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The Bureau of Customs is seeking comments from stakeholders on its proposed order on accreditation of importers
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Under the proposal, the customs accreditation will be valid for two years from the date of its approval
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Enrolment of importers in the Client Profile Registration System is proposed to be mandatory for transactions conducted through BOC’s automated cargo clearance system
The Bureau of Customs (BOC) is seeking comments from stakeholders on its proposed customs administrative order (CAO) on accreditation of importers.
In a request posted on its website on August 11, BOC said comments on the proposed CAO will be accepted from August 12 to 16. A copy of the draft CAO as well as the instruction for submission of comments via email is available on BOC’s website.
The proposed CAO will implement Section 1226 (Supervision and Regulation of Third Parties) in relation to Section 202 (Functions of the Bureau) and other relevant provisions of Republic Act (RA) No. 10863, or the Customs Modernization and Tariff Act (CMTA).
It will cover importers who will deal with BOC on the importation, movement, and clearance of goods. Under the proposal, only accredited or registered importers can transact with BOC using its automated customs processing system.
Validity and enrolment
The customs accreditation will be valid for two years from the date of its approval, unless otherwise suspended, revoked, or cancelled.
The importer should, within one year of approval of accreditation, notify the bureau through the Management Information System and Technology Group and/or Account Management Office (AMO) to update its accreditation status in the Client Profile Registration System (CPRS). This is until BOC’s automated customs system can allow for continuous validity of accreditation of up to two years.
Enrolment in the CPRS is mandatory for transactions conducted through BOC’s automated cargo clearance system. Importers should also disclose in the CPRS their responsible officers, declarants if any, and other material information.
The importer’s declarant, other than a registered and licensed customs broker, will be registered with the CPRS and authorized to act as such for only one importer.
Through a separate customs memorandum order (CMO), BOC may allow one-time accreditation to importers with a high level of customs compliance record under the Authorized Economic Operator (AEO) and other trade facilitation programs.
An accreditation fee of P5,000 will be required for new application or renewal of accreditation. The fees will be periodically reviewed in accordance with the CMTA and other applicable rules and regulations. Currently, there is a processing fee of P1,000 for both new and renewal of applications.
BOC will issue separate guidelines for the accreditation, registration or monitoring of the following importers:
- Non-regular importers
- Importers of postal items
- Importers of goods cleared exclusively through informal entry process, unless allowed by BOC’s automated system
- Foreign embassies, consulates, legations, agencies of other foreign governments and international organizations with diplomatic status and recognized by the Philippine government, including registered business enterprises/locators of free zones
The accreditation of customs bonded warehouse and customs facilities and warehouse operators as importer will automatically be renewed during the validity of their Authority to Operate. For this, operators should submit a request for the automatic renewal of their accreditation with the AMO or its equivalent unit at least one month prior to its expiration.
Third party importers transacting with BOC on behalf of importers and consignees will be treated equally as true importers or consignees, and will be liable for acts that violate customs laws.
Additional requirements
For new application, BOC proposes to again require a list of importables, which was first required in 2014 but was scrapped in 2019.
For renewal of application, there are proposed new requirements—also already required for new applications—such as proof of lawful occupancy of office address, and warehouse if available; National Bureau of Investigation Clearance of authorized signatory in the application form, issued within three months prior to the application (not required if no changes in the signatory); personal profile of the applicant or authorized signatory in the application, the president, and responsible officers.
For both new and renewal of applications, other proposed additional requirements include a Certification of No Outstanding Obligation/No Unpaid Account from BOC’s Collection Service and/or other office issued within one month from date of application; Certificate of Attendance by the principal or responsible officer or its authorized declarant to a seminar on customs rules and regulations initiated by BOC; and undertaking to allow, during office hours, authorized customs officers or deputized officers to conduct pre or post inspection of offices and warehouse/storage facility, if available, or verification of documents.
The proposed CAO lists importers’ responsibilities in relation to application for accreditation, goods declaration, payment of all duties, taxes and other charges due on the imported goods; post-clearance; and cooperation on CMTA enforcement.
It also contains penalties for violation of these responsibilities, with the violations categorized as light infractions, less grave infractions, and grave infractions and first, second, and third violations.
An importer, responsible officers in case of partnerships, corporations or cooperatives; and the declarant, if any, will be barred or blacklisted from transacting with BOC if convicted of a crime involving moral turpitude after filing an application for accreditation or during the period of its validity.
An importer’s accreditation with BOC may be suspended, cancelled or revoked, preventing the importer from lodging or processing the goods declaration in BOC’s automated system.
Accreditation may be cancelled upon written request by the importer. All revoked accreditations will be reflected as “cancelled” until BOC’s automated system has been accordingly modified to reflect the actual status of accreditation.
The suspension or revocation of the importer’s accreditation may be set aside or lifted temporarily if approved by the Customs commissioner or the duly authorized representative, subject to the issuance by BOC of the procedure for the purpose.
BOC will issue the procedure to afford due process to the importer whose accreditation has been suspended, revoked, or blacklisted.
An efficient, IT-based mechanism to monitor compliance by accredited importers, such as verification of documents or post-inspection of office, and/or warehouse/storage facility if available, and inclusion of the ultimate consignee in the goods declaration processed by a third-party importer, will be established.
An initial draft CAO on importers’ registration was released and subjected to public consultation in 2017, prior to the return of the sole authority to accredit importers and customs brokers to BOC from the Department of Finance in 2018.– Roumina Pablo
