The 105 containers at the heart of an ongoing probe by the Bureau of Customs (BOC) were released by Asian Terminals Inc (ATI) only after it received the release instruction from BOC’s electronic-to-mobile (e2m) system.
The ATI clarification was issued after the bureau said the 105 containers were withdrawn from the Port of Manila (POM), which ATI operates, without clearance.
On March 22, BOC said it discovered on March 19 the withdrawal from POM of 105 alerted containers from China without the proper release clearances and documents.
The POM Office of the District Collector found that 103 containers were illegally released on March 17, while the two other containers were immediately apprehended before they could exit through the terminal gates.
BOC earlier said it is investigating possible collusion between ATI personnel, importers of the 105 containers, and customs personnel.
READ: BOC probes unauthorized withdrawal of 105 containers from Port of Manila
“ATI released the containers after BOC issued a release instruction through the On-Line Release System (OLRS), part of BOC’s e2m Alert System, over which ATI does not have any control,” ATI said in a statement.
The port operator said release through the OLRS means that all duties and taxes have been paid and that there are no holds on the container.
Earlier, BOC said that even though the duties and taxes of the 105 containers had been paid, alert orders were issued afterward because the containers were found to be grossly undervalued.
ATI explained that under Customs Memorandum Order (CMO) 35-2015 (Revised Rules for the Electronic or Manual Issuance and Lifting of Alert Orders at all Ports of Entry), once an OLRS release has been issued, a shipment can only be held through a Special Stop placed by the customs commissioner, which ATI said was not issued.
According to Section 3.9 of CMO 35-2015: “No alert order shall be issued against shipments which have already been tagged in the On-Line Release System (OLRS). The Alerting Office who finds reasonable grounds to hold a shipment already tagged in the OLRS, shall make a recommendation to the Office of the Commissioner for issuance of ‘Special Stop’.”
ATI also said that “contrary to earlier statements, there is nothing in ATI’s record to show that any ATI employee was responsible for the lifting of any alert on cargoes.”
It added that the tagging and untagging of cargoes in the terminal’s system is pursuant to instructions from the BOC and based on documentation issued by the bureau.
Customs Commissioner Isidro Lapeña on March 26 said investigation showed that a certain Darwin Dalmacio, a shift manager at ATI, received a forged memo with fake signature from BOC-POM’s Formal Entry Division that indicated the continuous processing of the alerted shipments.
Dalmacio also allegedly untagged in ATI’s system the alert label on the shipments, prompting their release.
ATI in a statement to PortCalls on March 27 confirmed that Dalmacio is a shift manager, but explained “he does not lift any alerts” and “merely receives documents from BOC and implements contained instructions in the normal course of business, following established practices.”
“In light of the BOC’s e2m Alert System and the Special Stop access of the Commissioner, this process only serves as an internal measure and is an assistance to BOC in enforcing its control over cargoes. This tagging/untagging process does not, in any way, subjugate the electronic alerts and special stop that must and should be put in place by the BOC,” the port operator further explained.
“As partners in trade facilitation, ATI constantly maintains open communication lines with its stakeholders, especially with customs and port authorities, to support a robust Philippine port industry,” ATI added.
On April 2, BOC in a statement said that all cargoes of the 105 containers have been accounted for after its agents found on March 27 the contents of the remaining 20 containers in two warehouses in Meycauayan, Bulacan owned by Homms Trading Corp.
The agency has already revoked the accreditation of the importers that brought in the 105 containers. These importers are Abundancegain Indent Trading Corp., Imperial Foods and Agricultural Products, Megaabundancesteel Indent Trading Corp., Paragon Platinum International, Premiere Oak Lumber and Wood Products, and Spectrum Highlands Marketing Corp.
The accreditation of the shipments’ customs brokers Bernardine Miranda, Mohamad Salman, and Homaidi Sarip Ibrahim has also been suspended. Appropriate charges will be filed if warranted by the investigation.
As of March 26, Lapeña said, three more BOC Port of Manila officers have been recommended for preventive suspension. These are POM Data Monitoring unit head Crisanto Brecia, and customs operations officers III Gina Atendido and Ma. Corazon Andal.
Previously recommended for preventive suspension are POM FED chief Antonio Meliton Pascual and assistant chief Marilyn Estur.
Pascual and Estur have denied involvement in the incident, claiming the signatures in the memoranda releasing the shipments were forged, “noting the apparent inconsistencies in the documents submitted to the ATI.” Lapeña said this claim is still subject to investigation.
Lapeña clarified that the preventive suspension does not mean the customs officers are guilty; the suspension is necessary to make sure the officers do not influence the ongoing investigation.
ATI and BOC personnel found involved as well as the alerted shipments’ importers and customs brokers may face criminal and administrative charges.
