen anti-smuggling efforts.
2. SCOPE
- Legal Principle: This section defines the extent of the Order's applicability.
- Key Definitions:
- "Southern neighboring countries": Includes Brunei, Indonesia, Malaysia, and Singapore.
- Important Requirements/Procedures:
- Governs vessels/launches and other seacrafts engaged in trade with the specified countries.
- Timeframes/Deadlines: None specified.
- Penalties/Liabilities: None mentioned.
• Applies to vessels engaged in trade with Brunei, Indonesia, Malaysia, and Singapore.
3. GENERAL PROVISIONS
- Legal Principle: Sets forth the documentation and clearance requirements for vessels.
- Key Definitions:
- "Customs Clearance": Authorization required before departure and upon arrival.
- Important Requirements/Procedures:
- Annual Submission:
- Vessel registration and SEC Articles of Incorporation/DTI Certificate.
- Per Departure:
- Obtain Customs Clearance with necessary documents including health bill, cargo manifest, passenger list, and voyage plan.
- Per Arrival:
- Submit original cargo manifest, storage plan, passenger and crew lists, through cargo manifests, and customs clearance from the last port of call.
- Annual Submission:
- Timeframes/Deadlines:
- Changes in ETA must be communicated 24 hours in advance.
- Penalties/Liabilities: Violations may lead to apprehension and investigation.
• Annual submission of registration and incorporation documents. • Clearances required prior to departure and upon arrival. • 24-hour notice for changes in ETA. • Non-compliance leads to vessel apprehension.
4. ADMINISTRATIVE PROVISIONS
- Legal Principle: Outlines the responsibilities of Customs Collectors.
- Key Definitions: None specifically introduced.
- Important Requirements/Procedures:
- Establish joint operation centers with the Philippine Navy for effective implementation.
- Assist in investigations of apprehended vessels and cargo.
- Timeframes/Deadlines: None specified.
- Penalties/Liabilities: None mentioned.
• Collaboration with the Philippine Navy for enforcement. • Assistance in investigations of apprehended vessels.
5. REPEALING CLAUSE
- Legal Principle: Affirms that inconsistent prior orders are modified.
- Key Definitions: None specifically introduced.
- Important Requirements/Procedures: All previous orders inconsistent with this Order are amended or modified accordingly.
- Timeframes/Deadlines: None specified.
- Penalties/Liabilities: None mentioned.
• Previous inconsistent orders are amended.
6. EFFECTIVITY
- Legal Principle: Establishes the commencement of the Order.
- Key Definitions: None specifically introduced.
- Important Requirements/Procedures:
- This Order shall take effect thirty (30) days from the date of adoption.
- Timeframes/Deadlines: Effective 30 days post-adoption.
- Penalties/Liabilities: None mentioned.
• Order effective 30 days from adoption.
Key Takeaways
- The BC Customs Administrative Order No. 1-96 stipulates rules for vessels engaged in trade between the Philippines and neighboring countries, focusing on enhancing trade and facilitating customs processes.
- Key documentation is required for both departure and arrival of vessels, with specific timelines for compliance.
- Violations of the order can lead to apprehension and investigation by law enforcement agencies.
- The Order will be effective thirty days after adoption, and previous inconsistent orders are repealed.