Cargo Unloading Permits and Procedures

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Questions and Answers

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?

  • 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?

  • 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?

<p>A representative sample of the sludge must be taken for examination and assessment of potential duties and taxes. (B)</p> Signup and view all the answers

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?

<p>The MISTG is responsible for providing the PID or its equivalent office with advance electronic copies of the LPSR prior to the vessel's arrival. (C)</p> Signup and view all the answers

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?

<p>If the vessel's departure was involuntary due to force majeure, such as severe weather conditions, enemy pursuit, or other unavoidable duress, verified through official maritime records and incident reports. (D)</p> Signup and view all the answers

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?

<p>A Statement of Settlement of Duties and Taxes (SSDT) duly issued by the Formal Entry Division or its equivalent office. (C)</p> Signup and view all the answers

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?

<p>The ton or inch immersion table of the lighter, obtained from the patron, which is necessary for accurate cargo weight determination and prevention of overloading. (B)</p> Signup and view all the answers

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?

<p>Verify the container number(s) against the discharging sequence, check if container seals are intact, and submit a Discharging Report to the Chief, PID or its equivalent office upon completion of the unloading operation. (C)</p> Signup and view all the answers

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?

<p>A fixed fine of One Million Pesos (Php1,000,000.00), regardless of the quantity or value of the unmanifested items. (A)</p> Signup and view all the answers

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?

<p>Cause the immediate discharge of all baggage, parcel cargoes, and articles, transferring them under guard to the PID or its equivalent office for examination, ensuring proper receipt is noted on the Transfer Note. (C)</p> Signup and view all the answers

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?

<p>Discharge the items at shipside onto a launch for direct transfer to the office of PID or its equivalent office, under guard, where an authorized customs officer will duly receive them. (D)</p> Signup and view all the answers

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?

<p>The ballast discharge must comply with existing Department of Environment and Natural Resources (DENR) rules and regulations. (C)</p> Signup and view all the answers

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?

<p>The vessel shall be liable for a fine of Two Hundred Thousand Pesos (Php200,000.00). (A)</p> Signup and view all the answers

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?

<p>The transfer requires a permit issued by the District Collector or their authorized representative. (B)</p> Signup and view all the answers

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?

<p>Shifting is allowed upon written request of the Master of the Vessel or Authorized Agent duly approved by the District Collector or his duly authorized representative. (C)</p> Signup and view all the answers

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?

<p>A fine of One Hundred Thousand Pesos (Php100,000.00). (B)</p> Signup and view all the answers

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?

<p>A CCM is a true and accurate manifest of all the individual shipments in the consolidation destined and intended to be unloaded at a port entry in the Philippines, submitted as rider to the Cargo Manifest of the carrying Vessel or Aircraft. (B)</p> Signup and view all the answers

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?

<p>Verify the subject shipment covered by the Shipside Permit against the Cargo Manifest as to the correctness of marks and numbers, quantity, kind of merchandise, weight, etc. (B)</p> Signup and view all the answers

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?

<p>A Shipside Permit issued by the District Collector or their duly authorized representative. (C)</p> Signup and view all the answers

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?

<p>Assign an authorized customs officer to check the Shipside Permit so that only cargo authorized to be discharged is unloaded and assign an authorized customs officer to underguard the lighter with the cargoes if the permit so stipulates. (D)</p> Signup and view all the answers

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?

<p>A Special Permit is required for the discharge of vessel sludge upon approval by the District Collector or his duly authorized representative subject to Philippine Ports Authority (PPA) rules and regulations. Sample of sludge shall be taken for examination and assessment of the duties and taxes due if any. (C)</p> Signup and view all the answers

In the event that any seal placed by a Customs Officer upon any vessel is broken, what is the fine for a third offense?

<p>Php300,000.00 for each broken or destroyed seal (C)</p> Signup and view all the answers

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?

<p>Php500,000.00 (A)</p> Signup and view all the answers

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?

<p>One Hundred Thousand Pesos (Php100,000.00) (C)</p> Signup and view all the answers

What is the fine for a second offense relating to the failure to supply advanced and requisite manifests?

<p>Two Hundred Thousand Pesos (Php200,000.00) (C)</p> Signup and view all the answers

What is the fine, under customs regulations, for a third offense of failing to exhibit required documents?

<p>Three Hundred Thousand Pesos (Php300,000.00) (A)</p> Signup and view all the answers

According to customs regulations, what is the fine for a second offense of unloading cargo before arrival at the port of entry?

<p>One Million Pesos (Php1,000,000.00) (A)</p> Signup and view all the answers

Under what conditions would the Bureau NOT impose penalties for the disappearance of goods?

<p>If the disappearance of the package or the goods in question was not due to the negligence of the Master of the Vessel and is explained to the satisfaction of the District Collector. (C)</p> Signup and view all the answers

What constitutes a Bunkering Permit?

<p>A permit issued by the Bureau allowing bunkering or refueling of a vessel. (C)</p> Signup and view all the answers

When is a special permit required?

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Flashcards

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

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

Permit issued after boarding formalities, allowing cargo discharge, but not delivery without other required permits.

Containerized Cargo Unloading Checks

Customs officers verify container numbers against the discharging sequence and inspect seal integrity during unloading.

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LPSR Requirement for Bulk Cargo

Bulk and break-bulk cargoes require this report before discharge, as per Administrative Order No. 2436.

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Discharge Port Survey (DPS) Requirement

Required if LPSR is absent, prior to discharging bulk and break-bulk cargoes.

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Shipside Permit

Permit, in addition to the General Permit and LPSR/DPS, needed for shipside cargo discharge, issued by the District Collector.

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Shipside Permit Verification Process

Customs officer verifies shipment details, issues a Transfer Note, and assigns officers to oversee unloading and underguarding.

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Permit for Discharge of Ballast

Required for discharging ballast of no commercial value, subject to DENR rules.

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Direct to Truck Transfer Permit

Allows direct transfer of cargo from vessel to truck, needing approval from the District Collector.

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Inner Gauge (IG)

Refers to cargo fitting within standard transportation dimensions, not needing special permits.

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Out of Gauge (OG)

Refers to cargo exceeding standard dimensions, requiring special handling and permits.

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Permit for Discharging Vessel Sludge

Requires District Collector approval, subject to PPA rules; sample taken for duty assessment.

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Bunkering Permit

Allowed upon permit from the Bureau.

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Permit for Transfer to Another Vessel

Requires a permit from the District Collector or authorized representative.

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Permit for Shifting Cargoes

Requires written request from the Master of the Vessel or Agent, approved by the District Collector.

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Consolidated Cargo Manifest (CCM)

Manifest of individual shipments in a consolidation, submitted with the carrying Vessel's Cargo Manifest.

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Penalty for Departing Before Formalities

Fine for a vessel departing a Customs District from a Foreign Port before completing customs formalities.

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Penalty for Obstruction to Boarding

Fine for obstructing any officer from lawfully boarding a Vessel or Aircraft.

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Penalty for Unlawful Boarding

Fine if anyone boards/disembarks a Vessel/Aircraft without customs officer permission.

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Penalty for Unloading Early

Fine if cargo is unloaded before arrival at the Port of Entry without proper authorization.

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Penalty for Unloading at Improper Time

Fine if cargo is unloaded at a time/place not designated by the District Collector.

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Penalty for Failure to Exhibit Documents

Fine for failing to submit required vessel documents to the District Collector upon entry.

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Penalty for Unmanifested Arms

Fine for carrying arms, explosives, or war equipment not listed on the vessel's manifest.

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Penalty for Failure to Supply Manifest

Fine for failing to transmit the electronic manifest within the required timeframe before vessel arrival.

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Penalty for Breaking Customs Seal

Fine imposed each time a customs seal on a Vessel, Aircraft, or package is broken.

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Penalty for Disappearance of Goods

Fine if goods mentioned in the manifest are not unloaded at the destination port, due to negligence.

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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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