Beruflich Dokumente
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Mike (not his real name) has her girlfriend working in one of Dubais
five-star hotels. Apparently, now, his face is not the same as when he first
Balikbayan boxes. But its not just about the fact of the need for payment;
he cries foul thinking about the money hell spend to be given to the Bureau
Weather Stations released, August 27, showed the Bureau of Customs as the
most corrupt government agency. The BoC was rated very bad with a
received a similar rating in 2013 with a score of -63. In 2012, the agency
got a rating one grade higher with a score of -45 or "bad". The BOC's worst
ratings from the SWS survey were during 2005 to 2009, when it got an
"execrable" rating.1
trade, this is what Senate Bill No. 168 or the Customs Modernization and
Tariff Act (CMTA) seeks to mitigate: to further transform the Customs from
1 Mikas Matsuzawa, Customs top list of most corrupt agencies again SWS.
Cnnphilipines.com. Accessed September 3, 2015. Available from
http://cnnphilippines.com/news/2015/08/27/SWS-Customs-tops-most-corrupt-
Philippine-government-agencies-list.html
what was once perceived as one of the most corrupt and underperforming
region.2
With the current hullabaloo on the Balikbayan box issue and with the
history of BOCs tainted reputation, is it high time for the SBN 168 to be
passed? Or are there other points to consider before making it part of the
law of the land? With this article, I give a Yes to the latter question.
The objectives of the CMTA are quite clear. It seeks to update the existing
tariff and customs law of the Philippines which dates back to 1957, to more
effectively address modern business and trade practices. This is also in line
2010. The RKC is the blueprint for modern and efficient customs procedure
investments from all sectors due to the reduced costs of doing business due
to trade facilitation which will also reduce trade transaction costs by 2-3%
of the value of traded goods. This in turn, will translate to lower domestic
prices of goods. Ease of doing business means faster release of goods and
full automation will also reduce the opportunities for corruption and
technical smuggling.4
At first sight, the CMTA envisions a good Bureau of Customs. Especially now
laws.5
Delving Deeper
4 Ibid.
Again, this article does not seek to discredit the perceived goodness of the
CMTA. But let us not be oblivious of this fact: the CMTA has certain
wit:
is made. Any person who possesses the right to dispose of the goods shall
supplied)
acts committed in violation of this Act and related laws. Upon the
shall issue rules Customs and regulations for the Bureau of Customs to
5 Gilberto M. Llanto, et.al., How should we move forward in customs brokerage and
trade facilitation?Policy Notes. January 2014 issue. Dirp3.pids.gov.ph. Accessed
September 21, 2015. Available from
http://dirp3.pids.gov.ph/webportal/CDN/PUBLICATIONS/pidspn1401.pdf
supervise and regulate all third parties dealing directly with the Bureau
goods. Third parties as provided in this, section may refer to, among
operators and operators and warehouse operator. The rules and regulations
shall regulations shall provide for specific conditions when third parties
may or may not directly transact with Customs and shall provide a
written notice in case such third parties are, for valid reasons, barred from
The CMTA fails to recognize the vital role that customs brokers play in and
trade. This confirms the fear of custom brokers that their role in the
by licensed customs brokers. Moreover, only customs brokers can sign the
6 Supra at Note 5.
of declarant in Section 108 in the proposed bill, anyoneincluding
person to declare the cargo on their behalf. The brokers argue that this will
not only endanger their jobs but will also jeopardize the processes, integrity
Filipino Customs Brokers Inc. (The Society), which is affiliated with the
Chamber of Customs Brokers Inc. (CCBI), will abolish mandatory use of the
Customs brokers.8
Another provision that the customs brokers are wary of is the reference to
and definition of third parties in Section 1330 of the bill. Any of those
long as they are entrusted with the job and are authorized by the importer.
7 Ibid.
8 Joel M. Sy Egco, 8,000 Customs bureau brokers may lose jobs. Manilatimes.net.
Accessed September 22, 2015. Available from http://www.manilatimes.net/8000-
customs-bureau-brokers-may-lose-jobs/201730/
as a learned profession that should be protected by an existing law, i.e.,
This fear of customs brokers are not founded on shaky grounds. Theres no
licensure examinations.10
This is not just about the brokers being alienated from the domain of their
into account this concern of the custom brokers, are virtually certain to
happen. With the society having about 8,000 members nationwide, it will be
detrimental not only to the brokers or their families, but to students and
Customs not from baseless accusations. The roll of issues in the bureau has
9 Supra at Note 5.
10 Supra at Note 8.
been continually lengthening, giving to the Government the duty to devise a
law which will modernize and streamline its operations. The Customs
Modernization and Tariff Act has long been envisioned to be that device; its
promises give hope for a better, more effective Customs. However, the
pressing need for reform and modernization does not permit lawmakers to
are protected by the law. The Senators must hear the cry of customs
brokers before the CMTA finally forms part of the law of the land.