(NAR) VOL. 26 NO. 4/ OCTOBER - DECEMBER 2015
1.1 To protect the integrity of the Alert Order System;II. Coverage
1.2 To promote transparency and accountability in the execution of duties and responsibilities with regard to the issuance/lifting of Alert Orders;
1.3 To avoid bureaucratic red tape and protect legitimate importers against
unnecessary delay in the release of their lawful importations; and
1.4 To provide clear guidelines and procedures in the processing of shipments that is/are subject of an Alert Order.
3.2.1 The Commissioner of Customs;3.3 The authority to lift Alert Orders shall only be exercised by the District Collectors concerned, by authority of the Commissioner. Provided further, the Commissioner of Customs may lift, motu proprio, Alert Orders issued by other Alerting Officers.
3.2.2 The Deputy Commissioner, Intelligence Group (IG);
3.2.3 The Deputy Commissioner, Enforcement Group (EG);
3.2.4 The Deputy Commissioner, Assessment and Operations Coordinating Group (AOCG). On issues concerning rules of origin, valuation and classification of goods; and
3.2.5 All District Collectors, for shipments arriving within their District, including sub-ports within their District.
3.4.1 Shipments under the Super Green Lane (SGL); andThe Alerting Officer/s who finds sufficient reason to issue an Alert Order against shipment/s under SGL or upon request of other government agencies, shall make a recommendation to the Commissioner of Customs for the issuance thereof.
3.4.2 Request for issuance of Alert Order from other government agencies.
3.8.1 The e2m Customs system is NOT accessible;3.9 No Alert Order shall be issued against shipments which have already been tagged in the On-Line Release System (OLRS). The Alerting Office who finds reasonable grounds to hold a shipment already tagged in the OLRS, shall make a recommendation to the Office of the Commissioner for issuance of “Special Stop”.
3.8.2 For unmanifested cargoes/shipment;
3.8.3 For entries processed under Informal Entry; and
3.8.4 For export cargoes.
3.11.1 100% physical examination has been conducted; and3.12 A shipment or any part thereof already alerted and examined in accordance with this order shall NOT be subjected to another alert or examination. Only the Commissioner of Customs can have a shipment re- examined.
3.11.2 The Commissioner of Customs or the District Collector concerned by authority of the Commissioner has ordered its release, copy furnished the Alerting Officer.
5.1.1 The District Collector where the alerted shipment is located;5.2 The District Collector shall, within twenty-four (24) hours from receipt of the Alert Order, assign a Customs Examiner, who shall perform of the following functions:
5.1.2 Customs Wharfinger;
5.1.3 Customs Gatekeeper;
5.1.4 Arrastre Operator or its equivalent; and
5.1.5 Consignee, broker or their authorized representative within twenty- four (24) hours from the issuance thereof. In case personal service, electronic mail and facsimile of the Alert Order cannot be made to the consignee, broker or their authorized representative, the corresponding Alert Order shall be posted at the port’s bulletin board or in any conspicuous place within the port of discharge for three (3) consecutive days. After the lapse of the three-day period and the consignee, broker or their authorized representative fails to coordinate with the Alerting Office, the latter may cause examination of the alerted shipment, without the consignee, broker of their authorized representative.
5.2.1 Determine if the shipment has been released from Customs, or if the shipment has been transferred to another Customs Bonded Warehouse under Transfer Under Guard (for airports), or if the shipment has been examined prior to the issuance of the Alert Order;
5.2.2 If examination has already has been conducted or it has been released from Customs or transferred to a Customs Bonded Warehouse, prior to the issuance of the Alert Order, copy of the Examination Report and/or details and documents showing proof of the release shall be furnished to the Alerting Office, for reference.
5.2.3 If no previous examination has been conducted, inform the District Collector concerned, the Alerting Office, and the consignee, Broker or his authorized representative, of the date and time of the examination.5.3 The Alerting Officer shall designate a representative, who shall witness the conduct of 100% examination of the alerted shipment. Provided, that if the Alerting Officer is the District Collector, representatives from the IG and/or EG shall be the witnesses thereof.
5.2.4 Conduct a 100% examination of the alerted shipment/s within seven (7) days from the issuance of the Alert Order. Once commenced, the conduct of examination must be done continuously, until the completion thereof.
5.2.5 Within twenty-four (24) hours from completion of the examination,
submit duly accomplished Alert Order Report Form (Annex “B”) to the District Collector, Alerting Office of the Office of the Commissioner.
6.1.1 If the Final Disposition is “continuous processing” or “no discrepancy” in value, classification or description of goods, no violation of the TCCP, as amended and other pertinent Customs rules and regulations, the District Collector shall sign his approval in the Alert Order Form for Manual Alerts or tag as “Recommend for Lifting” in the e2m Alert System for Electronic Alerts.6.2 In case of disapproval by the District Collector of the recommendation of the Customs Examiner, he shall refer the same for comment/further review to the Import Assessment Service (IAS) on issues concerning rules of origin, valuation and classification of goods or issue the corresponding WSD, as the case maybe. If the Alerting Office is AOCG, the matter shall be referred to the Office of the Commissioner.
6.1.2 If the Final Disposition is “payment of additional duties and taxes” or “payment surcharge”, the District Collector shall sign his approval in the Alert Order Form for Manual Alerts or tag as “Recommend for Payment” in the e2m Alert System for Electronic Alerts, upon payment of the amount due.
6.1.3 If the Final Disposition is to subject the entire shipment to seizure, the District Collector shall sign his approval in the Alert Order Form for Manual Alerts or tag as “Recommend for Seizure” in the e2m Alert System for Electronic Alerts.
6.1.4 If the Final Disposition is for partial seizure the shipment, the District Collector shall sign his approval in the Alert Order Form and issue the corresponding WSD for the items to be seized. After a WSD is issued for the items to be seized, the District Collector shall immediately cause the segregation of the shipment. Once segregation is completed, the District Collector shall tag the Alerted Shipment as “Recommend for Lifting” in the e2m Alert System for Electronic Alerts, indicating therein the items to be released under the “Description of Contents”