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The Bureau of Customs made amendments to the implementation of its Electronic Tracking of Containerized Cargo System for the transit of containers via barges or other domestic vessels
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Customs Memorandum Order No. 19-2026 amends CMO No. 09-2024, which expanded the coverage of the E-TRACC System to the transit of containers via barges or other domestic vessels
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Under the new memo, the barge owner, terminal facility, shipping line, or its duly authorized agent or representative will now be responsible for the barge booking procedures instead of the importer or its authorized representative
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CMO No. 19-2026 also adds that penalties prescribed under relevant sections of the Customs Modernization and Tariff Act
The Bureau of Customs (BOC) made amendments to the implementation of its Electronic Tracking of Containerized Cargo (E-TRACC) System for the transit of containers via barges or other domestic vessels.
Customs Memorandum Order (CMO) No. 19-2026 amends CMO No. 09-2024, which expanded the coverage of the E-TRACC System to the transit of containers via barges or other domestic vessels.
READ: BOC expands E-TRACC coverage to barges, domestic vessels
Under the new memo, the barge owner, terminal facility, shipping line, or its duly authorized agent or representative will now be responsible for the barge booking procedures instead of the importer or its authorized representative.
This includes initiating the booking of a barge transfer through the E-TRACC System, sending the Actual Load List to the E-TRACC System once containers have been loaded onto the barge and the Final Load List to commence the transfer, and the discharge list upon completion of discharging of containers to the terminal.
Still, only one booking for the entire containers loaded onto the barge should be made.
CMO No. 19-2026 now provides a section for the procedures for intermediate inland transit booking, providing separate details for inbound transit and outbound transit.
In the responsibilities for handling of barge transfers, the new memo also now adds the shipping lines aside from the terminal facilities. The memo also states that if a special barge transfer facility is requested by the importer or exporter the responsibilities will be on the account of the requesting party, where applicable.
Moreover, CMO No. 19-2026 provides the responsibilities of the port or customs office having jurisdiction over barge transfers.
It also made amendments to miscellaneous provisions, adding specific guidelines when a vessel is exclusively or not exclusively carrying containers required to be monitored using container seals.
Instead of the importer or its authorized representative, it is now the barge owner, terminal facility, shipping line, or its duly authorized agent or representative who should inform BOC of any changes related to the barge transit prior to departure, particularly the following:
- Any discrepancy in the total number of containers loaded on board as reflected in the Final Load List; or
- Loading of containers other than what are listed in the Final Load List.
Relatedly, the barge owner, terminal facility, shipping line, or its duly authorized agent or representative will now be the one to submit an amended Final Load List prior to departure, otherwise it will be considered as violation of the memo and will be subject to fines and penalties as may be determined by the BOC Assessment and Operations Coordinating Group.
Penalties
CMO No. 19-2026 also adds that penalties prescribed under relevant sections (1418, 1419, 1420, 1421, and 1430) of Republic Act No. 10863 or the Customs Modernization and Tariff Act, as may be pertinent or applicable, will be imposed for violations of the memo and its related rules and issuances.
E-TRACC is a web-based system launched in 2020 that tracks the inland movement of containerized cargoes during transit and transfer to other customs territories and facilities. It allows BOC to track, monitor, and audit the location and condition of cargoes, as well as obtain real-time alarms on diversion and tampering of cargoes.
Under CMO 04-2020, an electronic customs seal is required during the transfer of cargo to a container yard/container freight station or other customs facilities and warehouses; transit of cargo bound for Free Zones, inland customs office, depots, or terminals; transit to customs bonded warehouses (CBWs); export of cargo from Free Zones, inland customs office, depots or terminals, and CBWs to port of loading; and transfer of shipments subject to further verification and/or monitoring.
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