BOC order limits officers with authority to issue alerts

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Only the chief of the Philippine Bureau of Customs (BOC), his authorized representative, and district collectors are now authorized to issue alert orders.

Customs Memorandum Order (CMO) No. 03-2018, dated and signed by Customs Commissioner Isidro Lapeña on January 23, revokes CMO 29-2017 and effectively removes the authority of the deputy commissioner for the Intelligence Group to issue alert orders.

Under the Customs Modernization and Tariff Act, only customs officers duly authorized by the customs commissioner may issue alert orders.

Issued in November 2017, CMO 29-2017 had amended several provisions of CMO 14-2017, which abolished the Command Center, a special unit created by former customs chief Nicanor Faeldon to act as a governing body, and returned the authority to issue alerts to authorized BOC officials. CMO 29-2017 had also effectively revoked the authority to issue alert orders from the deputy commissioner for Enforcement Group.

READ: List of customs officers able to issue alert orders amended

Earlier, Lapeña said stakeholders should no longer be afraid of getting alert orders, as BOC officials have been ordered to handle alerted shipments within 48 hours to facilitate the flow of shipments and prevent corruption.

Customs stakeholders fear alert orders because it takes time to get them lifted, according to the customs chief.

READ: Alerted shipments for inspection within 48 hours, says BOC chief

He explained that alert orders are issued based on information indicating an irregularity or discrepancy in a shipment. If the information is verified to be false, then the shipment has to be released. If the information proves true, Lapeña said the shipment will be held and subjected to a 100% physical examination, and if warranted, be issued with a warrant of seizure and detention.

He added that the customs officer who issues the alert order should be responsible for ensuring that the shipment is inspected within 48 hours. The alerting officer should also be responsible for releasing the shipment in case of a false report and for implementing necessary measures for information that proves positive.

He said this is to preempt finger-pointing on who should be responsible for the alerted shipment. – Roumina Pablo