CMTA Senate Substitute Bill as of Sept 28, 2015

8/17/2019 CMTA Senate Substitute Bill as of Sept 28, 2015

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SIXTEENTH CONGRESS OF THE REPUBLIC )OF THE PHILIPPINES )

Third Regular Session )

S E N A T E

S. No. 2968

(in substitution of SB Nos. 168, 442, 456, 741, 882, 2348, 2373 and 2913taking into consideration P.S. Res. Nos. 444, 1339, 1533, 1534, 1536, 1537,

1538, 1539, 1549 and 1581)

Prepared by the Committee on Ways and Means with Senators Osmeña III,Escudero, Recto, Ejercito-Estrada, Poe, Aquino IV, Defensor-Santiago, A.P.Cayetano, Binay, JV Ejercito, Angara and Villar as authors

AN ACT

MODERNIZING THE CUSTOMS AND TARIFF ADMINISTRATION

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

TITLE I1

PRELIMINARY PROVISIONS2

CHAPTER 13

SHORT TITLE4

SECTION 100. Short Tit le . – This Act shall be known as the5

“Customs Modernization and Tariff Act (CMTA).” 6

CHAPTER 27

GENERAL AND COMMON PROVISIONS8

SEC. 101. Declaration of Policy . – It is hereby declared the policy of9

the State to protect and enhance government revenue, institute fair and10

transparent customs and tariff management that will efficiently facilitate11

international trade, protect and enhance government revenue, prevent and curtail12

any form of customs fraud and illegal acts, and modernize customs and tariff13

administration. Towards this end, the State shall:14

(a) Develop and implement programs for the continuous enhancement of15

customs systems and processes that will harmonize customs procedures;16

F il ed as of

September 28, 2015


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(b) Adopt clear and transparent customs rules, regulations, policies and1

procedures, consistent with international standards and customs best practices;2

(c) Establish a regime of transparency of and accessibility to customs3

information, customs laws, rules, regulations, administrative policies, procedures4

and practices, in order to ensure informed, and diligent compliance with customs5

practices and procedures by stakeholders;6

(d) Consult, coordinate and cooperate with other government agencies7

and the private sector in implementing and developing customs policy;8

(e) Provide a fair and expeditious administrative and judicial appellate9

remedy for customs related grievances and matters;10

(f) Employ modern practices in customs administration and utilize11

information and communications technology in the implementation of customs12

functions; and13

g) Reform Tax Administration by hiring and maintaining competent and14

professional customs officials and personnel to enforce the Customs and Tariff15

Law.16

SEC. 102. Defini t ion o f Terms . – As used in this Act:17

(a) Abatement refers to the reduction or diminution, in whole or in part, of18

duties and taxes where payment has not been made.19

(b) Actual or Outright Exportation refers to the customs procedure20

applicable to goods which, being in free circulation, leave the Philippine territory21

and are intended to remain permanently outside it; 22

(c) Admission refers to the act of bringing imported goods directly or23

through transit into a free zone; 24

(d) Airway Bill (AWB) refers to a transport document for airfreight used by25

airlines and international freight forwarders which specify the holder or consignee26

of the bill who has the right to claim delivery of the goods when they arrive at the27

port of destination. It is a contract of carriage that includes carrier conditions,28

such as limits of liability and claims procedures. In addition, it contains transport29


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instructions to airlines and carriers, a description of the goods, and applicable1

transportation charges;2

(e) Appeal refers to the remedy by which a person who is aggrieved or3

adversely affected by any action, decision, order, or omission of the Bureau,4

seeks redress before the Bureau, the Secretary of Finance, or competent court,5

as the case may be; 6

(f) Assessment refers to the process of determining the amount of duties7

and taxes and other charges due on imported and exported goods; 8

(g) Authorized Economic Operator (AEO) refers to the importer, exporter,9

customs broker, forwarder, freight forwarder, transport provider, and any other10

entity duly accredited by the Bureau based on the World Customs Organization11

(WCO) Framework of Standards to Secure and Facilitate Global Trade, the12

Revised Kyoto Convention (RKC), the WCO Supply Chain Management13

Guidelines and the various national best practices to promote trade facilitation14

and to provide a seamless movement of goods across borders through secure15

international trade supply chains with the use of risk management and modern16

technology; 17

(h) Bill of Lading (B/L) refers to a transport document issued by shipping18

lines, carriers and international freight forwarders or non-vessel operating19

common carrier for water-borne freight. The holder or consignee of the bill has20

the right to claim delivery of the goods at the port of destination. It is a contract21

of carriage that includes carrier conditions, such as limits of liability and claims22

procedures. In addition, it contains transport instructions to shipping lines and23

carriers, a description of the goods, and applicable transportation charges;24

(i) Bureau refers to the Bureau of Customs;25

(j) Carrier refers to the person actually transporting goods or in charge of26

or responsible for the operation of the means of transport such as airlines,27

shipping lines, freight forwarders, cargo consolidators, non-vessel operating28

common carriers and other international transport operators;29


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(k) Clearance refers to the completion of customs and other government1

formalities necessary to allow goods to enter for consumption, warehousing,2

transit or transshipment, or to be exported or placed under another customs3

procedure; 4

(l) Commission refers to the Tariff Commission. 5

(m)Conditional Importation refers to the customs procedure known under6

the Revised Kyoto Convention (RKC) as temporary admission in which certain7

goods can be brought into a customs territory conditionally relieved totally or8

partially from payment of import duties and taxes; such goods must be imported9

for a specific purpose and must be intended for re-exportation within a specified10

period and without having undergone any change except normal depreciation11

due to the use made of them.12

(n) Constructive Import or Export refers to the movement of imported or13

exported goods to and from a free zone and customs territory;14

(o) Customs Broker refers to any person who is a bona fide holder of a15

valid Certificate of Registration/Professional Identification Card issued by the16

Professional Regulatory Board and Professional Regulation Commission17

pursuant to Republic Act No. 9280, otherwise known as the “Customs Broker Act18

of 2004;” 19

(p) Customs Office refers to any customs administrative unit that is20

competent and authorized to perform all or any of the functions enumerated21

under customs and tariff laws;22

(q) Customs Officer, as distinguished from a clerk or employee, refers to a23

person whose duty, not being clerical or manual in nature, involves the exercise24

of discretion in performing the function of the Bureau. It may also refer to an25

employee authorized to perform a specific function of the Bureau as provided in26

this Act;27

(r) Customs Territory refers to areas in the Philippines where customs28

and tariff laws may be enforced.29


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(s) Entry refers to the act, documentation and process of bringing1

imported goods into the customs territory, including goods coming from free2

zones;3

(t) Export Declaration refers to the act, documentation, and process of4

bringing goods out of Philippine territory;5

(u) Flexible Clause refers to the power of the President upon6

recommendation of the NEDA (1) to increase, reduce or remove existing7

protective tariff rates of import duty, but in no case be higher than 100% ad8

valorem, (2) to establish import quota or to ban importation of any commodity as9

maybe necessary, (3) to impose additional duty on all import not exceeding 10%10

ad valorem whenever necessary.11

(v) Foreign Exporter refers to one whose name appears on documentation12

attesting to the export of the product to the Philippines regardless of the13

manufacturer’s name in the invoice. 14

(w)Free Zone refers to special economic zones registered with the15

Philippine Economic Zone Authority (PEZA) under Republic Act No. 7916, as16

amended, duly chartered or legislated freeports Special Economic Zones and17

Freeports such as Clark Freeport Zone, Poro Point Freeport Zone, John Hay18

Special Economic Zone and Subic Bay Freeport Zone under Republic Act No.19

7227 as amended by Republic Act No. 9400, the Aurora Special Economic Zone20

under Republic Act No. 9490, the Cagayan Special Economic Zone and Freeport21

under Republic Act No. 7922, the Zamboanga City Special Economic Zone22

under Republic Act No. 7903, and Freeport Area of Bataan under Republic Act23

No. 9728 and such other freeports as established or maybe created by law;24

(x) Goods refer to articles, wares, merchandise and any other items which25

are subject of importation or exportation;26

(y) Goods declaration refers to a statement made in the manner27

prescribed by the Bureau and other appropriate agencies, by which the persons28

concerned indicates the procedure to be observed in the application for the entry29


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or admission of imported or exported goods and the particulars of which the1

customs administration shall require;2

(z) Importation refers to the act of bringing in of goods from a foreign3

territory into Philippine territory, whether for consumption, warehousing, or4

admission as defined in this Act.5

(aa) Freight Forwarder refers to a local entity that acts as a cargo6

intermediary and facilitates transport of goods on behalf of its client without7

assuming the role of a carrier, which can also perform other forwarding services,8

such as booking cargo space, negotiating freight rates, preparing documents,9

advancing freight payments, providing packing/crating, trucking and10

warehousing, engaging as an agent/representative of a foreign non-vessel11

operating as a common carrier/cargo consolidator named in a master bill of12

lading as consignee of a consolidated shipment, and other related undertakings. 13

(bb) Jurisdictional Waters refers to the power and rights of the Bureau of14

Customs in exercising supervision and police authority over all seas within the15

jurisdiction of the Philippine territory and over all coasts, ports, airports, harbors,16

bays, rivers and inland waters whether navigable or not from the sea.17

(cc) Lodgement refers to the registration of a goods declaration with the18

Bureau; 19

(dd) Non-Vessel Operating Common Carrier (NVOCC) refers to an entity,20

which may or may not own or operate a vessel that provides a point-to-point21

service which may include several modes of transport and/or undertakes group22

age of less container load (LCL) shipments and issues the corresponding23

transport document;24

(ee) Outright Smuggling refers to an act of importing goods into the25

country without complete customs prescribed importation documents, or without26

being cleared by customs or other regulatory government agencies, for the27

purpose of evading payment of prescribed taxes, duties and other government28

charges.29


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(ff) Perishable Good s refers to goods liable to perish or goods that1

depreciate greatly in value while stored or which cannot be kept without great2

disproportionate expense, which may be proceeded to, advertised and sold at3

auction upon notice if deemed reasonable; 4

(gg) Port of Entry refers to a domestic port open to both domestic and5

international trade, including principal ports of entry and subports of entry. A6

principal port of entry is the chief port of entry of the Customs District wherein it is7

situated and is the permanent station of the District Officer of such port. Subports8

of entry are under the administrative jurisdiction of the District Officer of the9

principal port of entry of the Customs District. Port of entry as used in this Act10

shall include airport of entry;11

(hh) Port of Discharge, also called port of unloading, refers to a place12

where a vessel, ship, aircraft or train unloads its shipments, from where they will13

be dispatched to their respective consignees;14

(ii) Re-exportation means exportation of goods which have been imported;15

(jj) Release of goods refers to the action by the Bureau to permit goods16

undergoing clearance to be placed at the disposal of the party concerned;17

(kk) Refund refers to the return, in whole or in part, of duties and taxes18

paid on goods;19

(ll) Security refers to any form of guaranty, such as a surety bond, cash20

bond, standby letter of credit or irrevocable letter of credit, which ensures the21

satisfaction of an obligation to the Bureau; 22

(mm) Smuggling refers to the fraudulent act of importing any goods into23

the Philippines, or the act of assisting in receiving, concealing, buying, selling,24

disposing or transporting such goods, with full knowledge that the same has25

been fraudulently imported, or the fraudulent exportation of goods. Goods26

referred to under this definition shall be known as smuggled goods;27


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(nn) Taxes refer to all taxes, fees and charges imposed under this Act and1

the National Internal Revenue Code (NIRC), as amended, and collected by the2

Bureau;3

(oo) Technical Smuggling refers to the act of importing goods into the4

country by means of fraudulent, falsified or erroneous declaration of the goods to5

its nature, kind, quality, quantity or weight, for the purpose of reducing or6

avoiding payment of prescribed taxes, duties and other charges;7

(pp) Tentative Release refers to a case where the assessment is disputed8

and pending review importer may put up a cash bond equivalent to the duties9

and taxes and obtain release of the goods.10

(qq) Transit refers to the customs procedure under which goods, in its11

original form, are transported under customs control from one customs office to12

another, or to a free zone;13

(rr) Transshipment refers to the customs procedure under which goods14

are transferred under customs control from the importing means of transport to15

the exporting means of transport within the area of one Customs office, which is16

the office of both importation and exportation;17

(ss) Travelers refers to any person who temporarily enters the territory of18

a country in which he or she does not normally resides (non-resident), or who19

leaves that territory, and any person who leaves the territory of a country in20

which he or she normally resides (departing resident) or who returns to that21

territory (returning resident);22

(tt) Third Party refers to any person who deals directly with the Bureau, for23

and on behalf of another person, relating to the importation, exportation,24

movement or storage of goods.25

SEC. 103. When Importat ion B egins and Deemed Terminated . –

26

Importation begins when the carrying vessel or aircraft enters the Philippine27

territory with the intention to unload therein. Importation is deemed terminated28

when:29


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(a) the duties, taxes and other charges due upon the goods have been1

paid or secured to be paid at the port of entry unless the goods are free from2

duties, taxes and other charges and legal permit for withdrawal has been3

granted; or4

(b) in case the goods are deemed free of duties, taxes and other5

charges, the goods have legally left the jurisdiction of the Bureau.6

SEC. 104. When Duty and Tax is Due on Imported Good s . – Except as7

otherwise provided for in this Act or in other laws, all goods, when imported into8

the Philippines, shall be subject to duty upon importation, including goods9

previously exported from the Philippines.10

Duties, taxes and other charges shall be paid prior to release of goods11

from customs custody which shall not in any case exceed fifteen (15) days from12

receipt of notice of final assessment. In case of withdrawal from the free zone of13

goods intended for consumption in the customs territory, duties, taxes, and other14

charges shall be paid prior to entry of the goods into the customs territory. In the15

case of highly compliant and low-risk importers or exporters, the Bureau may16

allow the deferred payment of duties and taxes for a period of not less than17

fourteen (14) days but not exceeding thirty (30) days. The government or any of18

its instrumentalities or agencies may avail of the deferred payment system for its19

importations, subject to the terms and conditions specified by the corresponding20

rules and regulation to be jointly issued by the Department of Finance (DOF) and21

the Department of Budget and Management (DBM).22

Unpaid duties, taxes and other charges, shall incur legal interest of twenty23

percent (20%) per annum computed from the date of final assessment under24

Section 429, when payment becomes due and demandable. The legal interest25

shall likewise accrue on any fine or penalty imposed.26

Upon payment of the duties, taxes and other charges, the Bureau shall27

issue the necessary receipt or document as proof of such payment.28


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In case of deferred payment, the Bureau may initiate legal action for the1

collection of unpaid duties, taxes and other charges within three (3) years from2

its due date.3

SEC. 105. Effective Date of Rate of Import Du ty . – Imported goods4

shall be subject to the import duty rates under the applicable tariff heading that5

are effective at the date of importation or upon withdrawal from the warehouse6

for consumption. In case of withdrawal from free zones for introduction to the7

customs territory, the duty rate at the time of withdrawal shall be applicable on8

the goods originally admitted, whether withdrawn in its original or advanced form.9

In case of goods sold at customs public auction, the duty rates at the date10

of the auction shall apply for purposes of implementing Section 1142 (a).11

SEC. 106. Declaran t . – A declarant may be a consignee or a person who12

has the right to dispose of the goods. The declarant shall lodge a goods13

declaration with the Bureau and may be:14

(a) the importer, being the holder of the bill of lading; or15

(b) the exporter, being the owner of the goods to be shipped out; or16

(c) a customs broker acting under the authority of the importer or from a17

holder of the bill.18

In case the consignee or the person who has the right to dispose of the19

goods is a juridical person, it may authorize a responsible officer of the company20

to sign the goods declaration as declarant in its behalf.21

The import declarations submitted to the Bureau shall be processed by22

the declarant or by a licensed customs broker: Provided, That in case of export,23

the export declaration shall be signed by the exporter or, at his option, delegate24

the signing and processing of the document to his designated customs broker or25

authorized representative as provided in RA 9280, as amended.26

SEC. 107. Rights and Responsibi l i t ies of the Declarant . – The27

declarant shall be responsible for the accuracy of the goods declaration and for28

the payment of all duties, taxes, and other charges due on the imported goods.29


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The licensed customs broker shall likewise be responsible for the accuracy of the1

goods declaration but shall not be responsible for the payment of duties, taxes2

and other charges due on the imported goods.3

The declarant shall sign the goods declaration, even when assisted by a4

licensed customs broker, who shall likewise sign the goods declaration.5

SEC. 108. Penalt ies for Errors in Goo ds Declarat ion . – The Bureau6

shall not impose substantial penalties for errors when such errors are inadvertent7

and there was no fraudulent intent or gross negligence in the Commission8

thereof: Provided, That, in order to discourage repetition of such errors, a penalty9

may be imposed but shall not be excessive.10

SEC. 109. Appl icat ion of Informat ion and Communicat ions11

Technology . – In accordance with international standards, the Bureau shall12

utilize information and communications technology to enhance customs control13

and to support a cost-effective and efficient customs operations geared towards14

a paperless customs environment.15

The security of date and communication shall be in a manner that is16

consistent with applicable local and internationally accepted standards on17

information security.18

The Bureau shall likewise include as part of its systems and processes, a19

disaster preparedness and recovery plan to ensure business continuity by20

maintaining its uptime goal for its electronic and online services.21

For purposes of customs procedures, electronic documents, permits,22

licenses or certificates shall be acceptable and shall have the legal effect, validity23

or enforceability as any other document or legal writing: Provided , That when the24

prescribed requirements are duly complied with, the Bureau shall:25

(a) recognize the authenticity and reliability of electronic documents;26

(b) submit approval in the form of electronic date messages or electronic27

documents; and28


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(c) require and/or accept payments and issue receipts acknowledging1

such payments through systems using electronic date messages or electronic2

documents.3

The introduction and implementation of information and communications4

technology shall be undertaken with due consultation with directly affected5

parties and stakeholders.6

SEC. 110. Relat ionship Between the Bu reau and Third Part ies . – 7

Parties may transact business with the Bureau either directly or through a8

designated third party to act on their behalf.9

The customs transactions directly transacted by a party shall not be10

treated less favorably or be subject to more stringent requirements than those11

transacted through a designated third party.12

A designated third party shall have the same rights and obligations as the13

designating party when transacting business with the Bureau.14

Subject to the provisions of existing laws, treaties, convention and15

international agreements, the Secretary of Finance shall make the necessary16

guidelines for the defined relationship of the Bureau and third parties.17

SEC. 111. Inform at ion of General Appl icat ion . – All laws, decisions,18

rulings, circulars, memoranda and orders shall be published in accordance with19

law.20

To foster an informed compliance regime, the Bureau shall ensure that all21

relevant and available information of general application pertaining to customs22

operations and procedures which are not confidential or intended for the23

Bureau’s internal use only, shall be readily accessible to any interested person.24

Any new information, amendment or changes to customs law,25

administrative procedures or requirements, shall, as far as practicable, be made26

readily available prior to its effective date of implementation unless advance27

notice is precluded.28


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SEC. 112. Inform at ion of a Speci f ic Nature . – The Bureau shall1

provide information, not otherwise confidential or for the Bureau’s internal use2

only, relating to a specific matter as may be requested by an interested party for3

legitimate use.4

The Bureau may require the payment of a reasonable fee in providing5

such information. the requested information shall be released within reasonable6

time from filing of the request and payment of the fee.7

SEC. 113. Decis ion and Rul ing . – The Bureau shall, consistent with8

Section 1502 of this Act, issue binding and advance decision and ruling at the9

request of an interested party on matters pertaining to importation or exportation10

of goods.11

Upon written request of the interested party, the Bureau shall notify the12

party of its decision in writing within a period specified in this Act or by regulation.13

Should the decision be adverse to the requesting interested party, the reasons14

thereof shall be indicated and the party shall be advised of the party’s right of15

appeal.16

The ruling and decision shall be issued by the Bureau within 30 days from17

the submission of the necessary documents and information.18

SEC. 114. Right of Appeal , Forms and Ground . – Any party19

adversely affected by a decision or omission of the Bureau pertaining to an20

importation, exportation, or any other legal claim shall have the right of appeal21

within thirty (30) days from receipt of the questioned decision or order.22

An appeal in writing shall be filed within the period prescribed in this Act or23

by regulation and shall specify the grounds thereof.24

The Bureau may allow a reasonable time for the submission of supporting25

evidence to the appeal.26


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CHAPTER 31

TYPES OF IMPORTATION2

SEC. 115. Treatment of Importat ion . – Imported goods shall be3

deemed “entered” in the Philippines for consumption when the goods declaration4

is electronically lodged, together with any required supporting documents, with5

the pertinent customs office.6

SEC. 116. Free Importat ion and Exportat ion . – Unless otherwise7

provided by law or regulation, all goods may be freely imported into and exported8

from the Philippines without need for import and export permits, clearances or9

licenses.10

SEC. 117. Regulated Impo rtat ion and Exportat ion. – Goods which are11

subject to regulation shall be imported or exported only after securing the12

necessary import or export permits, clearances, licenses, and any other13

requirements, prior to importation or exportation. In case of importation,14

submission of requirements after arrival of the goods but prior to release from15

customs custody, shall only be allowed only in cases provided for by governing16

laws or regulations.17

SEC. 118. Prohibi ted Importat ion and Exportat ion . – The18

importation and exportation of the following goods are prohibited:19

(a) Written or printed goods in any form containing any matter20

advocating or inciting treason, rebellion, insurrection, sedition against the21

government of the Philippines, or forcible resistance to any law of the Philippines,22

or written or printed goods containing any threat to take the life of, or inflict bodily23

harm upon any person in the Philippines;24

(b) Goods, instruments, drugs and substances designed, intended or25

adapted for producing unlawful abortion, or any printed matter which advertises,26

describes or gives direct or indirect information where, how or by whom unlawful27

abortion is committed;28


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(c) Written or printed goods, negatives or cinematographic film,1

photographs, engravings, lithographs, objects, paintings, drawings or other2

representation of an obscene or immoral character;3

(d) Any goods manufactured in whole or in part of gold, silver or other4

precious metals or alloys and the stamp, brand or mark does not indicate the5

actual fineness of quality of the metals or alloys;6

(e) Any adulterated or misbranded food or goods for human consumption7

or any adulterated or misbranded drug in violation of relevant laws and8

regulations;9

(f) Infringing goods as defined under the intellectual property code and10

related laws; and11

(g) All other goods or parts thereof, which importation and exportation are12

explicitly prohibited by law or rules and regulations issued by the competent13

authority.14

SEC. 119. Restr ic ted Importat ion and Exportat ion. - Except when15

authorized by law or regulation, the importation and exportation of the following16

restricted goods are prohibited:17

(a) Dynamite, gunpowder, ammunitions and other explosives, firearms18

and weapons of war, or parts thereof;19

(b) Roulette wheels, gambling outfits, loaded dice, marked cards,20

machines, apparatus or mechanical devices used in gambling or the distribution21

of money, cigars, cigarettes or other goods when such distribution is dependent22

on chance, including jackpot and pinball machines or similar contrivances, or23

parts thereof;24

(c) Lottery and sweepstakes tickets, except advertisements thereof and25

lists of drawings therein.26

(d) Marijuana, opium, poppies, coca leaves, heroin or other narcotics or27

synthetic drugs which are or may hereafter be declared habit forming by the28

President of the Philippines, or any compound, manufactured salt, derivative, or29


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preparation thereof, except when imported by the government of the Philippines1

or any person duly authorized by the Dangerous Drugs Board, for medicinal2

purposes;3

(e) Opium pipes or parts thereof, of whatever material; and4

(f) Any other goods which importation and exportation are restricted.5

The restriction to import or export the above stated goods shall include the6

restriction on their transshipment.7

CHAPTER 48

RELIEF CONSIGNMENT9

SEC. 120. Relief Consignm ent . – Goods such as food, medicine,10

equipment and materials for shelter, donated or leased to government institutions11

and accredited private entities for free distribution to or use of victims of12

calamities shall be treated and entered as relief consignment.13

Upon declaration of a state of calamity, clearance of relief consignment14

shall be a matter of priority and subject to a simplified customs procedure. the15

Bureau shall provide for:16

(a) Lodging of a simplified goods declaration or of a provisional or17

incomplete goods declaration subject to completion of the declaration within a18

specified period;19

(b) Lodging, registering and checking of the goods declaration and20

supporting documents prior to the arrival of the goods, and their release upon21

arrival;22

(c) Clearance beyond the designated hours of business or away from23

customs offices and waiver of any corresponding charges; and24

(d) Examination and/or sampling of goods only in exceptional25

circumstances.26

The DOF and the Department of Social Welfare and Development27

(DSWD) shall jointly issue the rules and regulations for the implementation of this28

provision.29


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(f) Assign or reassign any customs officer subject to the approval of the1

Secretary of Finance: Provided, That District Officers and other customs officers2

that perform assessment functions shall not remain in the same area of3

assignment for more than three (3) years; and4

(g) Perform all other duties and functions as may be necessary for the5

effective implementation of this Act and other customs related laws.6

SEC. 202. Funct ions o f the Bureau . – The Bureau shall exercise the7

following duties and functions:8

(a) Assessment and collection of customs revenues from imported goods9

and other dues, fees, charges, fines and penalties accruing under this Act;10

(b) Simplification and harmonization of customs procedures to facilitate11

movement of goods in international trade; Border control to prevent entry of12

smuggled goods;13

(c) Prevention and suppression of smuggling and other customs fraud;14

(d) Facilitation and security of international trade and commerce through15

an informed compliance program;16

(e) Supervision and control over the entrance and clearance of vessels17

and aircraft engaged in foreign commerce;18

(f) Supervision and control over the handling of foreign mails arriving in19

the Philippines for the purpose of collecting revenues and prevent the entry of20

contraband;21

(g) Supervision and control on all import and export cargoes, landed or22

stored in piers, airports, terminal facilities, including container yards and freight23

stations;24

(h) Exercise of exclusive original jurisdiction over forfeiture cases under25

this Act; and26

(i) Enforcement of this Act and all other laws, rules and regulations27

relating to tariff and customs administration.28


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SEC. 203. Ann ual Report of the Comm issioner . – The Commissioner1

shall submit to the President, the Congress of the Philippines and the National2

Economic and Development Authority (NEDA) an annual report on the3

performance of the Bureau, on or before March 31 of the following year.4

SEC. 204. Promulgat ion of Rules and Regulat ions . – The5

Commissioner, subject to the approval of the Secretary of Finance, shall6

promulgate rules and regulations for the enforcement of this Act. The7

Commissioner shall regularly prepare and publish an updated customs manual,8

and the rules, regulations and decisions of the Bureau. The Commissioner shall9

furnish the Congress of the Philippines, NEDA and the Tariff Commission with10

electronic copies of department orders, administrative orders, circulars, and rules11

and regulations promulgated pursuant to this Act.12

SEC. 205. Copies of Goo ds Declarat ion . –The Commissioner shall13

regularly furnish the NEDA, the Philippine Statistics Authority (PSA), the Bureau14

of Internal Revenue (BIR) and the Tariff Commission electronic copies of all15

customs goods declaration processed and cleared by the Bureau.16

Upon request, the Tariff Commission shall have access to, and the right to17

be furnished with copies of liquidated goods declaration and other documents18

supporting the goods declaration as finally filed in the COA.19

For this purpose, the Bureau shall maintain electronic records of goods20

declaration and other documents supporting the declaration21

CHAPTER 222

CUSTOMS DISTRICTS AND PORTS OF ENTRY23

SEC. 206. Customs Distr ic ts . – For administrative purposes, the24

Philippines shall be divided into as many Customs Districts as necessary, the25

respective limits of which may be changed from time to time by the26

Commissioner, with the approval of the Secretary of Finance.27

Each Customs District shall be supervised by one (1) District Officer,28

assisted by as many Deputy District Officers as may be necessary. The choice of29


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the location of a District Office, its business hours and the staffing pattern1

thereof, shall be based on the particular requirements of each district.2

SEC. 207. Ports of Entry . – All ports of entry shall be under the3

supervision and control of a Customs District. A District Officer shall be assigned4

in the principal ports of entry while a Deputy District Officer may be assigned in5

other types of ports of entry.6

The principal ports of entry shall be located in Aparri, San Fernando,7

Manila, Manila International Container Port, Ninoy Aquino International Airport,8

Subic, Clark, Batangas, Legaspi, Iloilo, Cebu, Tacloban, Surigao, Cagayan de9

Oro, Zamboanga, Davao, Limay and such other ports created pursuant to this10

Act.11

For the effective enforcement of Bureau functions, sea port and airport12

authorities and private port and airport operators shall provide suitable facilities13

for examination areas and for other customs equipment free of charge.14

SEC. 208. Power of the President to Open and Close Any Port . – 15

Upon the recommendation of the Secretary of Finance, the President may open16

or close any port of entry. Upon closure of a port of entry, the existing personnel17

shall be reassigned by the Commissioner, subject to the approval of the18

Secretary of Finance.19

SEC. 209. Assignment of Customs Off icers and Employees to20

Other Duties . – The Commissioner, with the approval of the Secretary of21

Finance, may assign any employee of the Bureau to any port, service, division or22

office of the Bureau within the Bureau’s staffing pattern or organizational23

structure, or be assigned other duties: Provided, That such assignment shall not24

affect the employees’ tenur e of office nor result to change of status, demotion in25

rank and/or salary deduction.26

SEC. 210. Duties of the Distr ict Officer. –The District Officer shall have27

the following duties in their assigned Customs District:28

(1) ensure entry of all imported goods at the customs office;29


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(2) prevent importation and exportation of prohibited goods;1

(3) ensure legal compliance of regulated goods and facilitate the flow of2

legitimate trade;3

(4) value and classify imported goods;4

(5) assess and collect duties, taxes and other charges on imported goods;5

(6) hold and dispose imported goods in accordance with this Act;6

(7) prevent smuggling and other customs fraud; and7

(8) perform other necessary duties that may be assigned by the8

Commissioner for the effective implementation of this Act.9

Subject to the supervision and control of the District Officer, the duties and10

functions of the District Officer may be delegated to the Deputy District Officer.11

The Deputy District Officer assigned to a sub-port shall be under the supervision12

and control of the District Officer of the corresponding principal port.13

SEC. 211. Auth or i ty of th e Distric t Off icer to Hold the Del ivery or14

Release of Imp orted Goo ds . – Except for government importation, the District15

Officer shall hold the delivery of imported or consigned goods to an importer with16

an outstanding and demandable account with the Bureau. Upon due notice to the17

importer, the District Officer may sell the goods or any portion thereof to cover18

the payment of the outstanding account. However, the importer may settle the19

overdue obligation prior to the sale. The goods shall be released and delivered to20

the importer only after payment of the duties, taxes, and other charges.21

SEC. 212. Temporary Succession of Deputy Distr ic t Off icer to22

Posi t ion of A ct ing Distr ic t Off icer . – In the absence or disability of a District23

Officer or, in case of a vacancy, the Deputy District Officer shall temporarily24

discharge the duties of the District Officer. Should there be no Deputy District25

Officer, the District Officer shall designate, in writing, a senior ranking officer to26

temporarily perform the duties of the District Officer. In case there are two or27

more senior ranking officers with equal length of service, a drawing of lots shall28


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be undertaken. The District Officer shall report the designation to the1

Commissioner within twenty-four (24) hours after the designation.2

SEC. 213. Records to be Kept by Customs Off icers . – District3

Officers, Deputy District Officers, and customs officers acting in such capacities4

must maintain permanent records of official transactions and turn-over all records5

and official papers to their respective successors or other authorized officials.6

The records shall be made available for inspection by other authorized officials of7

the Bureau.8

If required, the District Officer shall affix on all documents and records9

requiring authentication the official dry seal of the Bureau.10

SEC. 214. Reports of the Distr ic t Off icer to the Commissio ner . – 11

The District Officer shall report to the Commissioner any probable or initiated12

litigation within the Customs District and shall submit regular monthly reports on13

all district transactions.14

CHAPTER 315

EXERCISE OF POLICE AUTHORITY16

SEC. 215. Persons Exercis ing Pol ice Author i ty . – For the effective17

implementation of this Act, the following persons are authorized to effect search,18

seizure, and arrest:19

(a) Officials of the Bureau, District Officers, Deputy District Officers, police20

officers, agents, inspectors and guards of the Bureau;21

(b) Officers and members of the Armed Forces of the Philippines (AFP)22

and national law enforcement agencies;23

(c) Officials of the BIR on all cases falling within the regular performance24

of their duties, when payment of internal revenue taxes is involved; and25

All officers authorized by the Commissioner to exercise police authority26

shall at all times coordinate with the Commissioner.27


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Goods/articles seized by deputized officers pursuant to this Section shall1

be physically turned-over immediately to the Bureau, unless provided under2

existing laws, rules and regulations.3

For this purpose, mission orders shall clearly indicate the specific name4

carrying out the mission and the tasks to be carried out.5

Subject to the approval of the Secretary of Finance, the Commissioner6

shall define the scope, areas covered, procedures and conditions governing the7

exercise of such police authority including custody and responsibility for the8

seized goods. The rules and regulations to this effect shall be furnished the9

concerned government agencies and personnel for guidance and compliance.10

All seizures pursuant to this Section must be effected in accordance with11

the provisions on the conduct of seizure proceedings provided for in Chapters 312

and 4 of Title XI of this Act.13

SEC. 216. Place Where Au tho ri ty May be Exercised . – All persons14

conferred with powers in the preceding section may exercise the same at any15

place within the jurisdiction of the Bureau of Customs.16

The Bureau of Customs shall exercise police authority in all areas defined17

in Section 300 of this Act. Port authorities shall provide authorized customs18

officials with unhampered access to all premises of the customs zone within their19

administrative jurisdiction.20

The Bureau of Customs may exercise oversight police authority in21

economic or free port zone subject to proper coordination with the governing22

authority of the zone. For this purpose, to ensure consistency and harmony in23

the formulation and implementation of customs policies affecting the zone, the24

Commissioner of Customs shall sit as an ex-officio member of the board of25

directors of all economic or freeport zone authorities.26

SEC. 217. Exercise of Pow er of Seizure . – Any person exercising27

police authority under this Act has the power and duty to seize any vessel,28


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aircraft, cargo, goods, animal or any other movable property when the same is1

subject to forfeiture or when they are subject of a fine imposed under this Act.2

SEC. 218. Duty of Officer to Disc lose Official Character . – For the3

proper exercise of police authority, any authorized person shall disclose the4

nature of the authority upon being questioned at the time of exercise thereof shall5

exhibit the corresponding written authority issued by the Commissioner.6

SEC. 219. Auth or i ty to Require Assistance and Inform at ion . – Any7

person exercising police authority may demand the assistance of and request8

information from the Philippine National Police (PNP), Armed Forces of the9

Philippines (AFP) and other national law enforcement agency, when necessary10

to effect any search, seizure or arrest. It shall be the duty of any police officer11

and other national law enforcers to give such lawful assistance.12

SEC. 220. Auth or i ty to Enter Propert ies . – Any person exercising13

police authority may at any time enter, pass through, and search any land,14

enclosure, warehouse, store, building or structure not principally used as a15

dwelling or house.16

When a security personnel or any other employee lives in the warehouse,17

store, or any building, structure or enclosure that is used for storage of goods, it18

shall not be considered as a dwelling or house for purposes of this Act.19

SEC. 221. Auth or i ty to Search Dwel l ing House . – A dwelling or house20

may be entered and searched only upon warrant issued by a Judge of the Court21

or such other responsible officers as may be authorized, the sworn application22

thereon showing probable cause and particularly describing the place to be23

searched and things to be seized.24

SEC. 222. Auth or i ty to Search Vessels or Aircraf ts and Persons or25

Goods Conveyed Therein . – Any person exercising police authority under this26

Act may board, inspect, search and examine a vessel or aircraft and any27

container, trunk, package, box or envelope found on board, and physically28

search and examine any person thereon. In case of any probable violation of this29


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Act, the person exercising police authority may seize the goods, vessel, aircraft,1

or any part thereof.2

Such power to search includes removal of any false bottom, partition,3

bulkhead, or any other obstruction for the purpose of uncovering any concealed4

dutiable or forfeitable goods.5

The proceeding herein authorized shall not give rise to any claim for6

damage caused to the goods, vessel or aircraft, unless there is gross negligence7

or abuse of authority in the exercise thereof.8

SEC. 223. Au tho ri ty to Search Vehicles, Other Carr iers, Person s9

and Anim als . – Upon reasonable cause, any person exercising police authority10

may open and examine any box, trunk, envelope, or other container for purposes11

of determining the presence of dutiable or prohibited goods. This authority12

includes the search of receptacles used for the transport of human remains and13

dead animals. Such authority likewise includes the power to stop, search and14

examine any vehicle or carrier, person or animals suspected of holding or15

conveying dutiable or prohibited goods.16

SEC. 224. Author i ty to Search Persons Arr iv ing From Foreign17

Countr ies . – Travelers arriving from foreign countries may be subjected to18

search and detention by the customs officers. The dignity of the person under19

search and detention shall be respected at all times.20

SEC. 225. Power to Inspect and Vis i t . – The Commissioner or any21

customs officer who is authorized in writing by the Commissioner, may demand22

evidence of payment of duties and taxes on imported goods openly for sale or23

kept in storage. In the event that the interested party fails to produce such24

evidence within fifteen (15) days, the goods may be seized and subjected to25

forfeiture proceedings: Provided, That during the proceedings the interested26

party shall be given the opportunity to prove or show the source of the goods and27

the payment of duties and taxes thereon: Provided, further, That when the28

warrant of seizure has been issued but subsequent documents presented29


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evidencing proper payment are found to be authentic and in order, the District1

Officer shall, within fifteen (15) days from the receipt of the motion to quash or2

recall the warrant, shall cause the immediate release of the goods seized,3

subject to clearance by the Commissioner: Provided, furthermore, That the4

release thereof shall not be contrary to law.5

TITLE III6

CUSTOMS JURISDICTION AND CUSTOMS CONTROL7

CHAPTER 18

CUSTOMS JURISDICTION9

SEC. 300. Customs Jur isd ic t ion . – For the effective implementation10

of this Act, the Bureau shall exercise jurisdiction over all seas within Philippine11

territory and all coasts, ports, airports, harbors, bays, rivers and inland waters12

whether navigable or not from the sea and any means of conveyance.13

The Bureau shall pursue imported goods subject to seizure during its14

transport by land, water and air and shall exercise jurisdiction as may be15

necessary for the effective enforcement of this Act. When a vessel or aircraft16

becomes subject to seizure for violation of this Act, a pursuit of such vessel or17

aircraft which began within the territorial waters or air space may continue18

beyond the same, and the vessel or aircraft may be seized in the high seas or19

international air space.20

CHAPTER 221

CUSTOMS CONTROL22

SEC. 301. Customs Control Over Goods . – All goods, including23

means of transport, entering or leaving the customs territory, regardless of24

whether they are liable to duties and taxes, shall be subject to customs control to25

ensure compliance with this Act.26

In the application of customs control, the Bureau shall use audit-based27

controls and risk management systems and adopt a compliance measurement28

strategy to support risk management.29


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The Bureau shall seek to cooperate and conclude mutual administrative1

assistance agreements with other customs administrations to enhance customs2

control. The Bureau shall consult, coordinate, and cooperate with other3

government regulatory agencies, free zones authorities, and the customs4

stakeholders in general to enhance customs control.5

SEC. 302. Enforcement of Port Regulat ion of B ureau of Quarant ine. -6

Customs officials and employees shall cooperate with the quarantine authorities7

in the enforcement of the port quarantine regulations promulgated by the Bureau8

of Quarantine and shall give effect to the same in so far as connected with9

matters of shipping and navigation.10

SEC. 303. Control Over Premises Used for Custom s Purpos es . – 11

The Bureau shall, for customs purposes, have exclusive control, direction and12

management of customs offices, facilities, warehouses, ports, airports, wharves,13

and other premises in the Customs Districts, in all cases without prejudice to the14

general police powers of the local government units (LGUs), the Philippine Coast15

Guard and of law enforcement agencies in the exercise of their respective16

functions.17

SEC. 304. Power of the President to Subject Premises to Cus toms18

Jur isdict ion . – The President may, by executive order, declare any public19

wharf, landing place, street or land, in any port of entry under the jurisdiction of20

the Bureau as may be necessary, for customs purposes.21

SEC. 305. Trespass or Obstruct ion of Customs Premises . – No22

person shall enter or obstruct a customs office, warehouse, port, airport, wharf,23

or other premises under the control of the Bureau without prior authority,24

including the streets or alleys where these facilities are located. 25

SEC. 306. Special Survei l lance for the Protect ion of Customs26

Revenue and Prevent ion of Smuggl ing. – The Bureau shall conduct27

surveillance on vessels or aircrafts entering Philippine territory and on imported28

goods entering the customs office: Provided, That the function of the Philippine29


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Coast Guard to prevent and suppress the illegal entry of these goods, smuggling1

and other forms of customs fraud and violations of maritime law and its proper2

surveillance of vessels entering and/or leaving Philippine territory as provided in3

Republic Act No. 9993,otherwise known as the “Philippine Coast Guard Law of4

2009,” shall continue to be in force.5

SEC. 307. Temporary Storage Of Good s . – Subject to the rules and6

regulations to be issued by the Secretary of Finance, the Commissioner shall7

establish a system for temporary storage of imports prior to goods declaration.8

TITLE IV9

IMPORT CLEARANCE AND FORMALITIES10

CHAPTER 111

GOODS DECLARATION12

SEC. 400. Goods to be Impor ted through Customs Off ice . – All13

goods imported into the Philippines shall be entered through a customs office at14

a port of entry, or may be admitted to or removed from a free zone as defined in15

this Act, as the case may be.16

SEC. 401. Imp ortat ions Subject to Goo ds Declarat ion . – Unless17

otherwise provided for in this Act, all imported goods shall be subject to the18

lodgement of a goods declaration. A goods declaration may be for consumption,19

for customs bonded warehousing, for admission, for conditional importation, or20

for customs transit.21

SEC. 402. Goods Declarat ion for Consumption. - All goods declaration22

for consumption shall be cleared through a formal entry process except for the23

following goods which shall be cleared through an informal entry process:24

(a) Goods of a commercial nature with free on board (FOB) or free carrier25

at (FCA) value of less than Fifty Thousand Pesos (P50,000.00); and26

(b) Personal and household effects or goods, not in commercial quantity,27

imported in a passenger’s baggage or mail. 28


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The Commissioner may adjust the value of goods of commercial nature1

that shall be cleared through an informal entry process.2

All importations entered through a formal entry process shall be covered3

by a letter of credit or any verifiable commercial document evidencing payment4

or in cases where there is no sale for export, by any commercial document5

indicating the commercial value of the goods.6

SEC. 403. Provis ional Good s Declarat ion . - Where the declarant does7

not have all the information or supporting documents required to complete the8

goods declaration, the lodging of a provisional goods declaration may be9

allowed: Provided, that it substantially contains the necessary information10

required by the Bureau and the declarant undertakes to complete the information11

or submit the supporting documents within forty-five (45) days from the filing of12

the provisional goods declaration, which period may be extended by the bureau13

for another forty-five (45) days for valid reasons.14

If the Bureau accepts a provisional goods declaration, the duty treatment15

of the goods shall not be different from that of goods with complete declaration.16

Goods under a provisional goods declaration may be released upon17

posting of any security required equivalent to the amount that is disputed to18

ensure collection of applicable duties and taxes.19

SEC. 404. Owner of Imp orted Goods . – All goods imported into the20

Philippines shall be deemed to be the property of the consignee or the holder of21

the bill of lading, airway bill or other equivalent transport document if duly22

endorsed by the consignee therein, or, if consigned to order, duly endorsed by23

the consignor. The underwriters of abandoned goods and the salvors of goods24

saved from wreck at sea, coast, or any area of the Philippines, may be regarded25

as the consignees.26

SEC. 405. Liabi l i ty of Impo rter for Dut ies and Taxes . – The liability27

for duties, taxes, fees, and other charges attached to importation constitutes a28

personal debt due and demandable against the importer in favor of the29


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declaration that has already been lodged: Provided, that the request to amend1

the goods declaration, together with the intended amendments, must be received2

prior to final assessment or examination of the goods.3

SEC. 409. Adv ance Lodgement and Clearance . - The Bureau may4

provide for the lodgement and clearance of goods declaration and supporting5

documents prior to the arrival of the goods under such terms and conditions as6

may be provided by rules and regulations to be promulgated under this Act.7

SEC. 410. Entry of Goods in Part for Consump tion and in Part for8

Warehousing . – Goods declaration covered by one bill of lading or airway bill9

over goods which are meant in part for consumption and in part for warehousing10

may be both entered simultaneously for release at the port of entry.11

SEC. 411. Contents of Goo ds Declarat ion . – Goods declarations shall12

contain the names of the consignee, importing vessel or aircraft, port of13

departure, port of destination and date of arrival, the number and marks of14

packages, or the quantity, if in bulk, the nature and correct commodity15

description of the goods contained therein, its value as set forth in a proper16

invoice, and such other information as may be required by rules and regulation. 17

SEC. 412. Statements to b e Provided in the Goo ds Declarat ion . – 18

No entry of imported goods shall be allowed unless the goods declaration has19

been lodged with the Bureau. The goods declaration shall, under penalties of20

falsification or perjury, contain the following statements:21

(a) The invoice and goods declaration contain an accurate and faithful22

account of the prices paid or payable for the goods, and other adjustments to the23

price actually paid or payable, and that nothing has been omitted therefrom or24

concealed whereby the government of the Republic of the Philippines might be25

defrauded of any part of the duties and taxes lawfully due on the goods; and26

(b) To the best of the declarant’s information and belief, all the invoices27

and bills of lading or airway bills relating to the goods are the only ones in28

existence relating to the importation in question, band that these documents are29


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in the same state as when they were received by the declarant, and the1

declaration thereon are in all respects genuine and true.2

Goods declaration shall be submitted electronically pursuant to Republic3

Act No. 8792 otherwise known as the Electronic Commerce Act of 2000. Such4

declarations when printed and certified by a competent customs officer as a5

faithful reproduction of the electronic submission shall be considered as6

actionable documents for purposes of prosecuting a declarant if the declarations7

are found to be fraudulent.8

SEC. 413. Descr ipt ion of Goods . – Under such terms and conditions9

prescribed under the rules and regulations, the description of the goods in the10

goods declaration must be sufficient and specific in detail to enable the goods to11

be identified for valuation, statistical purposes, to be classified to the appropriate12

tariff heading and subheading in the currency of the invoice, and in such other13

particulars necessary for the proper assessment and collection of duties and14

taxes. The quantity and values of each of the several classes of goods shall be15

separately declared according to their respective headings or subheadings and16

the totals of each heading or subheading shall be duly shown.17

SEC. 414. Commercial and Non-comm ercial Invoice . – Commercial18

invoice of imported goods shall contain the following:19

(a) the agreed price paid or to be paid for the goods;20

(b) the adjustments to the price paid or to be paid as defined in Section21

701 (1) of this Act, if not yet included in the invoice;22

(c) the names of the buyer, seller, and the time and place of sale;23

(d) the port of entry;24

(e) a sufficient description to enable the accurate identification of goods25

for tariff classification, customs valuation, and statistical purposes, indicating the26

correct commodity description, in customary term or commercial designation,27

the grade or quality, numbers, marks or symbols under which they are sold by28


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the seller or manufacturer, together with the marks and number of packages in1

which the goods are packed;2

(f) the quantities in the weights or measures of the goods shipped; and3

(g) any other fact deemed necessary for the proper examination, customs4

valuation, and tariff classification of the goods as may be prescribed by rules and5

regulation6

To the extent possible, the above requirements shall also apply to goods7

imported not covered by sale, such as goods on consignment or lease, samples,8

or donations, covered by a consignment, pro-forma invoice, or other non-9

commercial invoice.10

SEC. 415. Mode of Payment and Terms o f Trade . – Subject to11

existing laws and rules on foreign currency exchange, the internationally12

accepted standards and practices on the mode of payment or remittance13

covering import and export transactions, including standards developed by14

international trading bodies such as the International Chamber of Commerce15

(ICC) on trading terms (incoterms) and on international letters of credit such as16

the Uniform Customs and Practice for Documentary Credits (UCP), shall be17

recognized.18

SEC. 416. Examinat ion of Samples . – Customs officers shall see to it19

that representative samples taken during examination shall be properly receipted20

for and retained within a reasonable period of time. The quantity and value of21

the samples taken shall be noted in the specified box of the import entry or22

electronic form. Such samples shall be duly labeled as will definitely identify them23

with the importation for which they are taken. 24

SEC. 417. Forwarding o f Cargo and Remains of Wrecked Vessel or25

Aircraf t . – When vessels or aircrafts are wrecked within the Philippines, the26

original owners or consignees of the cargo, or by its underwriters, in case of27

abandonment, may seek approval from the Bureau to forward the goods saved28

from the wreck to the ports of destination without going through the customs29


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office in the district in which the goods were cast ashore or unloaded. Upon1

approval, the goods may be forwarded with particular manifests and duly certified2

by a customs officer in charge of the goods.3

The owner of the vessel or aircraft may be permitted to export the remains4

of the wreck upon proper examination and inspection. The remains of a wrecked5

vessel shall include not only its hull and rigging, but also all sea stores, goods6

and equipment, such as sails, ropes and chain anchors.7

SEC. 418. Derel ic ts and Goods from Abandoned Wrecks . – 8

Derelicts and all goods recovered from sea or from abandoned wrecks shall be9

under the jurisdiction of the port where the goods arrive, and shall be retained in10

the custody of the Bureau. If not claimed by the owner, underwriter or salvor, the11

same shall be deemed as property of the government.12

When such goods are brought into port by lighters or other craft, each13

vessel shall submit a manifest of their respective cargo.14

The customs officer nearest the scene of the wreck shall take charge of15

the goods saved and shall give immediate notice to the District Officer or the16

nearest customs office.17

In order to prevent any attempt to commit fraud, the District Officer shall18

be represented at the salvage of the cargo by customs officers who shall19

examine and receive the inventory made on the cargo.20

Derelicts and goods salvaged from foreign vessels or aircrafts recovered21

from sea or wreck are prima facie dutiable and may be entered for consumption22

or warehousing. If claimed to be of Philippine production, and consequently23

conditionally duty-free, proof must be submitted as in ordinary cases of re-24

importation of goods. Foreign goods landed from a vessel or aircraft in distress25

is dutiable if sold or disposed of in the Philippines.26

Before any goods taken from a recent wreck are admitted to the customs27

territory, the same shall be appraised, and the owner or importer shall have the28

same right to appeal as in ordinary importation.29


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No part of a Philippine vessel or aircraft or its equipment, wrecked either1

in Philippine or foreign waters, shall be subject to duty.2

CHAPTER 23

EXAMINATION OF GOODS4

SEC. 419. Examinat ion of Goods . – Examination of goods, when5

required by the Bureau, shall be conducted immediately after the goods6

declaration has been lodged. Priority in the examination shall be given to live7

animals, perishable goods and other goods requiring immediate examination.8

Whenever necessary, a system of coordination and joint examination of9

goods shall be established by the Bureau and other regulatory agencies under10

existing laws and regulations.11

As a general rule, the Bureau may examine the goods in the presence of12

the declarant or an authorized representative. Examination of the goods in the13

absence of the declarant or authorized representative may be allowed in14

exceptional circumstance and for valid and justifiable grounds. The Bureau may15

require the declarant to be present or to be represented at the examination of the16

goods or to render any assistance necessary to facilitate the examination.17

The Bureau shall take samples of the goods only when needed to18

establish the tariff description and value of goods declared, or to ensure19

compliance with this Act. Samples drawn shall be as minimal as possible.20

SEC. 420. Condi t ions for Examinat ion . – Pursuant to internationally21

accepted standards, the Bureau may adopt non-intrusive examination of goods,22

such as the use of x-ray machines.23

Physical examination of the goods shall be conducted when:24

(a) it is directed by the Commissioner on account of a derogatory25

information;26

(b) the goods are subject to an Alert Order issued by competent authority;27

(c) the goods are electronically selected for physical examination;28


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(d) there are issues and controversies surrounding the goods declaration1

and the import clearance process; or2

(e) the importer or declarant requests for the examination of the goods.3

The Commissioner may exempt from physical examination the goods of4

authorized economic operators or of those provided for under any existing trade5

facilitation program of the Bureau.6

Physical examination, when required, shall be conducted in an7

expeditious manner.8

SEC. 421. Duties of Customs Off icer Tasked to Examine the9

Imported Goods . – In the examination, classification, and valuation of the10

goods, the customs officer shall:11

(a) determine whether the packages for examination and their contents12

are in accordance with the goods declaration, invoice and other pertinent13

documents;14

(b) take samples of the imported goods for examination or laboratory15

analysis when necessary;16

(c) issue a receipt for a sample taken and retained during examination;17

(d) report whether the goods have been correctly declared as to quantity,18

measurement, weight, tariff classification and not imported contrary to law.19

Failure on the part of the customs officer to perform the above duties shall20

be penalized according to Section 1431 of Title XIV of this Act.21

SEC. 422. Custom s Expenses Const i tut ing Charges on Goods . – 22

The cost of examination shall be for the account of the importer or exporter. All23

expenses incurred by the Bureau for the handling or storage of goods and other24

necessary operations shall be chargeable against the goods, and shall constitute25

a lien thereon.26


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CHAPTER 31

ASSESSMENT AND RELEASE2

SEC. 423. Determinat ion of the De Minimis Value . – No duties and3

taxes shall be collected on goods with an FOB or FCA value of Ten Thousand4

Pesos (P10,000.00) or below. The Secretary of Finance, upon recommendation5

of the Commissioner shall review and adjust the de minimis value as provided6

herein, every three (3) years after the effectivity of this Act. The value7

hereinstated shall be adjusted to its present value using the Consumer Price8

Index (CPI), as published by the Philippine Statistics Authority (PSA).9

SEC. 424. Duty of Customs Off icer Task to Assess Imported10

Goods . – For purposes of assessing duties and taxes on imported goods, the11

customs officer shall classify, value, and determine the duties and taxes to be12

paid. The customs officer shall prepare and submit an assessment report as13

established under this Act.14

SEC. 425. Tentat ive Assessment of Goods Subject to Dispute15

Settlement . – Assessment shall be deemed tentative if the duties and taxes16

initially assessed are disputed by the importer. The assessment shall be17

completed upon final readjustment based on the tariff ruling in case of18

classification dispute, or the final resolution of the protest case involving19

valuation, rules of origin, and other customs issues.20

The District Officer may allow the release of importation under tentative21

assessment upon the posting of sufficient security to cover the applicable duties22

and taxes equivalent to the amount that is disputed.23

SEC. 426. Tentat ive Assessment of Provis ion al Goods Declarat ion. – 24

Assessment of a provisional goods declaration shall be deemed tentative and25

such assessment shall be completed upon final readjustment upon submission26

by the declarant of the additional information or documentation required to27

complete the declaration within the period provided in Section 403. 28


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SEC. 427. Readjustment o f Ap praisal , Classi f icat ion o r Return. – 1

Such appraisal, classification return as finally passed upon and approved or2

modified by the district officer shall not be altered or modified in any manner,3

except: 4

(a) Within one year after payment of the duties, upon statement of error in5

conformity with Section 912 as approved by the District Officer;6

(b) Within fifteen (15) days after such payment upon request for7

reappraisal or reclassification addressed to the commissioner by the District8

Officer, if the appraisal or classification is deemed to be low;9

(c) Upon request for reappraisal and/or reclassification, in the form of a10

timely protest addressed to the district officer by the interested party if the latter11

should be dissatisfied with the appraisal or return;12

(d) Upon demand by the Commissioner after the completion of13

compliance audit in accordance with the provisions of this Act.14

SEC. 428. Assessment o f Duty on Less Than Entered Value . – Duty15

shall not be assessed in any case upon an amount less than the entered value,16

unless by direction of the commissioner in cases when the importer certifies at the17

time of entry that the entered value is higher than the dutiable value and that the18

goods are so entered in order to meet increases made by the appraiser in similar19

cases then pending re-appraisement; and the lower assessment shall be allowed20

only when the importer's contention is sustained by the final decision, and shall21

appear that such action of the importer was taken in good faith after due22

diligence and inquiry.23

SEC. 429. Final Assessm ent. – Assessment shall be deemed final fifteen24

(15) days after receipt of the notice of assessment by the importer or consignee. 25

SEC. 430. Per iod o f Limi tat ion . – In the absence of fraud and when26

the goods have been finally assessed and released, the assessment shall be27

conclusive upon all parties three (3) years from the date of final payment of28

duties, or upon completion of the post clearance audit.29


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SEC. 431. Release of Goods after Payment of Du ties and Taxes . – 1

Goods declared shall be released when duties and taxes and other lawful2

charges have been paid or secured and all the pertinent laws, rules and3

regulations have been complied with.4

When the Bureau requires laboratory analysis of samples, detailed5

technical documents or expert advice, it may release the goods before the6

results of such examination are known after posting of sufficient security by the7

declarant.8

SEC. 432. Release of Good s to the Holder of Bi l l of L ading or9

Airway Bi l l . – Any customs officer who releases goods to the consignee or10

lawful holder of the bill of lading or airway bill shall not be liable for any defect or11

irregularity in its negotiation unless the customs officer has notice of the defect or12

irregularity.13

SEC. 433. Release of Goods Withou t Product ion o f Bi l l of Lading14

or Airway Bi l l . – No customs officer shall release goods to any person without15

the submission of the bill of lading or airway bill covering the goods, except on16

written order of the carrier or agent of the vessel or aircraft, in which case neither17

the government nor the customs officer shall be held liable for any damage18

arising from wrongful release of the goods: Provided, That when the release of19

goods is made against such written order, the customs officer shall require the20

submission of a copy of the bill.21

SEC. 434. Release of Goods Upon Order of Importer . – An22

importer may issue a written authorization for the release of goods stored in a23

bonded warehouse to another person. Such authorization shall not relieve the24

importer from liability for the duties, taxes and other charges due on the goods25

unless the person to whom the release was authorized assumes such liability.26

SEC. 435. Withholding Release Pending Sat isfact ion o f Lien . – 27

When the District Officer is duly notified through a lawful order of a competent28

court of a lien for freight, lighterage or general average upon any imported29


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goods, the District Officer shall withhold the release of the goods unless the1

claim has been paid or secured. In case of disagreement, the district officer may2

release the goods after payment of the freight and lighterage due on the quantity3

or weight landed as actually determined.4

SEC. 436. Fine or Surcharge on Good s . – Goods subject to any fine5

or surcharge shall be released only after the payment of the fine or surcharge.6

CHAPTER 47

SPECIAL PROCEDURES8

SEC. 437. Traveler An d Passenger Bagg age . – The Bureau shall9

provide simplified customs procedure for traveler and baggage processing based10

on international agreements and customs best practices.11

Travelers shall be permitted to export goods for commercial purposes,12

subject to compliance with the necessary export formalities and payment of13

export duties, taxes, and charges, if any.14

SEC. 438. Postal Item Or Mail . – Postal item or mail shall include15

letter-post and parcels, as described in international practices and agreements,16

such as the Acts of the Universal Postal Union (AUPU), currently in force.17

A simplified procedure shall be used in the clearance of postal item or18

mail, including the collection of the applicable duties and taxes on such items or19

goods.20

When all the information required by the customs are available in the21

special declaration form for postal items as provided in the AUPU or similar22

international agreements, the special declaration form and supporting documents23

shall be the goods declaration. However, a separate goods declaration shall be24

required for the following:25

(a) Goods whose value fall within the level that the Commissioner has26

determined to be taxable and thus must be covered by a goods declaration;27

(b) Prohibited and regulated goods;28

(c) Goods the exportation of which must be certified; and29


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(d) Imported goods under a customs procedure other than for1

consumption.2

SEC. 439. Express Shipm ent . – The Bureau shall provide simplified3

customs procedures based on international standards and customs best4

practices for air shipments considered as time-sensitive and requiring pre-arrival5

clearance. Express shipments of accredited air express cargo operators may be6

released prior to the payment of the duty, tax, and other charges upon posting of7

a sufficient security.8

TITLE V9

EXPORT CLEARANCE AND FORMALITIES10

CHAPTER 111

EXPORT CLEARANCE AND DECLARATION12

SEC. 500. Export Goo ds Declarat ion . – All goods exported from the13

Philippines, whether subject to export duty or not, shall be declared through a14

competent customs office through an export goods declaration, duly signed15

electronically or otherwise by the party making the declaration.16

The description of the goods in the export declaration must contain17

sufficient and specific information for statistical purposes and as well as for the18

proper valuation and classification of the goods.19

SEC. 501. Export Produc t to Conform to Standard Grades . – If20

applicable, products shall conform to export standard grades established by the21

government. The packaging of the said goods shall likewise be labeled and22

marked in accordance with related laws and regulations. Export permits may not23

be granted for goods violating the aforementioned requirements.24

SEC. 502. Lod gement and Processing of Export Declarat ion. The25

Bureau of Customs shall promulgate rules and regulations to allow manual and26

electronic lodgement and processing of the export declaration.27

SEC. 503. Rules of Origin . - Pursuant to the applicable rules of origin,28

the Bureau or any other designated government agency may determine the29


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origin of goods for export and, if appropriate, issue the corresponding certificates1

of origin. However, the exporter may adopt a self-certification system, provided2

that it is duly accredited by the Bureau or any other authorized government3

agencies.4

TITLE VI5

CUSTOMS TRANSIT AND TRANSSHIPMENT6

CHAPTER 17

CUSTOMS TRANSIT8

SEC. 600. Custom s Transi t in the Customs Terr i tory . – Customs9

transit within the customs territory shall be allowed for goods except those10

intended for consumption, to be transported as follows:11

(a) from port of entry to another port of entry as exit point for outright12

exportation;13

(b) from port of entry to another port of entry or inland customs office;14

(c) from inland customs office to a port of entry as exit point for outright15

exportation; and16

(d) from one port of entry or inland customs office to another port of entry17

or inland customs office.18

A transit permit is required for goods transported under customs transit.19

However, transfer of goods in customs transit from one means of transport to20

another shall be allowed: Provided, That any customs seal or fastening is not21

broken or tampered.22

The party responsible for the compliance of the obligations imposed on23

customs transit shall ensure that the goods are presented intact and in due24

course at the customs office of destination. Failure to comply with the25

aforementioned obligations or likewise failure to follow a prescribed itinerary or26

period for delivery of the goods may immediately subject the goods to the27

corresponding duties, taxes, and other applicable, fines, penalties, and28

surcharges.29


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SEC. 601. Duty and Tax on Good s Intended for Transi t . – Transit1

goods admitted for storage in a customs bonded warehouse, or for outright2

exportation at the port of destination or inland customs office, shall not be subject3

to the payment of duties and taxes at the port of discharge: Provided, That any4

conditions and security required by the Bureau are complied with.5

Goods for consumption and intended for customs transit shall be subject6

to payment of duties and taxes at the port of arrival. 7

SEC. 602. Carrier’s Security . – Carriers that transport imported goods8

that shall be placed under customs transit from a port of arrival to other ports,9

shall post a general transportation security, amounting to at least Fifty thousand10

pesos (P50,000.00). Such security shall ensure the complete and immediate11

delivery of goods to the customs officer at the port of destination and the12

payment of pertinent customs charges and expenses and other transfer costs.13

The amount of the security may be adjusted by the Commissioner, upon14

approval of the Secretary of Finance.15

CHAPTER 216

CUSTOMS TRANSSHIPMENT 17

SEC. 603. Entry for Transi t to Anoth er Port . – Articles entered for18

transit to other ports of the Philippines may be transported under sufficient19

security, upon proper examination as may be necessary and consigned to the20

collector at the port of destination, who will allow entry to be made at his port21

Articles received at any port from another port of the Philippines on a22

transit permit may be enter

Documents

CMTA Senate Substitute Bill as of Sept 28, 2015