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(NAR) VOL. 26 NO. 3/ JULY - SEPTEMBER 2015

[ BOC Customs Memorandum Order No. 31-2015, September 15, 2015 ]

REVISED RULES AND PROCEDURES FOR THE PROCESSING OF IMPORTER OR CONSIGNEE'S REQUEST FOR AMENDMENT OF BILL OF LADING (BL) AND AIRWAY BILL (AWB)



Adopted: 15 September 2015
Date Filed: 21 September 2015

By the authority vested in me under Section 608 of the TCCP, the following rules are hereby promulgated:

Section 1. Objectives. The following rules and procedures for the amendment of a Bill of Lading and Airway Bill (AWB) are issued hereunder for the following purposes:

  1. To streamline and facilitate the processing of requests for amendment of BL and AWB; and
  2. To provide transparent procedures for amending the BL and AWB and to ensure compliance with relevant customs rules and procedures.

Section 2. General Provisions

  1. All BL and AWB which subject to amendment must first be validated by the shipping line, airline, freight forwarder or consolidator concerned.
  2. The E2M prohibits the amendment of data elements as follows:

    - Nature of BL or AWB,
    - Consignee’s name, and
    - Consignee’s address.

    In case there is a request for change of the nature of the BL or AWB, consignee’s name or consignee’s address, the consignee, shipping line, airline, freight forwarder or consolidator concerned shall submit the amended BL or AWB in the E2M to replace the incorrect one.

  3. Modification of ‘validated’ BL or AWB is limited to certain date fields such as:

    - Type of BL (HBL/MBL),
    - Universal Consignee Reference (UCR),
    - Container Number
    - Total Containers,
    - Modification of container size (20/40/45),
    - Status (FCL/LCL),
    - Unit of Measure of Packages,
    - Volume (CBM),
    - Description of Goods,
    - Location of Goods, Freight and Amount,
    - Declared Value and Currency Type, and
    - Transport and Insurance Cost.

  4. When erroneous data need to be corrected, request for amendment shall be filed with the District Collector concerned. Once approved, the amendment of data in E2M shall be performed by the Deputy Collector for Operations. The amended version of the BL or AWB shall be sent by E2M through the VASP from where the original version was submitted. The VASP shall send the amended copy of the BL to the temporary transit sheds to ensure the synchronicity of BL or AWB data between temporary transit sheds and the Bureau of Customs (BOC).

Section 3. Request for Amendment. The District Collector of Customs may, at the written request of the consignee, shipping line, airline, freight forwarder or consolidator concerned, allow the amendment of BL and AWB only in the following instances:

  1. Amendments considered as clerical in nature and not substantial or material (e.g. lack of punctuation marks, spacing, wrong spelling and other clerical errors);
  2. Amendments considered as substantial or material such as change in consignee’s name, addresses, description of goods, weight, volume and similar amendments shall be allowed only under the following conditions:

    1)
    The written request shall be made under oath;
    2)
    An import entry in the VASP has been lodged in the E2M and the import entry, with supporting documents, have been submitted to the Entry Processing Division (EPD) or equivalent unit;
    3)
    There is no covering Alert or Hold Order and the subject shipment has not been tagged as “abandoned”; and
    4)
    In case of request for change in consignee’s name, the request must be supported by an undertaking of the original consignee that the Bureau of Customs shall not be held responsible for the release of the cargo.

Section 4. Disposition of Request. The request shall be filed solely with the Office of the Deputy Collector for Operations who shall resolve the request promptly upon approval of the District Collector.

Where such request is approved or disapproved by the District Collector, the same shall be forwarded to the Deputy Collector for Operations for the amendment in the E2M System or for the issuance of the notice of disapproval to the imported or consignee.

Section 5. Processing Fee. All consignee, shipping line, airline, freight forwarder or consolidator concerned shall pay a processing fee equivalent to Five Hundred Philippine Pesos (PhP500.00) upon submission of its application.

Section 6. Effectivity. This Order shall take effect immediately and shall govern all pending requests for amendment of BL and AWB, and other similar requests.

(SGD) ALBERTO D. LINA
Commissioner
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