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PHILEXPORT 4th Quarter General Membership Meeting October 30, 2008

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Customs & tariff Modernization act of 2008. PHILEXPORT 4th Quarter General Membership Meeting October 30, 2008. BOC Modernization Efforts. RATS program BOC Processes and systems enhancements Legal and Regulatory Reforms BOC Integrity Development Plan.

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slide1

Customs & tariff

Modernization act

of 2008

PHILEXPORT

4th Quarter General Membership Meeting

October 30, 2008

boc modernization efforts

BOC Modernization Efforts

  • RATS program
  • BOC Processes and systems enhancements
  • Legal and Regulatory Reforms
  • BOC Integrity Development Plan

Customs and Tariff Modernization Act 2008

slide3

“Customs & Tariff Modernization Act

is the backbone of

Philippine Modern Customs”

Customs and Tariff Modernization Act 2008

slide4

CTMA 2008 crafted pulling together --

  • Books I and II of the TCCP, as amended
  • Inputs from TWG and Workshop Discussion Meetings with key BOC Officials
    • RKC General Annex—mandatory standards
    • RKC Specific Annex—not otherwise reserved
    • BoCWishlist—(e.g. authority to outsource)
    • Anti-Smuggling Bill
    • Legislative Agenda courtesy of PACT Project
    • Amendatory Bill on RA 9280 (Customs Brokers’ Act)
    • International Agreements/Best Customs Practices

Customs and Tariff Modernization Act 2008

slide5

“1978 Tariff and Customs Code of the Philippines is no longer responsive to the present demands of trade and commerce.”

Customs and Tariff Modernization Act 2008

slide6

EXPORT and IMPORT for RE-EXPORT Provisions in the CTMA

Customs and Tariff Modernization Act 2008

slide7

NEW PROVISIONS ON EXPORT & IMPORT FOR RE-EXPORT

Sec. 124. Application of Information and Communication Technology

Sec. 131. Free and Regulated Importations and Exportations

Sec. 407. Mode and Manner of Payment Trade Terms

Sec. 500. Export Declaration

Sec. 501. Lodgement and Processing of Export Declaration

Sec. 600. Customs Transit in the Customs Territory

Sec. 603. Customs Transhipment

Sec. 802. Types of warehouses

Sec. 813. Free Zones

Sec. 901. Prescription of Drawback claim

Sec. 1711. Tariff nomenclature and rates of export duty

Customs and Tariff Modernization Act 2008

slide8

Section 124. APPLICATION OF INFORMATION

AND COMMUNICATION TECHNOLOGY

  • Application of cost-effective and efficient information and communication technology to enhance customs control and operations for a paperless customs environment.
  • Introduction of ICT shall be carried out in consultation with parties directly affected.

Customs and Tariff Modernization Act 2008

slide9

TYPES OF IMPORTATION

  • SEC. 131. FREE AND REGULATED IMPORTATIONS AND EXPORTATIONS
  • FREE IMPORTATIONS/EXPORTATIONS
    • -articles which may be imported and exported without need for permits, clearances or licenses.
  • REGULATED IMPORTATIONS/EXPORTATIONS
  • -articles that are subjected to government regulations which may be brought in or exported only after securing the required permits, clearances, licenses, prior to importation or exportation and if allowed by governing laws or regulations, after arrival of the articles but prior to release from customs custody in case of importation.

Customs and Tariff Modernization Act 2008

slide10

IMPORT CLEARANCE AND FORMALITIES

SEC. 407. MODE AND MANNER OF PAYMENT; TRADE TERMS

SUBJECT TO EXISTING LAWS AND RULES ON FOREIGN CURRENCY EXCHANGE, THE INTERNATIONALLY-ACCEPTED STANDARDS AND PRACTICES ON THE MODE OF PAYMENT OR REMITTANCE COVERING IMPORT AND EXPORT TRANSACTIONS, INCLUDING STANDARDS DEVELOPED BY INTERNATIONAL TRADING BODIES SUCH AS THE INTERNATIONAL CHAMBER OF COMMERCE (ICC) ON TRADING TERMS E.G., INCOTERMS 2000, AND ON INTERNATIONAL LETTERS OF CREDIT SUCH AS THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (UCP 600), SHALL BE RECOGNIZED.

Customs and Tariff Modernization Act 2008

slide11

Section 500. EXPORT DECLARATION

  • All articles exported from the Philippines, whether subject to export duty or not, shall be declared through competent custom office.
  • Export declaration shall be in such form as prescribed by regulations:
    • > signed by the person making the declaration.
    • > contain the number and marks of packages, or the quantity
    • >if in bulk, nature and correct commodity description of articles contained therein and value thereof.
  • Section 501. LODGEMENT AND PROCESSING OF EXPORT
  • DECLARATION
  • Rules and regulations allowing manual and electronic lodgement and processing of export declaration shall be promulgated.

Customs and Tariff Modernization Act 2008

slide12

TITLE 6. CUSTOMS TRANSIT AND TRANSSHIPMENT

  • “Transit” is defined as the customs procedure under which goods are transported under customs control from one customs office to another or to a free zone. (Sec.102, CTMA)
  • “Transshipment” means the customs procedure under which goods are transferred under customs control from the importing means of transport to the exporting means of transport within the area of one customs office which is one of both importation and exportation. (Sec. 102, CTMA)

Customs and Tariff Modernization Act 2008

slide13

Section 600. Customs Transit in the Customs Territory

Customs shall allow articles to be transported under customs transit in the customs territory:

    • From port of entry to another port of entry for exit point for outright exportation;
    • From port of entry to another port of entry/inland customs office;
    • From inland customs office to a port of entry as exit point for outright exportation;
    • From one port of entry/inland customs office to another port of entry/inland customs office.
  • Articles being carried under customs transit shall not be subject to the payment of duties and taxes, provided the conditions laid down by customs are complied with and any security and/or insurance required has been furnished. 

Customs and Tariff Modernization Act 2008

slide14

(Formalities at the office of departure)

  • Any commercial or transport document setting out clearly the necessary particulars shall be accepted as the descriptive part of the goods declaration for customs transit and this acceptance shall be noted on the document.

Customs and Tariff Modernization Act 2008

slide15

(Sealing and identification of consignments)

  • The customs shall accept as the goods declaration for customs transit any commercial or transport document for the consignment concerned which meets all the customs requirements. This acceptance shall be noted on the document. Customs at the office of departure shall take all necessary action to enable the office of destination to identify the consignment and to detect any unauthorized interference.
  • Transfer of articles from one means of transport to another shall be allowed without customs authorization provided that any customs seals or fastenings are not broken or interfered with. Failure to follow itinerary or to comply with a prescribed time limit should not entail the collection of any duties and taxes potentially chargeable, provided the customs are satisfied that all other requirements have been met.

Customs and Tariff Modernization Act 2008

slide16

Sec. 603. CUSTOMS TRANSHIPMENT

Goods admitted for transshipment shall not be subject to the payment of duties and taxes provided conditions laid down by the customs are complied with. Any commercial or transport document setting out clearly the necessary particulars shall be accepted as the descriptive part of the goods declaration for transshipment and this acceptance shall be noted on the document.

Exportation of goods declared for transshipment shall be made within 30 days from arrival of carrier from the foreign territory, subject to extension for valid reasons and upon approval of the commissioner of customs.

Customs and Tariff Modernization Act 2008

slide17

CHAPTER 2. CUSTOMS BONDED WAREHOUSE

  • Sec. 802. Types of warehouses.
      • INDUSTRY-SPECIFIC CUSTOMS BONDED WAREHOUSE
      • BONDED WAREHOUSES
      • Common CUSTOMS BONDED WAREHOUSE
      • CONTAINER YARD/CONTAINER FREIGHT STATION

Customs and Tariff Modernization Act 2008

slide18

FREE ZONES

  • (PEZA ZONES AND FREEPORT ZONES)
  • Section. 813. Free Zones
  • Unless otherwise provided by law, existing free zones and those which may hereinafter be established or created by law shall not be subject to duty and tax.
  • Entry into such free zones, whether directly or through the customs territory, shall be covered by the necessary Transit Permit and withdrawal from free zones into the customs territory shall be covered by the necessary Goods Declaration for consumption or warehousing.
  • Transfer of articles from one free zone into another free zone shall likewise be covered by the necessary transit permit.

Customs and Tariff Modernization Act 2008

slide19

TITLE 9.DRAWBACK AND REFUND

  • Section 901. Prescription of Drawback claim
  • All claims and application for drawback shall prescribe if the claim is not filed within one year from date of importation in case of the importation on fuel for propulsion of vessels and petroleum oils and oils obtained from bituminous minerals crude for electric power and for the manufacture of city gas and within one year from date of exportation of articles made from imported materials.

Customs and Tariff Modernization Act 2008

slide20

Title 17. TARIFF ADMINISTRATION AND POLICY

  • Section 1711. Tariff nomenclature and rates of export duty
  • The president shall issue an executive order prescribing the Tariff Sections, Chapters, headings and subheading and the rate of EXPORT duty based on the harmonized system, the AHTN and other International Agreement, and consistent with section 1608 of this act.
  • The president upon recommendation of NEDA may subject any of the EXPORT products to ANY RATE OF EXPORT DUTY. In the exercise of this authority the president shall take into account:
  • Policy of encouraging domestic processing
  • Prevailing prices of export products in the world market
  • Advantages obtained by export products form international agreements to which Philippines is signatory;
  • The preferential treatment granted to our export products by foreign governments; and
  • Need to meet domestic consumption requirements.

Customs and Tariff Modernization Act 2008

slide21

CTMA Provisions amending TCCP

Sec. 132. Prohibited Importations and Exportations

Sec. 211. Jurisdiction of the Collector over Articles

Sec. 402 Entry of Article in Part for Consumption and in part for warehousing

Sec. 411. Conditions for examination

Sec. 601 Bonding of carrier

Sec. 604 Articles Entered for Outright Exportation

Sec. 800 Conditionally Free Importation

Sec. 808 Period of Storage in Bonded Warehouse

Sec. 908 Investigation Required in Case of Abatements and Refunds

Sec. 1001. Place where authority may be exercised

Sec. 1523. Unlawful Importation and Exportation

Customs and Tariff Modernization Act 2008

slide34

CTMA is the answer to a

Philippine Modernized Customs, thus it must be passed into law.

Customs and Tariff Modernization Act 2008

slide35

Modernization of Customs is not the sole responsibility of the government.

It can only be achieved through partnership with the trading community and other relevant sectors.

Customs and Tariff Modernization Act 2008

slide36

Thank you

Customs and Tariff Modernization Act 2008

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