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A vessel arrives at a Philippine port with bulk cargo and lacks the requisite Load Port Survey Report (LPSR). Under what specific condition, beyond continuous underguarding, might the Bureau of Customs exceptionally permit the discharge of said cargo, considering potential ramifications under CAO No. 03-2010?
A vessel arrives at a Philippine port with bulk cargo and lacks the requisite Load Port Survey Report (LPSR). Under what specific condition, beyond continuous underguarding, might the Bureau of Customs exceptionally permit the discharge of said cargo, considering potential ramifications under CAO No. 03-2010?
- An irrevocable letter of credit issued by a reputable bank, ensuring payment of all potential duties and penalties as determined by a provisional assessment.
- A daily approved request for a Discharge Port Survey (DPS), alongside full compliance with any additional stipulations imposed by the Bureau. (correct)
- Submission of a notarized affidavit by the vessel's captain attesting to the cargo's compliance with international maritime standards.
- A guarantee from a locally accredited insurance company assuming full liability for any discrepancies discovered post-discharge.
What is the critical operational distinction between cargoes designated as 'Inner Gauge' (IG) and 'Out of Gauge' (OG) within the context of Philippine customs regulations, influencing logistical protocols and required documentation?
What is the critical operational distinction between cargoes designated as 'Inner Gauge' (IG) and 'Out of Gauge' (OG) within the context of Philippine customs regulations, influencing logistical protocols and required documentation?
- OG cargoes are required to be discharged at a designated customs-controlled area for detailed inspection, while IG cargoes can be released directly to the consignee's warehouse.
- IG cargoes are pre-approved for direct transfer to trucks upon arrival, bypassing standard inspection procedures applicable to OG cargoes.
- IG cargoes are subject to a flat tariff rate, whereas OG cargoes are assessed based on a complex volumetric calculation inclusive of potential handling surcharges.
- OG cargoes necessitate a special permit from the District Collector due to their non-conformity with standard dimensional constraints, unlike IG cargoes. (correct)
Under what precise circumstances, as stipulated by Philippine customs regulations, can a District Collector authorize the direct transfer of cargo from a vessel to a truck, and what documentation is critically required to initiate this process?
Under what precise circumstances, as stipulated by Philippine customs regulations, can a District Collector authorize the direct transfer of cargo from a vessel to a truck, and what documentation is critically required to initiate this process?
- Upon presentation of a surety bond guaranteeing payment of all applicable duties and taxes, irrespective of the consignee's status or the cargo's nature.
- Upon certification by an independent surveyor that the cargo is non-hazardous and poses no risk to public safety or environmental integrity.
- Upon the cargo's inclusion in a pre-approved list of essential goods as determined by the National Economic and Development Authority (NEDA).
- Upon written request from the consignee or importer, duly approved by the District Collector or their authorized representative. (correct)
In the context of discharging vessel sludge, what specific action must be undertaken regarding the sludge itself, and what is the primary purpose of this action according to Philippine customs regulations?
In the context of discharging vessel sludge, what specific action must be undertaken regarding the sludge itself, and what is the primary purpose of this action according to Philippine customs regulations?
What is the pivotal role of the Management Information System and Technology Group (MISTG) regarding Load Port Survey Reports (LPSR) for bulk and break-bulk cargoes, and how does this role impact customs clearance procedures prior to a vessel's arrival?
What is the pivotal role of the Management Information System and Technology Group (MISTG) regarding Load Port Survey Reports (LPSR) for bulk and break-bulk cargoes, and how does this role impact customs clearance procedures prior to a vessel's arrival?
In the event of a vessel departing from a Customs District within the Philippines before completing the mandated customs formalities, under which specific circumstances is the vessel exempt from the stipulated fines, and what constitutes irrefutable evidence of such circumstances?
In the event of a vessel departing from a Customs District within the Philippines before completing the mandated customs formalities, under which specific circumstances is the vessel exempt from the stipulated fines, and what constitutes irrefutable evidence of such circumstances?
What specific documentation must be presented to the authorized customs officer on board a vessel to authorize the shipside release of cargoes, thereby permitting their transfer from the vessel directly to designated conveyances?
What specific documentation must be presented to the authorized customs officer on board a vessel to authorize the shipside release of cargoes, thereby permitting their transfer from the vessel directly to designated conveyances?
When bulk cargoes are unloaded onto lighters, what crucial parameter related to the lighter itself must the authorized customs officer ascertain before permitting any cargo discharge, and why is this information indispensable?
When bulk cargoes are unloaded onto lighters, what crucial parameter related to the lighter itself must the authorized customs officer ascertain before permitting any cargo discharge, and why is this information indispensable?
What specific actions are mandated for authorized customs officers on board a foreign vessel during the unloading of containerized cargoes to ensure compliance with customs regulations and maintain cargo integrity?
What specific actions are mandated for authorized customs officers on board a foreign vessel during the unloading of containerized cargoes to ensure compliance with customs regulations and maintain cargo integrity?
In the context of penalties for customs offenses, what is the precise financial liability incurred by the owner, operator, or agent of a vessel for a third offense involving the bringing of unmanifested arms, explosives, or war equipment into a Philippine port?
In the context of penalties for customs offenses, what is the precise financial liability incurred by the owner, operator, or agent of a vessel for a third offense involving the bringing of unmanifested arms, explosives, or war equipment into a Philippine port?
What specific protocol must be followed by an authorized customs officer regarding passengers' baggage, parcel cargoes, and articles brought in by the ship's crew for discharge at the pier to ensure regulatory compliance?
What specific protocol must be followed by an authorized customs officer regarding passengers' baggage, parcel cargoes, and articles brought in by the ship's crew for discharge at the pier to ensure regulatory compliance?
When a vessel is anchored at the anchorage, what is the prescribed procedure for discharging personal effects, parcel cargoes, and similar items at shipside, ensuring compliance with customs regulations and maintaining cargo security?
When a vessel is anchored at the anchorage, what is the prescribed procedure for discharging personal effects, parcel cargoes, and similar items at shipside, ensuring compliance with customs regulations and maintaining cargo security?
In cases where ballast of no commercial value is to be discharged from a vessel, what specific regulatory requirements must be satisfied beyond obtaining a permit from the District Collector to ensure compliance with Philippine environmental laws?
In cases where ballast of no commercial value is to be discharged from a vessel, what specific regulatory requirements must be satisfied beyond obtaining a permit from the District Collector to ensure compliance with Philippine environmental laws?
What is the specific consequence in terms of penalties if the Master of a vessel obstructs a customs officer from lawfully boarding the vessel for the purpose of enforcing customs regulations, specifically in a second offense?
What is the specific consequence in terms of penalties if the Master of a vessel obstructs a customs officer from lawfully boarding the vessel for the purpose of enforcing customs regulations, specifically in a second offense?
What specific protocol governs the transfer of cargoes from one vessel to another within a Philippine port, and which authority must grant permission for this operation to proceed legitimately?
What specific protocol governs the transfer of cargoes from one vessel to another within a Philippine port, and which authority must grant permission for this operation to proceed legitimately?
Under what specific conditions is the shifting of cargoes within a vessel permitted, and what documentation is required to secure authorization for this operation from the relevant customs authority?
Under what specific conditions is the shifting of cargoes within a vessel permitted, and what documentation is required to secure authorization for this operation from the relevant customs authority?
What specific fine is imposed on the owner, operator, or agent of a vessel for a first-time offense of unloading cargo at an improper time or place after arriving in the Philippines, contrary to the designation by the District Collector?
What specific fine is imposed on the owner, operator, or agent of a vessel for a first-time offense of unloading cargo at an improper time or place after arriving in the Philippines, contrary to the designation by the District Collector?
What is the precise definition of a 'Consolidated Cargo Manifest' (CCM) within the context of Philippine customs regulations, and what is its critical function in the import clearance process?
What is the precise definition of a 'Consolidated Cargo Manifest' (CCM) within the context of Philippine customs regulations, and what is its critical function in the import clearance process?
What specific action is required of the authorized customs officer assigned on board a vessel upon receipt of a Shipside Permit, ensuring compliance with customs regulations and preventing unauthorized cargo discharge?
What specific action is required of the authorized customs officer assigned on board a vessel upon receipt of a Shipside Permit, ensuring compliance with customs regulations and preventing unauthorized cargo discharge?
Beyond the general permit to unload and the LPSR or DPS, what additional documentation is essential for authorizing the shipside discharge of cargoes, and from which specific authority must this document be obtained?
Beyond the general permit to unload and the LPSR or DPS, what additional documentation is essential for authorizing the shipside discharge of cargoes, and from which specific authority must this document be obtained?
After issuing a Transfer Note covering a shipment mentioned on a Shipside Permit, what specific actions must the authorized customs officer take to ensure only authorized cargo is unloaded?
After issuing a Transfer Note covering a shipment mentioned on a Shipside Permit, what specific actions must the authorized customs officer take to ensure only authorized cargo is unloaded?
In the context of Philippine customs regulations, what constitutes a 'Special Permit,' and under what circumstances is it mandated for the discharge of vessel sludge, ensuring environmental protection and revenue collection?
In the context of Philippine customs regulations, what constitutes a 'Special Permit,' and under what circumstances is it mandated for the discharge of vessel sludge, ensuring environmental protection and revenue collection?
In the event that any seal placed by a Customs Officer upon any vessel is broken, what is the fine for a third offense?
In the event that any seal placed by a Customs Officer upon any vessel is broken, what is the fine for a third offense?
If any package mentioned in the manifest and meant to be unloaded at the port of destination is missing upon the arrival of the Vessel, what is the fine for a first offense?
If any package mentioned in the manifest and meant to be unloaded at the port of destination is missing upon the arrival of the Vessel, what is the fine for a first offense?
What is the fine for a first offense if, upon arrival at the Philippine port, any Master of the Vessel permits any person to disembark from the Vessel without the permission of the customs officer-in-charge?
What is the fine for a first offense if, upon arrival at the Philippine port, any Master of the Vessel permits any person to disembark from the Vessel without the permission of the customs officer-in-charge?
What is the fine for a second offense relating to the failure to supply advanced and requisite manifests?
What is the fine for a second offense relating to the failure to supply advanced and requisite manifests?
What is the fine, under customs regulations, for a third offense of failing to exhibit required documents?
What is the fine, under customs regulations, for a third offense of failing to exhibit required documents?
According to customs regulations, what is the fine for a second offense of unloading cargo before arrival at the port of entry?
According to customs regulations, what is the fine for a second offense of unloading cargo before arrival at the port of entry?
Under what conditions would the Bureau NOT impose penalties for the disappearance of goods?
Under what conditions would the Bureau NOT impose penalties for the disappearance of goods?
What constitutes a Bunkering Permit?
What constitutes a Bunkering Permit?
When is a special permit required?
When is a special permit required?
Flashcards
Load Port Survey Report (LPSR)
Load Port Survey Report (LPSR)
Report issued by an accredited cargo surveying company after inspecting imported bulk or break bulk cargo at the port of loading.
Discharge Port Survey (DPS) Report
Discharge Port Survey (DPS) Report
Report issued by an Accredited Cargo Surveying Company (ACSC) for bulk or break-bulk cargo after a survey at the discharge port.
General Permit for Cargo Discharge
General Permit for Cargo Discharge
Permit issued after boarding formalities, allowing cargo discharge, but not delivery without other required permits.
Containerized Cargo Unloading Checks
Containerized Cargo Unloading Checks
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LPSR Requirement for Bulk Cargo
LPSR Requirement for Bulk Cargo
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Discharge Port Survey (DPS) Requirement
Discharge Port Survey (DPS) Requirement
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Shipside Permit
Shipside Permit
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Shipside Permit Verification Process
Shipside Permit Verification Process
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Permit for Discharge of Ballast
Permit for Discharge of Ballast
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Direct to Truck Transfer Permit
Direct to Truck Transfer Permit
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Inner Gauge (IG)
Inner Gauge (IG)
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Out of Gauge (OG)
Out of Gauge (OG)
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Permit for Discharging Vessel Sludge
Permit for Discharging Vessel Sludge
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Bunkering Permit
Bunkering Permit
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Permit for Transfer to Another Vessel
Permit for Transfer to Another Vessel
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Permit for Shifting Cargoes
Permit for Shifting Cargoes
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Consolidated Cargo Manifest (CCM)
Consolidated Cargo Manifest (CCM)
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Penalty for Departing Before Formalities
Penalty for Departing Before Formalities
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Penalty for Obstruction to Boarding
Penalty for Obstruction to Boarding
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Penalty for Unlawful Boarding
Penalty for Unlawful Boarding
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Penalty for Unloading Early
Penalty for Unloading Early
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Penalty for Unloading at Improper Time
Penalty for Unloading at Improper Time
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Penalty for Failure to Exhibit Documents
Penalty for Failure to Exhibit Documents
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Penalty for Unmanifested Arms
Penalty for Unmanifested Arms
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Penalty for Failure to Supply Manifest
Penalty for Failure to Supply Manifest
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Penalty for Breaking Customs Seal
Penalty for Breaking Customs Seal
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Penalty for Disappearance of Goods
Penalty for Disappearance of Goods
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Study Notes
- Load Port Survey Report (LPSR) is issued by an accredited cargo surveying company (ACSC) after inspecting imported bulk or break bulk cargo at the loading port.
- Discharge Port Survey (DPS) Report is issued by an ACSC after surveying bulk or break-bulk cargo at the discharge port.
Unloading of Cargoes
- A General Permit is issued by the authorized customs boarding officer upon completion of boarding formalities and placing the vessel under customs surveillance, allowing cargo discharge.
- The General Permit does not authorize cargo delivery or transfer without required permits.
- The authorized customs officer assigned on board the vessel endorses the General Permit, noting whether all import cargoes have been discharged.
- The endorsed permit is included in the officer's report after their assignment ends.
Discharging Containerized Cargoes
- Unloading of containerized cargoes requires a general permit from the authorized customs officer.
- Customs officers must verify container numbers against the discharging sequence.
- Customs officers must check if container seals are intact.
- A Discharging Report must be submitted to the Chief, PID (or equivalent) upon unloading completion.
Discharging Bulk and Break-Bulk Cargoes
- Bulk and Break-bulk cargoes need a Load Port Survey Report (LPSR) that follows Administrative Order No. 2436, as amended by Administrative Order No. 243-A.
- The Management Information System and Technology Group (MISTG) provides advance electronic LPSR copies to the PID (or equivalent) before vessel arrival.
- If no LPSR exists, a Discharge Port Survey (DPS) is required before discharge.
- Even without prejudice to penalties, the Bureau may allow discharge, with continuous underguarding and other imposed conditions.
- A daily approved request for DPS is needed before each discharge.
Shipside Permit
- Besides the General Permit and LPSR/DPS, shipside cargo discharge needs a Shipside Permit from the District Collector.
- Upon receiving the Shipside Permit, the customs officer on board must verify the shipment details with the Cargo Manifest.
- A Transfer Note is issued that covers the shipment, includes conditions/requirements from the Collector of Customs.
- An authorized customs officer ensures only authorized items get unloaded.
- If stipulated by the permit, an officer will guard the lighter carrying the cargoes.
- For bulk cargoes unloaded onto lighters, the customs officer must obtain the lighter's ton or inch immersion table.
- For vessels anchored, personal effects and parcels may be discharged shipside to the PID (or equivalent) office under guard, with proper receipt on the Transfer Note.
- Cargoes are released after presenting a Statement of Settlement of Duties and Taxes (SSDT).
Special Permits
- Special permits are needed for specific operations:
- Discharge of Ballast: Requires a permit from the District Collector and compliance with DENR rules if the ballast has no commercial value.
- Direct to Truck Transfer: Needs a written request approved by the District Collector.
- Discharging of Vessel Sludge: Requires District Collector approval and compliance with PPA rules; sludge samples are taken for duty/tax assessment.
- Bunkering Permit: Refueling needs a permit from the Bureau.
- Transfer to Another Vessel: Requires a permit from the District Collector.
- Shifting of Cargoes: Needs a written request from the Vessel Master/Agent approved by the District Collector.
Other Definitions
- Inner Gauge (IG): Cargo fits within standard dimensions for transport without special permits.
- Out of Gauge (OG): Cargo exceeds standard dimensions, which needs special handling and permits.
Passengers' Baggage, Parcel List and Crews' Personal Effects
- Immediate discharge of baggage/parcels brought by ship's crews and passengers for pier discharge.
- The Chief Officer/Purser reminded to transfer baggage/parcels, underguarded, to the PID (or equivalent) for examination and receipt.
- No permit needed for baggage discharge/landing.
- If discharged into a carrier, an authorized customs officer must guard baggage and parcels to the PID (or equivalent), where the receiving officer will sign.
Schedule of Penalties
Vessel Departing Before Customs Formalities
- First Offense: Php100,000.00
- Second Offense: Php200,000.00
- Third Offense: Php300,000.00
Obstruction to Boarding Officer
- Obstructing an officer enforcing regulations results in fines.
- First Offense: Php100,000.00
- Second Offense: Php200,000.00
- Third Offense: Php300,000.00
Consolidated Cargo Manifest (CCM)
- CCM refers to an accurate manifest of all individual shipments intended to be unloaded at a port, submitted as part of the Cargo Manifest.
Unlawful Boarding/Disembarking
- Permitting unauthorized boarding/disembarking results in fines.
- First Offense: Php100,000.00
- Second Offense: Php200,000.00
- Third Offense: Php300,000.00
Unloading Before Arrival at Port of Entry
- Unloading cargo before arrival and without authorization incurs fines.
- First Offense: Php500,000.00
- Second Offense: Php1,000,000.00
- Third Offense: Php2,000,000.00
Unloading at Improper Time or Place
- Unloading cargo at an undesignated time or place results in fines.
- First Offense: Php100,000.00
- Second Offense: Php200,000.00
- Third Offense: Php300,000.00
Failure to Exhibit or Deposit Documents
- Failing to submit required documents at entry incurs fines.
- First Offense: Php100,000.00
- Second Offense: Php200,000.00
- Third Offense: Php300,000.00
Bringing Unmanifested Arms, Explosives
- Carrying unmanifested or concealed arms, explosives, or war equipment incurs fines.
- First Offense: Php500,000.00
- Second Offense: Php750,000.00
- Third Offense: Php1,000,000.00
Failure to Supply Advance and Requisite Manifests
- Failure to transmit the electronic manifest within the required time prior to arrival at the Port of Entry incurs fines.
- First Offense: Php100,000.00
- Second Offense: Php200,000.00
- Third Offense: Php300,000.00
Breaking of Customs Seal
- Breaking a seal placed by a Customs Officer results in fines for each broken seal.
- First Offense: Php100,000.00
- Second Offense: Php200,000.00
- Third Offense or more: Php300,000.00
Disappearance of Manifested Goods
- The agent is liable for fines if manifested goods are missing upon arrival, unless the disappearance was not due to negligence and is satisfactorily explained.
- First Offense: Php500,000.00
- Second Offense: Php750,000.00
- Third Offense: Php1,000,000.00
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