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Questions and Answers
Under what condition can decisions of the Board be subject to review?
Under what condition can decisions of the Board be subject to review?
What is a mandatory requirement for the Chairman and members of the Board at the time of their appointment?
What is a mandatory requirement for the Chairman and members of the Board at the time of their appointment?
Which of the following is NOT a requirement for a candidate to be appointed as a member of the Board?
Which of the following is NOT a requirement for a candidate to be appointed as a member of the Board?
Which of the following scenarios would disqualify an individual from becoming a member of the Board?
Which of the following scenarios would disqualify an individual from becoming a member of the Board?
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For how long do members of the Board hold office, prior to any reappointment or filling vacancies?
For how long do members of the Board hold office, prior to any reappointment or filling vacancies?
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What happens to the term of a Board member if a vacancy occurs?
What happens to the term of a Board member if a vacancy occurs?
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What is the standard renewal period for a Professional Identification Card for Customs Brokers?
What is the standard renewal period for a Professional Identification Card for Customs Brokers?
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What is the basis for the compensation of the Chairman and members of the Board?
What is the basis for the compensation of the Chairman and members of the Board?
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Assuming all qualifications are met, may an incumbent officer of the national organization of customs brokers be a member of the Board?
Assuming all qualifications are met, may an incumbent officer of the national organization of customs brokers be a member of the Board?
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Under what circumstance would the Board NOT register an applicant despite passing the exam?
Under what circumstance would the Board NOT register an applicant despite passing the exam?
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For what reasons can a Professional Customs Broker’s Certificate of Registration be revoked?
For what reasons can a Professional Customs Broker’s Certificate of Registration be revoked?
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After how long may a revoked Certificate of Registration be considered for reinstatement?
After how long may a revoked Certificate of Registration be considered for reinstatement?
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Besides names and addresses, what other information is included in the roster of professional customs brokers?
Besides names and addresses, what other information is included in the roster of professional customs brokers?
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Who is responsible for issuing the Professional Identification Card?
Who is responsible for issuing the Professional Identification Card?
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What must a registrant do in order to obtain their Professional Identification Card?
What must a registrant do in order to obtain their Professional Identification Card?
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What circumstance allows for the reissuance of a Professional Identification Card?
What circumstance allows for the reissuance of a Professional Identification Card?
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Under what circumstances can the President of the Philippines suspend or remove a member of the Board?
Under what circumstances can the President of the Philippines suspend or remove a member of the Board?
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Who is responsible for keeping the records of the Board?
Who is responsible for keeping the records of the Board?
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What is the Board required to submit at the close of each calendar year?
What is the Board required to submit at the close of each calendar year?
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How frequently are licensure examinations for customs brokers conducted?
How frequently are licensure examinations for customs brokers conducted?
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Which of the following is NOT specifically listed as a topic covered in the licensure examination for customs brokers?
Which of the following is NOT specifically listed as a topic covered in the licensure examination for customs brokers?
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What is the role of the Commission in relation to the Board?
What is the role of the Commission in relation to the Board?
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Who designates the secretary of the Board and provides secretariat services?
Who designates the secretary of the Board and provides secretariat services?
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In cases of administrative investigations involving customs brokers, who maintains the corresponding records?
In cases of administrative investigations involving customs brokers, who maintains the corresponding records?
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Which of the following is NOT a specifically mentioned subject area covered in the customs broker licensure examination?
Which of the following is NOT a specifically mentioned subject area covered in the customs broker licensure examination?
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According to the guidelines, what is the minimum passing grade required in each subject for a candidate to pass the customs broker licensure examination?
According to the guidelines, what is the minimum passing grade required in each subject for a candidate to pass the customs broker licensure examination?
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Within how many days from the last day of examination should the Board release the licensure examination results?
Within how many days from the last day of examination should the Board release the licensure examination results?
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What is a key condition under which a customs broker can practice their profession in any collection district, without needing another license from the Bureau of Customs?
What is a key condition under which a customs broker can practice their profession in any collection district, without needing another license from the Bureau of Customs?
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Aside from being of good moral character and not convicted of a crime involving moral turpitude, what is a specific nationality prerequisite for an applicant to take the customs broker licensure examination?
Aside from being of good moral character and not convicted of a crime involving moral turpitude, what is a specific nationality prerequisite for an applicant to take the customs broker licensure examination?
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Which of the following is NOT a criterion required for applicants seeking admission to the customs broker licensure examination?
Which of the following is NOT a criterion required for applicants seeking admission to the customs broker licensure examination?
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What additional educational qualification would allow a candidate a specified grace period, after the implementation of the Act, to qualify for the licensure examination?
What additional educational qualification would allow a candidate a specified grace period, after the implementation of the Act, to qualify for the licensure examination?
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Who is responsible for the issuance of the Certificate of Registration to successful candidates of the customs broker licensure examination?
Who is responsible for the issuance of the Certificate of Registration to successful candidates of the customs broker licensure examination?
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Under what specific condition can foreign professional customs brokers be granted special permits?
Under what specific condition can foreign professional customs brokers be granted special permits?
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What is the essential requirement that allows a successful examinee to begin practicing as a customs broker?
What is the essential requirement that allows a successful examinee to begin practicing as a customs broker?
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According to the provided information, what action is explicitly defined as engaging in the practice of a customs broker?
According to the provided information, what action is explicitly defined as engaging in the practice of a customs broker?
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What specific document must be signed by a customs broker under oath in relation to import and export entries?
What specific document must be signed by a customs broker under oath in relation to import and export entries?
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What is prohibited regarding the practice of the customs broker profession in the Philippines?
What is prohibited regarding the practice of the customs broker profession in the Philippines?
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According to the regulation, what activity is prohibited for Customs Brokers regarding their client's finances?
According to the regulation, what activity is prohibited for Customs Brokers regarding their client's finances?
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What is the status of professional customs brokers' organizations?
What is the status of professional customs brokers' organizations?
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What are the two documents necessary for a qualified professional to practice as a Customs Broker in accordance to the provided information?
What are the two documents necessary for a qualified professional to practice as a Customs Broker in accordance to the provided information?
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Upon registration with the Board, a customs broker automatically gains membership to which organization?
Upon registration with the Board, a customs broker automatically gains membership to which organization?
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Besides the accredited professional organization, what is the rule regarding membership to other associations for a customs broker?
Besides the accredited professional organization, what is the rule regarding membership to other associations for a customs broker?
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Which body is primarily responsible for prescribing the Code of Ethics and Technical Standards for customs brokers?
Which body is primarily responsible for prescribing the Code of Ethics and Technical Standards for customs brokers?
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How are existing customs brokers registered and licensed at the time of this Act's effect handled under the law?
How are existing customs brokers registered and licensed at the time of this Act's effect handled under the law?
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According to the Penal Provisions, what is the lower end of the range of potential fines for violating the Act or its implementing rules?
According to the Penal Provisions, what is the lower end of the range of potential fines for violating the Act or its implementing rules?
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What is the minimum imprisonment term that may be imposed to a person for violating this Act?
What is the minimum imprisonment term that may be imposed to a person for violating this Act?
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Which entity is tasked with ensuring that the implementation of this Act is included in the Commission’s program?
Which entity is tasked with ensuring that the implementation of this Act is included in the Commission’s program?
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Who is responsible for issuing the implementing rules and regulations for this Act?
Who is responsible for issuing the implementing rules and regulations for this Act?
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Study Notes
Republic Act No. 9280 (Customs Brokers Act of 2004)
- Short Title: Customs Brokers Act of 2004
- Policy: State prioritizes professionalizing customs broker practices benefiting the economy.
- Objectives: Standardization and regulation of customs administration education, examination and registration of customs brokers. Supervision, control, and regulation of customs brokerage profession.
- Customs Broker Definition: Person with valid Certificate of Registration/Professional Identification Card issued by the Professional Regulatory Board and Professional Regulation Commission.
- Commission Definition: Professional Regulation Commission
- Board Definition: Professional Regulatory Board for Customs Brokers
- Board Creation and Composition: Board is created under supervision of Commission, chaired by President-appointed individuals from a list of 3 recommended by the commission from a list of 5 nominees from an accredited professional organization of customs brokers.
- Scope of Practice: Consultation, preparation of customs documents, declaration of duties/taxes, representing importers/exporters, valuation/classification of imports and any other customs-related professional services.
Professional Regulatory Board for Customs Brokers (Powers and Functions)
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Powers and Functions:
- Promulgate, administer, and enforce rules, including Code of Ethics and Code of Technical Standards for customs brokers.
- Supervise and regulate licensure, registration, and practice of customs brokers.
- Determine and evaluate qualifications of applicants for registration and issuance of special/temporary permits.
- Prepare exam questions and syllabi, register successful examinees, issue corresponding Certificate of Registration and Professional Identification Card.
- Issue special/temporary permits to foreign customs brokers for specific projects and durations.
- Examine customs brokerage practices, enhance profession, and maintain high standards
- Coordinate with Commission for Higher Education (CHED) on facilities, standards, and essential requirements for customs administration courses.
- Investigate violations of the Act, implementing rules/regulations, and Code of Ethics.
- Issue subpoenas and subpoena duces tecum.
- Prepare guidelines for Continuing Professional Education (CPE).
- Perform other duties to implement the Act.
Qualifications of Board Members
- Citizenship: Philippine citizen and resident
- Moral Character: Good moral character, not convicted of crimes involving moral turpitude.
- Professional Membership: Member in good standing with accredited customs broker organization.
- Education: Graduate with Bachelor's Degree in Customs Administration, or Master's Degree in Customs Administration from a recognized college/university or registered/licensed customs broker before the Act's effectivity.
- Experience: At least 10 years of experience as a registered/licensed customs broker.
- No Incumbency: Not a regular/part-time faculty member in customs admin programs at any university or college; not in any pecuniary interest in such institution; and not currently an incumbent officer of the accredited national organization of customs brokers.
Licensure Examination and Registration
- Licensure Examination: All applicants for professional customs broker registration must pass a written examination administrated by the Board. At least annually.
- Examination Scope: Customs laws, implementing rules/regulations, tariff laws, international trade agreements, customs duties/taxes calculations, procedures/practices, and warehousing/cargo handling.
Penal and Final Provisions
- Penalties: Fines for violations of the Act and implementing rules / regulations. Ranges from at least ₱50,000 to ₱500,000 or imprisonment of not less than 6 years. These penalties are in the discretion of the court.
- Appropriations: Funding for Act implementation included in Commission's program under general appropriation act.
- Transitory Provisions: Existing customs broker board continues until new one is established.
- Implementing Rules/Regulations: Board must make Code of Ethics and other necessary rules/regulations, subject to Commission approval.
- Separability Clause: Declared unconstitutional parts of the Act do not affect other valid provisions.
- Repealing Clause: Replaces previous laws/regulations with conflicting provisions.
- Effectivity: Act takes effect 15 days after publication in the Official Gazette or a major Philippine newspaper.
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Description
This quiz covers the Republic Act No. 9280, also known as the Customs Brokers Act of 2004. It aims to professionalize the customs brokerage profession through regulation and standardization of practices. Test your knowledge on the key components and definitions within the act.
