BOC Restores Immediate Suspension Policy
The Bureau of Customs (BOC) has reinstated a key policy that enforces the immediate suspension of registered brokers or importers upon the first offense of violating customs rules. This renewed directive highlights the bureau’s commitment to strict enforcement and accountability.
In a memorandum dated September 5, BOC Commissioner Ariel Nepomuceno officially restored Customs Memorandum Order 12-2021, which outlines the Guidelines on the Imposition of Penalties relative to the Customs Accreditation of Importers and Brokers. This policy empowers the BOC to impose preliminary suspensions on importers or brokers who breach customs regulations.
Grounds for Immediate Suspension
Under this reinstated policy, companies face penalties even on their first violation, with suspensions lasting up to 90 days. Specific grounds for suspension include shipments containing prohibited or restricted goods without proper permits or clearances. Additionally, importers or brokers who have had shipments forfeited within the past year for violating the Customs Modernization and Tariff Act (CMTA) are subject to suspension.
Moreover, the commissioner retains discretion to suspend parties under other similar circumstances deemed appropriate. Those targeted for suspension receive a warrant of seizure and detention, an official order applied to shipments or properties illegally brought into the country.
Policy Reversal and Enforcement Balance
This move nullifies the previous Memorandum 06-2024, which temporarily stopped automatic preliminary suspensions unless formal administrative charges were filed. Officials reported that the restoration of the immediate suspension policy reinstates the BOC’s full authority to act decisively against accreditation violations.
Commissioner Nepomuceno emphasized that this policy shift aims to balance firm enforcement with due process. He stated, “We want our stakeholders to see that the bureau is serious about balancing firm enforcement with due process.” This approach assures that legitimate shipments will not face unnecessary delays while maintaining strict compliance standards.
Assurances to Brokers and Importers
To prevent disruption in the flow of imported goods, the BOC assured that it will promptly honor requests to admit shipments already in transit or at ports before the new policy’s implementation. Community members noted this assurance aims to maintain smooth trade operations amid the policy changes.
Industry Response and Broker Numbers
Earlier this year, the Philippine Chamber of Customs Brokers (PCCBI) appealed to the BOC to reconsider suspensions or revocations of accreditation for at least 15 brokers who had been denied reinstatement after appeals. According to estimates from the PCCBI, the country has approximately 17,000 registered customs brokers actively engaged in trade facilitation.
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