Vessel and Aircraft Entry Regulations

Ports of Entry and Vessel/Aircraft Regulations

• Vessels and aircrafts in foreign trade must use designated ports, respecting existing cargo handling contracts.
• Upon arrival from a foreign port, vessels/aircrafts must dock at the designated port of entry, under the District Collector's authority.

Control Over Vessels

• Boarding or leaving a vessel engaged in foreign trade is restricted to authorized personnel (pilot, consul, quarantine, customs officers) without customs officer permission.
• Unauthorized vessels must maintain a distance of at least 50 meters from vessels engaged in foreign trade.

Documents Required Upon Vessel Entry

• Master of a vessel must present certified documents which include:
  • Vessel's general declaration
  • Original cargo manifest
  • Copies of the original manifest
  • Cargo stowage plan copy
  • Store list copies
  • Passengers list copy
  • Crew list copy
  • Original through cargo manifest copy
  • Passenger manifest (foreigners)
  • Original duplicate of bill of lading
  • Shipping goods and vessel register (if Philippine registry)
  • Other related documents

Cargo Manifest Requirements

• Vessels from foreign ports must carry a complete cargo manifest.
• Cargoes for Philippine ports require separate manifests for each port of call.
• Each manifest must detail departure and delivery ports, package information, and consignee names.
• Vessels must have passenger and baggage manifests with destination details and immigration law requirements.
• A complete list of sea stores on board must be presented.
• If no cargo or passengers are carried, the manifest must state this.
• Shipping companies must electronically send a cargo manifest copy in advance before the vessel's arrival, and provide hard copies (2 for Manila ports, otherwise 1).
• Cargo manifest changes are only allowed via a sworn amendment by the master, consignee, or agent, and only before appraisers receive the goods declaration, except for obvious clerical errors without fraudulent intent.

Manifest Translation and Distribution

• Cargo manifests in languages other than English must include an English translation.
• Upon arrival, electronic manifest copies are provided to the COA Chairperson.
• The original cargo manifest, endorsed by the boarding officer, and ship's documents must be presented to the District Collector.

Philippine Crew Requirements

• Masters of Philippine vessels returning from abroad must present the entire crew.
• Missing crew members require proof of death, desertion, impressment, or discharge with consular certification.

Record Keeping

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

Vessels or Aircrafts Departing Before Entry

• District Collectors can arrest vessels/aircrafts attempting to depart before entry (unless due to unavoidable circumstances).

Ballast Discharge

• Ballast of no commercial value can be discharged with a District Collector's permit.

Cargo Unloading

• Unloading cargo during non-working hours is allowed with service fees.

Vessels Entering Through Necessity

• Masters entering a port due to necessity must protest under oath within 24 hours, stating the circumstances.
• A report must be made to the District Collector within 24 hours if cargo was unloaded or lost, with proof of necessity.

Unloading of Vessels in Port

• District Collectors may allow unloading if necessary, with customs officer supervision.
• Perishable cargo can be disposed of to cover vessel expenses, with duties and taxes paid.
• Cargo can be reloaded for departure, subject to storage fees, and entrance/clearance fees.
• No port charges apply to vessels entering due to unavoidable circumstances

Foreign Government Vessels

• Entry and clearance of foreign government transport ships follow agreements between the Philippines and the respective foreign government.

Vessel Clearance for Foreign Ports

• Vessels bound for foreign ports need to present:
  • A bill of health from the quarantine officer
  • Export cargo manifest copies
  • Passenger list copies (foreigners)
  • Register and shipping goods (if Philippine registry)
  • Last port of entry clearance
  • Notice certificate from the Philippine Postal Corporation
• Vessels cannot be cleared if the master refuses to carry mail from the Philippine Postal Corporation for reasonable compensation.

Detention of Warlike Vessels

• District Collectors must report or detain vessels built for war, carrying arms, and with suspicious crew numbers, until the President decides or a security bond is given.

Oath of Departing Vessel Master

• Departing vessel masters must swear that:
  • All cargoes for the Philippines have been discharged.
  • A true outgoing cargo manifest copy has been provided.
  • Only properly stamped letters will be conveyed (except those relating to the particular vessel).
  • That all mails have been delivered to foreign ports.
  • No undeclared passengers are on board.

Clearance Time Extension

• Departing vessel masters must state departure time; delays exceeding 48 hours require a District Collector report for clearance extension.

Aircraft Arrival Notice

• Nonscheduled aircraft arrivals require timely notice to customs, quarantine, and immigration officers.
• Landing should occur at places with navigational facilities if notice cannot be given.
• The pilot-in-command must secure the aircraft until officers arrive, in the event that they are not present upon landing.
• Scheduled airlines are exempt from advance notice if following a regular schedule filed with relevant authorities.

Landing at International Airports

• Aircraft must land at international airports of entry unless authorized by the Commissioner.
• Unauthorized landings incur inspection expenses and fall under the District Collector's authority.
• Emergency landings require the pilot to prevent unauthorized removal of goods/people.
• The pilot must report the circumstances to customs officers.

Aircraft Arrival Reporting

• Pilots arriving from foreign locations must report to the District Collector.
• Quarantine and customs officers will board the aircraft, and no one can board or leave without permission.
• The pilot must make the necessary entry, and cannot depart or discharge goods without permission.

Documents for Aircraft Entry

• Four copies of a general declaration are needed for entry, containing:
• Aircraft owner/operator, registration, nationality, and flight number
• Clearance and entry points, arrival date
• Health and customs clearance at the last airport
• Aircraft itinerary
• Crew member names and nationalities
• Passenger manifest
• Cargo manifest including airway bill information
• Store list
• Other required documents
• The general declaration must be in English and signed by the pilot-in-command.
• Cargo manifest changes require a sworn amendment, allowed only before invoice recording, except for obvious clerical errors without fraudulent intent.

Manifests for the COA and District Collector (Aircraft)

• Upon arrival of an aircraft, the Bureau gives electronic manifest copies to the COA Chairperson.
• The master presents the original cargo manifest (endorsed by the boarding officer) and aircraft documents to the District Collector.

Aircraft Clearance for Foreign Ports

• Aircraft bound for foreign ports need clearance from the Commissioner.
• Four copies of a general declaration must be presented.

Oath of Departing Aircraft Person-in-Charge

• The pilot-in-command must swear all cargoes to the Philippines have been discharged and that only stamped letters are conveyed (except for aircraft cargo-related items).

Penalties

• Vessel/Aircraft Departing Before Formalities: Fines range from ₱100,000 to ₱300,000 depending on the offense.
• Obstructing a Boarding Officer: Fines range from ₱100,000 to ₱300,000 depending on the offense.
• Unlawful Boarding/Disembarking: Fines range from ₱100,000 to ₱300,000 depending on the offense.
• Unloading Cargo Before Arrival: Fines range from ₱500,000 to ₱2,000,000 depending on the offense.
• Unloading at Improper Time/Place: Fines range from ₱100,000 to ₱300,000 depending on the offense.
• Failure to Exhibit Documents: Fines range from ₱100,000 to ₱300,000 depending on the offense.
• Unmanifested Arms/Explosives: Fines range from ₱500,000 to ₱1,000,000 depending on the offense.
• Failure to Supply Manifest: Fines range from ₱100,000 to ₱300,000 depending on the offense.
• Breaking Customs Seal: Fines range from ₱100,000 to ₱300,000 per broken seal depending on the offense.
• Disappearance of Goods: Fines range from ₱500,000 to ₱1,000,000 depending on the offense.

Vessel Sludge, Permissions and Definitions

• Vessel sludge discharge requires approval, DENR rules compliance, and sampling for duty/tax assessment.
• Bunkering (refueling) allowed by permit.
• Cargo transfer between vessels requires a permit.
• Cargo shifting requires approval.
• VOCC: Vessel Operating Common Carrier
• NVOCC: Non-Vessel Operating Common Carrier

Temporary Shipside Permit

• This is an emergency authorization for cargo discharge at shipside.
• It's issued to avoid delays, especially on weekends or holidays.
• Conditions often include continuous underguarding until the cargo is released and notification to the relevant customs division.

e-Manifest Submission: Air Freight

• e-IFM (Inward Flight Manifest): Submitted by shipping lines with details of all master bills of lading. Deadlines vary.
• Asia: 2 hours before arrival if the flight time is over 2 hours but for flights with less than 2 hours flying time, should not be less than 1 hour
• Outside Asia: 4 hours before arrival
• e-CCM (Consolidated Cargo Manifest): Submitted by consolidators or freight forwarders with information about house bills of lading for consolidated shipments. Deadlines vary.
  • Asia: Submitted 1 hour after arrival IF e-IFM submitted on time
  • Other ports: at least 2 hours, and if e-IFM submitted on time 1 hour after arrival
• Penalties: 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 and Discharge Port Survey Report

• Discharge Port Survey (DPS) Report: Issued by an Accredited Cargo Surveying Company (ACSC) after conducting a survey at the port of discharge for bulk or break-bulk cargo.

Unloading of Cargoes: General and Shipside Permits

• General Permit: Issued upon completion of boarding formalities to discharge cargoes, but doesn't authorize delivery or transfer without requisite permits.
• Shipside Permit: Required for shipside discharge, verified against the Cargo Manifest, and a Transfer Note is issued. Also applies to personal effects. Is obtained from the District Collector, with a customs officer to check it, and another to underguard the lighter with cargo.
• Shipside Regular Permit: Issued by the Deputy Collector for Operations or equivalent for regular shipside cargoes
• Special Shipside Permit: Required for non-regular shipside cargoes like ballast or vessel parts and needs the Collector of Customs authority
• Temporary Shipside Permit: Written authority to discharge cargoes at shipside onto a lighter as per order of the Collector of Customs.

Vessel Sludge, Permissions and Definitions

• Vessel sludge discharge requires approval, DENR rules compliance, and sampling for duty/tax assessment.
• Bunkering (refueling) allowed by permit.
• Cargo transfer between vessels requires a permit.
• Cargo shifting requires approval.
• VOCC: Vessel Operating Common Carrier
• NVOCC: Non-Vessel Operating Common Carrier

Special Permits Required

• Direct transfer of containers to trucks is allowed with written request by the consignee or importer.
• Inner Gauge (IG) cargo fits within standard dimensions.
• Out of Gauge (OG) cargo exceeds standard dimensions, requiring special handling.

Consolidated Cargo Manifest (CCM)

• A manifest of individual shipments within a consolidation, meant for unloading at a Philippine port of entry. It’s submitted with the carrying vessel or aircraft's Cargo Manifest.