Foreign Trade: Ports and Vessel Regulations

Ports Open to Vessels and Aircrafts Engaged in Foreign Trade

• Vessels and aircrafts in foreign trade must visit designated ports of entry, unless otherwise allowed by law.
• Existing government contracts for handling import/export cargo must not be diminished.
• Vessels or aircrafts arriving from a foreign port within a Philippine Customs District must dock at the designated port of entry.
• The District Collector of the port has authority over the vessel while it's within their jurisdiction.

Control Over Boarding/Leaving of Vessels

• Upon arrival of a vessel in foreign trade, it is unlawful for unauthorized persons to board or leave without customs officer permission.
• Only pilots, consuls, quarantine/customs officers, and authorized personnel can board or leave the vessel.
• Tugboats, rowboats, or other crafts cannot go alongside without authorization.
• Loitering near the vessel is prohibited.
• Unauthorized vessels must stay at least 50 meters away from vessels engaged in foreign trade.

Documents Required Upon Vessel Entry

• Upon entry, the master must present these certified documents to customs boarding officers:
  • Vessel's general declaration.
  • Original cargo manifest for the port (returned with endorsement).
  • Three copies of the original manifest (one copy certified and returned).
  • Cargo stowage plan copy.
  • Two copies of the store list.
  • One copy of the passenger list.
  • One copy of the crew list.
  • Original copy of through cargo manifest (deposited with customs officer).
  • Passenger manifest with foreigner names (per immigration laws).
  • One copy of the original duplicate of fully accomplished bill of lading.
  • Shipping goods and register of vessel (if Philippine registry).
  • Other related documents.

Manifest Requirements for Vessels from Foreign Ports

• Vessels from foreign ports must have a complete cargo manifest on board.
• Separate cargo manifests are required for each port of call in the Philippines.
• Each manifest must include:
  • Port of departure and delivery.
  • Marks, numbers, quantity, and description of packages.
  • Names of consignees.
• Vessels must have complete manifests for passengers and baggage.
• Vessels must present a complete list of sea stores upon arrival.
• If no cargo or passengers are carried, the manifest must indicate this.
• An electronic copy of the cargo manifest must be sent in advance by the shipping company, NVOCC, freight forwarder, cargo consolidator, or their agents within the period determined by the Bureau before the vessel arrives.
• Two hard copies of the cargo manifest are required for the Port of Manila (PoM) and Manila International Container Port (MICP), and one copy for other ports of entry.
• Cargo manifests cannot be altered after vessel entry except via sworn amendment by the master, consignee, or agent.
• Amendments are not allowed after invoice or goods declaration are recorded, unless due to clerical error or discrepancy, and it lacks fraudulent intent.

Translation of Manifest

• Cargo manifests written in a foreign language must include an English translation.

Manifests for Commission on Audit (COA) and District Collector

• The Bureau provides electronic manifest copies to the COA Chairperson upon vessel arrival.
• The master must present the original cargo manifest (endorsed by the boarding officer) and the ship's register, clearance, and departure papers to the District Collector.

Production of Philippine Crew

• The master of a Philippine vessel returning from abroad must produce the entire crew.
• For missing crew members, the master must provide proof of death, desertion, forced service, or discharge.
• Discharge in a foreign country requires a certificate from the Philippine consul verifying consent.

Record of Arrival and Entry

• Customs Districts must keep a public record of vessel and aircraft arrival and entry dates.

Arrest of Vessel/Aircraft Departing Before Entry

• If a vessel/aircraft departs or attempts to depart before entry (without necessity), the District Collector can arrest and bring it back to port with the assistance of concerned agencies.

Discharge of Ballast

• Ballast with no commercial value can be discharged with a permit from the District Collector.

Time of Unloading Cargo

• Unloading cargo from a vessel/aircraft during non-working hours is allowed with payment of service fees.

Entrance of Vessel Through Necessity

• If a vessel is forced to enter a port due to weather or necessity, the master must make a protest under oath within 24 hours.
• If the protest is not made before the District Collector, it must be produced and lodged with them.
• The master must report any cargo unloaded or lost due to necessity/casualty within 24 hours and provide sufficient proof.
• The District Collector's approval validates the unloading.

Unloading of Vessel in Port from Necessity

• If unloading is required during sojourn, the District Collector can grant a permit with sufficient proof of necessity.
• The goods must be unloaded and stored under customs officer supervision.
• The District Collector may allow payment of duties/taxes and disposal of perishable cargo to cover vessel expenses..
• Upon departure, cargo can be reloaded for transport to its destination, subject to storage fees and entrance/clearance fees.
• Vessels entering due to weather or other urgent necessities are exempt from port charges.

Entry/Clearance of Foreign Government Vessels

• Entry and clearance of foreign government transport or supply ships are based on agreements between the Philippines and the foreign government.

Clearance of Vessel for Foreign Port

• Before clearance, the master or agent must present these authenticated documents to the District Collector:
  • Bill of health from the quarantine officer or public health service.
  • Three copies of the export cargo manifest (one copy certified and returned).
  • Two copies of the passenger list, showing foreigners and other passengers.
  • Register and shipping goods (if Philippine registry).
  • Clearance issued by the last port of entry.
  • Certificate from the Philippine Postal Corporation confirming timely notice of sailing

Detention of Warlike Vessel Containing Arms and Munitions

• District Collectors must report or detain commercial vessels built for warlike purposes departing with arms and munitions.
• This applies if the vessel's crew size or other circumstances suggest it will be used against a foreign entity at peace with the Philippines.
• Detention continues until the President's decision or the owner provides security (double the vessel/cargo value) against such use.

Oath of Master of Departing Vessel

• The master must swear that:
  • All cargo destined for the Philippines has been duly discharged or accounted for.
  • A true copy of the outgoing cargo manifest has been furnished to the Bureau.
  • No un-stamped letters/packets will be conveyed (except those related to the vessel).
  • All mails placed on board before departure have been delivered.
  • If clearing without passengers, no unauthorized persons will be carried.

Extension of Time for Clearance

• The master must indicate the intended departure time.
• If the vessel remains in port 48 hours after that time, the master must report to the District Collector for an extension.
• Without an extension, the original clearance is voided.

Advance Notice of Aircraft Arrival

• Nonscheduled Arrivals: A timely notice of intended flight must be given to the District Collector (or customs officer-in-charge) and quarantine/immigration officers.
• If notice facilities are unavailable, radio equipment should be used to give adequate notice.
• If government officers haven't arrived upon landing, the pilot-in-command must hold the aircraft, baggage, and passengers/crew until inspection.
• Scheduled Arrivals: Advance notice is not required for airlines arriving on a regular schedule filed with the District Collector and quarantine/immigration officers.

Landing at International Airport of Entry

• Aircraft must land at an international airport of entry unless an emergency occurs or permission is granted by the Commissioner.
• The owner/operator pays inspection expenses.
• The aircraft is subject to the District Collector's authority.
• In case of emergency, the pilot-in-command cannot allow removal of goods/baggage/passengers without customs permission, unless necessary for safety or communication.
• The pilot-in-command (or crew member/owner) must report the flight circumstances to the intended place of landing or the nearest international airport.

Report of Arrival and Entry of Aircraft

• The pilot-in-command must report arrival to the District Collector.
• The aircraft will be boarded by quarantine and customs officers.
• No one can board or leave without customs officer permission.
• The pilot-in-command or agent must make the necessary entry.
• The aircraft cannot depart or discharge goods/passengers without permission.

Documents Required in Making Entry for Aircraft

• Four copies of a general declaration are required, including:
  • Owner/operator name, aircraft registration, nationality, and flight number.
  • Points of clearance and entry, and date of arrival.
  • Health and customs clearance at the last airport of departure.
  • Aircraft itinerary (origin, departure dates).
  • Names and nationality of crew members.
  • Passenger manifest (embarkation and destination points).
  • Cargo manifest (airway bill number, number of packages, nature of goods, destination, gross weight, and airway bill copies).
  • Store list.
  • Other required documents.
• The general declaration must be in English and signed by the pilot-in-command or operator/agent.
• Health and customs clearance sections must be signed by the pilot-in-command or a crew member.
• If no cargo/passengers, the manifest must indicate this.
• Cargo manifests cannot be altered after entry except via sworn amendment by the pilot-in-command or authorized agent.
• Amendments aren't allowed once the invoice/goods declaration is recorded, unless due to clerical errors or discrepancies without fraudulent intent.

Manifests for Commission on Audit (COA) and District Collector

• Upon aircraft arrival from a foreign port, the Bureau provides electronic copies of the manifest to the COA Chairperson.
• The master presents the original cargo manifest (endorsed by the boarding officer) and the aircraft's register/clearance documents to the District Collector.

Clearance of Aircraft for Foreign Port

• The Commissioner grants clearance at an airport of entry.
• Four copies of a general declaration are required, including:
  • Owner/operator name, aircraft registration, nationality, and flight number.
  • Port of clearance, date, and destination.
  • Health and customs clearance.
  • Aircraft itinerary (destination, departure date).
  • Names and nationality of crew members.
  • Passenger manifest (destination points).
  • Export cargo manifest (airway bill number, number of packages, nature of goods, destination, gross weight, and airway bill copies).
  • Store list (stores loaded).

Oath of Person-in-Charge of Departing Aircraft

• The pilot-in-command or agent must swear that:

  • All cargo destined for the Philippines has been duly discharged and accounted for.
  • The aircraft has not received nor will convey any un-stamped letters/packets (except those related to the cargo).
  • All mails placed on board before departure from the Philippines were delivered to the proper foreign port.

• An aircraft departing without passengers cannot carry any.

• A public record of arrival and entry dates of all aircraft must be kept in every customs office at an airport of entry.