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(NAR) VOL. 5 NO. 1/JANUARY - MARCH 1994
[ BC CUSTOMS MEMORANDUM ORDER NO. 62-93, November 15, 1993 ]
TRANSSHIPMENT OF FOREIGN CIGARETTES
To insure the exportation of imported cigarettes which are being entered into the country on a temporary basis and for transshipment to foreign ports, the following measures are hereby prescribed to supplement other existing measures applicable on the subject:
1. The application for transshipment must be accompanied by a listing of the quantity and kind of cigarettes on each inbound container.
2. If such a list is unavailable, the application may be provisionally approved conditioned upon the presentation of the devanning report of each inbound container with the same information as in No. 1 above.
3. If on the basis of the listings in 1 & 2 above, there are cigarette brands that are popular in the domestic market, the approving authority must ALERT the Bureau's law enforcement agencies accordingly. The latter may then conduct monitoring and surveillance operations but without, however, causing undue delay in the processing of the application. The shipping agent shall be required to present the ship's sailing plan for reference purposes.
4. Within FORTY-EIGHT (48) hours after the carrying vessel's departure, the shipping agent must submit to the Deputy Collector for Operations copies of the bill of lading for the cargo and the vessel's outward foreign cargo manifest.
5. The shipping company/agent who applied for the transshipment of such cargo shall, within FIFTEEN (15) days from the departure of the carrying vessel, submit a certification from the consignee thereof that the latter has received the shipment, together with a certified true copy of the inward foreign manifest submitted to, received by, and properly stamped by the authorities in the port of destination.
6. Transshipment cargoes consisting of imported foreign cigarettes, as an exception to Title II, 2.1. of Customs Memorandum Order 22-93, may be allowed to stay in the port for a period not exceeding FIVE (5) days after which they shall be subject to the charges imposed under Paragraph III of the same memorandum order, i.e., all such overstaying cargoes shall be assessed a supervision fee of P800.00 per container regardless of size, or P10.00 per revenue ton of breakbulk cargo, per day of extended stay, to be paid by the shipping company or agent concerned to the District Collector of Customs upon their loading or withdrawal.
7. The Deputy Collector for Operations must institute an accounting system of all shipments covered by this Order and submit a report to the Commissioner of Customs on all unaccounted shipments or on shipments suspected of having been diverted from its intended destination.
8. The participation of the domestic cigarette manufacturers must be enlisted in the monitoring of this activity to prevent diversions and to prevent fraud on government revenues.
9. For ports where there are no deputy collectors for operations, the Collector must designate an action officer with the overall responsibility for accomplishing the objectives of this order.
This Order shall take effect immediately.
Adopted: 15 Nov. 1993
(Sgd.) GUILLERMO L. PARAYNO, JR.
Commissioner
1. The application for transshipment must be accompanied by a listing of the quantity and kind of cigarettes on each inbound container.
2. If such a list is unavailable, the application may be provisionally approved conditioned upon the presentation of the devanning report of each inbound container with the same information as in No. 1 above.
3. If on the basis of the listings in 1 & 2 above, there are cigarette brands that are popular in the domestic market, the approving authority must ALERT the Bureau's law enforcement agencies accordingly. The latter may then conduct monitoring and surveillance operations but without, however, causing undue delay in the processing of the application. The shipping agent shall be required to present the ship's sailing plan for reference purposes.
4. Within FORTY-EIGHT (48) hours after the carrying vessel's departure, the shipping agent must submit to the Deputy Collector for Operations copies of the bill of lading for the cargo and the vessel's outward foreign cargo manifest.
5. The shipping company/agent who applied for the transshipment of such cargo shall, within FIFTEEN (15) days from the departure of the carrying vessel, submit a certification from the consignee thereof that the latter has received the shipment, together with a certified true copy of the inward foreign manifest submitted to, received by, and properly stamped by the authorities in the port of destination.
6. Transshipment cargoes consisting of imported foreign cigarettes, as an exception to Title II, 2.1. of Customs Memorandum Order 22-93, may be allowed to stay in the port for a period not exceeding FIVE (5) days after which they shall be subject to the charges imposed under Paragraph III of the same memorandum order, i.e., all such overstaying cargoes shall be assessed a supervision fee of P800.00 per container regardless of size, or P10.00 per revenue ton of breakbulk cargo, per day of extended stay, to be paid by the shipping company or agent concerned to the District Collector of Customs upon their loading or withdrawal.
7. The Deputy Collector for Operations must institute an accounting system of all shipments covered by this Order and submit a report to the Commissioner of Customs on all unaccounted shipments or on shipments suspected of having been diverted from its intended destination.
8. The participation of the domestic cigarette manufacturers must be enlisted in the monitoring of this activity to prevent diversions and to prevent fraud on government revenues.
9. For ports where there are no deputy collectors for operations, the Collector must designate an action officer with the overall responsibility for accomplishing the objectives of this order.
This Order shall take effect immediately.
Adopted: 15 Nov. 1993
(Sgd.) GUILLERMO L. PARAYNO, JR.
Commissioner