Law Summary

I. Objectives

This section outlines the primary goals of the memorandum order, aimed at safeguarding government revenue and ensuring the integrity of containerized cargoes under hold orders.

• Key objectives include: • Protecting government revenue. • Preventing loss and pilferage of containers under hold orders. • Establishing clear accountability for any loss or pilferage. • Minimizing delays in the processing of shipments.

II. Administrative Provisions

This section details the administrative framework governing the implementation of hold orders.

• Key provisions: • The order applies to all containerized cargoes under valid hold orders. • Designation of the Stalag Area at the Port of Manila and the Rainbow Area at MICP as Hold Container Areas. • Equivalent hold container areas in other Collection Districts shall be identified and operational provisions implemented accordingly. • The Officer Authorized to issue a hold order is also responsible for issuing the lifting order. • The office issuing the lifting order must provide the arrastre contractor with authorized signatories' names, signatures, and photographs of messengers.

III. Operational Provisions

This section delineates the operational procedures for handling containers under hold orders.

• Key operational steps include: • The Officer-on-case must serve the approved hold order to the Arrastre Contractor. • Coordination with the Arrastre Contractor is necessary for transferring the container van to the designated Hold Container Area. • The Officer-on-case is responsible for escorting the container van and presenting the hold order to the Arrastre Contractor’s personnel. • The Arrastre Contractor's personnel must acknowledge receipt of the container van by signing the hold order. • A certified photocopy of the hold order, with acknowledgment, must be submitted to the Deputy District Collector of Customs for Operations. • After receipt, a detailed report must be submitted by the Officer-on-case, including:
  • Name of the Arrastre personnel receiving the container.
  • Date and time of receipt.
  • Vehicle details (driver names and plate numbers).
  • Loading dates and operator names of the machinery used. • The Arrastre Contractor bears sole responsibility for any loss or pilferage of items in or of the container van. • Weekly reporting by the Arrastre Contractor on container van status is required, detailing counts of vans in the area, releases, transfers, and reasons.

IV. Repeal of Previous Orders

This section states that any inconsistent previous orders are repealed, superseded, or modified accordingly.

• Important note: • All prior orders inconsistent with this memorandum are nullified.

V. Effectivity

This section specifies when the memorandum order comes into force.

• Effective Date: • The order takes effect on January 09, 1995.

Key Takeaways

• The memorandum establishes strict regulations for handling containers under hold orders in designated areas to protect government interests and ensure accountability.
• Clear responsibilities are assigned to both the Officer-on-case and the Arrastre Contractor regarding the transfer and management of containers.
• Regular reporting and acknowledgment processes are crucial to maintain transparency and traceability of container handling.
• All previous inconsistent orders are repealed, and the new provisions are effective from January 09, 1995.