(NAR) VOL. 22 NO. 3, JULY - SEPTEMBER 2011

[ BOC CUSTOMS ADMINISTRATIVE ORDER NO. 4-2011, March 18, 2011 ]

ESTABLISHING THE SUPER GREEN LANE PLUS IMPORT PROCESSING FACILITY



Pursuant to Sections 608 and 3304 of the Tariff and Customs Code of the Philippines (TCCP), as amended, the following rules and regulations on the establishment of the Super Green Lane Plus Import Processing Facility are hereby promulgated:

1. OBJECTIVE


To further enhance the Super Green Lane (SGL) facility under CAO No. 002-00 by providing additional benefits to qualified members which shall effectively simplify and accelerate the customs clearance and administrative process.

2. SCOPE


This Order shall cover shipments to the Philippines by importers currently accredited with the Super Green Lane Plus (SGL Plus) transactions under the rules promulgated herein.

3. ORGANIZATION

3.1 The Commissioner of Customs shall constitute the Super Green Lane Plus Task Group to be headed by the Deputy Commissioner, Intelligence Group who shall supervise the implementation of the SGL Plus and perform the following functions:
 
3.1.1 Identify importers presently qualified to avail of the SGL Plus facility and make appropriate recommendations;
3.1.2 Conduct post clearance checks on declarations covering shipments released under the SGL Plus facility;
3.1.3 Ensure compliance with the rules and regulations governing the establishment and operation of the Super Green Lane Plus facility; and
3.1.4 Such other functions as may be assigned by the Commissioner from time to time.

3.2 The Commissioner, upon recommendation of the Task Group, may create sub-group/s as may be necessary to effectively carry out its mandate and monitor the implementation of the SGL Plus program.


4. CRITERIA FOR ACCREDITATION


To qualify for accreditation to the SGL Plus and avail the benefits thereof, an applicant must possess, among others, the following criteria:
 
4.1 That the importer/SGL user has been transacting with the BOC for at least one (1) year, prior to the date of application with a clear and specific nature of business
4.2 Must have a good reputation based on its track record
4.3 Must not have misused customs facilities for at least one (1) year prior to its application or have been the subject of derogatory information;
4.4 Is willing to undergo compliance audit.


5. BENEFITS OF SUPER GREEN LANE PLUS MEMBERS


5.1 In addition to the benefits availed of by the regular SGL members an accredited member of the SGL Plus shall be given the following benefits:
 
5.1.1 Three (3) Year Suspension on the conduct of audit;
5.1.2 Five (5) Year validity of the Importer's Accreditation;
5.1.3The accredited SGL Member shall be allowed to import articles that are not included in the List of Importables. However for purposes of monitoring an SGL Plus member is still required to submit its List of Importables and the expected volume of importation for a given year;
5.1.4Exemption from the Selectivity System; and
5.1.5 24-hour Client Coordinator Service that handles the queries and concerns of the SGL+ member.

5.2 Upon recommendation of the SGL Plus Task Group, the Commissioner of Customs subject to the approval of the Secretary of Finance may provide for additional benefits to SGL Plus members.

6. CERTIFICATE OF ACCREDITATION

6.1 The privileges enjoyed by an accredited SGL Plus member pursuant to a Certificate of Accreditation (CA) issued by the Commissioner shall be subject to the following conditions:
 
6.1.1 That the importer is a registered SGL-user;
6.1.2That the covered shipments may be subject to a duly authorized random and/or spot check inspection but only at the importer's premises while the goods are being unloaded/stripped thereat;
6.1.3That the importer shall be responsible for any misuse or abuse of the privilege; and
6.1.4That the importer shall comply with all the rules and regulations promulgated by the Bureau of Customs in the implementation of the Super Green Lane Plus Program

6.2 Any willful violation or contravention of the CA shall be a ground for its suspension, revocation or cancellation to be imposed after due notice.

6.3 The use of the CA shall be subject to review by the BOC and shall be valid until revoked or cancelled.


7. SUPER GREEN LANE PLUS PROCEDURES


The Commissioner of customs shall issue the necessary rules and regulations for the implementation of the SGL Plus facility.


8. SERVICE FEE


The accredited importer shall continue to pay a service fee for every entry filed through; the SGL Facility based on the F.O.B value of the subject imports in accordance with the following schedule:
 
FOB VALUE   
  Amount
  
Below US $5, 000 Php 500.00
US$5, 001 to US $ 100,000 Php 1,000.00
US$100,001 to US $200, 000 Php 1,500.00
US $200,001 to US $500, 000 Php 2, 000.00
Above US $500,000 Php 2,500.00

9. CONFIDENTIALITY CLAUSE

All information which is by nature confidential or which is provided on a confidential.; basis for the purpose of accreditation shall be treated as strictly confidential by the authorities concerned who shall not disclose it without specific permission of the persons or government providing such information, except to the extent that it may be required to be disclosed in the context of a judicial proceedings.


10. REPEALING CLAUSE


All Orders, Memoranda, Circulars or parts thereof which are inconsistent with this Order are hereby deemed revoked, amended and or modified accordingly, without prejudice however, to the importer's accreditation scheme agreed upon by the Department of Finance and the Department of Trade and Industry.


11. SEPARABILITY CLAUSE


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


12.EFFECTIVITY


This Order shall take effect immediately.


Adopted: 18 March 2011


(SGD.)ANGELITO A. ALVAREZ
Commissioner

APPROVED:

(SGD.) CESAR V. PURISIMA
Secretary of Finance


Source: Supreme Court E-Library
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