Philippines Customs harmonizing rules on freeport goods movement
A security guard watches as a crane lifts a cargo container at the Port of Manila. -- AFP |
The Customs Administrative Order (CAO) aims to “institute level of monitoring, control and safeguard measures goods admitted into, withdrawn from and moved from one Free Zone to another.” The bureau and freeport zone authorities are to establish a BoC-Free Zone inter-operability system, coordinating the movement of goods using chronological solutions. According to the CAO, goods in freeport zones -- which are exempt from duties and taxes as dictated by Republic Act. 7196 -- are to be electronically declared both with the freeport zone authority and the Customs bureau. While within freeport zones, the zone authority shall have full responsibility in monitoring movement of goods. However, if goods are withdrawn from the zones and taken past the Customs barrier, the duty at the time of withdrawal is payable by the importer. Upon withdrawal, Customs laws on consumption and warehousing will apply. The value-added tax (VAT) due shall be based on the selling price of goods at the time of withdrawal from the freeport zones. In the draft order, the Customs rules on keeping import transaction records for three years from the date of the filing of declaration will also be applied to persons authorized to import goods through freeport zones. If an importer violates the post-clearance audit rule, its right to contest results of Customs audits shall be waived. The BoC conducts post-clearance audits to track evidence of smuggling, including the undervaluation of imported goods. The order is the 21st draft implementing rule associated with the CMTA, with 21 more expected to follow. Out of the 42 rules, four of which have been approved by the Department of Finance, with others still undergoing revision and public consultation.
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