Ports of Entry and Vessel Regulations

Ports and Entry

• Vessels and aircrafts in foreign trade can only visit designated ports of entry, unless specifically allowed by law.
• Existing government contracts for handling import/export cargo must be honored.
• Vessels/aircrafts arriving from a foreign port must dock at a designated port of entry and are under the District Collector's authority.

Vessel Boarding and Leaving Regulations

• Only pilots, consuls, quarantine, and customs officers and other authorized personnel are allowed to board or leave a vessel engaged in foreign trade upon arrival without customs officer permission.
• Tugboats, rowboats, or other crafts must not go alongside the vessel without authorization.
• Unauthorized personnel are prohibited from boarding, and loitering near the vessel is not allowed.
• Unauthorized vessels must stay at least 50 meters away from vessels engaged in foreign trade.

Documents Required Upon Vessel Entry

• Vessel's general declaration.
• Original cargo manifest for the port, to be returned with boarding officer's endorsement.
• Three copies of the original manifest, one certified and returned to the master.
• Cargo stowage plan copy.
• Two copies of the store list.
• Passenger list copy.
• Crew list copy.
• Original copy of all through cargo manifest.
• Passenger manifest with names of all foreigners.
• Original duplicate copy of fully accomplished bill of lading.
• Shipping goods and register of the vessel if Philippine registry.
• Other related documents.

Cargo Manifest Requirements

• Every vessel from a foreign port must have a complete cargo manifest.
• Cargo manifests must be separate for each port of call in the Philippines, including port of departure/delivery, marks, numbers, quantity, package descriptions, and consignee names.
• Vessels must have complete manifests of passengers and baggage, detailing destination and information required by immigration laws.
• Vessels arriving in the Philippines must present a list of all sea stores on board.
• If a vessel carries no cargo or passengers, the manifest must state this.
• Shipping companies, NVOCCs, freight forwarders, consolidators, or their agents must electronically send a true copy of the cargo manifest in advance within a period determined by the Bureau.
• Upon arrival, two hard copies needed in the Port of Manila (PoM)/Manila International Container Port (MICP), one for other ports.
• Cargo manifests cannot be altered after vessel entry without a sworn amendment by the master, consignee, or agent.
• Amendments are not allowed after the invoice/goods declaration is received, unless a non-fraudulent clerical error or discrepancy is discovered after examination.

Manifest Translation and Submission

• Cargo manifests written in a foreign language must be accompanied by an English translation.
• Upon a vessel's arrival, the Bureau provides electronic manifest copies to the COA Chairperson.
• The master must present the original cargo manifest (endorsed by the boarding officer), ship's register, and clearance papers from the port of departure to the District Collector.

Crew Requirements

• The master of a Philippine vessel returning from abroad must produce the entire crew listed in the shipping crew manifest.
• If a crew member is missing, the master must provide proof of death, desertion, forced impressment, or discharge.
• If discharged abroad, a certificate from the Philippine consul, vice consul, or consular agent confirming the discharge is required.

Vessel and Aircraft Records and Arrest

• A public record of the arrival and entry of all vessels and aircraft must be kept in every Customs District.
• A District Collector can arrest a vessel or aircraft departing or attempting to depart before entry is made (unless due to weather, duress, or necessity).

Ballast and Cargo Unloading

• Ballast with no commercial value can be discharged with a permit from the District Collector.
• Cargo unloading during non-working hours is allowed with payment of service fees at rates set by the Commissioner.

Vessels Entering 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, explaining the circumstances.
• 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 due to necessity or lost by casualty within the same time frame, providing sufficient proof to the District Collector for approval.

Unloading in Port Due to Necessity

• If unloading is needed during a vessel's port stay, the District Collector may grant a permit with sufficient proof of necessity, and the goods are stored under customs supervision.
• The District Collector can allow the port entry, payment of duties/taxes, and disposal of perishable cargo or cargo needed to cover vessel expenses.
• Upon departure, the cargo can be reloaded, subject to storage and safekeeping charges and entry/clearance fees.
• Port charges are waived for vessels entering due to weather, duress, or other urgent needs.

Foreign Government Vessels

• Entry and clearance of transport/supply ships of a foreign government are in accordance with agreements between the Philippines and that government.

Vessel Clearance for Foreign Port

• Before clearance for a foreign port, the master or agent must present:
• A bill of health from the quarantine officer or public health service.
• Three copies of the export cargo manifest, one certified and returned to the master.
• Two copies of the passenger list.
• The register and shipping goods if the vessel is of Philippine registry.
• Clearance from the last port of entry.
• A certificate from the Philippine Postal Corporation confirming timely notice of sailing.
• The District Collector cannot allow a vessel to sail if the master/agent refuses to transport mail for reasonable compensation.
• If the Postmaster General and master/agent disagree on compensation, a Board of Referees will decide.

Detention of Warlike Vessels

• District Collectors must report or detain vessels of commercial registry built for warlike purposes, carrying arms, munitions, and/or an unusual number of men, suspected of intending hostilities against a state at peace with the Philippines.
• Detention continues until the President's decision or a security bond (double the value of the vessel and cargo) is provided to prevent the vessel's use for hostilities.

Oath of Departing Vessel Master

• The master of a departing vessel must swear that:
• All cargo destined for the Philippines has been 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 relating to the vessel), and all mails placed on board have been delivered.
• If clearing without passengers, no passengers or unauthorized persons are on board.

Clearance Time Extension

• The master must indicate the intended departure time at clearance.
• If the vessel remains in port 48 hours after the indicated time, the master must report to the District Collector for an extension; otherwise, the original clearance is voided.

Aircraft Arrival Notices

• Nonscheduled arrivals: A timely notice of intended flight must be given to the District Collector, customs officer, and quarantine/immigration officers.
• If notice facilities are unavailable, radio equipment should be used to give adequate notice, or landing should be made at a place with navigational facilities.
• If government officers have not arrived upon landing, the pilot must hold the aircraft, baggage, and goods intact and keep passengers/crew segregated until inspection.
• Scheduled arrivals: Advance notice is not required for airlines arriving on a regular schedule filed with the District Collector, quarantine, and immigration officers.

Landing at International Airports

• Aircraft arriving from a foreign port must first land at an international airport of entry, unless permission is obtained from the Commissioner to land elsewhere.
• In cases where aircraft lands elsewhere the owner, operator, or person in charge of the aircraft pays for inspection expenses, and the aircraft is subject to the District Collector’s authority.
• In an emergency or forced landing outside the District Collector’s jurisdiction, the pilot cannot allow removal of goods, baggage, passengers, or crew without customs officer permission, unless for safety, communication, or preservation of life/property.
• The pilot or crew must communicate with the customs officer at the intended landing place/nearest international airport and report the flight's circumstances.

Aircraft Arrival Reporting and Entry

• Upon arrival from a foreign port, the pilot-in-command must report to the District Collector or customs officer.
• The aircraft will be boarded by a quarantine officer, then a customs officer, after which no one can board or leave without customs permission.
• The pilot-in-command or agent must make the necessary entry.
• The aircraft cannot depart or discharge goods/passengers without the District Collector's permission.

Documents Required for Aircraft Entry

• Four copies of a general declaration must be presented, including:
  • Owner/operator name, aircraft registration, nationality, and flight number.
  • Points of clearance/entry and arrival date.
  • Health and customs clearance at the last departure airport.
  • Aircraft itinerary.
  • Names/nationalities of crew members.
  • Passenger manifest.
  • Cargo manifest with airway bill number, number of packages, goods nature, destination, and gross weight (with airway bill copies).
  • Store list.
  • Other documents required by the Bureau.
• The general declaration must be in English, signed by the pilot-in-command/operator/agent.
• Health and customs clearances are signed by the pilot-in-command or a crew member.
• If the aircraft carries no cargo/passengers, this must be stated in the manifest.
• Amendments to the cargo manifest after aircraft entry must be sworn and attached to the original.
• No amendments allowed after invoice/goods declaration receipt, unless correcting a non-fraudulent clerical error discovered after examination.

Manifests for COA and District Collector (Aircraft)

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

Aircraft Clearance for Foreign Port

• An aircraft bound for a foreign port must obtain clearance from the Commissioner at an authorized airport of entry.
• Four copies of a general declaration signed by the pilot-in-command/agent must be presented, including:
  • Owner/operator name, aircraft registration, nationality, and flight number.
  • Port of clearance, date, and destination.
  • Health and customs clearance.
  • Aircraft itinerary.
  • Names/nationalities of crew members.
  • Passenger manifest.
  • Export cargo manifest with airway bill number, number of packages, goods nature, destination, and gross weight (with airway bill copies).
  • Store list.

Oath of Person-in-Charge of Departing Aircraft

• The pilot-in-command/agent of a departing aircraft must swear that:
  • All cargo destined for the Philippines has been discharged and accounted for.
  • The aircraft has not received/will not convey unstamped letters/packets (except those relating to the cargo), and all mails have been delivered to the proper foreign port.
• An aircraft cleared to depart without passengers cannot carry any passengers.
• A record of aircraft arrival and entry dates must be publicly available in every customs office at an airport of entry.

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

• A distressed vessel can get a permit to unload cargo upon written request of the Master or Agent, approved by the Collector of Customs.
• If cargoes are cleared in the port where discharged, the rules for cargoes destined for the port apply.
• Cargoes must be discharged onto the pier unless authorized by a Shipside Discharge Permit.
• If discharged into lighters, they must be closed, secured, locked, sealed with Customs seal, and under guard until final disposition.

Permits for Discharge and Lading of Cargo

• A Customs Senior Boarding Officer issues a "General Permit" upon placing the vessel under Customs surveillance and control.
• The General Permit does not authorize loading export cargo or delivering import cargo at ship's side without required entries/permits.
• The Customs Inspector assigned on board endorses the General Permit, noting if all import cargoes have been discharged, and includes it in their report.

Permit Endorsements

• All endorsements/returns must be signed over the printed name, clearly and legibly.
• Minor corrections must be initialed by the endorsing officer; all other permits are endorsed on the reverse side.

Shipside Permits

• A Shipside Permit, approved by the Collector of Customs or Deputy Collector for Operations, authorizes the Customs Inspector to allow discharge of cargoes at shipside onto lighters, under guard.
• Shipside Permit: authority for customs inspector to allow cargo discharge at shipside onto lighters, under guard.
• Regular Shipside Permit: For "regular shipside cargoes."
• Special Shipside Permit: For cargoes not considered "regular shipside cargoes" (ballast, garbage, provisions, watering, bunkering, vessel parts for repair); requires authority from the Collector of Customs.
• Temporary Shipside Permit: Emergency written authority to discharge cargoes at shipside unto lighters, without entry, as an emergency measure.
  • Conditions: cargo is continuously under guarded, the lighter remains in the Customs designated barge pool area until the Regular Shipside Permit is issued, and the Deputy Collector for Operations is notified.

Electronic Manifest (e-Manifest) - Air Freight

• e-IFM: Submitted by shipping lines, contains master bill of lading details.
  • Port of Origin (Asia): 2 hours before arrival (if flight time is over 2 hours), 1 hour if shorter
  • Outside of Asia: 4 hours before arrival (CMO 23-2011)
  • 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: Submitted by consolidators/freight forwarders, contains house bill of lading information for consolidated shipments.
  • 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 or 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 eIFM (CMO 10-2015)

Load Port Survey and Cargo Unloading

• Discharge Port Survey (DPS) Report: Issued by an Accredited Cargo Surveying Company (ACSC) for bulk or break-bulk cargo after a survey at the discharge port.
• General Permit: Upon completing boarding formalities, the customs officer issues a General Permit for cargo discharge.
• The General Permit isn't authority for delivery/transfer of import cargo at ship's side or to other areas without the required permits.
• The customs officer endorses the General Permit, noting if all import cargoes have been discharged, and includes it in their report.
• Discharging Containerized Cargoes: Requires a general permit. The customs officers verify container numbers, check container seals, and submit a Discharging Report to the Chief, PID.
• Discharging Bulk and Break-bulk: Requires a Load Port Survey Report (LPSR) per Administrative Order No. 2436 as amended by Administrative Order No. 243-A.
• The MISTG provides the PID electronic LPSR copies before vessel arrival.
• Without the LPSR, a Discharge Port Survey (DPS) is required before discharge; the Bureau may allow discharge with continuous under guarding. Requires a daily approved request for DPS prior to the discharge thereof.

Shipside Permit Details

• Php1800 for shipside permit
• In addition to the General Permit and LPSR/DPS, shipside discharge needs a Shipside Permit from the District Collector.
• Upon Shipside Permit receipt, the customs officer verifies the shipment against the Cargo Manifest, issues a Transfer Note, and assigns an officer to check the permit and under guard the lighter.
• For Bulk cargoes discharged onto lighters, the customs officer obtains the ton/inch immersion table of the lighter.
• For vessels at anchorage, personal effects/parcel cargoes are discharged at shipside onto the launch for delivery to the PID, under guarded, where they are received.
• Cargoes are released upon presentation of a Statement of Settlement of Duties and Taxes (SSDT).

Special Permits

• Discharge of Ballast: Requires a permit from the District Collector, subject to DENR rules.
• Direct to Truck Transfer: Requires a written request from the Consignee/importer, approved by the District Collector.
• Discharging of Vessel Sludge: Requires approval by the District Collector, subject to PPA rules. A sludge sample is taken for examination.
• Bunkering Permit: Refueling requires a permit from the Bureau.
• Transfer to Another Vessel: Requires a permit from the District Collector.
• Shifting of Cargoes: Requires a written request from the Master/Agent, approved by the District Collector.
• Passengers' Baggage, Parcel List, and Crews' Personal Effects:
• Immediate discharge of these items is required. The customs officer ensures baggage/parcels are transferred to the PID, under guarded, with proper receipt noted.
• No permit needed for baggage discharge and landing. If discharged into a carrier, it must be under guarded to the PID.

Penalties

• General penalty tiers:
  • First Offense: Php100,000.00
  • Second Offense: Php200,000.00
  • Third Offense: Php300,000.00
• Specific penalties:
  • Vessel or Aircraft Departing Before Undergoing Customs Formalities (8.1): Standard penalty tier applies.
  • Obstruction to Boarding Officer (8.2): Standard penalty tier applies.
  • Unlawful Boarding of or Disembarking from the Vessel or Aircraft (8.3): Standard penalty tier applies.
• Unloading Cargo Before Arrival at Port of Entry (8.4):Tiered penalty of Php500,000 (first offense), Php1,000,000 (second), Php2,000,000 (third).
• Unloading of Cargo at Improper Time or Place After Arrival (8.5): Standard penalty tier applies.
• Failure to Exhibit or Deposit Documents (8.6): Standard penalty tier applies.
• Bringing of Unmanifested Arms, Explosives (8.7): Tiered penalty of Php500,000 (first offense), Php750,000 (second), Php1,000,000 (third).
• Failure to Supply Advance and Requisite Manifests (8.8): Standard penalty tier applies.
• Breaking of the seal placed by customs officer (8.9): Standard penalty tier applies for each broken or destroyed seal.
• Disappearance of Manifested Goods (8.10): Tiered penalty of Php500,000 (first offense), Php750,000 (second), Php1,000,000 (third).