Customs Brokers Act of 2004 Overview
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Questions and Answers

What is the short title of Republic Act No. 9280?

  • The Customs Brokers Act of 2004 (correct)
  • The Customs Administration Act of 2004
  • The Philippine Brokers Act of 2004
  • The Professional Regulatory Act of 2004
  • Which government body is responsible for issuing the Certificate of Registration/Professional Identification Card to a Customs Broker?

  • Bureau of Customs
  • Department of Trade and Industry
  • Professional Regulatory Board
  • Professional Regulation Commission (correct)
  • According to the Act, what is a key objective regarding customs administration education?

  • To standardize and regulate it (correct)
  • To make it optional for customs brokers
  • To limit the number of educational institutions offering it
  • To privatize all its aspects
  • What is the primary focus of the state policy as declared in the Act?

    <p>To professionalize the practice of customs brokers. (C)</p> Signup and view all the answers

    What does the term 'Board' refer to within the context of this Act?

    <p>The Professional Regulatory Board for Customs Brokers (A)</p> Signup and view all the answers

    Which of these is NOT an objective of the Customs Brokers Act of 2004?

    <p>The promotion of illegal imports (C)</p> Signup and view all the answers

    Who is considered a 'Customs Broker' under this Act?

    <p>Any individual holding a valid Certificate of Registration issued by the Professional Regulation Commission (B)</p> Signup and view all the answers

    What is one of the main goals of the government concerning Filipino customs brokers?

    <p>To maximize their capability and potential (B)</p> Signup and view all the answers

    Who has the authority to suspend or remove a member of the Board?

    <p>The President of the Philippines (C)</p> Signup and view all the answers

    Under whose general supervision and administrative control is the Board?

    <p>The Commission (D)</p> Signup and view all the answers

    Which entity is responsible for keeping all records of the Board?

    <p>The Commission (C)</p> Signup and view all the answers

    What is the Board required to submit at the close of each calendar year?

    <p>An annual report to the Commission (D)</p> Signup and view all the answers

    How often should the licensure examination for customs brokers be given?

    <p>At least once every year (A)</p> Signup and view all the answers

    What is the primary focus of the written examination for customs broker licensure?

    <p>Customs Laws and international trade (D)</p> Signup and view all the answers

    Who designates the secretary of the Board?

    <p>The Commission (D)</p> Signup and view all the answers

    What is a reason for suspension of a board member?

    <p>Neglect of duty (B)</p> Signup and view all the answers

    Decisions made by the Board, if not interlocutory, are subject to review:

    <p>only if appealed. (D)</p> Signup and view all the answers

    Which of the following is NOT a requirement for a member of the Board?

    <p>Must hold a Master's Degree in any field. (B)</p> Signup and view all the answers

    What specific educational background is required for members of the Board?

    <p>Bachelor's Degree in Customs Administration or a Master's Degree in Customs Administration. (B)</p> Signup and view all the answers

    If a member of the Board has a close relative teaching customs administration, can they still be part of the board?

    <p>No, they cannot be a member of the board. (D)</p> Signup and view all the answers

    What is the length of term for the members of the Board, as stated?

    <p>Three years, may be reappointed for a second term. (D)</p> Signup and view all the answers

    How is a vacancy in the Board filled, according to the provided content?

    <p>A new member is appointed to serve for the unexpired portion of the term. (C)</p> Signup and view all the answers

    The compensation and allowances of the Board's chairman and members are:

    <p>comparable to those of other professional regulatory boards. (A)</p> Signup and view all the answers

    If a licensed customs broker is appointed to the board, how much experience should they have?

    <p>At least 10 years of experience. (D)</p> Signup and view all the answers

    Which of the following is NOT a function of the Board?

    <p>Approve customs declarations submitted by customs brokers. (A)</p> Signup and view all the answers

    What is one key responsibility of the Board regarding examinations for customs brokers?

    <p>Preparing and modifying questions, and prescribing the syllabi for exams. (A)</p> Signup and view all the answers

    What does the board do in relation to universities or colleges offering customs administration programs?

    <p>Examines the facilities of institutions to ensure compliance with standards. (A)</p> Signup and view all the answers

    Besides its own regulations, what other code does the Board enforce?

    <p>Code of Technical Standards and Ethics for customs brokers. (B)</p> Signup and view all the answers

    When issuing special or temporary permits, to whom does the Board offer them?

    <p>Foreign customs brokers for specific projects and timeframes. (A)</p> Signup and view all the answers

    What is the process for policies and rules issued by the Board?

    <p>They are subject to review and approval by the Commission. (C)</p> Signup and view all the answers

    What does the Board do to the practice of customs brokerage?

    <p>Adopts measures for the enhancement of the profession. (A)</p> Signup and view all the answers

    What is an additional power of the Board, that might be needed for this Act to be effectively implemented?

    <p>Issuing subpoena and subpoena duces tecum to secure the attendance of respondents or witnesses. (A)</p> Signup and view all the answers

    What is the minimum passing average a candidate must achieve to pass the customs broker licensure examination?

    <p>75% (B)</p> Signup and view all the answers

    What is the minimum grade a candidate must receive in each subject to pass the customs broker licensure examination?

    <p>60% (D)</p> Signup and view all the answers

    Within how many days after the last day of the examination should the results of the licensure examination be released?

    <p>10 days (B)</p> Signup and view all the answers

    Who signs the Certificate of Registration for customs brokers?

    <p>The Chairperson of the Commission, and the Chairman and members of the Board (B)</p> Signup and view all the answers

    Which of these is NOT a required subject area covered by the customs broker licensure examination?

    <p>International Trade Law and Conventions (C)</p> Signup and view all the answers

    A holder of a Master's degree in Customs Administration can qualify for the licensure exam within how many years from the effectivity of the Act?

    <p>5 years (A)</p> Signup and view all the answers

    What is a necessary condition for a foreign citizen to take the customs broker licensure examination in the Philippines?

    <p>Their country must have a reciprocity agreement with the Philippines allowing Filipino citizens to practice customs brokerage there. (A)</p> Signup and view all the answers

    What does the Certificate of Registration allow a licensed customs broker to do?

    <p>Practice in any collection district without needing additional licenses. (A)</p> Signup and view all the answers

    What information is typically included on a Professional Identification Card for a registered customs broker?

    <p>Registration number, date of issuance, expiry date and signature of the Chairperson of the Commission (D)</p> Signup and view all the answers

    How often must a Professional Identification Card for a customs broker be renewed?

    <p>Every three years (B)</p> Signup and view all the answers

    Under what circumstances can a Board refuse to register a successful examinee and issue a Certification of Registration?

    <p>If the examinee has been convicted of a criminal offense involving moral turpitude. (A)</p> Signup and view all the answers

    What is the primary course of action if a Professional Customs Broker is found guilty of unethical conduct?

    <p>Their certificate can be revoked or suspended. (D)</p> Signup and view all the answers

    After how long from the date of revocation, may the Board reinstate a Certificate of Registration?

    <p>Two years (B)</p> Signup and view all the answers

    What should a customs broker do if their professional identification card is lost?

    <p>They can request a new card from the Board subject to their rules. (A)</p> Signup and view all the answers

    Who is primarily responsible for preparing and maintaining a roster of professional customs brokers?

    <p>The Board in coordination with the accredited professional organization (B)</p> Signup and view all the answers

    What specific information, related to professional customs brokers, will the roster contain?

    <p>Their names, residence and office addresses, dates of registration and certificates. (B)</p> Signup and view all the answers

    Flashcards

    What is the purpose of the Customs Brokers Act of 2004?

    This law aims to establish a high standard for customs broker practice in the Philippines, benefiting the country and its economy.

    What is the government's role in the Customs Brokers Act of 2004?

    The government will create an environment where customs brokers can thrive and reach their full potential.

    Who is a "Customs Broker" according to the Customs Brokers Act of 2004?

    It refers to a person licensed to perform customs brokerage services.

    What does the "Customs Brokers Act of 2004" establish?

    This Act establishes a Professional Regulatory Board for Customs Brokers.

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    What is the "Commission" in the Customs Brokers Act of 2004?

    The Professional Regulation Commission (PRC) is responsible for overseeing and regulating customs brokers.

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    What is the "Board" in the Customs Brokers Act of 2004?

    The Professional Regulatory Board for Customs Brokers is responsible for setting standards and overseeing the profession.

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    How does the "Customs Brokers Act of 2004" address customs broker education?

    This law aims to standardize the education required to become a customs broker.

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    How does the "Customs Brokers Act of 2004" ensure qualified customs brokers?

    The law establishes procedures for examining and registering customs brokers.

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    Power to promulgate, administer, and enforce rules

    The Board has the authority to create, manage, and enforce rules and regulations, including ethical and technical standards, to oversee customs brokers.

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    Board Decisions Appealability

    The Board's decisions that are not temporary rulings, made in administrative cases, can only be reviewed through an appeal.

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    Supervise and regulate customs brokers

    The Board is responsible for managing the licensing, registration, and professional practices of customs brokers.

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    Board Member Citizenship

    To become a member of the Board, you must be a Filipino citizen living in the Philippines.

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    Determine and evaluate qualifications

    The Board assesses the qualifications of applicants seeking registration or special permits, potentially including examinations.

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    Board Member Moral Character

    Board members must have a good reputation and have never been convicted of a serious crime.

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    Prepare exams and set syllabi

    The Board creates and updates the exams used for licensing customs brokers, defining the topics covered and their importance.

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    Board Member Organization Membership

    To be a board member, you must belong to a recognized organization of customs brokers.

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    Board Member Education and Experience

    Board members must have a degree related to customs administration or be a licensed customs broker with prior experience.

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    Register successful examinees

    The Board registers successful candidates who pass the licensing exam, officially recognizing them as customs brokers.

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    Issue temporary permits

    The Board can grant temporary permits to foreign customs brokers for specific projects, allowing them to work within the country for a limited time.

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    Board Member Conflict of Interest

    Board members cannot be teachers or have financial ties to any institution that teaches customs administration.

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    Board Member Term Limit

    Each member serves for three years and can be reappointed for another term.

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    Investigate violations

    The Board investigates violations of laws, regulations, and ethics related to customs brokers, ensuring adherence to standards.

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    Board Member Compensation

    The salary of the chairman and members is similar to other professional regulatory board members.

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    Ensure quality of customs education

    The Board collaborates with the Commission on Higher Education (CHED) to ensure that universities and colleges maintain proper standards and resources for their customs administration programs.

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    Who can remove a board member?

    The president can suspend or remove a board member or chairman based on recommendations from the Commission for reasons like neglect of duty, abuse of power, or ethical misconduct.

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    Who has administrative control of the Board?

    The Commission oversees the Board's activities and ensures its operations are aligned with the law.

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    Who keeps records on customs brokers?

    The Commission keeps all records related to customs brokers, including applications, exam results, and investigations.

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    What does the Board report annually?

    The Board submits an annual report to the Commission, outlining their activities and progress, and suggesting ways to improve the customs broker profession.

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    What is required to become a customs broker?

    Any individual seeking to become a registered and licensed customs broker must pass a specific examination.

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    What does the customs broker exam include?

    The Board conducts the examination, which covers various topics related to customs laws, tariff laws, and international trade.

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    How is the customs broker exam conducted?

    The examination is in writing and is administered at least once a year.

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    What topics are covered in the customs broker exam?

    The exam assesses understanding of Customs Laws and their implementation, Tariff Laws, and international trade agreements, along with other relevant topics.

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    What are the core subjects of the Customs Broker License Exam?

    The Act outlines the basic topics of the Customs Broker License Exam in the Philippines.

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    Who can become a licensed Customs Broker in the Philippines?

    Anyone who wants to become a licensed Customs Broker in the Philippines must be a Filipino citizen, hold a Bachelor's degree in Customs Administration, and pass the licensing exam.

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    What is the passing score for the Customs Broker License Exam?

    To pass the Customs Broker License Exam, you need an average score of 75% across all subjects, with no individual score below 60%.

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    How long does it take to get the results of the Customs Broker License Exam?

    The results of the Customs Broker License Exam will be released by the Board within 10 days of the last day of the examination.

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    What is the result of passing the Customs Broker License Exam?

    A Certificate of Registration will be issued to those who pass the Customs Broker License Exam, allowing them to practice the profession in any collection district in the Philippines.

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    Who oversees the licensing process for Customs Brokers?

    The Professional Regulatory Board (PRB) for Customs Brokers sets the standards for the profession and oversees licensing examinations.

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    Who is responsible for the general supervision of the Customs Broker profession?

    The Professional Regulation Commission (PRC), a national government agency, is responsible for the overall supervision of licenses for Customs Brokers.

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    Can the Customs Broker License Exam content change over time?

    The PRB can adjust the subject matter in the Customs Broker License Exam as needed to reflect technological advancements and industry changes.

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    What is a Professional Identification Card?

    A professional identification card issued to a registered customs broker, including registration number, date of issuance, expiry date, and the chairperson's signature.

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    How often is the Professional Identification Card renewed?

    The Professional Identification Card must be renewed every three years, requiring the broker to meet the board's requirements.

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    What prohibits someone from receiving a customs broker registration?

    The Board will not register or issue a certificate to anyone convicted of a criminal offense involving moral turpitude or found guilty of immoral/dishonorable conduct.

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    What actions can be taken against a registered customs broker's credentials?

    The Board has the authority to revoke a customs broker's registration or suspend their temporary permit for misconduct.

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    Can a revoked customs broker registration be reinstated?

    A revoked certificate of registration can be reinstated after a two-year waiting period. Lost or damaged cards can be replaced.

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    What is the 'Roster of Professional Customs Brokers'?

    The Board keeps a list of registered customs brokers containing important information like their names, addresses, and registration dates.

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    What are special or temporary permits?

    The Board can issue special or temporary permits to qualified individuals, allowing them to perform customs brokerage services for a limited time.

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    Study Notes

    Republic Act No. 9280 (Customs Brokers Act of 2004)

    • Short Title: Customs Brokers Act of 2004
    • Policy: Prioritize professionalizing the customs brokers profession for national and economic benefit.
    • Objectives: Standardize customs administration education, regulate customs brokers, and supervise their professional practice.

    Definition of Terms

    • Customs Broker: A person holding a valid Certificate of Registration/Professional Identification Card issued by the Professional Regulatory Board and Professional Regulation Commission.
    • Commission: Professional Regulation Commission
    • Board: Professional Regulatory Board for Customs Brokers

    Professional Regulatory Board

    • Creation: A board under the Professional Regulation Commission is established for customs brokers.
    • Composition: The Board will have a chairman and two members, appointed by the President of the Philippines from a list of three recommendations from the commission— based on five nominees from an accredited customs broker organization.
    • Composition Detail: The Board members must be Filipinos, of good moral character, not convicted of any crime involving moral turpitude, members in good standing of the customs broker organization, holders of Bachelor's or Master's Degree in Customs Administration, or registered and licensed customs brokers (with a minimum of 10 years of experience) not currently officers of the customs broker organization.

    Scope of Practice

    • Services: Consulting, preparing customs documents, handling declarations, representing importers and exporters, and providing related professional services.
    • Education & Employment: Customs brokers are considered in practice if either employed by private firms in customs-related positions or teaching customs-related courses in recognized institutions.

    Powers and Functions of the Board

    • Regulations: Create and enforce rules and regulations, including Code of Ethics and technical standards.
    • Supervision: Supervise and control the licensure, registration, and practice of customs brokers.
    • Evaluation: Evaluate the qualification of applicants.
    • Examination: Organize and prepare the examination questions and syllabi.
    • Permits: Issue special and temporary permits to customs brokers.
    • Enforcement/Inspections: Investigate violations and enhance ethical, professional standards, and technical knowledge in the industry.

    Licensure Examination

    • Frequency: Examinations will be held at least once a year.
    • Scope: Examinations encompass various areas, including Customs Laws, Tariff Laws, International Trade Agreements, documentations, customs procedures, and cargo handling operations.

    Professional Identification Card

    • Issuance: Issued to successful examinees.
    • Renewal: Renewed every three years.

    Penal Provisions

    • Violation Penalties: Those who violate the Act face a fine of at least ₱50,000 but not more than ₱500,000 and/or imprisonment of at least 6 years.

    Final Provisions

    • Implementing Rules: The Board will create and implement rules and regulations.
    • Appeals: Administrative decisions are subject to review if they aren't interlocutory.

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    Description

    Explore the key aspects of Republic Act No. 9280, also known as the Customs Brokers Act of 2004. This quiz covers the objectives, definitions, and the establishment of the Professional Regulatory Board for customs brokers. Test your understanding of this important legislation.

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