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Customs commissioner Ariel Nepomuceno has ordered to expedite the resolution or termination of letters of authority and mission orders to restore business operations of stakeholders who are found to have no violation
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The move is in view of multiple reports of warehouses, car shops, gasoline stations, and other similar business establishments, which remain fully or partially closed after having been served LOAs and MOs that remain pending and unresolved
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The BOC chief has given his deputies and district collectors specific instructions, including, among others, expediting the disposal process of the seized items with issued Certificate of Finality and development of a system dedicated in monitoring the implementation of LOA
Customs commissioner Ariel Nepomuceno has ordered to expedite the resolution or termination of letters of authority (LOA) and mission orders (MOs) to restore business operations of stakeholders who are found to have no violation.
The move is in view of multiple reports of warehouses, car shops, gasoline stations, and other similar business establishments, which remain fully or partially closed on account of having been served LOAs and MOs that remain pending and unresolved, Nepomuceno said in OCOM (Office of the Commissioner) Memo No. 78-2025 dated October 24 and released in the Bureau of Customs (BOC) website recently.
A LOA is a written authorization signed by the Customs commissioner in the exercise of the power to visit and inspect premises and goods, identifying the customs officers authorized to demand evidence of payment of duties and taxes on imported goods openly offered for sale or kept in storage. It is issued based on derogatory information gathered and/or received by BOC that imported goods, which are probably smuggled, restricted, regulated, or prohibited are being openly offered on sale or kept in storage.
An MO, on the other hand, is a written directive or order issued by the Customs commissioner, or other customs officer authorized in writing by the commissioner, to carry out specific instructions. It is given to any customs officer, or any deputized officer who must be a government employee holding a regular plantilla position.
The BOC chief has ordered his deputies and concerned district collectors to undertake the following:
- Intelligence Group (IG) – monitor and expedite the served LOAs pending resolution for issuance of warrant of seizure and detention or release of items and opening of the subject warehouse.
- Internal Administration Group – expedite the process for the leasing of additional warehouses as storage for the seized items.
- IG and Enforcement Group – locate temporary storage area, whether, within the BOC premises or leased by the bureau, for the immediate transfer of all seized items while waiting or the resolution of BOC’s Legal Service on the final disposition of the subject matter. After the transfer of the seized items, the subject warehouse or establishment should be opened and properly turned over to the representative or to the owner.
- Revenue Collection and Monitoring Group (RCMG) – expedite the resolution of all seizure proceedings whether to seize or release the said items. For those with filed criminal cases, make a representation to the court if sample of the seized items can be presented as evidence by BOC to allow immediate disposal of the seized items.
- Assessment and Operations Coordinating Group – expedite the disposal process of the seized items with issued Certificate of Finality by the RCMG.
The memo also directs the BOC’s Management Information Systems and Technology Group to develop a system dedicated to monitoring the implementation of LOA up to the disposition of the seized items.
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Further, provided that there are no violations found and that no other legal basis is determined to maintain full or partial closure of the establishment, the implementing authority of the LOA or MO is tasked to perform all necessary legal actions to restore full operations of the affected businesses.
When he took over BOC last July, Nepomuceno has also suspended the implementation of all previously approved but unserved LOAs and MOs with the intent to review all pending enforcement actions and ensure that operations are properly tracked and aligned with current priorities. — Roumina Pablo
