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The Philippine Chamber of Customs Brokers, Inc. strongly opposes the Bureau of Customs’ recent re-implementation of an order that allows preliminary suspension of erring accredited licensed customs brokers and importers for up to 90 days
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PCCBI said it opposes Office of the Commissioner Memo No. 50-2025 as it is “inconsistent with due process” as guaranteed under the Customs Brokers Act of 2004
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PCCBI said it is coordinating with Customs commissioner Ariel Nepomuceno “to open discussions and seek a fair resolution of this issue, ensuring that the rights and professional standing of our members are not prejudiced”
The Philippine Chamber of Customs Brokers, Inc. (PCCBI) has expressed strong opposition to the Bureau of Customs’ (BOC) recent re-implementation of an order that allows preliminary suspension of erring accredited licensed customs brokers and importers for up to 90 days.
PCCBI, in a statement on September 12, said it opposes Office of the Commissioner (OCOM) Memo No. 50-2025, which mandates the re-implementation of Customs Memorandum Order (CMO) 12-2021, as it is “inconsistent with due process” as guaranteed under Republic Act (RA) No. 9280 (Customs Brokers Act of 2004).
OCOM Memo No. 50-2025, signed September 5, revoked OCOM Memo No. 06-2024, issued on February 12, 2024, which temporarily restricted the imposition of preliminary suspension against brokers and importers transacting with the BOC.
READ: BOC restores preliminary suspension order on brokers, importers
Reinstated with immediate effect is CMO 12-2021, which provides procedures for imposing sanctions such as suspension, revocation, and other penalties on importers and brokers found to have violated customs laws and regulations.
CMO 12-2021 noted that “The accreditation of importer or broker may be preliminary suspended pending proper administrative proceedings to ensure border protection, suppress all forms of smuggling and other frauds committed against collection of lawful revenues.”
PCCBI said CMO 12-2021 authorizes BOC to preliminarily suspend licensed customs brokers even without duly filed administrative charges for suspension or revocation of their customs accreditation.
The chamber said this policy is inconsistent with due process as guaranteed under RA No. 9280, which requires that any suspension or revocation of a customs broker’s certificate of registration or professional identification card must be based only on causes expressly provided by law, and preceded by proper notice and hearing.
PCCBI said it is coordinating with Customs commissioner Ariel Nepomuceno “to open discussions and seek a fair resolution of this issue, ensuring that the rights and professional standing of our members are not prejudiced.”
“Rest assured, your PCCBI will provide timely updates once this matter has been fully addressed with the Bureau of Customs,” the chamber added.
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 earlier said 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.
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.
PCCBI last year had requested the BOC Revenue Collection Monitoring Group to lift the suspension, cancellation, or revocation of accreditation of more than 80 customs brokers as some of them have already passed the allowed maximum period of 90 days under CMO No. 12-2021, but BOC has yet to lift their suspension. – Roumina Pablo
