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A Bureau of Customs order allowing preliminary suspension of accredited licensed customs brokers and importers for up to 90 days is in effect once again
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A memo from commissioner Ariel Nepomuceno revoked a 2024 order that temporarily restricted the imposition of preliminary suspension against brokers and importers transacting with the BOC
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Requests from suspended brokers and importers for continuous processing of shipments — in transit or arrived at ports before effectivity of the preliminary suspension – will continue to be processed
A Bureau of Customs (BOC) order allowing preliminary suspension of erring accredited licensed customs brokers and importers for up to 90 days is in effect once again.
A memo issued by commissioner Ariel Nepomuceno dated September 5, 2025 revoked Office of the Commissioner Memorandum No. 06-2024, issued on February 12, 2024, which temporarily restricted the imposition of preliminary suspension against brokers and importers transacting with the BOC. Under the revoked memo, no broker or importer may be subjected to preliminary suspension of their accreditation unless a formal administrative charge for suspension or revocation of accreditation had first been filed.
Reinstated with immediate effect is CMO 12-2021 (Guidelines on the Imposition of Penalties Relative to the Customs Accreditation of Importers and Brokers), according to the September 5 memo. This order provides procedures for imposing sanctions such as suspension, revocation, and other penalties on importers and brokers found to have violated customs laws and regulations.
READ: BOC consolidates rules on penalties for breaking accreditation guidelines
Under CMO 12-2021, the grounds for preliminary suspension include importing prohibited or restricted goods without permit or clearance from the regulatory agency, even for the first offense; and having forfeited shipments within the preceding period of one year in violation of provisions of the Customs Modernization and Tariff Act and other customs laws, rules or regulations.
The preliminary suspension ensures border protection, and suppresses all forms of smuggling and other frauds committed against collection of lawful revenues, according to CMO 12-2021.
Nepomuceno emphasized the policy shift underscores the agency’s commitment to balancing strict enforcement of customs laws with facilitation of legitimate trade. “The reinstatement of CMO 12-2021 restores the BOC’s full authority to act against accreditation violations while still providing mechanisms to ensure that legitimate shipments are not unduly hampered,” he said.
Requests from suspended brokers and importers for continuous processing of shipments — in transit or arrived at ports before effectivity of the preliminary suspension – will continue to be processed.
“This action reflects our responsibility to uphold fairness, efficiency, and accountability in our processes,” Nepomuceno said. “We want our stakeholders to see that the Bureau is serious about balancing firm enforcement with due process, consistent with the President’s vision of a government that is both just and responsive to the needs of the people.”
The BOC reiterated these measures are in line with its broader reform agenda to strengthen compliance, accountability, and integrity within the customs system, thereby protecting government revenues and ensuring fair competition for law-abiding traders and brokers.
The Chamber of Customs Brokers had requested the BOC Revenue Collection Monitoring Group in 2024 to lift the suspension, cancellation, or revocation of accreditation of more than 80 customs brokers. Then CCBI national president Anthony Cristobal sought the immediate review of cases whose preliminary suspensions have lapsed or are pending before the BOC Legal Service or the Department of Justice, or favorably decided by the courts /DOJ.
