Bureau of Customs explained

Agencyname:Bureau of Customs
Nativename:Kawanihan ng Adwana
Commonname:Bureau of Customs
Abbreviation:BoC, BOC
Logocaption:Seal of the Bureau of Customs
Flagcaption:Ensign of the Bureau of Customs
Budget: billion (2021)[1]
Country:Philippines
National:Yes
Headquarters:POM Building, Port Area,
Manila, Philippines
Minister1name:Ralph G. Recto
Minister1pfo:Secretary of the Department of Finance
Chief1name:Bienvenido Y. Rubio
Chief1position:Commissioner
Speciality1:customs
Parentagency:Department of Finance

The Bureau of Customs (abbreviated BoC or BOC; Filipino; Pilipino: Kawanihan ng Adwana) is a Filipino government agency that is responsible for the collecting of customs duties, excise duties, and other indirect taxes in the Philippines. It is part of the Philippines Department of Finance.

The Bureau of Customs was established on February 6, 1902 by the Insular Government of the Philippine Islands when it was under control of the United States of America, during the American Colonial Era of the Philippines.[2]

History

Prior to European colonization, people in the Philippines traded with others from Southeast Asia. Since money was not yet the medium of exchange, people bartered commodities. The rulers of the barangays collected tributes from the people before they were allowed to engage in trade. The practice of collecting tributes became part of the Customs Law of the Land.

The Spanish colonial era

During the Spanish Colonial Era of the Philippines, Spain passed three important statutes:

The American colonial era

When the Americans came to the Philippines, the Military Government continued to enforce the Spanish Tariff Code of 1891, which remained in effect until the Philippine Commission enacted the Tariff Revision Law of 1901.

On October 24, 1900, the Philippine Commission passed Act No. 33 abolishing and changing the position of Captain of the Port to Collector of Customs in all ports of entry except the Port of Manila. The designation of the Captain of the Port in the Port of Manila was retained.

When the Civil Government was established in the Philippines, the most important laws passed by the Philippine Commission were the following:

When the Department of Justice became a separate office from the Department of Finance, the customs service remained under the umbrella of the latter which set-up remained up to this time.

The Commonwealth Government

After the Philippine Commonwealth was established, the Philippine Legislature enacted Commonwealth Act No. 613 forming the Bureau of Immigration as a separate office from the Bureau of Customs.

On May 1, 1947, the Bureau of Customs has as its head the Insular Collector of Customs. He was assisted by the Deputy Insular Collector of Customs. Both officials were concurrently Collector of Customs and the Deputy Collector of Customs of the Port of Manila. The Republic Pursuant to the Executive Order No. 94 of Republic Act No. 52, the President of the Philippines reorganized the different departments, bureaus, offices and agencies of the government of the Republic of the Philippines. Consequently, the Insular Collector of Customs was changed to Collector of Customs for the Port of Manila. The reorganization took effect on July 1, 1947.

In 1957, Congress enacted the Tariff and Customs Code of the Philippines known as Republic Act No. 1937, otherwise known as the “Tariff Law of the Republic of the Philippines”. This took effect on July 1, 1957. The passage of this act by the defunct Congress of the Philippines subject to the provisions of the Laurel-Langley Agreement, became the first official expression of an autonomous Philippine Tariff Policy.

Before the passage of Republic Act 1937, all importations from the United States enjoyed full exemptions pursuant to the Tariff Act No. 1902 which was adopted by Republic Act No. 3 as the Tariff Laws of the Philippines.

The Republic

Pursuant to the Executive Order No. 94 of Republic Act No. 52, the President of the Philippines reorganized the different departments, bureaus, offices and agencies of the government of the Republic of the Philippines. Consequently, the Insular Collector of Customs was changed to Collector of Customs for the Port of Manila. The reorganization took effect on July 1, 1947.

In 1957, Congress enacted the Tariff and Customs Code of the Philippines known as Republic Act No. 1937, otherwise known as the “Tariff Law of the Republic of the Philippines”. This took effect on July 1, 1957. The passage of this act by the defunct Congress of the Philippines subject to the provisions of the Laurel-Langley Agreement, became the first official expression of an autonomous Philippine Tariff Policy.

2017 drug smuggling scandal

On May 28, 2017, the Bureau of Customs (BOC) seized worth of methamphetamine in two warehouses in Barangay Ugong of Valenzuela, Metro Manila. The BOC said that they acted on an intelligence report from the Chinese General Administration of Customs. The seizure was made in accordance to a Letter of Authority issued by BOC Commissioner Nicanor Faeldon. The BOC officials were accompanied by personnel of the National Bureau of Investigation and Philippine Drug Enforcement Agency who inspected the warehouses found the contraband in five metal cylinders.[3]

During the Senate and House hearings, details on how the shipment was smuggled into the Philippines were given. On May 16, 2017, the ship Guang Ping Voyage No. 1719S, which carried the container with the methamphetamine arrived at the Manila International Container Port (MICP) in Tondo, Manila. The cargo of the ship was lodged on the next day by Customs broker, Teejay Marcellana, who claims that the shipment contained kitchenware. The following day, the importer of the goods, EMT Trading, which is owned by Eirene Tatad, paid the customs and duties for the shipment. The firm says that they were not aware of the illegal drugs inside the shipment. The shipment was then passed through the green lane where shipments were not scanned through X-ray. According to protocol, shipments accepted by first-time importers or from China were not allowed to be passed through the green lane. A truck registered under Golden Strike Logistics transported the container from the MICP on May 23.[4] Chinese businessman Richard Tan, also known as Chen Ju Long, narrated during the congressional hearing that he called the Bureau of Customs at 11pm after he was informed about the illegal drugs shipment. Customs broker, Mark Taguba claims that Tan was behind the smuggling of the drugs who says that he was hired by the businessman to "fix" the shipment through a middle man named Kenneth Dong.[4]

The Philippine Senate Blue Ribbon Committee investigated and called the BOC personnel with links to the case as either incompetent or corrupt.[5]

Functions

The Bureau has the following duties under the 2015 Customs Modernization and Tariff Act (RA 10863):[6]

  1. Assessment and collection of customs revenues from imported goods and other dues, fees, charges, fines and penalties accruing under the CMTA;
  2. Simplification and harmonization of customs procedures to facilitate movement of goods in international trade;
  3. Border control to prevent entry of smuggled goods;
  4. Prevention and suppression of smuggling and other customs fraud;
  5. Facilitation and security of international trade and commerce through an informed compliance program;
  6. Supervision and control over the entrance and clearance of vessels and aircraft engaged in foreign commerce;
  7. Supervision and control over the handling of foreign mails arriving in the Philippines for the purpose of collecting revenues and preventing the entry of contraband;
  8. Supervision and control on all import and export cargoes, landed or stored in piers, airports, terminal facilities, including container yards and freight stations for the protection of government revenue and prevention of entry of contraband;
  9. Conduct a compensation study with the end view of developing and recommending to the President a competitive compensation and remuneration system to attract and retain highly qualified personnel, while ensuring that the Bureau remains financially sound and sustainable;
  10. Exercise of exclusive original jurisdiction over forfeiture cases under the CMTA; and
  11. Enforcement of the CMTA and all other laws, rules and regulations related to customs administration.

Organization

Office of the Commissioner (OCOM)

The Bureau of Customs is headed by a Commissioner, who is responsible for the general administration and management of the bureau. The Commissioner is assisted by six Deputy Commissioners and an Assistant Commissioner, who supervises the Internal Administration Group, Revenue Collection Monitoring Group, Assessment and Operations Coordination Group, Intelligence Group, Enforcement Group, Management Information System and Technology Group and Post Clearance Audit Group.

Customs Intelligence and Investigation Service (CIIS)

The Customs Intelligence and Investigation Service (CIIS) is the service of the Bureau mandated to the collection, collation, and evaluation of data and information on acts of economic sabotage and the conduct of surveillance, investigation and apprehension of cases involving violations of customs, tariff laws and regulations.[7]

Customs Districts

The Bureau of Customs has 17 Customs Districts (as enumerated below). Each Customs District is headed and supervised by a District Collector, assisted by as many Deputy District Collectors as may be necessary. A Customs District has a designated “principal port of entry”. Generally, a principal port of entry has its “sub-port(s) of entry”.

Customs DistrictPrincipal Port of EntryCity/Municipality
Customs District IPort of San FernandoSan Fernando, La Union
Customs District II-APort of Manila (POM)Manila (Port Area)
Customs District II-BManila International Container Port (MICP)Manila (Tondo)
Customs District IIINinoy Aquino International Airport (NAIA)Pasay
Customs District IVPort of BatangasBatangas City
Customs District VPort of LegazpiLegazpi, Albay
Customs District VIPort of IloiloIloilo City
Customs District VIIPort of CebuCebu City
Customs District VIII Port of Tacloban Tacloban
Customs District IXPort SurigaoSurigao City
Customs District XPort of Cagayan de OroCagayan de Oro
Customs District XIPort of ZamboangaZamboanga City
Customs District XIIDavao City
Customs District XIIIPort of Subic
Customs District XIVPort of Clark
Customs District XVPort of AparriAparri, Cagayan
Customs District XVIPort of LimayLimay, Bataan

Commissioners

NameTerm
StartEnd
Insular Collectors of the Port of Manila (1902–1946)
Morgan Anhister19021916
J.S. Stanley19161918
Vicente Aldenese19181937
Guillermo Gomez19371945
Melencio Fabros19451946
Commissioners (1946–present)
Alfredo de Leon19471950
Alfredo Jacinto19501954
Jaime Velasquez19541955
Manuel Manahan19551957
Eleuterio Capapas19571960
Timoteo Aseron1960
Eleuterio Capapas19601961
Rolando Geotina1961
Cesar Climaco1962
Norberto Romualdez, Jr.19621963
Rodrigo Perez, Jr.19631964
Jose B. Lingad1964
Alfredo de Joya19641965
Pablo Mariano1965
Jacinto Gavino19651966
Juan Ponce Enrile19661968
Rolando Geotina19681975
Alfredo Pio de Roda, Jr.19751977
Ramon Farolan19771986
Wigberto Tañada19861987
Alexander Padilla1987
Salvador Mison19871991
Tomas Apacible19911992
Guillermo Parayno, Jr.19921998
Pedro Mendoza, Jr.1998
Nelson Tan19981999
Renato Ampil19992001
Titus Villanueva20012002
Antonio Bernardo20022004
George Jereos20042005
Alberto Lina2005
Alexander ArevaloJuly 2005December 2005
Napoleon MoralesJanuary 2006July 2010
Angelito AlvarezJuly 2010September 2011
Ruffy BiazonSeptember 2011December 2013
John Philip SevillaDecember 2013April 2015
Alberto LinaApril 2015June 30, 2016
Nicanor Faeldon[8] June 30, 2016August 30, 2017
Isidro LapeñaAugust 30, 2017October 31, 2018
Rey Leonardo GuerreroOctober 31, 2018July 20, 2022
Yogi Filemon Ruiz July 20, 2022February 10, 2023
Bienvenido RubioFebruary 10, 2023present

See also

Notes and References

  1. https://www.dbm.gov.ph/wp-content/uploads/GAA/GAA2021/TechGAA2021/DOF/B.pdf
  2. Web site: Speech of President Corazon Aquino on the 86th Foundation Anniversary of the Bureau of Customs, February 5, 1988 . dead . https://web.archive.org/web/20150924051041/http://www.gov.ph/1988/02/05/speech-of-president-corazon-aquino-on-the-86th-foundation-anniversary-of-the-bureau-of-customs-february-5-1988/ . September 24, 2015 . August 24, 2015 . Official Gazette of the Republic of the Philippines . Presidential Museum and Library.
  3. News: May 28, 2017 . Customs seizes P6.4-B worth of shabu in Valenzuela . Rappler . August 17, 2017.
  4. News: Gavilan . Jodesz . August 14, 2017 . TIMELINE: How P6.4-B worth of shabu was smuggled into PH from China . Rappler . August 17, 2017.
  5. News: Parpan . Lara . Lardizapal . Cecille . July 31, 2017 . Senate alleges corruption and incompetence in customs bureau over biggest haul yet of shabu smuggled into PH . CNN Philippines . August 17, 2017 . August 17, 2017 . https://web.archive.org/web/20170817205323/http://cnnphilippines.com/news/2017/07/31/senate-probe-customs-drugs-china-faeldon.html . dead .
  6. Customs Modernization and Tariff Act. Republic Act. 10863. 2015.
  7. Web site: Customs intelligence group reorganized. Official Gazette.
  8. Web site: May 31, 2016 . Faeldon is Customs chief: source . May 31, 2016 . ABS-CBN News.