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(NAR) VOL. 5 NO. 2/APRIL-JUNE 1994

[ BC CUSTOMS ADMINISTRATIVE ORDER NO. 4-94, April 08, 1994 ]

SCHEDULE OF FINES TO BE IMPOSED IN THE SETTLEMENT OF SEIZURE CASES PENDING HEARING PURSUANT TO SECTION 2307 OF THE TARIFF AND CUSTOMS CODE, AS AMENDED BY EXECUTIVE ORDER NO. 38



I
Purpose

To provide a uniform imposition of fines in the settlement of seizure cases pending hearing for purposes of consistency of action.

II
Schedule of Fines

In the settlement of seizure cases pending hearing, where settlement thereof is allowed under the existing laws and regulations, the following schedule of fines for the corresponding violations are hereby provided:

 
A. FOR NO-DOLLAR IMPORTATION OF PERSONALLY-OWNED MOTOR VEHICLES
       
A.1. Commission of only one of the following:
       
 
Violations
Fines
  A.1.1. Lack of BIS prior authority  
  A.1.2. Lack of one year residency abroad 20%
  A.1.3. Lack of proof of income abroad  
  A.1.4 Lack of 6 months use/registration  
       
  A.2. Non-compliance of two (2) of the above-requirements 30%
  A.3. Non-compliance of three (3) of the above-requirements 50%
  A.4. Non-compliance of all the above- requirements 80%
  A.5. Second violation of any of the above-requirements 30%
  A.6. 3rd violation of any of the above requirements no settlement by fine
       
  B. For Used Buses/Trucks  
       
 
Violations
Fines
       
  B.1 No IAC-UTE prior authority to import 30%
  B.2 Violation of IAC-UTE authority to import 30%
  B.3 Violation of BIS prior authority to import 30%
  B.4 Second violation of any of B.1, B.2 or B.3 80%
  B.5 Third violation of any of the above requirements no settlement by fine
       
  C. Only Violation is Lack of SGS Clean Report of Findings (CRF)  
       
  C.1 First Violation 20%
  C.2. Second Violation 40%
  C.3. Third Violation 60%
  C.4. Fourth Violation 80%
  C.5. Fifth Violation no settlement by fine
       
  D. Violation of Section 2503 of the TCCP  
       
  D.1 Undervaluation, misdeclaration and misclassification with more than 30% discrepancy in duty but prima facie evidence of fraud satisfactorily rebutted 60%
  D.2 Second violation no settlement by fine
       
  E. Other Violations  
       
    No prior authority to import regulated importations.  
       
  E.1 First Violation 30%
  E.2 Second Violation 80%
  E.3 Third Violation no settlement by fine


III
Repealing Clause

All orders, rules and regulations issued by this Bureau inconsistent with this Order are hereby revoked.

IV
Effectivity Clause

This Order shall take effect fifteen (15) days after publication in two (2) newspapers of general circulation.

Adopted: 8 Apr. 1994

(SGD.) GUILLERMO L. PARAYNO, JR.
Commissioner
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