CAO Importers August112021
CAO Importers August112021
NO. ___________
Section 1. Scope. This CAO shall cover all Importers who will deal with the
Bureau in relation to the importation, movement and clearance of goods. 1
Section 2. Objectives.
Section 3. Definition of Terms. For purposes of this CAO, the following terms
are defined as follows:
1
cf. CMTA, Title XII, Chapter 3, Section 1226; cf. CMTA, Title I, Chapter 2, Section 102 (uu).
2
CMTA, Title I, Chapter 2, Section 102(i).
3.4. Importer — shall refer to the person who imports goods into
customs territory or the consignee, the holder of the bill of
lading or air waybill, or other equivalent transport document if
duly endorsed by the consignee therein, or, if consigned to
order, duly endorsed by the consignor.3
3
cf. CMTA, Title IV, Chapter 1, Section 404.
4
Schmid vs RJL Martinez Fishing Corp., GR No. 75198 October 18, 1988.
5
Kilosbayan vs, Guingona, 232 SCRA 110 (1994).
6
Aurbach, et. al. v. Sanitary Wares Manufacturing Corporation, [180 SCRA 130 (1989).
7
cf. Black’s Law Dictionary.
8
cf. CMO No. 04-2014; CMO No. 44-2009, Section 2.1.
9
cf. CMO No. 11-2014.
4.2. The customs accreditation shall be valid for a period of two (2)
years from the date of its approval, unless otherwise suspended,
revoked or cancelled as provided herein, subject to strict
compliance with Section 78.4 of this CAO.
10
cf. CMTA, Title I, Chapter 2, Section 102 (uu).
t. Printed CPRS of the Company and o. Printed CPRS of the Company and
updated notification of “STORED” updated notification of “STORED”
status, unless dispensed with by status, unless dispensed with by
AMO or equivalent office; AMO or equivalent office;
ff.
Late filing of accreditation and filing within the grace period shall be subject to the
following fines:
12
Republic Act No. 11032, Section 9.
13
Republic Act No. 11032, Section 9(c).
14
cf. CMTA, Title XII, Chapter 3, Section 1226.
15
cf. CMO No. 11-2014.
The Bureau shall ensure that the Value Added Service Provider
(VASP) or the automated customs system shall send email
notification to the Importer and broker immediately after
lodgement of goods declaration.
7.5. Third Party Importer. A Third Party Importer shall at all times
maintain a record of the contract it entered into with the
ultimate consignee/s or beneficial owner/s of the goods. The
supporting documents of the goods declaration such as but not
limited to, bill of lading, invoice, or packing list shall clearly
indicate that the importation is for account of another party or
ultimate consignee. Otherwise, the importation shall be deemed
for the own account and benefit of the Importer.
16
cf. CMO No.11-2014.
The importer shall pay within fifteen (15) days upon receipt of the demand letter
from the Commissioner, upon recommendation by Assistant Commissioner, Post
Clearance Audit Group (PCAG), or by the District Collector or his/her authorized
22
cf. CAO 9-2020, Section 6.4.2.
23
cf. CAO 1-2020, Section 4.1.
24
cf. CMO No. 11-2014.
25
cf. CMTA, Title I, Chapter 2, Section 107.
26
cf. CMTA, Title IV, Chapter 3, Section 436.
Section 12. Penalties. The following penalties shall be imposed for violation of the
responsibilities enumerated under this CAO without prejudice to criminal or other
actions that may be initiated by the Bureau against the Importer.
27
cf. CMTA, Title X, Chapter 2, Section 1002 in relation to Section 1427 and 1428.
28
cf. CMTA, Title XIV, Chapter 1, 1403.
Grave Infractions:
a. Failure to strictly abide by the rules and Revocation
regulations on the full description of
goods or lodging or filing of inaccurate
goods declaration, misclassification,
misdeclaration, undervaluation or
intentional over-quantity of shipments
where entire shipment is forfeited in
favor of the government. Provided, that
the forfeiture is due to willful
misdeclaration or undervaluation of
imported or exported articles that
resulted or would have resulted in the
loss of government revenues. (Section
8.1)
b. Filing, procuring, or assisting in the filing Revocation
of any claim, or of any document,
affidavit, or other paper known by him
to be false and fraudulent, or knowingly
giving, soliciting, or procuring the giving
of any false or misleading information or
testimony in any matter pending before
the Bureau or official representative
29
cf. Item VI, CMC No. 32-2017.
15.5. In case where the penalty of suspension has been set aside,
lifted temporarily or served, the accreditation status of the
Importer shall be immediately reactivated. Provided that, if the
suspension was set aside after the expiration of the
accreditation or after the grace period allowed to renew the
same, the Importer shall submit a new application with the AMO
or equivalent office.
15.6. In case where the revocation of the accreditation has been set
aside, the reactivation of accreditation may only be made upon
submission by the Importer of documentary requirements for
new application and once approved, shall be valid for a new
period of two (2) years.
16.2. The Importer shall clearly indicate in the request that should it
be given due course, 100% physical examination shall be
conducted on the goods, regardless of the selectivity screen, on
its own account, and that any unauthorized processing of
shipments other than those approved by the Commissioner shall
be a ground to revoke the accreditation. 30
30
CMTA, Title IV, Chapter 2, Section 420 (e).
16.4. Once approved, the AMO or equivalent office shall inform the
Importer concerned through electronic mail at its registered e-
mail address and the lodgement shall be allowed only for Bills of
Lading (BL) listed in the request. The District Collector shall
report to the AMO or equivalent office the status of the BL
approved by the Commissioner for processing for monitoring
purposes.
Section 17. Compliance with Due Process. The Bureau shall issue procedure to
afford due process to the Importer whose accreditation may be suspended, revoked
or blacklisted. Provided, that the imposition of penalties shall be subject to the
approval of the Commissioner.
To facilitate the conduct of the hearing or any other related proceedings by the
Legal Service, the District Collector concerned and the AMO or equivalent office
shall provide copies of relevant documents to the Legal Service, including
the accreditation profile of the importer, specifically the number of times
the importer has been suspended.
31
cf. CMTA, Title I, Chapter 1, Section 114.
32
DOF Department Order No. 11-2018.
Section 22. Effectivity. This CAO shall take effect fifteen (15) calendar days after
its publication at the Official Gazette or a newspaper of national circulation.
Approved:
CARLOS G DOMINGUEZ
Secretary of Finance