The implementing rules and regulations (IRR) of the Customs Modernization and Tariff Act (CMTA) will be contained in about 42 Customs Administrative Orders (CAOs) that the government plans to complete by 2018, according to the Department of Finance (DOF).
Finance Undersecretary Antonette Tionko, who heads the DOF’s Revenue Operations Group, said that 42 draft CAOs have already been posted in the CMTA microsite www.dof.gov.ph/cmta_irr, with eight already signed.
She said some of these CAOs may end up being consolidated or some of them may be broken down into separate customs administrative or memorandum orders.
The voluminous text of the CMTA, which runs to about 200 pages, had prompted the DOF to issue the IRRs through CAOs issued by the Bureau of Customs (BOC) on a per-topic basis.
Public consultations have been conducted on the CMTA by the BOC and the draft CAOs have been uploaded in the CMTA microsite, which can be accessed through the DOF website, to enable all stakeholders involved to comment and provide their inputs online.
“We did it online so people outside Manila can comment. It’s a good process,” Finance Secretary Carlos Dominguez said.
Among CAOs already issued by the BOC involve the establishment of the Authorized Economic Operators Program (CAO 5-2017), the clearance of postal items (CAO 3-2017), customs clearance of accompanied and unaccompanied baggage of travelers and crew (CAO 01-2017), conditionally tax- and/or duty-exempt importation of returning residents and overseas Filipino workers (CAO 06-2016), consolidated shipment of duty- and tax-free ‘balikbayan’ boxes (CAO 05-2016), establishment of an advance ruling system for valuation and rules of origin (CAO-03-2016) and imported gods with de minimis value and not subject to duties and taxes (CAO 02-2016).
“The CAOs relating to the CMTA that are issued by the BOC and approved by the Secretary [of Finance] are issued on a per-topic basis. So there will be, more or less, about 42 CAOs,” Tionko said.
Among the draft CAOs still under study or revision include those involving the clearance process for goods entered under the Customs Bonded Warehousing System, rules and regulations for customs transit in the customs territory, compulsory acquisition, outsourcing of non-sovereign customs function to private entities, rewards to persons instrumental in the actual collection of additional revenues, assignment and reassignment and designations of BOC personnel, customs container control division, customs facilities and warehouses and security to guarantee payment of duties and taxes.
Also under study are the draft CAOs on the temporary storage of goods, marking duty, Accredited Information Processors, customs service fees, on-board couriers, registration of importers, express shipments, cargo manifests, seizure and forfeiture proceedings, free zones and transit, disposal of cargoes, relief consignment, customs jurisdiction and exercise of police authority, dispute settlement and appellate remedies, among others.
The CMTA microsite also contains information about, and templates to suggest recommendations on, the proposed IRR of the CMTA.
Republic Act 10863, also known as the Customs Modernization and Tariff Act (CMTA), which was signed into law in May 30, 2016, is designed to modernize BOC rules and procedures to facilitate trade, cut red tape and corruption, and improve the delivery of BOC-related services.
For inquiries, comments and suggestions on the proposed IRR of the law, one can email the CMTA Project Management Office and Secretariat at cmta.irr.pmo@customs.gov.ph and cmta_irr@dof.gov.ph.
The easy-to-navigate microsite contains the drafting process, timelines, and guidelines on the crafting of the IRR, and also includes a list of priority concerns on the CMTA and the point persons assigned to each topic.
