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(NAR) VOL. 21 NO.1/ JANUARY - MARCH 2010

[ BOC CUSTOMS ADMINISTRATIVE ORDER NO. 6-2009, November 24, 2009 ]

TRANSFORMING THE RISK MANAGEMENT GROUP OF THE BUREAU OF CUSTOMS INTO THE RISK MANAGEMENT OFFICE PURSUANT TO EXECUTIVE ORDER NO. 836, S. 2009



I. OBJECTIVE:

Recognizing the value of the Risk Management Group’s (RMG) ever expanding responsibility in risk management/assessment/profiling and in the updating of the Bureau’s Selectivity Screens, the RMG, pursuant to Executive Order No. 836, is transformed into the Risk Management Office (RMO) under the Office of the Commissioner.

II. GENERAL PROVISIONS:

To ensure its integrity and autonomous character, the RMO is placed directly under the Commissioner of Customs while its day to day operations shall be managed by the Deputy Commissioner for the Intelligence Group, Bureau of Customs.

The Deputy Commissioner of the Intelligence Group, as manager of the RMO, may recommend to the Commissioner of Customs new policies and organizational improvement to enhance the efficiency and effectivity of the RMO.

A. Functions

The RMO shall perform the following functions:

1. Review and update the parameters of the Selectivity Screen of the Selectivity System of the Bureau of Customs;

2. Ensure an efficient and secure pipeline of information from all sources to the RMO;

3. Conduct a continuing study/profile of importers, exporters and customs brokers;

4. Maintain a database on all smuggling cases and related information; and

5. Recommend to the Commissioner of Customs policies and programs aimed at increasing the efficiency and effectivity of the BoC’s Selectivity System to be at par with other Customs administrations.

The Commissioner of Customs may impose additional functions to ensure that the aims and objectives of Executive Order No. 836 are achieved.

B. Composition

The RMO shall be headed by a Chief of Office and shall be composed, aside from the Administrative Staff, by the following units:

1. The Strategic Assessment Unit shall be responsible for:
 
The development and creation of policies for risk assessment which shall be nationwide in scope. It shall identify or profile personalities and modus operandi of those involved in the importation and distribution of smuggled goods.

2. The Research and Analysis Unit shall be responsible for:

The gathering of all information relating to the improvement of the Selectivity Screen such as records of all shipments alerted, placed on hold, seized, forfeited, and/or finally disposed off by BOC nationwide. To collate data pertaining to smuggled goods apprehended by other law enforcement authorities outside the customs zone.

To develop a database support system and a computer based risk management system for enforcement.

3.  The Operational Risk Assessment Unit shall perform the following tasks:

To implement the policies created and developed by the Strategic Assessment Unit in every port under the jurisdiction of the Bureau of Customs.

III. OPERATIONAL PROVISIONS

1. The RMO shall be in close coordination with all the Regional Risk Management Offices in order that reports/recommendations can be acted upon immediately.

2. The reports and the findings shall be collated and shall be stored in the database of all smuggling cases and related data.

3. All the data gathered shall be used in profiling personalities and entities and the modus operandi of those involved in the importation and distribution of smuggled goods.

4. These profiles shall then drive the inspection, selectivity programs, through which the declared data on shipment will be screened on the basis of identified risk parameters and consignments, and depending on the selected risk level, goods and persons are routed through different channels of Customs control;

5. All Orders, Memoranda, Reports and Requests for the Issuance of Alert/Hold Order in connection with the provisions of this Order must be duly signed by the Chief, RMO and concurred upon by the Deputy Commissioner, Intelligence Group, before the same is submitted to the Commissioner for his signature. All other communications and documents must be signed by the Deputy Commissioner, Intelligence Group; and,

6. The RMO shall submit a quarterly report of its work program and accomplishment to the Secretary of Finance and the Office of the President of the Philippines.

IV. MISCELLANEOUS PROVISIONS

1. To ensure a smooth transition in the institutionalization of the Risk Management Office (RMO for brevity), the incumbent officers and complement of the Risk Management Group shall function as the interim staff pending the selection of qualified personnel for the permanent plantilla positions of the Risk Management Office: They shall be augmented by personnel from various units, as may be needed in the exigency of the service;

2. The RMO shall have the authority to require  data and information relevant to its function from all offices/personnel of the Bureau;

3. The Office of the Commissioner and the RMO shall have direct access to the computer  system as provided by MISTG for the Offices to autonomously and independently, implement the selectivity alert and hold processes of the Office of the Commissioner and the RMO.

4. Nothing in this Order shall be construed as to diminish or limit the authority of the Bureau in the enforcement of the general provisions, of the TCCP.

V. REPEALING CLAUSE

All Orders, Memoranda, Circulars or parts thereof, which are inconsistent with this Order are deemed revoked, amended and/or modified accordingly.

VI. SEPARABILITY CLAUSE

If any part of this Order is declared by the Courts as unconstitutional or contrary to existing laws, the other parts not so declared shall remain in full force.

VII. EFFECTIVITY

This Order shall take effect fifteen (15) days after publication in a newspaper of general circulation.

Adopted: 24 Nov. 2009

(SGD.)   NAPOLEON L. MORALES
Commissioner

APPROVED BY:

(SGD.) MARGARITO GARY B. TEVES
Secretary of Finance
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