Professional Documents
Culture Documents
GOODS
DECLARATION
FOR
CONSUMPTION
After
payment
of
duties
and
taxes,
the
importer
will
then
have
a
non-‐extendible
period
of
30
All
imported
goods
will
be
subject
to
the
days
(previously,
15
days
from
posting
of
notice
lodgment
of
a
goods
declaration
(commonly
to
claim)
to
claim
the
goods
from
customs
known
as
entry
declaration),
which
may
be
for
custody.
consumption,
for
warehousing,
for
admission,
for
conditional
importation
or
for
customs
transit,
If,
at
the
time
of
importation,
an
importer
does
depending
on
the
purpose.
not
have
all
the
information
or
supporting
documents
required
to
complete
a
goods
As
a
general
rule,
goods
declarations
for
declaration,
the
CMTA
now
allows
the
lodging
of
consumption
are
cleared
though
a
“formal
entry”
a
provisional
goods
declaration
(PGD).
The
PGD
process,
except
in
the
following
instances
where
is
a
new
concept
that
importers
can
use
goods
may
be
cleared
through
“informal
entry”:
particularly
in
instances
where
additional
(i)
goods
of
a
commercial
nature
with
Free
on
information
and/or
collateral
documents
are
Board
or
Free
Carrier
Arrangement
(FCA)
value
required
to
be
submitted
at
the
border.
Under
of
less
than
Php
50,000
(which
is
an
increase
this
concept,
an
importer
would
have
to
execute
from
the
previous
thresholds
of
Php
2,000
per
an
undertaking
to
complete
the
necessary
TCCP,
as
amended,
and
USD
500
under
Customs
information
or
submit
the
supporting
documents
Memorandum
Order
No.
13-‐2010);
or
(ii)
within
45
days
(extendible
for
another
45
days)
personal
or
household
effects
or
goods,
not
in
from
the
lodging
of
the
PGD.
Goods
under
PGD
commercial
quantity,
imported
in
passenger’s
may
be
released
upon
posting
of
a
security
baggage
or
mail.
equivalent
to
the
amount
ascertained
to
be
the
applicable
duties
and
taxes.
A
goods
declaration
must
now
be
lodged
within
15
days
(previously,
30-‐day
non-‐extendible
An
assessment
by
the
BoC
at
the
border
of
a
PGD
period)
from
a
BoC
notice
(sent
through
shall
be
deemed
tentative
and
shall
be
completed
electronic
or
personal
service)
informing
the
upon
final
readjustment
and
submission
of
the
importers
of
the
date
of
discharge
of
the
last
additional
information
or
documentation
package
from
the
vessel
or
aircraft,
extendible
required
to
complete
the
declaration.
for
another
15
days
(upon
request
by
the
importer
based
on
valid
grounds).
Once
lodged,
If
an
importer
needs
to
amend
a
goods
the
BoC,
after
its
examination,
shall
issue
a
notice
declaration
already
filed,
the
CTMA,
for
valid
of
assessment
(of
duties
and
taxes
payable).
The
reasons
and
with
the
approval
of
the
BoC,
also
importer
has
a
period
of
15
days
from
receipt
of
permits
the
filing
of
an
amended
goods
said
notice
within
which
to
pay
the
declaration.
The
amendment,
however,
must
be
corresponding
duties
and
taxes.
In
effect,
this
is
done
prior
to
final
assessment
or
examination
of
also
the
period
within
which
the
importer
may
the
goods
by
the
BoC.
contest
the
assessment
issued
by
the
BoC
at
the
border.
Otherwise,
the
assessment
will
be
In
the
second
part
of
this
article,
we
shall
discuss
deemed
final
after
the
lapse
of
the
15-‐day
period.
more
of
the
changes
introduced
under
CMTA,
particularly
the
new
rules
on
relief
importations,
The
failure
to
pay
duties
and
taxes
within
the
15-‐ the
increase
in
the
threshold
value
of
an
informal
day
period
shall
result
in
the
imposition
of
a
10%
goods
declaration
as
well
as
those
considered
as
surcharge
(increased
to
25%
if
delinquency
lasts
small
value
importations.
for
more
than
one
year)
based
on
the
total
assessed
amount
or
balance
thereon
as
well
as
to
2.
DE
MINIMIS
IMPORTATIONS
a
20%
interest
per
annum
computed
from
the
date
of
final
assessment.
The
CMTA
acknowledges
the
e-‐commerce
trend
of
increasing
number
of
small
value
consignments
and
thus,
retained
the
provision
1
on
de
minimis
values
(small
value
importations)
below
which
no
duties
and
taxes
will
be
collected
One
of
the
more
well-‐known
privileges
and
with
minimal
clearance
procedures,
recognized
under
Section
800
is
the
duty
and
including
data
requirements.
tax-‐free
importation
of
personal
and
household
effects
by
“returning
residents”
which
has
been
The
de
minimis
threshold
value
has
now
been
defined
as
nationals
who
have
stayed
in
a
foreign
increased
to
Php10,000
(previously,
Php10)
in
country
for
a
period
of
at
least
six
months.
response
to
the
clamor
of
foreign
business
groups.
Thus,
if
the
value
of
an
importation
does
The
conditions
for
exemption
(aside
from
the
not
exceed
Ph10,000,
there
will
be
no
duties
and
requirements
that
the
same
should
neither
be
of
taxes
that
will
be
collectible
by
the
BoC.
commercial
quantity
nor
intended
for
barter,
sale
or
hire)
are
as
follows:
This
threshold
value
is
subject
to
review
by
the
Finance
Secretary
every
three
years.
·
For
those
who
have
stayed
in
a
foreign
country
for
a
period
of
at
least
10
years,
the
Free
on
3.
RELIEF
CONSIGNMENT
Board
(FoB)
or
Free
Carrier
Arrangement
(FCA)
value
shall
not
exceed
P350,000
and
that
the
Goods
such
as
food,
medicine,
equipment
and
privilege
is
not
availed
of
within
10
years
prior
materials
for
shelter,
donated
or
lease
to
to
the
returning
resident’s
arrival.
government
institutions
and
accredited
private
entities
for
free
distribution
to
or
use
of
victims
·
If
the
stay
is
at
least
five
years,
the
FCA
or
FOB
of
calamities
shall
be
treated
as
relief
value
shall
not
exceed
P250,000
and
that
the
consignment.
Relief
goods
are
exempt
from
privilege
is
not
availed
of
within
five
years
prior
duties
and
taxes.
to
the
returning
resident’s
arrival.
Upon
declaration
of
a
state
of
calamity,
the
·
If
the
stay
is
less
than
five
years,
the
FCA
or
FoB
clearance
of
such
goods
will
be
a
matter
of
value
shall
not
exceed
P150,000
and
that
the
priority.
privilege
is
not
availed
of
within
six
months
prior
to
the
returning
resident’s
arrival.
Towards
this
end,
restrictions
on
customs
policies
are
now
relaxed
under
the
CMTA.
In
addition
to
the
above,
returning
Overseas
Special
procedures
are
now
provided
to
facilitate
Filipino
Workers
(OFWs)
shall
have
the
privilege
their
unimpeded
entry.
Among
these
procedures
to
bring
in
tax
and
duty
free
home
appliances
are:
a)
lodging
of
a
simplified
or
provisional
and
other
durables
(limited
to
one
of
every
kind)
goods
declaration;
b)
pre-‐arrival
clearance;
c)
once
in
a
given
calendar
year
accompanying
clearance
beyond
business
hours
without
them
on
their
return
or
arriving
within
a
corresponding
charges;
and
d)
examination
shall
reasonable
time
(not
exceeding
60
days
after
be
in
exceptional
cases
only.
every
returning
OFWs
return).
The
Department
of
Finance
(DoF)
and
the
Residents
of
the
Philippines,
OFWs
or
other
Department
of
Social
Welfare
and
Development
Filipinos,
while
residing
abroad
or
upon
their
shall
jointly
issue
implementing
rules
on
this.
return
to
the
Philippines,
are
also
allowed
to
bring
in
or
send
to
their
families
or
relatives
in
4.
CONDITIONALLY-‐FREE
AND
DUTY-‐EXEMPT
the
Philippines
“balikbayan
boxes”
(containing
IMPORTATIONS
personal
and
household
effects
only)
duty
and
tax-‐free,
provided
that
the
FCA
value
shall
not
The
CMTA
introduces
modifications
to
Section
exceed
P150,000
and
the
items
are
not
in
105
of
the
TCCP,
as
amended,
on
conditionally-‐ commercial
quantities
or
intended
for
barter,
free
importations
(now
named
conditionally-‐free
sale
or
for
hire.
This
can
be
availed
up
to
three
and
duty-‐free
importations
under
Section
800).
times
in
a
calendar
year.
2
·
Settled
in
accordance
with
normal
pricing
Any
amount
in
excess
of
the
above
threshold
practices
of
the
industry;
values
shall,
however,
be
subject
to
duties
and
·
Settled
in
a
manner
consistent
with
sales
to
taxes.
unrelated
buyers;
·
Adequate
to
ensure
recovery
of
all
costs
plus
a
5.
RELATED
PARTY
TRANSACTIONS
profit
equivalent
to
the
firm’s
overall
profit
realized
over
a
representative
period
of
time
in
The
CMTA
upholds
the
hierarchical
application
sales
of
goods
of
the
same
class
or
kind.
of
the
six
methods
of
valuation
of
imported
goods,
with
Method
1
or
the
Transaction
Value
Failure
to
establish
either
of
the
above
proofs
(TV)
of
the
imported
goods
being
the
primary
may
result
in
the
declared
TV
to
be
rejected
for
method.
The
TV
is
basically
the
“price
paid
or
purposes
of
customs
appraisement
and
the
price
payable”
for
the
goods
when
sold
for
export
to
will
be
determined
using
other
methods
of
the
Philippines,
subject
to
certain
adjustments
valuation
in
their
sequential
order.
such
as
selling
commissions
and
brokerage
fees,
cost
of
containers,
cost
of
packing,
assists,
6.
MISDECLARATION,
MISCLASSIFICATION,
royalties
and
license
fees,
cost
of
transport
and
UNDERVALUATION
IN
GOODS
DECLARATION
insurance,
among
others.
The
CMTA
has
increased
the
surcharge
penalty
Under
the
rules,
one
of
the
limitations
on
the
for
misdeclaration,
misclassification
and
application
of
the
TV
method
is
that,
in
cases
of
a
undervaluation
of
imported
goods.
related
party
transaction,
the
price
between
the
importer
and
its
related
foreign
supplier
should
There
is
misdeclaration
when
the
discrepancy
not
be
influenced
by
such
a
relationship.
The
pertains
to
quantity,
quality,
description,
weight,
CMTA
states
that
in
order
to
prove
the
absence
or
measurement
of
the
imported
goods.
of
such
influence,
the
importer
must
be
able
to
demonstrate
that
the
declared
value
closely
Misclassification,
on
the
other
hand,
exists
when
approximates
one
of
the
following
“test
values”
insufficient
or
wrong
description
of
the
goods
or
occurring
at
or
about
the
same
time:
use
of
wrong
tariff
heading
was
declared
resulting
in
a
discrepancy.
·
The
TV
in
sales
to
unrelated
buyers
of
identical
or
similar
goods
for
export
to
the
same
country
Undervaluation
is
present
when:
of
importation;
·
The
customs
value
of
identical
or
similar
goods
·
The
declared
value
fails
to
disclose
in
full
the
as
determined
using
the
Deductive
Value
price
actually
paid
or
payable
or
any
dutiable
Method;
and
adjustment
to
the
price;
or
·
The
customs
value
of
identical
or
similar
goods
·
When
an
incorrect
valuation
method
is
used;
or
as
determined
using
the
Computed
Value
·
The
valuation
rules
are
not
properly
observed.
Method.
Any
misdeclaration,
misclassification
or
Aside
from
the
application
of
test
values,
the
undervaluation
of
imported
goods
resulting
in
a
WTO
agreement
also
recognizes
the
discrepancy
(in
duty
and
tax
to
be
paid)
between
“circumstances
of
sale
analysis”
as
a
remedy
in
what
is
legally
determined
upon
assessment
and
proving
the
absence
of
such
influence.
This
what
is
declared
will
be
subject
to
a
fixed
remedy,
which
is
likewise
embodied
under
surcharge
rate
of
250%
of
the
duty
and
tax
due
Customs
Administrative
Order
(CAO)
No.
4-‐2004
(previously,
100%
to
200%
of
the
duty
due).
and
Customs
Memorandum
Order
(CMO)
No.
16-‐
2010,
involves
showing
the
arm’s
length
nature
Surcharge,
however,
will
not
be
imposed
when:
of
the
transaction
by
proving
that
the
price
was:
·
The
discrepancy
in
duty
is
less
than
10%;
or
3
·
The
importer’s
declared
value
and/or
tariff
means
of
a
fraudulent,
falsified
or
erroneous
heading/classification:
declaration
of
the
goods
as
to
its
nature,
kind,
·
Relied
on
an
official
government
ruling;
or
quality,
quantity
or
weight.
In
other
words,
·
Is
rejected
in
a
formal
customs
dispute
technical
smuggling
takes
place
through
settlement
process
involving
difficult
or
highly
undervaluation,
misclassification
or
technical
questions
relating
to
the
application
of
underdeclaration
of
the
goods
shipped.
customs
valuation
rules
and/or
tariff
classifications.
The
difference
between
outright
smuggling
and
technical
smuggling
lies
in
the
use
or
non-‐use
of
If
the
misdeclaration,
misclassification
or
legal
trade
channels
when
bringing
the
goods
undervaluation
is
intentional
or
fraudulent
(such
into
the
country.
Outright
smuggling
bypasses
as
when
a
false
or
altered
document
is
submitted
the
usual
and
normal
procedure
and
process
of
or
when
false
statements
or
information
are
clearing
the
cargo
at
the
BoC,
while
technical
knowingly
made),
a
500%
surcharge
(of
the
duty
smuggling
involves
fraudulent
acts
during
the
and
tax
due)
will
be
imposed
on
the
importer
processing
and
releasing
of
the
goods.
In
both
and
to
those
who
willfully
participated
in
the
instances,
however,
the
ultimate
objective
is
to
fraudulent
act.
The
imported
goods
will
be
evade
the
payment
of
the
prescribed
taxes,
subject
to
seizure
regardless
of
the
amount
of
the
duties
and
other
charges.
discrepancy.
The
penalty
is
imprisonment
or
a
fine
which
The
CMTA
likewise
adopts
the
previous
rule
ranges
from
Php
25,000
to
Php
50,0000,000
under
the
TCCP,
as
amended,
on
the
existence
of
depending
on
the
value
(up
to
Php
200,000,000)
a
prima
facie
evidence
of
fraud
if
the
discrepancy
of
the
goods
unlawfully
imported,
including
(in
duty
and
tax
to
be
paid)
amounts
to
more
duties
and
taxes.
If
the
value
(or
aggregate
value)
than
30%.
exceeds
Php
200,000,000,
the
same
shall
be
deemed
as
a
heinous
crime
punishable
with
a
7.
UNLAWFUL
IMPORTATION
OR
penalty
of
reclusion
perpetua
(imprisonment
of
EXPORTATION
20
years
and
1
day
to
40
years)
and
a
fine
of
not
less
than
Php
50,000,000.
The
CMTA
provides
stiffer
penalties
for
smuggling
(which
can
either
be
outright
or
Each
act
of
unlawful
importation
or
exportation
technical)
which
has
been
defined
as
the
shall
be
deemed
a
separate
offense.
fraudulent
act
of
importing
any
goods
into
the
Philippines,
or
the
act
of
assisting
in
receiving,
In
the
fourth
part
of
this
article,
we
will
discuss
concealing,
buying,
selling,
disposing
or
other
changes
introduced
under
the
CMTA,
transporting
such
goods,
with
full
knowledge
particularly
the
new
rules
relating
to
that
the
same
has
been
fraudulently
imported.
It
abandonment,
period
of
storage
in
a
Customs
likewise
includes
the
exportation
of
goods
in
any
Bonded
Warehouse,
advance
customs
rulings,
manner
contrary
to
law.
post
clearance
audit,
record
keeping
requirements
and
penalties.
Outright
smuggling
refers
to
the
act
of
importing
goods
into
the
country
without
complete
8.
ABANDONMENT
RULES
customs-‐prescribed
importation
documents,
or
without
being
cleared
by
customs
or
other
The
abandonment
of
imported
goods
can
either
regulatory
government
agencies.
In
this
case,
be
express
or
implied.
imported
goods
are
not
registered
at
all
with
the
BoC
or
other
government
agencies.
An
express
abandonment
occurs
when
an
importer
expressly
signifies
in
writing
to
the
Technical
smuggling,
on
the
other
hand,
refers
to
District
Collector
of
his
intention
to
abandon
the
the
act
of
importing
goods
into
the
country
by
imported
goods.
In
such
case,
the
goods
shall
4
ipso
facto
be
deemed
property
of
the
Government
and
may
be
sold
or
disposed
of
The
general
rule
under
the
CMTA
is
that
goods
generally
at
the
port
where
the
goods
are
entered
for
warehousing
may
remain
in
a
CBW
located.
for
a
fixed
period
of
one
year
from
the
time
of
their
arrival,
except
for
perishable
goods
where
On
the
other
hand,
there
is
implied
the
storage
period
is
three
months
from
the
date
abandonment,
in
the
following
cases,
among
of
arrival,
extendible
(for
valid
reasons
and
upon
others:
written
request)
for
another
three
months.
This
is
a
departure
from
the
current
rule
which
fixes
·
When
an
importer
fails
to
file
the
goods
the
storage
period
in
a
CBW
to
a
maximum
one
declaration
within
15
days
(previously,
a
30-‐day
year
period,
regardless
of
whether
the
goods
are
non-‐extendible
period)
or
within
the
approved
perishable
or
not.
Goods
not
withdrawn
after
the
extended
period
of
another
15
days
from
notice
expiration
of
the
prescribed
period
shall
be
of
the
date
of
discharge
of
the
last
package
from
deemed
abandoned.
the
vessel
or
aircraft;
·
Having
filed
such
a
declaration,
the
importer
The
BoC
Commissioner,
in
consultation
with
the
fails
to
pay
the
assessed
duties
and
taxes
within
Secretary
of
Trade
and
Industry,
shall
also
15
days
from
receipt
of
notice
of
final
establish
reasonable
storage
period
limits
assessment;
beyond
the
general
one-‐year
period
for
bonded
·
Failure
to
claim
the
goods
within
30
days
goods,
the
processing
into
finished
goods
of
(previously,
15
days)
from
payment
of
duties
which
require
a
longer
period
based
on
industry
and
taxes.
standards
and
practice,
subject
to
the
approval
of
the
Secretary
of
Finance.
If
the
BoC
has
not
disposed
of
the
goods
implied
to
be
abandoned,
the
owner
or
importer
of
goods
The
unauthorized
withdrawal
of
imported
goods
may,
within
30
days
after
the
lapse
of
the
from
the
CBW
shall
be
subject
to
a
surcharge
of
prescribed
period
to
file
the
declaration
(15
50%
of
duties,
taxes,
customs
fees
and
charges,
days,
extendible
for
another
15
days),
still
found
to
be
due
and
unpaid.
If
the
delinquency
reclaim
the
goods
by
complying
with
all
legal
lasts
for
more
than
one
year,
the
surcharge
shall
requirements
and
paying
the
corresponding
be
increased
by
25%
of
the
unpaid
duties
and
duties,
taxes,
and
other
charges.
taxes
annually.
On
the
other
hand,
if
the
BoC
has
already
sold
the
SELF-‐CERTIFICATION
SYSTEM
FOR
ORIGIN
goods,
the
proceeds
of
the
sale,
after
deduction
PURPOSES
of
any
duty
and
tax
and
all
other
charges
and
expenses
(such
as,
government
storage
charges;
While
the
BoC
may
(upon
request)
determine
the
expenses
for
the
appraisal,
advertisement,
and
Philippine
origin
of
goods
for
export
through
the
sale
of
auctioned
goods;
arrastre
and
private
issuance
of
certificates
of
origin,
the
CMTA,
in
storage
charges
and
demurrage
charges;
and
preparation
for
the
ASEAN-‐wide
implementation
freight,
lighterage
or
general
average,
on
the
of
the
self-‐certification
system,
allows
exporters
voyage
of
importation)
shall
be
turned
over
to
(producers
or
manufacturers
of
goods)
duly
those
persons
entitled
to
receive
them.
The
accredited
by
the
BoC
to
perform
a
“self-‐
balance
will
then
be
deposited
to
a
“forfeiture
certification”
procedure
as
an
alternative
means
fund”
to
be
managed
by
the
BoC
which
shall
be
of
proving
the
Philippine
origin
of
goods
for
used
to,
among
others,
support
its
export.
modernization
program
and
other
operational
efficiency
and
trade
facilitation
initiatives.
The
introduction
of
a
self-‐certification
arrangement
(in
establishing
the
origin
of
9.
PERIOD
OF
STORAGE
IN
A
CUSTOMS
Goods)
plays
a
critical
role
in
achieving
a
free
BONDED
WAREHOUSE
(CBW)
flow
of
goods
within
the
ASEAN
single
market
as
5
it
is
aimed
at
facilitating
the
utilization
of
Free
within
three
years
from
the
date
of
final
payment
Trade
Agreements
(FTAs).
The
system
of
duties
and
taxes
or
customs
clearance,
as
the
effectively
eliminates
the
need
to
present
a
case
may
be.
In
the
absence
of
any
specific
Certificate
of
Origin
(CO)
to
claim
preference
regulation,
this
provision
of
the
CMTA
can
be
under
FTAs
as
it
allows
accredited
exporters
to
seen
as
a
departure
from
Executive
Order
155
self-‐declare
that
their
products
have
satisfied
the
(which
placed
the
audit
function
with
the
ASEAN
origin
criteria
by
simply
affixing
a
Department
of
Finance’s
(DoF)
Fiscal
declaration
on
the
commercial
invoice.
Intelligence
Unit)
as
well
as
the
audit
guidelines
under
DoF
Department
Order
(DO)
Nos.
11-‐2014
This
new
system
seeks
to
reduce
compliances
of
and
44-‐2014.
exporters
and
administrative
cost
associated
with
CO
application.
It
likewise
facilitates
the
The
penalties
for
failure
to
pay
correct
duties
release
of
shipments
availing
of
preferential
and
taxes
on
imported
goods,
as
may
be
found
tariff
under
FTAs.
during
post-‐clearance
audit,
are
now
categorized
into
two
degrees
of
culpability,
as
follows:
10.
ADVANCE
CUSTOMS
RULINGS
This
is
a
departure
from
the
previous
degrees
of
Importers
(and
exporters)
oftentimes
are
faced
penalties;
(a)
negligence
(50%
to
200%
of
the
with
issues
such
as
whether
certain
payments
to
revenue
loss);
(b)
gross
negligence
(250%
to
suppliers
are
dutiable
or
not,
whether
an
article
400%
of
the
revenue
loss);
and
(c)
500%
to
would
fall
under
an
identified
specific
tariff
800%
of
the
revenue
loss
and/or
criminal
heading
or
another,
or
whether
rules
of
origin
prosecution.
requirements
to
qualify
for
the
availing
the
preferential
rates
under
FTAs
are
met.
Furthermore,
under
the
CMTA,
no
substantial
Potentially,
these
issues
may
lead
to
uncertainty
penalty
shall
be
imposed
on
inadvertent
errors
in
the
entire
trade
transaction
as
these
will
have
amounting
to
simple
negligence
as
will
be
an
impact
on
the
amount
of
duties
to
be
paid
and
defined
by
the
implementing
rules.
This
rule
was
ultimately,
on
the
end
price
of
the
product.
lifted
from
Standard
3.39
of
the
Revised
Kyoto
Convention
(RKC)
as
well
as
from
Article
VIII
of
In
order
to
promote
higher
certainty,
the
World
Trade
Organization/General
predictability
and
reliability,
the
CMTA
now
Agreement
on
Tariffs
and
Trade
(WTO/GATT),
adopts
the
Revised
Kyoto
Convention
(RKC)
providing
for
the
non-‐imposition
of
penalties
for
provision
on
advance
(binding)
rulings
and
errors
when
such
errors
are
inadvertent
and
recognizes
the
right
of
importers
and
exporters,
where
there
has
been
no
fraudulent
intent
or
upon
written
application,
to
seek
advance
gross
negligence.
rulings
on
classification
from
the
Tariff
Commission,
and
valuation
as
well
as
rules
of
A
penalty,
which
should
not
be
excessive,
may
origin
from
the
BoC
Commissioner.
These
however
be
imposed
in
order
to
discourage
a
rulings,
once
obtained,
should
provide
applicants
repetition
of
such
errors.
with
more
certainty
on
the
customs
treatment
of
their
specific
transaction
or
product.
12.
RECORD-‐KEEPING
REQUIREMENT
Rulings
are
required
to
be
issued
within
30
days
The
CMTA
states
that
all
importers
are
required
from
receipt
of
the
application
and
supporting
to
keep
relevant
importation
documents,
at
their
documents
as
may
be
required
by
regulation.
principal
place
of
business,
for
a
period
of
three
years
from
the
date
of
final
payment
of
duties
11.
POST-‐CLEARANCE
AUDIT
and
taxes
or
customs
clearance,
as
the
case
may
be.
This
provision
of
the
CMTA
can
be
seen
as
a
The
CMTA
states
that
the
Bureau
of
Customs
reversion
to
the
old
rules
and
a
departure
from
(BoC)
may
conduct
a
“post-‐clearance
audit”
the
audit
guidelines
under
DoF
DO
Nos.
11-‐2014,
6
which
set
the
record
retention
period
to
10
years
Cases
involving
forfeiture
of
goods
shall,
from
the
date
of
importation.
however,
not
be
subject
to
any
compromise.
Economic
zone
locators
are
likewise
required
to
14.
APPLICATION
OF
INFORMATION
AND
keep
records
of
imported
goods
withdrawn
from
COMMUNICATIONS
TECHNOLOGY
(ICT)
the
zones
and
brought
into
the
customs
territory.
The
BoC,
in
accordance
with
international
If
an
importer
who,
after
receiving
a
lawful
standards,
is
mandated
under
the
CMTA
to
demand
in
writing,
fails
or
refuses
to
produce
utilize
ICT
in
enhancing
customs
control
and
relevant
records,
accounts
or
invoices
necessary
efficiency
in
customs
operations
geared
towards
to
determine
and
assess
the
correct
value
and
a
paperless
customs
environment.
Electronic
classification
of
the
imported
goods
at
the
documents,
permits,
licenses
or
certificates
will
border,
the
CMTA
empowers
a
District
Collector
now
be
acceptable
and
will
have
the
legal
effect,
to
impose
a
20%
surcharge
based
on
the
dutiable
validity
or
enforceability
as
any
other
document
value
of
such
goods.
or
legal
writing.
The
utility
of
full
automation
will
be
felt
once
the
“Single
Window
Policy”
is
On
the
other
hand,
if
during
post
clearance
audit,
fully
implemented.
it
was
determined
that
an
importer
auditee
failed
to
keep
the
required
records
of
MOVING
FORWARD
importation,
the
penalty
that
could
be
imposed
by
the
BoC
is
a
fine
of
P1,000,000
(previously,
a
The
provisions
introduced
under
the
CMTA
are
fine
of
not
less
than
P100,000
but
not
more
than
basically
trade
facilitation
measures
envisioned
P200,000)
and/or
imprisonment
of
not
less
than
to
hasten,
simplify,
harmonize
and
clarify
three
years
and
one
day
but
not
more
than
six
importation
and
exportation
laws,
rules
and
years
(previously,
imprisonment
of
not
less
than
procedures.
These
changes
provide
an
two
years
and
one
day
to
six
years).
opportunity
for
the
BoC
to
effectively
implement
Furthermore,
the
failure
shall
constitute
a
waiver
these
new
rules
towards
achieving
its
primary
of
the
importer’s
right
to
contest
the
results
of
role
as
a
trade
facilitation
institution.
A
the
audit
based
on
records
kept
by
the
BoC.
simplified
and
streamlined
trade
procedure
could
result
in
higher
volume
of
trade
which
will
13.
AUTHORITY
OF
THE
COMMISSIONER
TO
positively
impact
on
revenue
collection.
MAKE
COMPROMISE
Importers,
on
the
other
hand,
are
expected
to
Under
the
CMTA,
the
Commissioner
may,
subject
keep
abreast
of
these
developments
in
order
to
to
the
further
approval
of
the
Finance
Secretary,
avoid
unnecessary
cost
(in
terms
of
fines,
compromise
any
administrative
case
involving
surcharges
and
other
penalties)
on
their
the
imposition
of
fines
and
surcharges,
including
importations
resulting
from
non-‐compliance.
those
arising
from
the
conduct
of
a
post
clearance
audit,
unless
otherwise
specified
by
law.
Although
not
an
entirely
new
concept,
it
nevertheless
specifically
mentions
that
the
compromise
powers
of
the
Commissioner
include
fines
and
surcharges
arising
from
a
post
clearance
audit.
This
is
a
welcome
reintroduction
of
a
voluntary
disclosure
concept
for
importers
who
would
want
to
correct
their
mistakes
by
voluntarily
settling
their
deficiencies
in
duties
and
taxes.
7