Customs changes protocol for alert orders

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Cebu_containersThe Bureau of Customs (BOC) will implement effective November 3 new procedures for issuing and lifting alert orders on entries formally filed in its electronic-to-mobile (e2m) system.

Except for shipments tagged as “red” by BOC’s Risk Management Office or those ordered for a spot check by a district collector, no shipment may be issued an alert order by a BOC officer without complying with provisions in Customs Memorandum Order (CMO) No. 21-2014.

Holding any shipment without following the process outlined in CMO 21-2014 will be a “grave offense” under CMO 25-2010 punishable with dismissal on first offense.

Non-compliance with any of the order’s provisions will be considered an “incidence of simple neglect of duty,” and punishable also under CMO 25-2010 with dismissal on second offense.

Signed by Customs Commissioner John Phillip Sevilla on October 8, CMO 21-2014 repeals CMOs 92-91 and 104-92, which both cover the lifting of alert orders.

Under the new regulations, an alerting officer must first issue an alert order before examination of shipments categorized under Customs and Tariff Code of the Philippines Section 1401.

A shipment is subject to an alert order under the following instances:

  • The government’s surveyor seal on the container appears tampered with or broken, or the container shows signs it has been opened or its identity changed.
  • The container is leaking or damaged.
  • The number, weight, and nature of packages indicated in the customs entry declaration and supporting documents differ from data in the manifest.
  • The importer disagrees with the findings contained in the government surveyor’s report.
  • The articles are imported through airfreight, and the Commissioner or collector has knowledge of a variance between the declared and true quantity, measurement, weight, and tariff classification.

Meanwhile, the owner of the shipment has the right to know that an alert order has been issued on his shipment, and to a speedy disposition of such.

Likewise, the public has the right to know of any alert order on a shipment, or a part of a shipment, that has been seized or charged additional duties, taxes, or penalties.

Any part of a shipment issued an alert order must not be released until the shipment is physically examined and the alerting officer authorizes its release, which may be subject to certain conditions.

Authorized to issue and lift alert orders are the Customs commissioner, deputy commissioners of BOC Intelligence Group (IG) and Enforcement Group (EG), and district collectors.

The final disposition of the alert orders must be decided by the alerting officer who issued the order. Neither the issuance nor the lifting of an alert order requires prior authorization by the Customs commissioner.

The deputy commissioners of IG and EG can also delegate personnel to issue an alert order through the Hold and Alert System of the e2m, and tag shipments as “Recommended for Lifting” or “Recommended for Additional Payment”. The delegated personnel are not, however, empowered to make any final decisions.

The CMO also clarified that an alert order can be issued manually “if, and only if, the e2m is not accessible.”

The examination must also be done as soon as possible, and unless there are justifiable reasons for delay, it must be carried out within one week of the issuance of an alert order. – Roumina Pablo