Cargo Unloading Regulations: CAO 15-2020

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Questions and Answers

Under what specific condition, according to CAO 15-2020, may the Bureau of Customs permit the discharge of bulk and break-bulk shipments without a Load Port Survey Report (LPSR)?

  • Subject to continuous underguarding and other conditions that may be imposed by the Bureau, irrespective of penalties under CAO No. 03-2010. (correct)
  • Upon payment of a surety bond equivalent to the assessed value of the cargo, refundable upon submission of a post-discharge survey report.
  • If the Management Information System and Technology Group (MISTG) confirms that an LPSR was initiated but not completed due to technical issues.
  • If the consignee provides a written guarantee assuming full liability for any discrepancies in the cargo.

In the context of shipside discharge permits as defined in CAO 15-2020, what critical verification must the authorized customs officer perform upon receiving a shipside permit, beyond merely checking the cargo manifest?

  • Confirming the importer’s compliance with all relevant sanitary and phytosanitary import clearances.
  • Ensuring alignment of the declared value of goods with prevailing market prices through an independent appraisal.
  • Ascertaining the structural integrity of the lighter to ensure safe transport of the discharged cargo.
  • Verifying the subject shipment against the Cargo Manifest as to the correctness of marks and numbers, quantity, kind of merchandise, weight, etc. (correct)

Under what specific circumstances, as delineated by CAO 15-2020, is the direct transfer of a container from a vessel to a truck permissible, and what documentation is explicitly required?

  • Upon written request of the Consignee or importer duly approved by the District Collector or his duly authorized representative. (correct)
  • If the container is part of a just-in-time inventory system, subject to validation by the Economic Zone Authority and immediate electronic data interchange (EDI).
  • When the container contains perishable goods, provided a sanitary permit is secured and the transfer occurs within a customs-controlled zone.
  • Upon presentation of a pre-approved delivery order from the consignee, ratified by the vessel agent, and subject to continuous GPS tracking.

What is the prescribed protocol according to CAO 15-2020, for the discharge of passengers’ baggage and parcel cargoes arriving at a Philippine port, and what specific documentation is waived under this protocol?

<p>Immediate discharge and transfer to the PID or its equivalent office, under-guarded, with no permit required for discharge and landing. (A)</p> Signup and view all the answers

In cases where a vessel is anchored at the anchorage, what specific protocol does CAO 15-2020 stipulate for the discharge of personal effects and parcel cargoes, and what documentation is required for their release?

<p>Discharge at shipside onto a launch for immediate delivery to the PID, under-guarded, with release upon presentation of a Statement of Settlement of Duties and Taxes (SSDT). (C)</p> Signup and view all the answers

According to CAO 15-2020, under what specific conditions is the discharge of vessel sludge permitted, and what stipulations govern the assessment of duties and taxes on said sludge?

<p>Discharge is allowed upon approval by the District Collector, subject to PPA rules, with sludge samples taken for examination and duty/tax assessment if applicable. (D)</p> Signup and view all the answers

What precise actions must the authorized customs officer undertake when bulk cargoes are to be discharged onto lighters, according to the stipulations outlined in CAO 15-2020?

<p>Obtain the ton or inch immersion table of the lighter from the patron before allowing any cargo to be unloaded. (D)</p> Signup and view all the answers

According to CAO 15-2020, what is the primary distinction between Inner Gauge (IG) and Out of Gauge (OG) cargo, and how does this distinction impact transportation requirements?

<p>IG cargo fits within standard transport dimensions, requiring no special permits, whereas OG cargo exceeds these dimensions, necessitating special handling and permits. (B)</p> Signup and view all the answers

According to Section 8 of CAO 15-2020, what specific monetary penalties are imposed on a vessel engaged in foreign trade for a third offense of departing from a Philippine Customs District before undergoing required customs formalities, absent duress or necessity?

<p>A fine of Php 300,000.00. (A)</p> Signup and view all the answers

Under Section 8 of CAO 15-2020, what is the escalating fine structure applied to the owner or operator of a vessel who, upon arrival at a Philippine port, permits the unloading of cargo before reaching the designated Port of Entry, constituting a second offense?

<p>A fine of Php 1,000,000.00. (B)</p> Signup and view all the answers

What specific penalty does CAO 15-2020, Section 8, prescribe for the owner, operator, or agent of a vessel arriving at a Philippine port with unmanifested war materials, constituting a first offense?

<p>A fine of Php 500,000.00. (B)</p> Signup and view all the answers

Under CAO 15-2020, Section 8, what precise financial repercussions are faced by the owner, operator, or agent of a vessel for the third instance of breaking a seal placed by customs officers on a container, and what is the scope of this penalty's application?

<p>A warning letter for the first broken seal, and Php300,000.00 for each broken or destroyed seal (D)</p> Signup and view all the answers

According to Section 8 of CAO 15-2020, what are the financial penalties levied against the agent of a vessel in the event that goods listed on the manifest and destined for a particular port are not unloaded upon the vessel's arrival, assuming the disappearance is unexplained to the District Collector's satisfaction and constitutes a first offense?

<p>A fine of Php 100,000.00. (B)</p> Signup and view all the answers

Under what specific conditions, following a written request and Collector of Customs approval as per CAO 15-2020 Section 24, may a distressed vessel unload cargo, and what protocols govern the handling of discharged cargo intended for clearance at the port of discharge?

<p>The unloading is allowed under terms set by the Collector; if the cargoes are to be cleared at the port of discharge, they are subject to the same rules as cargoes destined for that port. (B)</p> Signup and view all the answers

What is the explicit stipulation regarding the type of lighters permissible for shipside discharge of cargoes from a distressed vessel, and what security measures must be implemented, according to CAO 15-2020 Section 24?

<p>Only closed-type lighters must be used, secured, locked, and sealed with Customs seal, and must remain underguard until final disposition thereof is made. (D)</p> Signup and view all the answers

According to the stipulations within CAO 15-2020, concerning the endorsement of permits related to cargo discharge and transfer, what specific detail related to endorsements must customs inspectors ensure for clarity and accuracy?

<p>All endorsements and returns shall be signed over the printed name and executed clearly and legibly especially with reference to any figures that may be included. (D)</p> Signup and view all the answers

In the context of shipside permits as differentiated by CAO 15-2020, under what specific condition must a ship's agent seek authority directly from the Collector of Customs before the Deputy Collector for Operations can process and approve a permit?

<p>When the cargoes do not belong to 'regular shipside cargoes', such as ballast, garbage, provisions, watering, bunkering, vessel parts for repair. (C)</p> Signup and view all the answers

What specific operational stipulations and notifications are mandated when a Temporary Shipside Permit is issued according to CAO 15-2020, particularly concerning cargo underguarding, lighter movement, and official communication?

<p>The cargo is underguarded continuously until released by the Bureau of Customs; the lighter shall not be take out of the Customs designated barge pool area until the Regular Shipside Permit is issued by the Deputy Collector for Operations or its equivalent office, and is presented to the Customs Inspector of the carrying vessel; and The Deputy Collector for Operations/Chief, Piers and Inspection Division (PID) or its equivalent office be duly notified of the discharge under the Temporary Permit. (C)</p> Signup and view all the answers

As per CAO 15-2020 guidelines for air freight e-manifest submission, what are the temporal parameters governing the submission of the Electronic Import For Monitoring (e-IFM) for flights originating outside of Asia, under CMO 23-2011?

<p>The e-IFM must be submitted 4 hours before arrival (A)</p> Signup and view all the answers

According to CAO 15-2020 and CMO 23-2011, what is the standard timeframe required for the submission of the Electronic Container Control Module (e-CCM) for air freight originating from ports within Asia?

<p>At least 1 hour before arrival (B)</p> Signup and view all the answers

In the context of penalties for late e-manifest submissions for air freight, as governed by CAO 15-2020, contrast the penalty structure outlined in CMO 23-2011 with that introduced by CMO 10-2015, specifically concerning supplemental manifests submitted within 24 hours of the e-IFM cut-off time.

<p>CMO 23-2011 imposed a penalty same as sea freight, and CMO 10-2015 stated Php 1,000.00 for late submission and for supplemental manifest no penalty if submitted up to 24 hours after the cut-off time of e-IFM. (A)</p> Signup and view all the answers

Suppose a vessel arrives at a Philippine port from a foreign port and, due to a navigational error, unloads a portion of its cargo – specifically perishable goods – at an undesignated location within the customs district but before reaching the official Port of Entry. If this constitutes the vessel's first such offense, what is the precise applicable fine under CAO 15-2020 and what potential recourse might the vessel operator have?

<p>The vessel operator is subject to a fine of Php 500,000.00; however, they may present evidence of the navigational error to the District Collector in an attempt to mitigate or waive the fine. (C)</p> Signup and view all the answers

Imagine a scenario where a customs officer, while inspecting a vessel, is intentionally hindered by a member of the vessel's crew. Consequently, the inspection is delayed. Assume this is the second such incident involving the vessel within a calendar year. According to CAO 15-2020, what specific fine should be imposed on the vessel, and what supplementary factors might influence the final penalty levied?

<p>A fine of Php 200,000.00, but the District Collector retains discretionary authority to increase the penalty based on the severity of the obstruction and any resulting economic damages. (D)</p> Signup and view all the answers

Consider a scenario where a vessel, after arriving at a Philippine port, allows a passenger to disembark without obtaining the necessary permission from the customs officer-in-charge. If this is the vessel's third violation of this regulation, what specific financial penalty does CAO 15-2020 prescribe, and what avenues, if any, exist for appealing or mitigating this penalty?

<p>A fixed fine of Php 300,000.00; however, the vessel operator can appeal to the Commissioner of Customs, presenting evidence that the disembarkation occurred due to exigent circumstances (e.g., a medical emergency). (B)</p> Signup and view all the answers

Suppose a vessel's agent fails to transmit the electronic manifest within the timeframe mandated by CAO 15-2020, leading to delays in cargo processing. If this represents the agent's second such infraction, what specific fine is stipulated by the CAO, and what further ramifications might the agent encounter?

<p>A fine of Php 200,000.00, and the agent is required to undergo mandatory retraining on customs compliance procedures. (B)</p> Signup and view all the answers

Consider a scenario where goods listed on a vessel's manifest are found to be materially inconsistent with their description upon arrival at the port of destination. If this discrepancy constitutes the vessel agent's third such offense, what specific financial penalty does CAO 15-2020 impose, and how might the degree of material inconsistency impact the ultimate penalty levied?

<p>A fine of Php 300,000.00; however, the District Collector has the discretion to reduce the penalty if the agent can demonstrate that the material inconsistency was unintentional and of minor consequence. (C)</p> Signup and view all the answers

Flashcards

General Permit for Cargo Discharge

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

Discharging Report

Report submitted by customs officers after unloading containerized cargoes, submitted to Chief, PID or equivalent.

Load Port Survey Report (LPSR)

A report required for discharging bulk and break-bulk cargoes, per A.O. 243 as amended.

Discharge Port Survey (DPS)

Survey required in the absence of an LPSR before discharging bulk and break-bulk cargoes.

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Shipside Permit

Permit issued by the District Collector for shipside cargo discharge.

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Transfer Note

Document issued with a Shipside Permit, outlining conditions for the shipment transfer.

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Permit for Discharge of Ballast

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

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Direct to Truck Transfer Permit

Authorization for direct cargo transfer from vessel to truck, with District Collector's approval.

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Inner Gauge (IG)

Cargo fitting within standard dimensions; no special permits needed.

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Out of Gauge (OG)

Cargo exceeding standard dimensions; requires special handling and permits.

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Permit for Discharging Vessel Sludge

Permit needed for discharging vessel sludge, subject to PPA rules; sample taken for duty assessment.

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Bunkering Permit

Permission required for refueling a vessel.

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Permit for Transfer to Another Vessel

Permit required to move cargoes from one vessel to another.

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Permit for Shifting of Cargoes

Permission needed for shifting cargoes within a vessel, approved by the District Collector.

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VOCC

Vessel Operating Common Carrier.

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NVOCC

Non-Vessel Operating Common Carrier.

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Piers and Inspection Division (PID)

Division responsible for receiving baggage and parcels under-guarded for examination.

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Statement of Settlement of Duties and Taxes (SSDT)

Document presented to customs officer for cargo release after duties and taxes are settled.

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Penalty for Vessel Departing Prematurely (1st Offense)

Fine for a vessel departing without completing customs formalities (first offense).

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Penalty for Obstructing a Boarding Officer (1st Offense)

Fine for obstructing a boarding officer during enforcement (first offense).

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Penalty for Unauthorized Boarding/Disembarking (1st Offense)

Fine for unauthorized boarding/disembarking from a vessel (first offense).

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Penalty for Unloading Cargo Prematurely (1st Offense)

Fine for unloading cargo before arrival at the port of entry (first offense).

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Penalty for Unloading Cargo at Incorrect Place/Time (1st Offense)

Fine for unloading cargo at an improper time or place (first offense).

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Penalty for Failure to Submit Documents (1st Offense)

Fine for failure to exhibit or deposit required documents (first offense).

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Penalty for Unmanifested Arms/Explosives (1st Offense)

Fine for bringing unmanifested arms/explosives into port (first offense).

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Penalty for Late Manifest Submission (1st Offense)

Fine for failure to supply advance and requisite manifests (first offense).

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Penalty for Breaking Customs Seal (1st Offense, per seal)

Fine for breaking a seal placed by Customs officers (first offense, per seal).

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Penalty for Disappearance of Manifested Goods (1st Offense)

Fine for disappearance of manifested goods upon arrival (first offense).

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Permit for Unloading of Cargo by Distressed Vessel

Permit issued for a distressed vessel to unload cargo, approved by the Collector of Customs.

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Shipside Permit (Definition)

Authority allowing customs inspector to permit cargo discharge at shipside onto lighters.

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Regular Shipside Permit

Permit issued for regular shipside cargoes by the Deputy Collector for Operations.

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Special Shipside Permit

Permit for non-regular shipside cargoes, needing authority from the Collector of Customs.

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Temporary Shipside Permit

Written authority for emergency cargo discharge at shipside, issued by the Collector of Customs.

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e-IFM

Electronic Import For Monitoring submitted for air freight.

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e-CCM

Electronic Container Control Module e-manifest for air freight.

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Study Notes

  • These notes cover regulations and penalties related to cargo unloading, permits, and customs compliance, focusing on CAO 15-2020 and related orders.

Unloading of Cargoes

  • A General Permit for cargo discharge is issued immediately upon completion of boarding formalities and placing the vessel under customs surveillance.
  • The General Permit does not authorize cargo delivery or transfer without required permits.
  • An authorized customs officer assigned on board endorses the General Permit, indicating whether all import cargoes have been discharged.
  • The permit is then included in the officer's report after their assignment ends.

Discharging of Containerized Cargoes

  • Unloading requires a General Permit from an authorized customs officer.
  • Customs officers verify container numbers against the discharging sequence.
  • Customs officers check that container seals are intact.
  • A Discharging Report is submitted to the Chief of the Piers and Inspection Division (PID) upon unloading completion.

Discharging of Bulk and Break-bulk Cargoes

  • A Load Port Survey Report (LPSR) must cover bulk and break-bulk cargoes, aligning with Administrative Order No. 2436 as amended by Administrative Order No. 243-A.
  • The Management Information System and Technology Group (MISTG) provides electronic LPSR copies to the PID before the vessel's arrival.
  • A Discharge Port Survey (DPS) is required if the LPSR is absent, before discharge can commence.
  • The Bureau may allow discharge with continuous underguarding, despite penalties under CAO No. 03-2010, with a daily approved DPS request.

Shipside Permit

  • A Shipside Permit from the District Collector or representative is needed for shipside cargo discharge, in addition to the General Permit and LPSR or DPS.
  • Assigned customs officers verify the shipment against the Cargo Manifest, checking marks, numbers, quantity, and type of merchandise.
  • The officer issues a Transfer Note, detailing conditions imposed by the Collector of Customs.
  • Authorized customs officers are assigned to ensure only authorized cargo is unloaded.
  • Underguarding of the lighter with cargoes is assigned if stipulated in the permit.
  • For bulk cargoes discharged onto lighters, the customs officer must obtain the lighter's ton or inch immersion table from the patron first.
  • Personal effects and parcel cargoes may be discharged at shipside for immediate delivery to the PID under guard, with receipt noted on the Transfer Note.
  • Cargoes are released upon presenting a Statement of Settlement of Duties and Taxes (SSDT) from the Formal Entry Division.

Special Permits

  • A special permit is required for specific operations, including, discharge of ballast and Transfer to Another Vessel.
  • Ballast of no commercial value may be discharged with a District Collector's permit, following Department of Environment and Natural Resources (DENR) rules.
  • Direct transfer of containers or cargo from Vessel to truck requires a written request approved by the District Collector.
  • Open Top containers and items and gauges are defined as:

Inner Gauge (IG)

  • Cargo or equipment fits standard dimensions for transport without special permits.

Out of Gauge (OG)

  • Cargo exceeds standard dimensions, necessitating special handling and permits.
  • Vessel sludge discharge requires District Collector approval and adherence to Philippine Ports Authority (PPA) rules, with sludge samples taken for examination and duty assessment.
  • Bunkering or refueling requires a permit from the Bureau.
  • Cargo transfer from one Vessel to another necessitates a permit from the District Collector.
  • Shifting of cargoes requires a written request from the Vessel Master or Agent, approved by the District Collector.

Definitions

  • Vessel Operating Common Carrier (VOCC): Not defined in the provided text.
  • Non-Vessel Operating Common Carrier (NVOCC): Not defined in the provided text.

Passengers' Baggage, Parcel List, and Crews' Personal Effects

  • Immediate discharge of baggage, parcels, and crew articles is required.
  • The Chief Officer or Purser is reminded to promptly transfer baggage and parcels to the PID under guard, with a receipt on the Transfer Note.
  • No permit is needed for baggage discharge and landing.
  • Customs officers underguard baggage and parcels discharged into a carrier for delivery to the PID.

Piers and Inspection Division (PID)

  • PID is the division where discharged baggage and parcels are sent for customs processing.

Schedule of Penalties

  • Penalties are outlined for various violations, with escalating fines for repeated offenses.
  • Fines are outlined for:
    • Vessel, Seacraft, or Aircraft Departing Before Undergoing Customs Formalities
    • Obstruction to Boarding Officer
    • Unlawful Boarding of or Disembarking from the Vessel or Aircraft
    • Unloading of Cargo Before Arrival at Port of Entry
    • Unloading of Cargo at Improper Time or Place After Arrival
    • Failure to Exhibit or Deposit Documents
    • Bringing of Unmanifested Arms, Explosives, or War Equipment
    • Failure to Supply Advance and Requisite Manifests
    • Breaking of the Seal Placed by Customs Officers
    • Disappearance of Manifested Goods
  • Penalties do not prejudice other penalties under Section 1401 of the Customs Modernization and Tariff Act (CMTA).

Unloading of Cargo by Distressed Vessel (CMO 22-2010)

  • Distressed vessels may receive a permit to discharge cargo with the Collector of Customs' approval.
  • Discharged cargoes that will be cleared are subject to the same rules as cargoes destined for that port.
  • Cargoes must typically be unloaded onto the pier unless a Shipside Discharge Permit is authorized.
  • Lighters must be closed, secured, locked, sealed and underguarded until final disposition.

Permits for Discharge and Lading of Cargo

  • The Customs Senior Boarding Officer issues a "General Permit" upon placing the vessel under Customs surveillance, though this does not authorize loading export cargo or delivering import cargo without required entries/permits.
  • The General Permit is endorsed, indicating whether all import cargoes have been discharged.
  • Endorsements are required on permits to send special consignments to piers or the Parcel Section, and for cargo transfers between vessels.
  • The receiving Customs Inspector endorses receipt of cargoes on board the vessel.
  • All endorsements must be clear and legible, with initialed corrections.

Shipside Permits

  • A Shipside Permit authorizes the Customs Inspector to allow cargo discharge at shipside onto lighters, under guard.
  • Shipside Permit Definition: Authority issued by the Collector of Customs or representative to allow the discharge of cargoes specified on the permit at shipside unto lighters, under guard.

Three Kinds of Shipside Permits

Regular Shipside Permit

  • Issued by the Deputy Collector for Operations for cargoes categorized as "regular shipside cargoes."

Special Shipside Permit

  • Requires authority from the Collector of Customs for cargoes not considered "regular shipside cargoes”. This includes ballast, garbage, provisions, vessel parts for repair, etc.

Temporary Shipside Permit

  • An emergency measure allowing cargo discharge at shipside onto lighter, issued per order of the Collector of Customs, forwarded directly to the Customs Inspector; issued so as not to delay ship operations.
  • Conditions typically imposed in the issuance of Temporary Permit:
    • Cargo must be underguarded until released by Customs.
    • Lighter cannot leave the Customs designated barge area until a Regular Shipside Permit is issued.
    • The Deputy Collector for Operations/Chief, Piers and Inspection Division (PID) must be notified of the discharge under the Temporary Permit.

Submission of e-Manifest: AIR FREIGHT

e-IFM (Electronic Import For Monitoring)

  • Port of Origin is Asia - 2 hours before arrival but for flights with less than 2 hours flying time, should not be less than 1 hour
  • Outside of Asia - 4 hours before arrival (CMO 23-2011)
  • Port of Origin is Asia - upon arrival
  • Outside of Asia - 4 hours before arrival (CMO 10-2015 issued 10 April 2015 - after cut-off of 31 March 2015)

e-CCM (Electronic Container Control Module)

  • Port of origin is Asia - at least 1 hour before arrival
  • Other ports - at least 2 hours before arrival (CMO 23-2011)
  • If e-IFM submitted on time 1 hour after arrival (CMO 10-2015)
  • If e-IFM is submitted late, the e-CCM shall be accepted provided that the time of submission in e2m shall not exceed 24 hours after e2m is registered by the Office of the Deputy Collector for Operations. The same privilege shall apply in case e-IFM is not validated on time (e.g. due to system errors or due to late encoding of date of last discharge). -CMO 10-2015

Penalty for late submission and supplemental IFM/CCM

  • Penalty same as sea freight (CMO 23-2011)
  • Php 1,000.00 for late submission and for supplemental manifest no penalty if submitted up to 24 hours after the cut-off time of e-IFM (CMO 10-2015)

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