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Philippines

  • 1. Are laws and regulations published in official journal? (Art 1 TFA)

    Yes

  • 2a. Is there an opportunity to comment on new regulations and changes to existing ones prior to implementation? (Art 2.1.1 TFA)

    Sometimes (add remark) (In PH Public consultation is not reaching all stakeholders.)

  • 2b. After the authorities have decided on new or changed regulations is there advance notice of the effective date (or a delayed effective date) to allow traders to make necessary changes and arrangements? (Art 2.1.2 TFA)

    Sometimes (add remark) (Once signed by OCOM (Office of the Commissioner), effective date would be 15 days from the date of signature. This is considered final. In case stakeholder request for changes/arrangement - They need to write a letter of appeal stating their reason/recommendation, and OCOM will review the appeal.)

  • 3. Does Customs issue advance (pre-entry) rulings, binding on all Customs ports, on classification and valuation questions?

    Sometimes / Other (add remark) (It is customer decision whether to submit declaration thru advance ruling or normal declaration.)

  • 4. Is there a public and regularly updated website available with

    • a. Laws and regulations? (Art 1 TFA)

      Yes (Customs website provide links for the memorandum they issue.)

    • b. full description of all Customs procedures? (Art 2 TFA)

      Yes (Customs website provide links for the memorandum they issue.)

    • c. access to appeal procedure? (Art 2 TFA)

      No (In PH Public consultation is not reaching all stakeholders. With this, not all stakeholders are not able to submit their appeal.)

    • d. all forms and documents required for import and export? (Art 2 TFA)

      No

  • 5a. Are there other rules or procedures by Customs or any other government entity that in your experience restrict the operation of express delivery services in your country, such as:

    • a. Restrict the use of clearance procedures for express items by weight, quantity or value? (Art 7.8.2c TFA)

      Yes (PH Customs allow us to release via express, but the Hard copy paperwork is requires. Customs still require submission of individual informal entry instead of Manifest entry.)

    • b. Other? Please specify:

  • 5b. If the answer to Q5a-a is "yes", what is the

    • a. weight

      Customs requires weight to be 100% apple-to-apple match, and does not accept minimal error under CAO 1-2020 (Fines Surcharges for clerical error)

    • b. quantity

      Customs requires weight to be 100% apple-to-apple match, and does not accept minimal error under CAO 1-2020 (Fines Surcharges for clerical error)

    • c. and/or value (local currency / USD)

      Customs requires weight to be 100% apple-to-apple match, and does not accept minimal error under CAO 1-2020 (Fines Surcharges for clerical error)

  • 6. URL for Customs website

  • 1a. Does Customs accept and process electronically the data required for release of shipments in advance of their actual arrival so that they can be released either prior to or immediately after arrival? (Art 7.1 TFA)

    Other (add remark) (Customs require submission of both electronic and hard copy submission of declaration. Customs should start investing on reviewing declaration online as this will save: Time, effort, manpower cost, supplies, energy, equipment and environment for the printing/sorting/stamping of hard copy declaration.)

  • 1b. Can formalities for final clearance be completed through electronic means post-release?

    Other (add remark) (Customs require submission of both electronic and hard copy submission of declaration. Customs should start investing on reviewing declaration online as this will save: Time, effort, manpower cost, supplies, energy, equipment and environment for the printing/sorting/stamping of hard copy declaration.)

  • 2a. When are the following shipments typically released (WCO Immediate Release Guidelines)?

    • a. Letters and Documents (Cat. 1 of IRG)

      Same day

    • b. Low-value non dutiable items (e.g de minimis) (Cat 2 of IRG)

      Same day

    • c. Low value dutiable items (Cat. 3 of IRG)

      Other (add remark) (If data available 6 hours before arrival, shipment can be release same day upon arrival. If data available 5 hours before arrival, shipment will be release by noon as this require validated manifest and need to undergo assessment.)

    • d. High value dutiable items (Cat. 4 of IRG)

      Other (add remark) (Release after arrival, as shipment need to undergo Customs assessment and payment of duties/taxes. Able to release before arrival if assessed/paid.)

  • 3. Is physical release of goods separate from clearance? (Will Customs release goods prior to completion of all formalities and final settlement of accounts?) (Art 7.3 TFA)

    Yes (Customs allow pre-clearance if there is no additional docs needed.)

  • 4. Is full-time (24/7) automated processing for the customs ports at which you operate available?

    No (Customs E2M has system maintenance downtime from: 0001H midnight to 0200H)

  • 5a. Are the official working hours of the Customs office and personnel adapted to commercial needs and applied at local level? (RKC Std 3.1)

    Yes (Stakeholders need to pay overtime beyond office hours.)

  • 5b. Are there fees for Customs services during normal working hours?

    No

  • 5c. Does Customs and other agencies provide clearance services outside of the official office hours?

    Yes (customs – yes, other agencies – no)

    • and if so, is there a published set of fees?

      Yes

  • 5d. Will Customs provide dedicated clearance services away from the Customs office for a fee? (e.g. clearance at Express Consignment Facilities and Hubs)

    No

  • 6. For shipments arriving by air, does Customs inspect and release goods at the operator's facility or require their transfer to another facility? (Art 7.8.1a TFA)

    Operator's facility

  • 7a. Does Customs apply risk-management and risk-based selectivity to select items for documentary and/or physical examination? (Art 7.4 TFA)

    Yes (Customs does not solely use their Risk Management System. It was mentioned on Art 7.4 that: "maintain a risk management system for customs control", some customs Port do not have a system. Customs use their own personnal assessment to hold packages for physical inspections.)

  • 7b. Does any other agency apply risk-management and risk-based selectivity to select items for documentary and/or physical examination? (Art 7.4 TFA)

    Yes

  • 8a. Are there multiple inspections (inspections by agencies other than Customs)?

    Yes (Other agencies are: PDEA, BAI, Quarantine, etc.)

  • 8b. Are they fully coordinated? (Art 8.1 TFA; RKC Std 3.35)

    Yes (It takes time for the two agency to schedule inspections.)

  • 9a. Does the customs administration apply a de minimis regime that allows goods the value of which does not exceed a certain amount to be exempted from duties and taxes? (Art 7.8.2d TFA; RKC Std 4.13)

    Yes

  • 9b. If the answer above is "yes" what is that amount in local currency?

    PHP10,000

    • What is the rough equivalent in USD?

      180 USD (USD181)

  • 9c. Is de minimis based on intrinsic value (i. e. the cost of the goods without transport and insurance costs)?

    Yes

  • 9d. If the answer to 9a is "yes", are those goods subject to simplified procedures e.g. consolidated release/clearance or 'off manifest'? (Art 7.8.2a TFA)

    No (Customs still require 1:1 declaration for each de minimis shipment.)

  • 10a. Does the customs administration apply an informal/simplified entry threshold that allows dutiable goods the value of which does not exceed a certain amount to be exempted from formal declaration procedures (WCO IRG Cat 3) e.g. as in the US for goods valued between $800 and $2500?

    Yes

  • 10b. If the answer above is "yes" what is that amount in local currency?

    PHP50,000

    • What is the rough equivalent in USD?

      More than 600 USD (USD909)

  • 11a. Does Customs or any other agency require in connection with importation of goods that the importer provide any of the following items:

    • a. a consular invoice or a consular visa for a commercial invoice or other trade document (as evidence that particular goods are of a particular origin, or have arrived in a particular importing country, or have been applied to a particular end use)?

      Yes

    • b. a certificate from a pre-shipment inspection agency? (Art 10.5 TFA)

      Yes

    • c. a certificate of origin from a chamber of commerce or similar agency?

      Yes

  • 11b. Does Customs or any other agency accept electronic supporting documents? (Art 10.2 TFA)

    Yes (Customs still requires to be printed in Hard copy for submission.)

  • 11c. Does Customs or any other agency accept scanned copies of supporting documents?

    Yes (Customs still requires to be printed in Hard copy for submission.)

  • 12. Is the express carrier allowed to clear import shipments on behalf of the consignee without having to use a third-party licensed customs broker? (RKC Std 8.1)

    No (AEO still need to hire indivudual broker)

  • 13a. Are there processing fees for:

    • a. express clearance?

      No (However, there is pending Customs Memo for Express clearance fees.)

    • b. on-site Customs facilities?

      No

    • c. IT systems?

      No

    • d. electronic transmissions by number or volume?

      Yes

    • e. other?

      Other (add remark) (Broker advance this and bill to client)

  • 13b. Are these fees based on the value of the goods? (Art 6.2 (ii) TFA)

    Not applicable (Customs will change based on signed memo.)

  • 1a. Is there a limit on the time within which Customs is allowed to demand additional duties? (RKC Std 4.2)

    No

  • 1b. If the answer above is "yes", what is the time limit?

    Not applicable

  • 2a. May decisions of local Customs officials be appealed to a higher administrative level? (Art 4 TFA)

    Yes

  • 2b. May decisions of local Customs officials be appealed to an independent court? (Art 4 TFA)

    Yes

  • 2c. If the answer to either question 2a or 2b above is "yes" is there a time limit for filing such appeals?

    Yes

  • 2d. If the answer to question 2c is "yes" what is the time limit?

    Other/It depends (add remark) (On or before 15 days from the time of payment. Sec 1106 Protest (CMTA).)

  • 2e. If the answer to either question 2a or 2b is "yes", is there a time limit to rule on such appeals? (Art 4.4 TFA)

    Yes

  • 2f. If yes, what is the time limit?

    Other (add remark) (On or before 15 days from the time of payment. Sec 1106 Protest (CMTA).)

  • 3. Does Customs regularly use valuation databases with reference prices or other arbitrary uplifts to invoice values? (WCO Guidelines on the use of valuation databases)

    Yes

  • 4a. In case of seizures of illicit items (e.g. IPR), does Customs or any other agency require the express carrier to store the seized goods at its own premises and cost?

    Yes

  • 4b. If the answer to question 4a is "yes", how long is the period that the carrier is required to store the goods?

    Other (add remark) (Based on Memo, 1 year storage. But it takes longer for Customs to pull-out due to space issue.)

  • 4c. If the answer to 4a is yes, does Customs take care of the final disposition of the goods...

    Yes

    • ...or is the express carrier required to destroy them?

      No

  • 1. Signatory to the Revised Kyoto Convention (Customs Reform)

    Yes

  • 1. TFA ratified?

    Yes

  • 2. Has the country set up a National Trade Facilitation Committee?

    Yes

    • a. Who leads it?

      Department of Finance

    • b. Is the private sector part of it?

      No

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