Republic Act No. 9280: Customs Brokers Act of 2004

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Questions and Answers

Under what condition can decisions of the Board be subject to review?

  • All decisions are subject to review upon request by any party
  • Decisions, rendered in an administrative case, that are not interlocutory, are subject to review only if on appeal (correct)
  • All Board decisions are subject to automatic review by a higher authority
  • Only interlocutory orders are subject to review by appeal

What is a mandatory requirement for the Chairman and members of the Board at the time of their appointment?

  • Must own property within the Philippines
  • Must be a natural-born citizen of the Philippines with dual citizenship
  • Must be a citizen and resident of the Philippines (correct)
  • Must have been a resident of the Philippines for at least 5 years

Which of the following is NOT a requirement for a candidate to be appointed as a member of the Board?

  • Must have a Bachelor's degree in any field from a recognized university (correct)
  • Must be a member in good standing of a recognized customs broker organization
  • Must have at least ten years of experience in the field and a valid license
  • Must be of good moral character and free from crimes involving moral turpitude

Which of the following scenarios would disqualify an individual from becoming a member of the Board?

<p>Being a part-time faculty member at a school with a customs administration review course (D)</p> Signup and view all the answers

For how long do members of the Board hold office, prior to any reappointment or filling vacancies?

<p>Three years or until their successors are appointed (C)</p> Signup and view all the answers

What happens to the term of a Board member if a vacancy occurs?

<p>The new appointee only serves the remainder of the term (B)</p> Signup and view all the answers

What is the standard renewal period for a Professional Identification Card for Customs Brokers?

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

What is the basis for the compensation of the Chairman and members of the Board?

<p>They receive compensation and allowances comparable to other professional regulatory boards (A)</p> Signup and view all the answers

Assuming all qualifications are met, may an incumbent officer of the national organization of customs brokers be a member of the Board?

<p>No, their position makes them ineligible for service on the Board (C)</p> Signup and view all the answers

Under what circumstance would the Board NOT register an applicant despite passing the exam?

<p>If the applicant has been found guilty of a criminal offence involving moral turpitude. (C)</p> Signup and view all the answers

For what reasons can a Professional Customs Broker’s Certificate of Registration be revoked?

<p>For unprofessional or unethical conduct, or a violation of the Act. (A)</p> Signup and view all the answers

After how long may a revoked Certificate of Registration be considered for reinstatement?

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

Besides names and addresses, what other information is included in the roster of professional customs brokers?

<p>The dates of registration or issuance of certificates. (A)</p> Signup and view all the answers

Who is responsible for issuing the Professional Identification Card?

<p>The Chairperson of the Commission (A)</p> Signup and view all the answers

What must a registrant do in order to obtain their Professional Identification Card?

<p>Pay required fees. (C)</p> Signup and view all the answers

What circumstance allows for the reissuance of a Professional Identification Card?

<p>If the card is lost, destroyed or mutilated. (D)</p> Signup and view all the answers

Under what circumstances can the President of the Philippines suspend or remove a member of the Board?

<p>Upon recommendation of the Commission for various offenses including neglect of duty, abuse of power, or any criminal offense involving moral turpitude. (C)</p> Signup and view all the answers

Who is responsible for keeping the records of the Board?

<p>The Commission (B)</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 detailing its proceedings and accomplishments. (A)</p> Signup and view all the answers

How frequently are licensure examinations for customs brokers conducted?

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

Which of the following is NOT specifically listed as a topic covered in the licensure examination for customs brokers?

<p>Accounting Principles and Practices (B)</p> Signup and view all the answers

What is the role of the Commission in relation to the Board?

<p>The Commission provides general supervision and administrative control over the Board. (C)</p> Signup and view all the answers

Who designates the secretary of the Board and provides secretariat services?

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

In cases of administrative investigations involving customs brokers, who maintains the corresponding records?

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

Which of the following is NOT a specifically mentioned subject area covered in the customs broker licensure examination?

<p>Customs Law and Legal Framework (C)</p> Signup and view all the answers

According to the guidelines, what is the minimum passing grade required in each subject for a candidate to pass the customs broker licensure examination?

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

Within how many days from the last day of examination should the Board release the licensure examination results?

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

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?

<p>If they possess a valid Certificate of Registration. (B)</p> Signup and view all the answers

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?

<p>Must be a citizen of the Philippines or a foreign country with reciprocity agreements. (B)</p> Signup and view all the answers

Which of the following is NOT a criterion required for applicants seeking admission to the customs broker licensure examination?

<p>Must have no history of involvement in smuggling or illegal activities related to customs. (C)</p> Signup and view all the answers

What additional educational qualification would allow a candidate a specified grace period, after the implementation of the Act, to qualify for the licensure examination?

<p>A master's degree in Customs Administration (C)</p> Signup and view all the answers

Who is responsible for the issuance of the Certificate of Registration to successful candidates of the customs broker licensure examination?

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

Under what specific condition can foreign professional customs brokers be granted special permits?

<p>If there is a shortage of local brokers and their services are urgently needed to enhance the profession. (A)</p> Signup and view all the answers

What is the essential requirement that allows a successful examinee to begin practicing as a customs broker?

<p>Taking an oath of profession before a member of the Board or other authorized persons. (A)</p> Signup and view all the answers

According to the provided information, what action is explicitly defined as engaging in the practice of a customs broker?

<p>Any single act related to customs processes outlined in Section 6. (A)</p> Signup and view all the answers

What specific document must be signed by a customs broker under oath in relation to import and export entries?

<p>The import and export entry declaration by a client's request. (C)</p> Signup and view all the answers

What is prohibited regarding the practice of the customs broker profession in the Philippines?

<p>Practicing without a valid Certification of Registration, Professional Identification Card or special/temporary permit. (D)</p> Signup and view all the answers

According to the regulation, what activity is prohibited for Customs Brokers regarding their client's finances?

<p>Financing the payment of duties, taxes, and other port charges on behalf of client-importers. (B)</p> Signup and view all the answers

What is the status of professional customs brokers' organizations?

<p>They must have one and only one national organization accredited by regulatory bodies. (A)</p> Signup and view all the answers

What are the two documents necessary for a qualified professional to practice as a Customs Broker in accordance to the provided information?

<p>A Certificate of Registration and a Professional Identification Card or a special/temporary permit. (B)</p> Signup and view all the answers

Upon registration with the Board, a customs broker automatically gains membership to which organization?

<p>The accredited professional organization of customs brokers. (C)</p> Signup and view all the answers

Besides the accredited professional organization, what is the rule regarding membership to other associations for a customs broker?

<p>Membership in the accredited organization does not bar membership in other customs broker associations. (C)</p> Signup and view all the answers

Which body is primarily responsible for prescribing the Code of Ethics and Technical Standards for customs brokers?

<p>The accredited professional organization of customs brokers. (D)</p> Signup and view all the answers

How are existing customs brokers registered and licensed at the time of this Act's effect handled under the law?

<p>They are automatically registered under the new regulations. (A)</p> Signup and view all the answers

According to the Penal Provisions, what is the lower end of the range of potential fines for violating the Act or its implementing rules?

<p>₱50,000.00 (C)</p> Signup and view all the answers

What is the minimum imprisonment term that may be imposed to a person for violating this Act?

<p>6 years (A)</p> Signup and view all the answers

Which entity is tasked with ensuring that the implementation of this Act is included in the Commission’s program?

<p>The Professional Regulation Commission (B)</p> Signup and view all the answers

Who is responsible for issuing the implementing rules and regulations for this Act?

<p>The Board of Customs Brokers, subject to the approval of the Commission, in coordination with the accredited professional organization. (D)</p> Signup and view all the answers

Flashcards

Review of Board Decisions

Decisions of the Board, except for temporary rulings, are only reviewable by an appeal.

Citizenship Requirement

A candidate for the Board must be a citizen and resident of the Philippines.

Moral Character Requirement

A candidate must be of good moral character and not have a criminal record involving moral turpitude.

Professional Membership Requirement

A candidate must be a member in good standing of the accredited professional organization of customs brokers.

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Education Requirement

A candidate must have a Bachelor's Degree in Customs Administration or a Master's Degree in Custom Administration, or have been a registered and licensed customs broker before the act was passed.

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Experience Requirement

A candidate must be a registered and licensed customs broker with at least 10 years of experience prior to appointment.

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Education Institution Restriction

A candidate cannot be a faculty member or have a financial interest in a school offering customs administration courses.

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Professional Organization Restriction

A candidate cannot be an officer of the accredited national organization of customs brokers.

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Curriculum Flexibility

The Board may adjust the curriculum in response to industry changes, adding or removing subjects as needed.

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Moral Character Check

A candidate must prove they have a good moral character and have not been convicted of serious crimes.

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Exam Passing Score

An aspiring customs broker needs to pass the exam with an overall average of at least 75% and no score below 60% in any individual subject.

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Exam Results Release

The Board releases the results of the exam within 10 days from the last day of testing.

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Certification of Registration

Applicants who pass the exam receive a Certification of Registration after paying the required fees, allowing them to practice as Customs Brokers in any district within the Philippines.

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Certificate Validity

The Certificate of Registration is valid unless it is revoked or suspended for violating the act.

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Professional Identification Card

A document issued to a registered customs broker that proves their qualification and allows them to practice.

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Registration of a Customs Broker

The process of applying for and receiving a license to work as a customs broker.

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Revocation of a Customs Broker License

A professional customs broker can have their license revoked for breaking ethical rules or engaging in wrongdoing.

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Reinstatement of a Customs Broker License

A professional customs broker who has had their license revoked may get it back after a waiting period.

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Temporary Permit for Customs Brokers

A temporary license granted to a customs broker for a specific period or purpose.

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Refusal to Register a Customs Broker

The Board of Customs Brokers can refuse to issue a license if a candidate has committed a crime or engaged in unethical behavior.

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Roster of Professional Customs Brokers

A formal list of all registered professional customs brokers in the country.

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Special Permit for Customs Brokers

A special permit issued to a customs broker for a specific purpose or task.

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Grounds for Suspension/Removal of Board Members

The President of the Philippines can suspend or remove the chairman or any member of the Board of Customs Brokers after an administrative investigation based on certain grounds such as neglect of duty, abuse of power, incompetence, unethical conduct, or a criminal conviction.

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Commission's Role in Supervision

The Commission oversees the Board of Customs Brokers, manages their records, and provides administrative support for the Board.

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Board's Annual Report

The Board is required to provide an annual report to the Commission detailing its activities and accomplishments, and suggesting improvements to the customs broker profession.

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Licensure Examination for Customs Brokers

To practice as a customs broker in the Philippines, individuals must pass a licensing exam covering various topics related to customs laws, international trade, and related fields.

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Scope of the Customs Broker Exam

The scope of the licensure examination for customs brokers includes the following:

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Customs Laws in the Exam

Customs laws and their implementing rules and regulations are part of the licensure exam for customs brokers.

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Tariff Laws and Trade Agreements in Exam

Tariff laws and international trade agreements are part of the licensure exam for customs brokers.

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Transportation and Logistics in the Exam

The licensure exam for customs brokers includes topics related to transportation and logistics.

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Certification of Registration and Professional Identification Card

A document that proves someone is a licensed and registered customs broker in the Philippines.

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Special or Temporary Permit

A permit that lets foreign customs brokers work temporarily in the Philippines to address a shortage of local customs brokers.

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Valid Certification of Registration

A document that allows a person to legally practice as a customs broker. It's granted after passing the licensure exam.

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Oath of Profession

The oath a successful customs broker candidate has to take before practicing customs brokerage in the Philippines.

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Accredited Professional Organization

The sole national organization for professional customs brokers in the Philippines. It's recognized by the Board.

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Prohibition on Financing Activities

Customs brokers are not allowed to give money to importers to cover things like duties, taxes, and port fees.

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Acts Constituting the Practice of Customs Broker Profession

Any single act or transaction related to entering goods into the Philippines counts as practicing as a customs broker.

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Signed Declarations

Only a licensed customs broker, under oath, can sign import and export declaration documents.

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Penal Provisions for Customs Broker Act Violations

Any violation of the Customs Broker Act and its implementing rules, including the Code of Ethics, carries a penalty of a fine of PHP 50,000 - 500,000, imprisonment of 6 years, or both.

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Membership in Accredited Professional Organization

A professional customs broker, registered with the Board, automatically becomes a member of the accredited professional organization. This doesn't prevent them from joining other customs broker associations.

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Implementing Rules and Regulations for Customs Brokers

The Board, with the Commission's approval and coordination with the accredited professional organization, sets rules and regulations for the customs broker profession, including the Code of Ethics.

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Automatic Registration of Existing Customs Brokers

All existing customs brokers, registered and licensed before the Customs Broker Act takes effect, are automatically registered under the new law.

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Code of Ethics for Customs Brokers

The Board adopts and publishes a Code of Ethics and Technical Standards for the customs broker profession, which is developed by the accredited professional organization.

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Implementation and Funding of the Customs Broker Act

The Chairperson of the Professional Regulation Commission is responsible for incorporating the implementation of the Customs Broker Act into the Commission's program and securing funding in the annual General Appropriation Act.

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Separability Clause of the Customs Broker Act

If any part of the Customs Broker Act is declared invalid, it won't affect the rest of the law.

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Transition of the Customs Broker Board

The existing Board of Customs Brokers will continue its duties until a new Board is formed under the Customs Broker 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)

  • 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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