Consistently impose fines for failure to submit cargo manifest, orders BOC AOCG

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  • The Bureau of Customs Assessment and Operations Coordinating Group reminded its officers to impose fines in case of failure by foreign carriers or their agents  to supply advance cargo manifest
  • AOCG deputy commissioner Vener Baquiran said it has come to his office’s attention that “various ports inconsistently implement the imposition of fines” under Customs Administrative Order No. 15-2020
  • CAO 15-2020 provides the prescribed schedule of advanced submission of manifests and the fines for failure to do so

The Bureau of Customs (BOC) Assessment and Operations Coordinating Group (AOCG) reminded its officers to consistently impose fines in case of failure by foreign carriers or their agents to supply advance and requisite cargo manifest.

In AOCG Memo No. 144-2023 dated April 20, AOCG deputy commissioner Vener Baquiran said it has come to his office’s attention that “various ports inconsistently implement the imposition of fines” under Customs Administrative Order (CAO) No. 15-2020).

RELATED READ: BOC issues rules on supervision of foreign carriers at ports

The memo was addressed to all collectors and chiefs of the Piers Inspection Division and Aircraft Operations Division or their equivalent offices. CAO 15-2020 provides the new rules on the supervision and control of all vessels and aircraft engaged in foreign trade arriving to and departing from Philippine territory.

Under the CAO, a true and complete copy of the cargo manifest, consolidated cargo manifest (CCM), and stowage plan should be electronically sent in advance by the shipping company, non-vessel operating common carrier (NVOCC), freight forwarder, cargo consolidator, or their authorized agents within the following cut-off period before the carrying vessel arrives at the port of entry:

  • If the transit time is more than 72 hours, the shipping line must submit the cargo manifest electronically to BOC at least 48 hours before arrival of the vessel. In case of the CCM, it must be submitted at least 24 hours before arrival of the vessel.
  • If the transit time is less than 72 hours, the shipping line must submit the cargo manifest electronically to BOC at least 24 hours before arrival of the vessel. In case of CCM, it must be submitted 12 hours before arrival of the vessel.

For aircraft, a true and complete copy of the cargo manifest should be electronically sent in advance by the airline, air express operator, air freight forwarder, and deconsolidator within the following period prior to the arrival of the aircraft at the port of entry:

  • If the port of loading is in Asia, the electronic cargo manifest must be submitted one hour before arrival of the aircraft
  • If the port of loading is other than Asia, the electronic cargo manifest must be submitted four hours before the aircraft’s arrival

For the e-CCM, cut-off times for submission are as follows:

  • If the airline submits the electronic cargo manifest on time, the cut-off time for e-CCM submission will be one hour after the aircraft’s arrival
  • If the e-cargo manifest is submitted late, the e-CCM will be accepted without penalty provided that the submission in the customs system will not exceed 24 hours after the e-cargo manifest is registered by the Office of the Deputy Collector for Operations. This same privilege will apply in case the e-cargo manifest is not validated in time due to system errors, late encoding of date of last discharge, force majeure, and other similar circumstances that are not the fault of the airline.

Failure to submit the cargo manifest, CCM and other documents as may be required by BOC within the period prescribed under CAO 15-2020 will be subject to the payment of imposable fines without prejudice to whatever additional course the customs bureau may pursue against the shipping line, airline, NVOCC, consolidator, co-loaded, or breakbulk agent.

Failure to transmit the electronic manifest within the required time prior to the arrival of the vessel or the aircraft at the port of entry will be liable for the following fines:

  • First offense – P100,000
  • Second offense – P200,000
  • Third offense – P300,000