Tuesday, February 17, 2009
Customs Memorandum Order No: 05-2009
CMO 05-2009
ABOLITION OF THE INTERIM SCANNING UNIT AND TRANSFER OF ITS FUNCTIONS TO THE X-RAY INSPECTION PROJECT
04 February 2009
CUSTOMS MEMORANDUM ORDER
NO. 5 - 2009
TO:
All Deputy CommissionersService DirectorsAll Collectors, Division Chiefs,Section Chiefs andAll others concerned
SUBJECT:
Abolition of the Interim Scanning Unit and Transfer of Its Functions to the X-ray Inspection Project
In the interest of the service, the Interim Scanning Unit, Office of the Commissioner is hereby abolished and its functions are hereby transferred to the X-ray Inspection Project (XIP), Office of the Commissioner. Henceforth, all x-ray operations and other scanning matters of the Bureau will now be placed under the supervision and control of the XIP-OCOM.
Accordingly, Customs Memorandum Order No. 6-97 dated 13 February 1997, "Creation of an Interim Scanning Unit" signed by then Commissioner Guillermo L. Parayno. Jr. is hereby revoked.
Pending issuance of a new operational guidelines' at the NAJA Customshouse, Clark International Airport and Mactan International Airport and in order not to disrupt the scanning operations of said Ports, the procedure under Customs Memorandum Order No. 21-98 dated 15 July 1998, "Guidelines on the Operation of the Interim Scanning Units" signed by then Commissioner Pedro C. Mendoza shall continue to be enforced.
This CMO shall take effect immediately and shall last until revoked.
Please be guided accordingly.
NAPOLEON L. MORALES
Commissioner
Customs Memorandum Order No: 04-2009
CMO 04-2009
EXECUTIVE ORDER NO. 691, TEMPORARILY MODIFYING THE RATES OF IMPORT DUTY ON CRUDE PETROLEUM OILS AND REFINED PETROLEUM PRODUCTS UNDER SECTION 104 OF THE TCCP OF 1978 (P.D. NO. 1464), AS AMENDED
27 January 2009
CUSTOMS MEMORANDUM ORDER
NO. 4 - 2009
SUBJECT:
Executive Order No. 691, Temporarily Modifying the Rates of Import Duty On Crude Petroleum Oils and Refined Petroleum Products Under Section 104 of The TCCP of 1978 (P.D. No. 1464), as amended
Executive Order No. 691, which became effective on 14 January 2008 per CMC No. 22-2008 dated January 28, 2008, provides in Section 3 thereof that "The MFN rates on crude and refined petroleum products shall be reduced based on certain triggers indexed to oil prices in the world market".
In its Certification dated January 22, 2009 (copy attached) the Department of Energy certified that:
"The Department of Energy (DOE) duly certifies that the trigger price levels in the implementation of Executive Order No. 691, Temporarily Modifying the Rates of Import Duty on Crude Petroleum Oil and Refined Petroleum Products Under Section 104 of the Tariff and Customs Code of 1978 (Presidential Decree No. 1464), as amended, have not been reached for the period January 1-15, 2009.
The average CIF price of Dubai crude and diesel, in the international market were US$47.477 per barrel and $64.928 per barrel, respectively, during the period January 1-15, 2009. As such, pursuant to Section 4 of Executive Order No. 691, all import entries corresponding to articles listed in Annex "An thereof, filed and received by the Bureau of Customs (BOC), shall be levied 3% rate of duty, effective February 1, 2009,
This Certification is issued on January 22.2009.
(SGD) ANGELO T. REYES
Secretary"
For your information and implementation.
NAPOLEON L. MORALES
Commissioner
Customs Memorandum Order No: 03-2009
CMO 03-2009
EXECUTIVE ORDER NO. 691, TEMPORARILY MODIFYING THE RATES OF IMPORT DUTY ON CRUDE PETROLEUM OILS AND REFINED PETROLEUM PRODUCTS UNDER SECTION 104 OF THE TCCP OF 1978 (P.O. NO. 1464), AS AMENDED
22 January 2009
CUSTOMS MEMORANDUM ORDER
NO. 3 - 2009
SUBJECT:
Executive Order No. 691, Temporarily Modifying the Rates of Import Duty On Crude Petroleum Oils and Refined Petroleum Products Under Section 104 of The TCCP of 1978 (P.O. No. 1464), as amended
Executive Order No. 691, which became effective on 14 January 2008 per CMC No. 22-2008 dated January 28, 2008, provides in Section 3 thereof that ..The MFN rates on crude and refined petroleum products shall be reduced based on certain triggers indexed to oil prices in the world marker'.
In its Certification dated December 16, 2008 (copy attached) the IDepartment of Energy certified that:
"The Department of Energy (DOE) duly certifies that the trigger price levels in the implementation of Executive Order No. 691, Temporarily Modifying the rates of Import Duty on Crude Petroleum Oil and Refined Petroleum Products Under Section 104 of the Tariff and Customs Code of 1978 (Presidential Decree No. 1464J, as amended, have not been reached for the period December 1-15, 2008.
The average CIF price of Dubai crude and diesel, in the intemational market were US$43.73 per barrel and $65.34 per barrel, respectively I during the period December 1-15, 2008. As such, pursuant to Section 4 of Executive Order No. 691, all import entries corresponding to articles listed in Annex "An thereof, filed and received by the Bureau of Customs (BOC), shall be levied 3% rate of duty, effective January 1, 2009.
This certification is issued on December 16, 2008.
(SGD) ANGELO T. REYES
Secretary"
For your information and implementation.
NAPOLEON L. MORALES
Commissioner
Customs Memorandum Order No: 02-2009
CMO 02-2009
ADDITIONAL GUIDELINES FOR THE ACCREDITATION OF INFORMATION VALIDATION SERVICE PROVIDER (IVSP)
Republic of the Philippines
Department of Finance
BUREAU OF CUSTOMS
Manila 1099
January 9, 2009
CUSTOMS MEMORANDUM ORDER
NO. 02- 2009
TO:
All Bureau Officials and Employees
SUBJECT:
Amendment to Section VI. par. (4) of CMO 32-2007
Section VI, par. 4 of CMO 32-2007 dated September 29, 2007 is hereby
amended to read, as follows:
"Section VI. Authority for Issuance of Reassignment/Designation Order:
4.
Reassignment and/or Designation Orders of ESS and CIIS personnel involving movement within ESS and CIIS units in the different Ports/Subports below the District Commander level, shall be approved by the Deputy Commissioner, Internal Administration Group (lAG) upon recommendation of the Deputy Commissioner for Intelligence and Enforcement Group (lEG). The appropriate Customs Personnel Order shall be prepared and numbered by HRMD. "
Effective immediately.
SGD: NAPOLEON L. MORALES
Commissioner
Customs Memorandum Order No: 01-2009
CMO 01-2009
AMENDMENT TO SECTION VI. PAR. (4) OF CMO 32-2007
Republic of the Philippines
Department of Finance
BUREAU OF CUSTOMS
Manila 1099
22 December 2008
CUSTOMS MEMORANDUM ORDER
NO. 01- 2009
SUBJECT:
ADDITIONAL GUIDELINES FOR THEACCREDITATION OF INFORMATION VALIDATIONSERVICE PROVIDER (IVSP)
SECTION 1. OBJECTIVES
1.1
To effectively implement CAO No. 07-2008 entitled, "Accreditation of Information Validation Service Provider (IVSP) for Integration into BOC's Client Profile Registration System";
1.2
To ensure that the interests of the government are amply protected by providing procedures and guidelines for validation of client profile information;
1.3
To enhance the accreditation procedures for BOC stakeholders.
SECTION 2. SCOPE OF SERVICESThe scope of services to be outsourced to the accredited IVSP shall include the following:
2.1
Design and implement an Information Validation System (IVS) which includes the development of an Information Validation Report (IVR);
2.2
Develop and implement proce1ures for the validation of client profile information;
2.3
Develop a Client Risk Assessment System (CRAS);
2.4.
Develop a database to be used by BOC in periodic risk assessments on subject importers/clients/stakeholders;
2.5.
Integrate the services and the systems developed as stipulated in paragraphs 2.1, 2.2, 2.3, and 2.4 with the computerized e2m Customs System as specified by the MISTG;
2.6.
Perform such other services required by the BOC as defined in the Terms of Reference to be prepared by the IVSP Accreditation Committee (lAC) subject to the approval of the Commissioner.
SECTION 3. ADMINISTRATIVE PROVISIONSCommittee (lAC) is hereby created which shall be composed of:
3.1
IVSP Accreditation Committee (lAC). The IVSP Accreditation
1
Deputy Commissioner, AOCG -Chairman
2.
Deputy Commissioner, MISTG-Vice Chair
3.
Deputy Commissioner, RCMG-Co-Vice Chair
4.
Director, Administration Office -Member
5.
Director, CIIS -Member -Member
6.
Director, Legal Service -Member
7.
Director, PSDS -Member
8.
Director, ESS -Member
9.
Executive Director, CAS -Member
3.2
Functions of lAC.The lAC shall have the following functions:
3.2.1.
Facilitate and fast-track the accreditation process to optimize, the impact of the outsourcing activity;
3.2.2.
Recommend relevant policies, responsibilities and liabilities of IVSP, rules and processes related to all issues surrounding the accreditation of IVSP;
3.2.3.
Recommend evaluation criteria and business model for accreditation of IVSP for approval of the Commissioner of Customs;
3.2.4.
Meet regularly or as often as may be necessary to carry out its functions;
3.2.5.
Perform such other functions as may be assigned to it by the Commissioner.
3.3
IAC Quality Assurance Team. lAC Quality Assurance Team (QAT) is hereby created and shall be composed of the technical experts from MISTG to check and test the necessary infrastructure, computer system/facilities for the accreditation of IVSP.
3.2.1.
Facilitate and fast-track the accreditation process to optimize, the impact of the outsourcing activity;
3.4
lAC Secretariat. The lAC shall be assisted and supported by the lAC Secretariat and members thereof to be named in the Customs Personnel/Special Order for the purpose to perform the following functions:
3.4.1.
Provide administrative and secretarial support to the lAC;
3.4.2.
Receive and check the completeness of applications;
3.4.3.
Establish a system for the effective monitoring and reporting of applications or matters received and taken cognizance of by the lAC pursuant to this Order;
3.4.4.
Organize and make necessary arrangements for the lAC meetings;
3.4.5.
Prepare minutes of the lAC meeting, decisions/resolutions, and internal and external communications, including the sending of notices when required;
3.4.6.
Keep and secure all pertinent documents handled by lAC;
3.4.7.
Perform such other functions as may be assigned to it by the lAC.
SECTION 4. ACCREDITATION CRITERIA
4.1
lAC shall formulate accreditation criteria for evaluation of applications pursuant to this Order to be approved by the Commissioner;
4.2
The duly approved accreditation criteria shall be published by the lAC together with the invitation for accreditation of IVSP.
SECTION 5. ACCREDITATION PROCESS
5.1
Pre-Qualification Process
5.1.1
Through the lAC, BOC shall publish in two (2) newspapers of general circulation an invitation for accreditation from IVSP companies. The invitation includes the eligibility requirements and the Terms of Reference that shall be determined by the lAC and approved by the Commissioner.
5.1.2
After the issuance of the invitation to apply for accreditation of IVSP but before the date for accepting the application for accreditation to be specified in the said invitation, the lAC shall conduct a pre-qualification conference to clarify and/or explain any of the requirements, terms and conditions for the accreditation of an IVSP.
5.1.3
A company who meets the eligibility requirements of this Order wishing to apply for accreditation shall accomplish the Application Form which is hereto attached as ANNEX "A". The complete application together with all the documentary requirements including the BOC Official Receipt representing non-refundable payment of processing fee in the amount of Fifty Thousand Pesos (P5O,OOO.OO) shall be submitted to the lAC Secretariat on such date specified in the abovementioned invitation.
5.1.4
lAC Secretariat shall check the completeness of the application and the full payment of the processing fee.
5.1.5
Upon instruction from the lAC, the QAT together with the lAC Secretariat shall conduct site visits and inspection of the actual operation of the applicant for the purpose of pre-qualification. The QAT and lAC Secretariat shall submit its findings/recommendations to lAC.
5.1.6
Upon the direction of the Chairman of the IAC, the Secretariat shall calendar the meeting and issue the necessary notices to all members and interested parties.
5.1.7
The lAC shall pre-qualify not more than three (3) service providers from those who have submitted their applications and have been determined as eligible. Only the top three (3) among those determined as eligible shall be considered. The Committee shall issue a Decision in writing approving or denying the application
5.1.8
The IAC shall notify the applicants whose applications have been denied attaching the corresponding Decision with the information that subject Decision is final and non-appealable.
5.1.9
Similarly, the IAC shall inform the pre-qualified IVSP/s in writing of the initial approval of its application and its qualification to proceed to the next stage of the process.
5.2.
Qualification Process
5.2.1.
The IAC shall schedule the conduct of a conference among the pre-qualified IVSPs to discuss/clarify, among other things, the technical and financial requirements of the accreditation of an IVSP and the Terms of Reference to be issued to them.
5.2.2.
Pre-qualified IVSPs shall submit their technical and financial proposals through the Secretariat within the prescribed period identified during the abovementioned conference. ..'
5.2.3.
Through the IAC, BOC shall release to pre-qualified IVSPs the Terms of Reference (TOR) and the Non Disclosure Understanding which will be signed by their authorized officials.
5.2.4.
Upon instruction from the lAC, the QAT together with the lAC Secretariat shall conduct site visits and inspection of the actual operation of the pre-qualified IVSPs for the final phase of the accreditation process. Likewise, the QAT shall conduct a testing and determination of the system requirements of the pre-qualified IVSPs which include, among others, checks for user-friendliness of the system. The QAT and IAC Secretariat shall submit its findings/recommendations to lAC.
5.2.5.
The IAC shall evaluate applications using the Quality-Cost Based Evaluation/Selection (QCBE/S) to be adopted by the IAC and approved by the Commissioner. The IAC shall issue a Decision in writing approving or denying the application for accreditation, stating the reason and area of non-compliance in case of denial.
5.2.6.
BOC through the IAC shall select and accredit not more than three (3) IVSPs.
5.2.7.
The lAC shall notify the pre-qualified NSP/s whose applications have been denied attaching the corresponding Decision with the information that subject Decision is final and non-appealable.
5.2.8.
In case of approval and upon payment of an initial accreditation fee in the amount of Php5O,OOO.OO (for the probationary accreditation), a Certificate of Accreditation shall be issued by the lAC to the NSP/s indicating therein the Official Receipt Number and the probationary status for six (6) month of such accreditation.
5.2.9.
After issuance of the Certificate of Accreditation, the lAC shall make an official announcement and/or publish the accredited NSP/s for the information of the stakeholders.
5.2.10.
The accredited NSP shall undergo the aforesaid six (6)-month probationary period (technical evaluation) after which the BOC through the lAC shall decide whether or not it will grant full accreditation status to the NSP.
5.2.11.
Upon granting of full accreditation status and payment of the remaining accreditation fee, the applicant shall be issued an accreditation Certificate, indicating therein the Official Receipt Number and the period of validity of such accreditation.
SECTION 6. CONDITIONS FOR ACCREDITATION
6.1
SLU and NDU. The selected NSP shall sign a Service Level Undertaking (SLU) and a Non-Disclosure Undertaking (NDU) to be prepared by the lAC subject to approval by the Commissioner.
6.2
Performance bonds. The accredited NSP shall post a Performance Bond, issued by a BOC-accredited surety company, amounting to Ten Million Pesos (PhP 10M) and maintain the same during the subsistence and validity of the accreditation, which shall be forfeited in favor of BOC in the event it is established that the accredited NSP is in defatllt of any of its obligations.
6.3
Technical Acceptance Tests. The accredited NSP must successfully pass the technical acceptance tests (including systems integration, data security and integrity, communications, and performance) that will be conducted by the Management Information Systems and Technology Group of the BOC for the initial, the post probationary and the yearly technical evaluation and validation, to qualify for continuous accreditation.
6.4
Further Accreditation Process. BOC may carry out further accreditation processes after three (3) years of operation of the initially accredited NSP.
6.5
Reservation to Change Accreditation Criteria. BOC reserves the right to change any of the accreditation criteria as may be deemed necessary by the Commissioner.
SECTION 7. PERIOD AND RENEWAL OF ACCREDITATION
7.1
The selected IVSP shall be given accreditation status for a period of three (3) consecutive years, inclusive of the probationary period, and will be renewable yearly thereafter.
7.2
An accredited IVSP desiring to continue his services with the BOC is enjoined to file his accreditation renewal application with lAC at least thirty (30) days before the expiration of its three-year accreditation or one-year accreditation, as the case may be, subject to the evaluation of the quality of their performance as measured by the Service Level Undertaking (SLU), and compliance to Eligibility requirements.
7.3
No application for renewal of accreditation shall be accepted if the certificate of accreditation has been suspended or revoked during the time of its subsistence, unless subsequently lifted by the lAC.
7.4
An application for renewal filed beyond the prescribed period for application for renewal shall be considered a new application for the purpose only of charging the appropriate processing fee mentioned in Section 4.1 of this Order.
SECTION 8. SCHEDULE OF FEES
8.1
Accreditation and Renewal Fees Payable to BOC by the Accredited IVSP. A one time accreditation fee of PhP 300,000.00 (PhP 50,000.00 for probationary accreditation and balance of PhP 250,000.00 upon approval of full accreditation status) good for three (3) years and a yearly renewal fee of PhP 100,000.00 thereafter, shall be imposed.s
8.2
Fees Payable to IVSP by the transacting public. The IVSP will determine its respective fee structures based on several factors such as market conditions and systems sustainability requirements, among others, which shall be submitted in the financial proposal. The schedule of fees as proposed shall be one of the bases for accreditation and shall not be increased without the prior approval by the BOC and the Department of Finance. The BOC shall not collect those fees in behalf of the IVSP.
SECTION 9. PRE- TERMINATlON OF AGREEMENT OR CANCELLATION OF ACCREDITATION
9.1
BOC through the lAC may pre-terminate its Agreement with the accredited IVSP or cancel IVSP's accreditation for any of the following:
9.1.1
Violation of the provisions of this Order and related rules and regulations, including SLU and NDU.
9.1.2
Violation of the Tariff and Customs Code of the' Philippines, e-Commerce Act and other related laws.
9.1.3
Actions inimical to the security and integrity of the BOC e-Customs operations.
9.1.4
Other violations as may be determined by the Commissioner of 80C.
SECTION 10. REPEALING CLAUSEAll orders, memoranda, circulars and such other issuances inconsistent herewith are hereby repealed and/or deemed modified accordingly.
SECTION 11. SEPARABILITY CLAUSEIf any part or provision of this Order is later on declared invalid or illegal, the remaining portion shall remain valid and unaffected.
Section 12. EFFECTIVITY CLAUSEThis Order shall take effect immediately.
SGD. NAPOLEON L. MORALES
Commissioner
AMENDMENT TO SECTION VI. PAR. (4) OF CMO 32-2007
Republic of the Philippines
Department of Finance
BUREAU OF CUSTOMS
Manila 1099
22 December 2008
CUSTOMS MEMORANDUM ORDER
NO. 01- 2009
SUBJECT:
ADDITIONAL GUIDELINES FOR THEACCREDITATION OF INFORMATION VALIDATIONSERVICE PROVIDER (IVSP)
SECTION 1. OBJECTIVES
1.1
To effectively implement CAO No. 07-2008 entitled, "Accreditation of Information Validation Service Provider (IVSP) for Integration into BOC's Client Profile Registration System";
1.2
To ensure that the interests of the government are amply protected by providing procedures and guidelines for validation of client profile information;
1.3
To enhance the accreditation procedures for BOC stakeholders.
SECTION 2. SCOPE OF SERVICESThe scope of services to be outsourced to the accredited IVSP shall include the following:
2.1
Design and implement an Information Validation System (IVS) which includes the development of an Information Validation Report (IVR);
2.2
Develop and implement proce1ures for the validation of client profile information;
2.3
Develop a Client Risk Assessment System (CRAS);
2.4.
Develop a database to be used by BOC in periodic risk assessments on subject importers/clients/stakeholders;
2.5.
Integrate the services and the systems developed as stipulated in paragraphs 2.1, 2.2, 2.3, and 2.4 with the computerized e2m Customs System as specified by the MISTG;
2.6.
Perform such other services required by the BOC as defined in the Terms of Reference to be prepared by the IVSP Accreditation Committee (lAC) subject to the approval of the Commissioner.
SECTION 3. ADMINISTRATIVE PROVISIONSCommittee (lAC) is hereby created which shall be composed of:
3.1
IVSP Accreditation Committee (lAC). The IVSP Accreditation
1
Deputy Commissioner, AOCG -Chairman
2.
Deputy Commissioner, MISTG-Vice Chair
3.
Deputy Commissioner, RCMG-Co-Vice Chair
4.
Director, Administration Office -Member
5.
Director, CIIS -Member -Member
6.
Director, Legal Service -Member
7.
Director, PSDS -Member
8.
Director, ESS -Member
9.
Executive Director, CAS -Member
3.2
Functions of lAC.The lAC shall have the following functions:
3.2.1.
Facilitate and fast-track the accreditation process to optimize, the impact of the outsourcing activity;
3.2.2.
Recommend relevant policies, responsibilities and liabilities of IVSP, rules and processes related to all issues surrounding the accreditation of IVSP;
3.2.3.
Recommend evaluation criteria and business model for accreditation of IVSP for approval of the Commissioner of Customs;
3.2.4.
Meet regularly or as often as may be necessary to carry out its functions;
3.2.5.
Perform such other functions as may be assigned to it by the Commissioner.
3.3
IAC Quality Assurance Team. lAC Quality Assurance Team (QAT) is hereby created and shall be composed of the technical experts from MISTG to check and test the necessary infrastructure, computer system/facilities for the accreditation of IVSP.
3.2.1.
Facilitate and fast-track the accreditation process to optimize, the impact of the outsourcing activity;
3.4
lAC Secretariat. The lAC shall be assisted and supported by the lAC Secretariat and members thereof to be named in the Customs Personnel/Special Order for the purpose to perform the following functions:
3.4.1.
Provide administrative and secretarial support to the lAC;
3.4.2.
Receive and check the completeness of applications;
3.4.3.
Establish a system for the effective monitoring and reporting of applications or matters received and taken cognizance of by the lAC pursuant to this Order;
3.4.4.
Organize and make necessary arrangements for the lAC meetings;
3.4.5.
Prepare minutes of the lAC meeting, decisions/resolutions, and internal and external communications, including the sending of notices when required;
3.4.6.
Keep and secure all pertinent documents handled by lAC;
3.4.7.
Perform such other functions as may be assigned to it by the lAC.
SECTION 4. ACCREDITATION CRITERIA
4.1
lAC shall formulate accreditation criteria for evaluation of applications pursuant to this Order to be approved by the Commissioner;
4.2
The duly approved accreditation criteria shall be published by the lAC together with the invitation for accreditation of IVSP.
SECTION 5. ACCREDITATION PROCESS
5.1
Pre-Qualification Process
5.1.1
Through the lAC, BOC shall publish in two (2) newspapers of general circulation an invitation for accreditation from IVSP companies. The invitation includes the eligibility requirements and the Terms of Reference that shall be determined by the lAC and approved by the Commissioner.
5.1.2
After the issuance of the invitation to apply for accreditation of IVSP but before the date for accepting the application for accreditation to be specified in the said invitation, the lAC shall conduct a pre-qualification conference to clarify and/or explain any of the requirements, terms and conditions for the accreditation of an IVSP.
5.1.3
A company who meets the eligibility requirements of this Order wishing to apply for accreditation shall accomplish the Application Form which is hereto attached as ANNEX "A". The complete application together with all the documentary requirements including the BOC Official Receipt representing non-refundable payment of processing fee in the amount of Fifty Thousand Pesos (P5O,OOO.OO) shall be submitted to the lAC Secretariat on such date specified in the abovementioned invitation.
5.1.4
lAC Secretariat shall check the completeness of the application and the full payment of the processing fee.
5.1.5
Upon instruction from the lAC, the QAT together with the lAC Secretariat shall conduct site visits and inspection of the actual operation of the applicant for the purpose of pre-qualification. The QAT and lAC Secretariat shall submit its findings/recommendations to lAC.
5.1.6
Upon the direction of the Chairman of the IAC, the Secretariat shall calendar the meeting and issue the necessary notices to all members and interested parties.
5.1.7
The lAC shall pre-qualify not more than three (3) service providers from those who have submitted their applications and have been determined as eligible. Only the top three (3) among those determined as eligible shall be considered. The Committee shall issue a Decision in writing approving or denying the application
5.1.8
The IAC shall notify the applicants whose applications have been denied attaching the corresponding Decision with the information that subject Decision is final and non-appealable.
5.1.9
Similarly, the IAC shall inform the pre-qualified IVSP/s in writing of the initial approval of its application and its qualification to proceed to the next stage of the process.
5.2.
Qualification Process
5.2.1.
The IAC shall schedule the conduct of a conference among the pre-qualified IVSPs to discuss/clarify, among other things, the technical and financial requirements of the accreditation of an IVSP and the Terms of Reference to be issued to them.
5.2.2.
Pre-qualified IVSPs shall submit their technical and financial proposals through the Secretariat within the prescribed period identified during the abovementioned conference. ..'
5.2.3.
Through the IAC, BOC shall release to pre-qualified IVSPs the Terms of Reference (TOR) and the Non Disclosure Understanding which will be signed by their authorized officials.
5.2.4.
Upon instruction from the lAC, the QAT together with the lAC Secretariat shall conduct site visits and inspection of the actual operation of the pre-qualified IVSPs for the final phase of the accreditation process. Likewise, the QAT shall conduct a testing and determination of the system requirements of the pre-qualified IVSPs which include, among others, checks for user-friendliness of the system. The QAT and IAC Secretariat shall submit its findings/recommendations to lAC.
5.2.5.
The IAC shall evaluate applications using the Quality-Cost Based Evaluation/Selection (QCBE/S) to be adopted by the IAC and approved by the Commissioner. The IAC shall issue a Decision in writing approving or denying the application for accreditation, stating the reason and area of non-compliance in case of denial.
5.2.6.
BOC through the IAC shall select and accredit not more than three (3) IVSPs.
5.2.7.
The lAC shall notify the pre-qualified NSP/s whose applications have been denied attaching the corresponding Decision with the information that subject Decision is final and non-appealable.
5.2.8.
In case of approval and upon payment of an initial accreditation fee in the amount of Php5O,OOO.OO (for the probationary accreditation), a Certificate of Accreditation shall be issued by the lAC to the NSP/s indicating therein the Official Receipt Number and the probationary status for six (6) month of such accreditation.
5.2.9.
After issuance of the Certificate of Accreditation, the lAC shall make an official announcement and/or publish the accredited NSP/s for the information of the stakeholders.
5.2.10.
The accredited NSP shall undergo the aforesaid six (6)-month probationary period (technical evaluation) after which the BOC through the lAC shall decide whether or not it will grant full accreditation status to the NSP.
5.2.11.
Upon granting of full accreditation status and payment of the remaining accreditation fee, the applicant shall be issued an accreditation Certificate, indicating therein the Official Receipt Number and the period of validity of such accreditation.
SECTION 6. CONDITIONS FOR ACCREDITATION
6.1
SLU and NDU. The selected NSP shall sign a Service Level Undertaking (SLU) and a Non-Disclosure Undertaking (NDU) to be prepared by the lAC subject to approval by the Commissioner.
6.2
Performance bonds. The accredited NSP shall post a Performance Bond, issued by a BOC-accredited surety company, amounting to Ten Million Pesos (PhP 10M) and maintain the same during the subsistence and validity of the accreditation, which shall be forfeited in favor of BOC in the event it is established that the accredited NSP is in defatllt of any of its obligations.
6.3
Technical Acceptance Tests. The accredited NSP must successfully pass the technical acceptance tests (including systems integration, data security and integrity, communications, and performance) that will be conducted by the Management Information Systems and Technology Group of the BOC for the initial, the post probationary and the yearly technical evaluation and validation, to qualify for continuous accreditation.
6.4
Further Accreditation Process. BOC may carry out further accreditation processes after three (3) years of operation of the initially accredited NSP.
6.5
Reservation to Change Accreditation Criteria. BOC reserves the right to change any of the accreditation criteria as may be deemed necessary by the Commissioner.
SECTION 7. PERIOD AND RENEWAL OF ACCREDITATION
7.1
The selected IVSP shall be given accreditation status for a period of three (3) consecutive years, inclusive of the probationary period, and will be renewable yearly thereafter.
7.2
An accredited IVSP desiring to continue his services with the BOC is enjoined to file his accreditation renewal application with lAC at least thirty (30) days before the expiration of its three-year accreditation or one-year accreditation, as the case may be, subject to the evaluation of the quality of their performance as measured by the Service Level Undertaking (SLU), and compliance to Eligibility requirements.
7.3
No application for renewal of accreditation shall be accepted if the certificate of accreditation has been suspended or revoked during the time of its subsistence, unless subsequently lifted by the lAC.
7.4
An application for renewal filed beyond the prescribed period for application for renewal shall be considered a new application for the purpose only of charging the appropriate processing fee mentioned in Section 4.1 of this Order.
SECTION 8. SCHEDULE OF FEES
8.1
Accreditation and Renewal Fees Payable to BOC by the Accredited IVSP. A one time accreditation fee of PhP 300,000.00 (PhP 50,000.00 for probationary accreditation and balance of PhP 250,000.00 upon approval of full accreditation status) good for three (3) years and a yearly renewal fee of PhP 100,000.00 thereafter, shall be imposed.s
8.2
Fees Payable to IVSP by the transacting public. The IVSP will determine its respective fee structures based on several factors such as market conditions and systems sustainability requirements, among others, which shall be submitted in the financial proposal. The schedule of fees as proposed shall be one of the bases for accreditation and shall not be increased without the prior approval by the BOC and the Department of Finance. The BOC shall not collect those fees in behalf of the IVSP.
SECTION 9. PRE- TERMINATlON OF AGREEMENT OR CANCELLATION OF ACCREDITATION
9.1
BOC through the lAC may pre-terminate its Agreement with the accredited IVSP or cancel IVSP's accreditation for any of the following:
9.1.1
Violation of the provisions of this Order and related rules and regulations, including SLU and NDU.
9.1.2
Violation of the Tariff and Customs Code of the' Philippines, e-Commerce Act and other related laws.
9.1.3
Actions inimical to the security and integrity of the BOC e-Customs operations.
9.1.4
Other violations as may be determined by the Commissioner of 80C.
SECTION 10. REPEALING CLAUSEAll orders, memoranda, circulars and such other issuances inconsistent herewith are hereby repealed and/or deemed modified accordingly.
SECTION 11. SEPARABILITY CLAUSEIf any part or provision of this Order is later on declared invalid or illegal, the remaining portion shall remain valid and unaffected.
Section 12. EFFECTIVITY CLAUSEThis Order shall take effect immediately.
SGD. NAPOLEON L. MORALES
Commissioner
Customs Memorandum Order No: 06-2009
CMO 06-2009
PROCEDURES FOR THE PAYMENT OF ADVANCE DUTY DEPOSIT AND THE FINAL PAYABLES IMPLEMENTING CAO 10-2008 AND BSP CIRCULAR 638 SERIES 2009
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FINANCE
BUREAU OF CUSTOMS
MANILA 1099
February 6 2009
CUSTOMS MEMORANDUM ORDER
NO. 6 - 2009
Subject:
Procedures for the Payment of Advance Duty Deposit and the Final Payables Implementing CAO 10-2008 and BSP Circular 638 Series 2009
1.0
Objectives
1.1
To properly implement CAO 10-2008 dated 12 November 2008 subject " Payment Application Secure System Version 5.0 (PASS 5)" and BSP Circular 638 Series 2009 subject "Circular Amending Circular No. 909-83 dated 6 January 1983"
1.2
To provide clear guidelines on how to accomplish and file an Import Entry Declaration(IED) for the payment of advance duty deposit required under PD 1853 dated 21 December 1982 and the SAD-IEIRD for the final payment of duties, taxes and other charges.
2.0
ScopeThis Order provides detailed instructions to declarants in paying the advance duty and final payment on importations cleared through the e2m Customs System
3.0
General Provisions
3.1
Upon implementation of Phase 3 of the e2m Customs System in a Customs District or any of its Sub-ports, the use of a paper Import Entry Declaration (IED) for paying the advance duty deposit to an Authorized Agent Bank (AAB) will be discontinued effective on the specific dates officially announced by the Commissioner of Customs.
3.2
In lieu of a paper IED, payment of advance duty to an AAB in observance of PD 1853 dated 21 December 1982 must be accomplished through an electronic IED which in the e2m Customs is a Single Administrative Document (SAD) with model of declaration 'IED'
3.3
Mandatory submission of paper entry for the payment of duties and taxes to the authorized agent banks (AABs) as the first step in Customs clearance covered by consumption and warehousing entries.
3.4
e2m Customs shall compute the final payment due on the importation based on the particulars contained in the SAD-IEIRD and submitted to the Customs via an accredited VASP. e2m Customs shall generate a final payment instruction (FPI) and transmit the same to the AAB nominated in the SAD-IEIRD via the BOC - Bankers Association of the Philippines (BAP)/ Philippine Clearing House Corporation (PCHC) Payment Gateway. The bank system shall cause the debit of the amount stated in the FPI from the nominated account, generate a Final Payment Confirmation (FPC) and electronically transmit this to the BOC.
4.0
Operational Provisions
4.1
The Box numbers mentioned in the succeeding paragraphs correspond to the Box numbers in the SAD, a printed sample of which is in Annex A.
4.2
Payment of Advance Duty Deposit
4.2.1
To accomplish a SAD-IED and pay the advance duty deposit, the declarant must log-in to an accredited VASP and accomplish a Customs Declaration on-line.
4.2.2
On box 1 of the SAD, type "IED" for model of declaration.
4.2.3
On box number 28 on Financial and Banking Data and opposite the label Bank Ref. No., type the AAB Reference Number assigned to the client for each registered bank account from where the advance deposit of customs duty will be charged.
4.2.4
After providing the rest of the data elements required in the SAD-IED (see Annex B for the instructions on filling up a SAD-IED), electronically submit it to the e2m Customs System which would require the declarant to affix his electronic signature issued pursuant to CMO 39-2008. The VASP will provide the procedure for affixing an electronic signature.
4.2.5
After validating the SAD-IED, e2m Customs sends an electronic payment instruction together with details of the SAD-IED to the bank through the BOC - BAP/PCHC Bank Payment Gateway.
4.2.6
Declarant prints the SAD-IED for his file and for presentation to the AAB for the opening of the Letter of Credit.
4.2.7
e2m Customs will send to the VASP the advance payment confirmation message received from the BOC-BAP/PCHC Payment Gateway.
4.2.8
A SAD-IED may be used to pay declarations lodged at any Customs port provided it will be used for the same shipment covered by the said SAD-IED.
4.3
Final Payments of Duties, Taxes and Fees
4.3.1
To accomplish a SAD-IEIRD and pay the final payables, the declarant must log-in to an accredited VASP and accomplish a SAD on-line.
4.3.2
On box number 28 of the SAD IEIRD on Financial and Banking Data and opposite the label "Bank Ref. No .", type the AAB Reference Number assigned to the client for the particular bank account from where the advance duty deposit has been paid and from where the final payment will be debited.
4.3.3
In the Terms of Payment Section of the SAD-IEIRD, encode the required particulars from the SAD-IED opened for the importation, more particularly the appropriate code which is "57" and the SAD-IED reference number. Other non-cash payment instruments (eg. Tax Debit Memos) to pay for the importation are likewise indicated in this section.
4.3.3.1
4.3.3.1A Tax Debit Memo (TDM) can be used only once. Utilization of unused balance should be applied with the issuing authority.
4.3.4
After providing the rest of the data elements required in the SAD-IEIRD (instructions on filling up the SAD-IEIRD shall be covered by a separate Order), electronically submit it to the e2m Customs System which would require the declarant to affix his electronic signature issued pursuant to CMO 39-2008. The VASP will provide the procedure for affixing an electronic signature.
4.3.5
If the SAD-IEIRD is selected yellow or red lane under the e2m Customs System, declarant must print the SAD-IEIRD and submit the same and all required supporting document to Customs. Only after the SAD-IEIRD is re-routed to the Green channel and assessed shall the Final Payment Instruction (FPI) be generated and sent to the BOC-BAP/PCHC Bank Payment Gateway.Until further orders, for SAD-IEIRD not Selected or popularly known as "GREEN" entry, printed SAD IEIRD with all required supporting documents must be submitted to BOC not later than Tuesday of the following week. The FPI shall be automatically generated and sent to the Payment Gateway.
4.3.6
In compliance with the records-keeping requirements of the BOC under existing laws, the Declarant prints the SAD-IEIRD together with the Tax Assessment Notice after receipt of the Payment confirmation message.
5.0
Repealing ClauseAll Customs Memorandum Order inconsistent with the provisions of the Order are hereby deemed modified and/or amended accordingly.
6.0
EffectivityThis Order shall take effect in all Customs Offices consistent with the scheduled roll-out of Phase 3 of the E2M System (see Annex C for the e2m Customs phases).
NAPOLEON L. MORALES
Commissioner
PROCEDURES FOR THE PAYMENT OF ADVANCE DUTY DEPOSIT AND THE FINAL PAYABLES IMPLEMENTING CAO 10-2008 AND BSP CIRCULAR 638 SERIES 2009
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FINANCE
BUREAU OF CUSTOMS
MANILA 1099
February 6 2009
CUSTOMS MEMORANDUM ORDER
NO. 6 - 2009
Subject:
Procedures for the Payment of Advance Duty Deposit and the Final Payables Implementing CAO 10-2008 and BSP Circular 638 Series 2009
1.0
Objectives
1.1
To properly implement CAO 10-2008 dated 12 November 2008 subject " Payment Application Secure System Version 5.0 (PASS 5)" and BSP Circular 638 Series 2009 subject "Circular Amending Circular No. 909-83 dated 6 January 1983"
1.2
To provide clear guidelines on how to accomplish and file an Import Entry Declaration(IED) for the payment of advance duty deposit required under PD 1853 dated 21 December 1982 and the SAD-IEIRD for the final payment of duties, taxes and other charges.
2.0
ScopeThis Order provides detailed instructions to declarants in paying the advance duty and final payment on importations cleared through the e2m Customs System
3.0
General Provisions
3.1
Upon implementation of Phase 3 of the e2m Customs System in a Customs District or any of its Sub-ports, the use of a paper Import Entry Declaration (IED) for paying the advance duty deposit to an Authorized Agent Bank (AAB) will be discontinued effective on the specific dates officially announced by the Commissioner of Customs.
3.2
In lieu of a paper IED, payment of advance duty to an AAB in observance of PD 1853 dated 21 December 1982 must be accomplished through an electronic IED which in the e2m Customs is a Single Administrative Document (SAD) with model of declaration 'IED'
3.3
Mandatory submission of paper entry for the payment of duties and taxes to the authorized agent banks (AABs) as the first step in Customs clearance covered by consumption and warehousing entries.
3.4
e2m Customs shall compute the final payment due on the importation based on the particulars contained in the SAD-IEIRD and submitted to the Customs via an accredited VASP. e2m Customs shall generate a final payment instruction (FPI) and transmit the same to the AAB nominated in the SAD-IEIRD via the BOC - Bankers Association of the Philippines (BAP)/ Philippine Clearing House Corporation (PCHC) Payment Gateway. The bank system shall cause the debit of the amount stated in the FPI from the nominated account, generate a Final Payment Confirmation (FPC) and electronically transmit this to the BOC.
4.0
Operational Provisions
4.1
The Box numbers mentioned in the succeeding paragraphs correspond to the Box numbers in the SAD, a printed sample of which is in Annex A.
4.2
Payment of Advance Duty Deposit
4.2.1
To accomplish a SAD-IED and pay the advance duty deposit, the declarant must log-in to an accredited VASP and accomplish a Customs Declaration on-line.
4.2.2
On box 1 of the SAD, type "IED" for model of declaration.
4.2.3
On box number 28 on Financial and Banking Data and opposite the label Bank Ref. No., type the AAB Reference Number assigned to the client for each registered bank account from where the advance deposit of customs duty will be charged.
4.2.4
After providing the rest of the data elements required in the SAD-IED (see Annex B for the instructions on filling up a SAD-IED), electronically submit it to the e2m Customs System which would require the declarant to affix his electronic signature issued pursuant to CMO 39-2008. The VASP will provide the procedure for affixing an electronic signature.
4.2.5
After validating the SAD-IED, e2m Customs sends an electronic payment instruction together with details of the SAD-IED to the bank through the BOC - BAP/PCHC Bank Payment Gateway.
4.2.6
Declarant prints the SAD-IED for his file and for presentation to the AAB for the opening of the Letter of Credit.
4.2.7
e2m Customs will send to the VASP the advance payment confirmation message received from the BOC-BAP/PCHC Payment Gateway.
4.2.8
A SAD-IED may be used to pay declarations lodged at any Customs port provided it will be used for the same shipment covered by the said SAD-IED.
4.3
Final Payments of Duties, Taxes and Fees
4.3.1
To accomplish a SAD-IEIRD and pay the final payables, the declarant must log-in to an accredited VASP and accomplish a SAD on-line.
4.3.2
On box number 28 of the SAD IEIRD on Financial and Banking Data and opposite the label "Bank Ref. No .", type the AAB Reference Number assigned to the client for the particular bank account from where the advance duty deposit has been paid and from where the final payment will be debited.
4.3.3
In the Terms of Payment Section of the SAD-IEIRD, encode the required particulars from the SAD-IED opened for the importation, more particularly the appropriate code which is "57" and the SAD-IED reference number. Other non-cash payment instruments (eg. Tax Debit Memos) to pay for the importation are likewise indicated in this section.
4.3.3.1
4.3.3.1A Tax Debit Memo (TDM) can be used only once. Utilization of unused balance should be applied with the issuing authority.
4.3.4
After providing the rest of the data elements required in the SAD-IEIRD (instructions on filling up the SAD-IEIRD shall be covered by a separate Order), electronically submit it to the e2m Customs System which would require the declarant to affix his electronic signature issued pursuant to CMO 39-2008. The VASP will provide the procedure for affixing an electronic signature.
4.3.5
If the SAD-IEIRD is selected yellow or red lane under the e2m Customs System, declarant must print the SAD-IEIRD and submit the same and all required supporting document to Customs. Only after the SAD-IEIRD is re-routed to the Green channel and assessed shall the Final Payment Instruction (FPI) be generated and sent to the BOC-BAP/PCHC Bank Payment Gateway.Until further orders, for SAD-IEIRD not Selected or popularly known as "GREEN" entry, printed SAD IEIRD with all required supporting documents must be submitted to BOC not later than Tuesday of the following week. The FPI shall be automatically generated and sent to the Payment Gateway.
4.3.6
In compliance with the records-keeping requirements of the BOC under existing laws, the Declarant prints the SAD-IEIRD together with the Tax Assessment Notice after receipt of the Payment confirmation message.
5.0
Repealing ClauseAll Customs Memorandum Order inconsistent with the provisions of the Order are hereby deemed modified and/or amended accordingly.
6.0
EffectivityThis Order shall take effect in all Customs Offices consistent with the scheduled roll-out of Phase 3 of the E2M System (see Annex C for the e2m Customs phases).
NAPOLEON L. MORALES
Commissioner
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